Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, 40955-41034 [2016-13687]

Download as PDF Vol. 81 Thursday, No. 121 June 23, 2016 Part II Environmental Protection Agency asabaliauskas on DSK3SPTVN1PROD with RULES 40 CFR Part 60 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; Final Rule VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23JNR2.SGM 23JNR2 40956 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA–HQ–OAR–2003–0119; FRL–9945–72– OAR] RIN 2060–AS11 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units Environmental Protection Agency (EPA). ACTION: Final rule; notice of final action on reconsideration. AGENCY: This action sets forth the Environmental Protection Agency’s (EPA) final decision on the issues for which it granted reconsideration on January 21, 2015, which pertain to certain aspects of the February 7, 2013, final rule titled ‘‘Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units’’ (CISWI rule). The EPA is finalizing proposed actions on these four topics: Definition of ‘‘continuous emission monitoring system (CEMS) data during startup and shutdown periods;’’ particulate matter (PM) limit for the waste-burning kiln subcategory; fuel variability factor (FVF) for coal-burning energy recovery units (ERUs); and the definition of ‘‘kiln.’’ This action also includes our final decision to deny the requests for reconsideration of all other issues raised in the petitions for reconsideration of the 2013 final commercial and industrial solid waste incineration rule for which we did not grant reconsideration. DATES: The amendments in this rule to 40 CFR part 60, subpart DDDD, are effective June 23, 2016, and to 40 CFR part 60, subpart CCCC, are effective December 23, 2016. The incorporation by reference of certain publications listed in this rule was approved February 7, 2013. ADDRESSES: The EPA has established a docket for this action on the commercial and industrial solid waste incineration rule under Docket ID No. EPA–HQ– OAR–2003–0119. All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744 and the telephone number for the Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: For further information, contact Dr. Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143–05), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 5572; fax number: (919) 541–3470; email address: modak.nabanita@ epa.gov. SUPPLEMENTARY INFORMATION: Organization of This Document. The following outline is provided to aid in locating information in this preamble. I. General Information A. Does this reconsideration action apply to me? B. How do I obtain a copy of this document and other related information? C. Judicial Review II. Summary of Final Amendments A. Background Information B. Actions We Are Taking C. Other Actions We Are Taking III. Summary of Significant Changes Since Proposal IV. Summary of Significant Comments and Responses A. Definition of ‘‘CEMS Data During Startup and Shutdown Periods’’ B. PM Limit for the Waste-Burning Kiln Subcategory C. FVF for Coal-Burning Energy Recovery Units D. Definition of ‘‘Kiln’’ V. Technical Corrections and Clarifications A. 2000 CISWI New Source Applicability Clarification for Incinerators and Air Curtain Incinerators B. Typographical Errors and Corrections C. Clarifications VI. Environmental, Energy and Economic Impacts VII. 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (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) Preamble Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document. Btu British thermal unit CAA Clean Air Act CBI Confidential business information Cd Cadmium CEMS Continuous emissions monitoring systems CFR Code of Federal Regulations CISWI Commercial and Industrial Solid Waste Incineration CO Carbon monoxide CO2 Carbon dioxide CPMS Continuous Parameter Monitoring System dscm Dry standard cubic meter EG Emission Guidelines EJ Environmental Justice EPA U.S. Environmental Protection Agency ERU Energy recovery unit ESP Electrostatic precipitator FVF Fuel variability factor HCl Hydrogen chloride Hg Mercury ICR Information collection request MACT Maximum achievable control technology mg/dscm Milligrams per dry standard cubic meter mmBtu/hr Million British thermal units per hour NAICS North American Industrial Classification System NESHAP National emission standards for hazardous air pollutants ng/dscm Nanograms per dry standard cubic meter NHSM Non-hazardous secondary material(s) NOX Nitrogen oxides NSPS New source performance standards NTTAA National Technology Transfer and Advancement Act OAQPS Office of Air Quality Planning and Standards OMB Office of Management and Budget Pb Lead PM Particulate matter (filterable, unless otherwise specified) ppm Parts per million ppmv Parts per million by volume ppmvd Parts per million by dry volume PS Performance Specification RCRA Resource Conservation and Recovery Act RIN Regulatory Information Number SBA Small Business Administration SO2 Sulfur dioxide E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations SSM Startup, shutdown, and malfunction The Court United States Court of Appeals for the District of Columbia Circuit TTN Technology Transfer Network ug/dscm Micrograms per dry standard cubic meter UMRA Unfunded Mandates Reform Act U.S.C. United States Code VCS Voluntary consensus standards WWW World Wide Web 40957 those that operate Commercial and Industrial Solid Waste Incineration (CISWI) units. The New Source Performance Standards (NSPS) and Emission Guidelines (EG), hereinafter referred to as ‘‘standards,’’ for CISWI affect the following categories of sources: I. General Information A. Does this reconsideration action apply to me? Categories and entities potentially affected by the proposed action are NAICS 1 code Any industrial or commercial facility using a solid waste incinerator. Examples of potentially regulated entities 211, 212, 486 Mining; oil and gas exploration operations; pipeline operators. 221 321, 322, 337 Category Utility providers. Manufacturers of wood products; manufacturers of pulp, paper and paperboard; manufacturers of furniture and related products. Manufacturers of chemicals and allied products; manufacturers of plastics and rubber products. Manufacturers of cement; nonmetallic mineral product manufacturing. Manufacturers of machinery; manufacturers of transportation equipment. Merchant wholesalers, durable goods; retail trade. 325, 326 327 333, 336 423, 44 1 North American Industrial Classification System. asabaliauskas on DSK3SPTVN1PROD with RULES This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this final action. To determine whether your facility would be affected by this final action, you should examine the applicability criteria in 40 CFR 60.2010 of subpart CCCC, 40 CFR 60.2505 of subpart DDDD and 40 CFR part 241. If you have any questions regarding the applicability of this final action to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. How do I obtain a copy of this document and other related information? The docket number for this final action regarding the CISWI NSPS (40 CFR part 60, subpart CCCC) and EG (40 CFR part 60, subpart DDDD) is Docket ID No. EPA–HQ–OAR–2003–0119. In addition to being available in the docket, an electronic copy of this final action is available on the World Wide Web (WWW) through the Technology Transfer Network (TTN) Web. Following signature, the EPA posted a copy of the proposed action at https://www.epa.gov/ ttn/atw/129/ciwi/ciwipg.html. The TTN provides information and technology exchange in various areas of air pollution control. C. Judicial Review Under the CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 Circuit (D.C. Circuit) by August 22, 2016. Under CAA section 307(d)(7)(B), only an objection to this final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave. NW., Washington, DC 20004, with a copy to the persons listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Note, under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce these requirements. II. Summary of Final Amendments A. Background Information On March 21, 2011, the EPA promulgated revised NSPS and EG for CISWI units. Following that action, the Administrator received petitions for reconsideration that identified certain issues that warranted further opportunity for public comment. In response to the petitions, the EPA reconsidered and requested comment on several provisions of the February 2011 final NSPS and EG for commercial and PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 industrial solid waste incineration units. The EPA published the proposed revisions to the NSPS and EG for commercial and industrial solid waste units on December 23, 2011 (76 FR 80452). On February 7, 2013, the EPA promulgated the final reconsidered NSPS and EG for CISWI units (78 FR 9112). The final rule made some revisions to the December 2011 proposed reconsideration rule in response to comments and additional information received. Following that action, the EPA again received petitions for reconsideration. These petitions stated certain provisions should be reconsidered and that the public lacked sufficient opportunity to comment on some of the provisions contained in the final 2013 CISWI rule. On January 21, 2015, the EPA reconsidered and requested comment on four provisions of the 2013 final NSPS and EG for CISWI units. Additionally, the EPA proposed clarifying changes and corrections to the final rule, some of which were raised in petitions for reconsideration of the 2013 CISWI rule. The EPA also proposed to amend the final rule by removing the affirmative defense provision. The EPA continued to evaluate the remaining issues raised in the petitions for reconsideration of the February 7, 2013 final CISWI reconsideration based on public comments received on the January 21, 2015, proposed reconsideration. For a more detailed background and additional information on how this rule is related to other CAA combustion rules issued under CAA section 112 and E:\FR\FM\23JNR2.SGM 23JNR2 40958 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the Resource Conservation and Recovery Act (RCRA) definition of solid waste, refer to prior notices (76 FR 15704, 78 FR 9112). asabaliauskas on DSK3SPTVN1PROD with RULES B. Actions We Are Taking In this document, we are finalizing amendments associated with certain issues raised by Petitioners in their petitions for reconsideration on the 2013 CISWI rule. These provisions are: (1) Definition of ‘‘CEMS data during startup and shutdown periods;’’ (2) particulate matter (PM) limit for the waste-burning kiln subcategory; (3) fuel variability factor (FVF) for coal-burning energy recovery units (ERUs); and (4) the definition of ‘‘kiln.’’ The final amendments are summarized as follows: 1. Definition of ‘‘CEMS data during startup and shutdown periods’’: The EPA is revising the ‘‘CEMS data during startup and shutdown’’ definition to be subcategory-specific. For ERUs and waste-burning kilns, the definitions reflect provisions similar to those of the non-waste counterpart National Emission Standards for Hazardous Air Pollutants (NESHAP) to CISWI for the type of source (i.e., boilers and cement kilns). Therefore, ERUs will comply with provisions similar to those in the major source Boiler NESHAP, and waste-burning kilns will comply with provisions similar to those in the Portland Cement NESHAP. For incinerators and small remote incinerators, the proposed definition (i.e., from a cold start and up to 48 hours for startup and 24 hours or less for shutdown) will apply. 2. Particulate matter limit for the waste-burning kiln subcategory: The EPA has determined that the test averages, instead of the individual test runs, should be used to establish the standards for new and existing wasteburning kilns. Based on that approach, the final PM emission limits for existing kilns is 13.5 mg/dscm and the final PM emission limit for new kilns is 4.9 mg/ dscm. 3. Fuel variability factor (FVF) for coal-burning energy recovery units: The EPA is incorporating a fuel variability factor and adopting as final the emission limits discussed in the proposed rule for cadmium (Cd), hydrogen chloride (HCl), mercury (Hg), lead (Pb), filterable particulate matter (PM), and nitrogen oxides (NOX). Additionally, the EPA has re-evaluated the fuel sulfur data with paired sulfur dioxide (SO2) data and is incorporating a FVF into the floor calculations for SO2. The final SO2 limit for existing and new coal ERUs is 850 parts per million by dry volume (ppmvd). VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 4. Definition of ‘‘kiln’’: The EPA is finalizing a definition of ‘‘kiln’’ that is consistent with that of the Portland Cement NESHAP. The terms ‘‘in-line raw mill’’ and ‘‘in-line coal mill’’ are included in the definition, and, therefore, have been added to the definitions within the CISWI rule. Furthermore, the EPA is finalizing the proposed compliance demonstration and ongoing monitoring method for waste-burning kilns that combine emission streams from the in-line raw mill and/or the in-line coal mill and exhaust through multiple stacks. The EPA is also finalizing clarifying language that makes the monitoring requirements for waste-burning kilns consistent with those in the Portland Cement NESHAP. Specifically, we are not requiring that CEMS or PM continuous parameter monitoring systems (CPMS) be installed on separate alkali bypass or in-line coal mill stacks. Instead, as is the case with the Portland Cement NESHAP, the results of the initial and subsequent performance tests for the alkali bypass and in-line coal mill stacks can be used to determine the combined emissions to demonstrate compliance with the relevant emissions limit. However, unlike the Portland Cement NESHAP, the performance test must be conducted on an annual basis (between 11 and 13 calendar months following the previous performance test) to keep the testing schedule for these stacks consistent with the CISWI rule’s annual performance testing requirements. Section IV of this preamble discusses these issues in further detail and presents the revisions necessary to address each issue. Additionally, the EPA is clarifying certain applicability provisions relating to incinerator units and air curtain incinerator units subject to the 2000 CISWI NSPS and is correcting various typographical errors identified in the rule as published in the CFR. Section V of this preamble discusses these issues in further detail. The EPA is also finalizing the proposed amendments to the final rule by removing the affirmative defense provision for the reasons set forth in the proposed rule. See 80 FR 3018, 3025 (January 21, 2015). C. Other Actions We Are Taking Section 307(d)(7)(B) of the CAA states that ‘‘[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Administrator that it was impracticable to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was proposed. If the Administrator refuses to convene such a proceeding, such person may seek review of such refusal in the United States court of appeals for the appropriate circuit (as provided in subsection (b)).’’ As to the first procedural criterion for reconsideration, a petitioner must show why the issue could not have been presented during the comment period, either because it was impracticable to raise the issue during that time or because the grounds for the issue arose after the period for public comment (but within 60 days of publication of the final action). The EPA is denying the petitions for reconsideration on a number of issues because this criterion has not been met. In many cases, the petitions reiterate comments made on the proposed December 2011 rule during the public comment period for that rule. On those issues, the EPA responded to those comments in the final rule and made appropriate revisions to the proposed rule after consideration of public comments received. It is well established that an agency may refine its proposed approach without providing an additional opportunity for public comment. See Community Nutrition Institute v. Block, 749 F.2d at 58 and International Fabricare Institute v. EPA, 972 F.2d 384, 399 (D.C. Cir. 1992) (notice and comment is not intended to result in ‘‘interminable back-andforth[,]’’ nor is an agency required to provide additional opportunity to comment on its response to comments) and Small Refiner Lead Phase-Down Task Force v. EPA, 705 F.2d 506, 547 (D.C. Cir. 1983) (‘‘notice requirement should not force an agency endlessly to repropose a rule because of minor changes’’). In the EPA’s view, an objection is of central relevance to the outcome of the rule only if it provides substantial support for the argument that the promulgated regulation should be revised. See Union Oil v. EPA, 821 F.2d 768, 683 (D.C. Cir. 1987) (court declined to remand rule because petitioners failed to show substantial likelihood that final rule would have been changed E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES based on information in petition). See also the EPA’s Denial of the Petitions to Reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202 of the Clean Air Act, 75 FR at 49556, 49561 (August 13, 2010). See also 75 FR at 49556, 49560–49563 (August 13, 2010) and 76 FR at 4780, 4786–4788 (January 26, 2011) for additional discussion of the standard for reconsideration under CAA section 307(d)(7)(B). This action includes our final decision to deny the requests for reconsideration with respect to all issues raised in the petitions for reconsideration of the final 2013 CISWI rule for which we did not grant reconsideration. These denied requests for reconsideration are discussed in detail in the ‘‘Reconsideration issues on the 2013 final rule’’ memorandum found in the docket to this rulemaking. III. Summary of Significant Changes Since Proposal The EPA did not propose revisions to the definition of ‘‘CEMS data during startup and shutdown,’’ but requested comment and suggestions for provisions in this definition that would address the transitional operation period at startup. Based on our review of comments received and suggestions on provisions, we are finalizing revised subcategoryspecific definitions for ‘‘CEMS data during startup and shutdown’’ that are operationally representative for the subcategory of unit, and more closely resemble the non-waste burning regulatory definitions of these periods of operation. This issue, and the rationale for doing so, are discussed in greater detail in section IV.A. of this preamble. Similarly, the EPA did not propose PM emission limits for waste-burning kilns based on test average data instead of test run data, but requested comment on the appropriateness of such an approach for this set of data. Upon consideration of comments, the EPA has determined to adopt the emission limits based on test average data for PM for the waste-burning kiln subcategory, and we have discussed our rationale for this in section IV.B. of this preamble. The EPA did not propose but requested comment and additional data concerning the need for a FVF for coalfired ERUs. Potential emission limits based on periods of non-waste combustion and, if applicable, a FVF for coal ERUs were discussed in the proposal for coal-burning ERUs for Cd, HCl, Hg, Pb, PM, and NOX. Based on comments and additional analysis, the EPA is adopting these emission limits and also incorporating a FVF into the VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 floor calculations for the SO2 emission limit. The EPA did not discuss a FVF for SO2 at proposal because the sulfur data the EPA had intended to use to develop the FVF appeared to have only one data point that could be paired with SO2 emissions test data. It was brought to the EPA’s attention during the comment period, however, that there were in fact two data points in the sulfur data set that could be paired with emissions test data. It was not initially clear that the coal samples dated 4–9 days prior to the emissions test were paired samples. However, during the comment period, a commenter informed the EPA these data were paired and the different dates were due to the lag time between sampling and actual combustion. This clarification enabled the EPA to determine that sufficient paired data exist for the calculation of a FVF for SO2, which resulted in a revised SO2 emission limit of 850 ppmvd for new and existing coal ERUs. Consistent with the January 21, 2015 proposal, the EPA is adopting this revised emission limit to account for the fuel variability for this subcategory of CISWI units. Section IV.C of this preamble discusses this issue in further detail and responds to comments on the issue. Additionally, the HCl CEMS requirements for waste-burning kilns not equipped with acid gas wet or dry scrubbers have been revised in response to comments and to be more consistent with more recently promulgated monitoring provisions included in the Portland Cement NESHAP rule. These revised provisions allow sources to use CEMS installed and operated according to either Performance Specification 15 or Performance Specification 18 to continuously monitor HCl emissions. The revised provisions also provide additional clarification and detail to sources on the procedures to use for calibrating and verifying the performance of the HCl CEMS. IV. Summary of Significant Comments and Responses This section of the preamble summarizes the major comments received regarding the reconsidered issues and the EPA’s responses in support of this final rule. For other comments not discussed here, refer to the ‘‘Summary of Public Comments and Responses for Commercial and Industrial Solid Waste Incineration Units: 2015 Reconsideration and Final Amendments’’ in the docket. A. Definition of ‘‘CEMS Data During Startup and Shutdown Periods’’ Background: In the January 21, 2015, proposal, the EPA requested comments PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 40959 on the definition of ‘‘CEMS data during startup and shutdown’’ that was in the February 2013 final rule. As background, the 2011 CISWI final rule contained CEMS monitoring requirements for carbon monoxide (CO) from new sources, including a provision that mandated a 7 percent oxygen correction. After the 2011 CISWI final rule was published, petitioners indicated that correcting CO concentration measurements to 7 percent oxygen is problematic during startup and shutdown periods when the flue gas oxygen content approaches the oxygen content of ambient air, especially with regard to the ERU subcategory. Oxygen contents are often maintained relatively close to ambient air during combustion unit startup and shutdown in order to safely operate the unit, but, as a result, the corrected CO values during these periods are artificially inflated due to the oxygen correction calculation. Petitioners presented data that demonstrated how these inflated data points drive the 30day rolling average values beyond the emission limit. To resolve this issue, the EPA determined that the 7 percent oxygen correction would not be required for CEMS data collected during periods of startup and shutdown, referred to and defined as ‘‘CEMS data during startup and shutdown.’’ Based on data submitted for coalburning ERUs, a new definition of ‘‘CEMS data during startup and shutdown’’ was proposed in the December 2011 reconsideration proposal that referred to the data collected during the first 4 hours of operation of an energy recovery unit starting up from a cold start and the hour of operation following the cessation of waste material being fed to the unit during shutdown. The EPA received comments on the proposed definition expressing concern that the time limits included in the definition may not accurately represent all CISWI unit types. Further, commenters argued that the same logic should apply for all CEMS-measured emission limits, not just CO. They explained that, even though CEMS is a compliance alternative rather than a requirement for most CISWI standards, other air regulations and permit requirements may require the units to continue to monitor emissions using CEMS data. Therefore, in the February 2013 CISWI final rule, the definition was revised to include all pollutants measured with a CEMS, expanded to include a separate definition for wasteburning kilns, and revised to remove the 4-hour and 1-hour time limits in the E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40960 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations definition. Within that definition, the EPA defined the end of the startup period and the beginning of the shutdown period as the introduction and cessation of waste fed to the unit, respectively. Information available for the best performing units described their typical operation and supported defining the startup and shutdown periods based on the introduction and cessation of waste being fed to the units. Furthermore, for the incinerator, small remote incinerator, and the ERU subcategories, the February 2013 action specified an upper limit of 48 hours for startup periods and 24 hours for shutdown periods of CEMS data, consistent with information provided by commenters. After the February 2013 CISWI final rule was promulgated, the EPA received petitions stating that stakeholders did not have the opportunity to comment on the final definition, especially the clause that defines the beginning and ending of these periods as the introduction and cessation, respectively, of waste material being fed to the combustor. Petitioners argued that, with the inclusion of the provision ending startup when waste is added to the unit, the end of startup will occur too early because units that combust waste often introduce waste before steady state operations to transition from startup fuel to waste and other primary fuel combustion. For this reason, the petitioners argued that the EPA should extend the startup period duration to include the period of time when sources are transitioning to waste combustion from the startup fuel. On January 21, 2015, the EPA requested comment on whether the definition should be revised to extend the startup period to include this transitional period of combustor operation. In addition, the EPA requested that commenters suggest provisions that would ensure adequate application of the CEMS data during startup and shutdown definition, such as maximum allowable time limits after introduction of waste, if the agency were to allow solid waste combustion during startup. Comment: Several commenters supported, to a degree, the EPA’s change in the 2013 final rule from the proposed 4-hour and 1-hour time limits on the definitions of CEMS data during startup and shutdown to the more subcategoryspecific definitions found in the 2013 final rule, but suggested additional revisions to make the definition more accurately reflect these periods for certain types of units. Commenters noted technical reasons during startup that cause corrected emissions VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 concentrations to possibly show emissions in excess of those occurring during normal, steady-state operation due to the 7 percent oxygen correction. These reasons included: (1) Stack oxygen levels approach ambient levels, inflating oxygen correction factors even though mass emission rates are low; (2) the combustor has not attained optimal temperature, turbulence, and residence time conditions, which are key factors for control of combustion-related emissions; and (3) air pollution control equipment has not achieved necessary minimum temperature and/or other operating conditions necessary for effective steady-state performance on which the standards are based. The commenters also asserted that, while elevated emissions do occur during startups, the magnitude and period of elevated emissions will be actively minimized as required by the ‘‘general duty’’ provisions to minimize emissions at all times including startups and shutdowns. Additionally, the commenters argued that, for ERUs, at least, unit operators are economically motivated to minimize the duration of any startups, because the shorter the startup, the quicker a unit can be brought online to sell steam and/or connect to the grid and sell power. Also with respect to ERUs, commenters stated that units firing solid material on grates or in fluidized beds require more time for the material to fully ignite and achieve the optimal combustion conditions than gaseous or liquid-fired units do. The commenters stated that elevated corrected emission concentrations following initial solid material firing is an inherent characteristic of ERU subcategories such as stoker and fluidized bed biomass ERUs. In conclusion, the commenters recommended that, given the virtually identical technologies used for both boilers and CISWI ERUs, the EPA should incorporate language in the CEMS data definition similar to that which it proposed in the major source and area source Boiler NESHAP rules. One commenter provided mark-up language reflecting major source boiler language in the ‘‘CEMS data for startup and shutdown’’ definition that would apply specifically to CISWI ERUs, and a separate definition that could apply to incinerators and small remote incinerators. For ERUs, the commenter suggested the following definition, which eliminates the ‘‘cold start’’ and ‘‘until waste is fed to the unit’’ language, and adds the concept of tying the CEMS data during startup period to the time that useful thermal energy is generated. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 The commenter suggested that CEMS data during startup and shutdown should be defined as follows: For energy recovery units: CEMS data collected during the first hours of operation of a CISWI unit startup including the hours of operation firing non-waste fuel and the hours following introduction of waste to the unit until 4 hours after when the ERU makes useful thermal energy (such as steam or heat) for heating, cooling, and process purposes, or generates electricity, whichever is earlier, and the hours of operation following the cessation of waste material being fed to the CISWI unit during a unit shutdown. For each startup event, the length of time that CEMS data may be claimed as being CEMS data during startup must be 48 operating hours or less. For each shutdown event, the length of time that CEMS data may be claimed as being CEMS data during shutdown must be 24 operating hours or less. As an alternative to the above definition, the commenter suggested the definition could include the period of time up to 6 hours following introduction of waste to the unit instead of tying the definition to ‘‘useful thermal energy.’’ The commenter noted that this might allow the definition to be applicable to incinerators and small remote incinerators. Another commenter suggested that the first 48 hours of startup and the last 24 hours of shutdown for incinerators, small remote incinerators, and energy recovery units is adequate in most cases. This commenter stated that any time the feed to a combustion chamber is modified (e.g., new material added, same material with higher or lower feed rates), the combustion process is disturbed. The commenter further stated that the length of time it takes for the combustion process to re-stabilize depends upon a number of factors (size of the combustion unit, amount of waste introduced, the Btu content of the waste introduced, the combustibility of that waste, the operating conditions, etc.). Therefore, the commenter recommended that the CEMS data during startup and shutdown are best decided on a site-specific basis and urged the EPA to allow this as an option. With respect to waste-burning kilns, one commenter argued that it is highly beneficial to have the definitions of startup and shutdown for kilns in the CISWI rule match the definitions in the Portland Cement NESHAP. Therefore, the commenter supported having a separate definition of CEMS data during startup and shutdown that applied to waste-burning kilns, and that this E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations definition should also reflect provisions found in the Portland Cement NESHAP. The commenter provided the following language as a suggestion on what would be appropriate, and also suggested a corresponding footnote to clarify that the 7 percent oxygen adjustment need not be applied during periods of startup and shutdown: ‘‘CEMS data during startup and shutdown means the following: (2) For waste-burning kilns: CEMS data collected during the periods of kiln operation that do not include normal operations. Startup means the time from when a shutdown kiln first begins firing fuel until it begins producing clinker. Startup begins when a shutdown kiln turns on the induced draft fan and begins firing fuel in the main burner. Startup ends when feed is being continuously introduced into the kiln for at least 120 minutes or when the feed rate exceeds 60 percent of the kiln design limitation rate, whichever occurs first. Shutdown means the cessation of kiln operation. Shutdown begins when feed to the kiln is halted and ends when continuous kiln rotation ceases.’’ Response: Based on these comments and the EPA’s goal to provide, where appropriate, consistent regulatory provisions, the EPA has determined to revise the definition of ‘‘CEMS data during startup and shutdown’’ to be subcategory-specific. For ERUs and waste-burning kilns, for example, the definition will reflect definitions similar to those of the non-waste counterpart NESHAP to CISWI for the type of source. Therefore, the final definition for ERUs will reflect provisions found in the major source Boiler NESHAP, and the final definition for waste-burning kilns will reflect provisions similar to those in the Portland Cement NESHAP. For incinerators and small remote incinerators, the proposed definition (i.e., from a cold start and up to 48 hours for startup and 24 hours or less for shutdown) will still apply. These subcategory-specific definitions provide a consistent basis for ERUs and kilns that may change applicability periodically so that owners and operators will have a consistent requirement for demonstrating compliance regardless of the mode (waste or non-waste) the unit is being operated in. Furthermore, for incinerators and small remote incinerators, industry commenters are confident that the full range of these sources will be able to maintain compliance with these time allowances that were proposed. We note that certain commenters indicate that reasons for changing the definitions include that the units may VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 have greater emissions during startup and shutdown and also that pollution control equipment may not be fully operational during startup. The EPA is not revising the definitions to allow sources to violate the standard; instead the change is designed to better reflect the actual operating conditions during startup and shutdown. The oxygen correction is thus designed to allow sources to use actual stack oxygen levels during these periods instead of numbers corrected to 7 percent oxygen.1 If sources believe that, even with the stack oxygen correction, emissions will exceed the levels of the standard because of incomplete combustion or because air pollution controls are not fully operational, they must take steps (e.g., burn clean startup fuel for longer periods) to ensure compliance. Finally, the subcategory-specific definitions of ‘‘CEMS data during startup and shutdown’’ in this final rule more clearly specify the beginning and end of startup and shutdown periods for each subcategory of CISWI unit. However, we realize in doing so that the previous, separate definitions of ‘‘startup period’’ and ‘‘shutdown’’ that have been held over from the 2000 CISWI rule may now cause confusion for waste-burning kilns and ERUs especially. Because the 2000 CISWI rule applied to incinerator units (and not ERUs and waste-burning kilns), we recognize the need to clarify that the ‘‘startup period’’ and ‘‘shutdown’’ definitions apply only to incinerators and small, remote incinerators. For this reason, the EPA is revising the definitions of ‘‘startup period’’ and ‘‘shutdown’’ to clarify that they are intended to apply only to incinerators and small, remote incinerators. Comment: One commenter argued that allowing sources to comply with emissions standards based on uncorrected emissions measurements would be unlawful and arbitrary. The commenter explained that the EPA does not claim that all units will have oxygen levels close to the ambient air, that any units’ oxygen levels will actually be at the level of the ambient air during these periods, or that any units’ oxygen levels will be at that high level consistently. The commenter suggested that the EPA should instead consider several other approaches. First, the commenter suggested that the EPA could require sources to show compliance during these periods using another method, 1 Stack oxygen data must still be measured during these periods, but since a correction to stack oxygen essentially means multiplying the measured concentration by 1, the concentration value measured at stack oxygen is used to calculate average concentrations. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 40961 such as stack tests. The commenter stated that the EPA recognized that CEMS are a compliance alternative rather than a requirement for most CISWI standards. The commenter also argued that the EPA stated it is maintaining CEMS as a compliance alternative during these periods because ‘‘other air regulations and permit requirements may require’’ CEMS data. However, the commenter argued that the EPA did not state what these other requirements are, or why the same CEMS problems it has identified here do not apply to them. The commenter further argued that even if other regulatory requirements do require sources to maintain CEMS data, that does not compel the EPA to accept their data as demonstrative of compliance with the requirements of the performance standards and emissions guidelines for air pollution from CISWI. The commenter also suggested that, if the CEMS compliance alternative were retained, the EPA could require sources to correct their measurements to the level of oxygen actually present, as measured by an oxygen analyzer or another method. Finally, the commenter offered as an alternative that the EPA could develop mass-based limits instead of concentration-based limits, which do not require oxygen correction. The commenter concluded that, because the EPA has not even considered these alternatives, the proposal to allow sources to show compliance based on measurements it does not dispute will be inaccurate is arbitrary as well as unlawful. Response: As we noted in the proposed rule, the rules generally require stack emissions testing. These tests can span several hours. The CISWI rule emission limits were based on data obtained during normal operations, which is also what the rule requires for conducting performance testing (see 40 CFR 60.2125(a) and 40 CFR 60.2690(a)). As has been noted in other comments and in the costing analyses presented in support of the CISWI rulemaking, the emission testing program is not trivial in cost and effort. Therefore, adding a requirement for additional stack testing during startup and shutdown periods, which seems to be what this commenter suggests, would further add to the compliance cost of the rule for obtaining data for a small portion of the source’s operations. The EPA does not believe this additional monitoring is required to assure compliance with the standards. As noted before and by some commenters, monitoring by CEMS is an alternative, and may be useful for sources that are required by permit or for Acid Rain program requirements (40 E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40962 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations CFR part 75) to continually monitor emissions of certain pollutants, primarily NOX and SO2. The EPA realized that the interaction of newly applicable CISWI standards to ERUs and waste-burning kilns may differ from existing requirements for these sources developed under the Acid Rain program, permit requirements enacted for state or local conditions, or even under various consent decrees. The EPA also recognizes that different programs measure and evaluate emissions for various purposes and in differing formats (e.g., lb/MMBtu), and therefore disagrees with the commenter’s assertions that if these other programs do not need these provisions, then neither should CISWI. In fact, the EPA maintains that the reasons other programs may not require separate definitions is because they already have separate startup and shutdown requirements in place for the program. For example, appendix F of 40 CFR part 75 allows sources to calculate a NOX emission rate using a ‘‘diluent cap’’ during periods of operation (startup and shutdown) where CO2 and O2 are near ambient air levels.2 As many commenters have noted, these ‘‘CEMS data during startup and shutdown’’ revisions being finalized are necessary to make attainable the CISWI requirement for the standards to ‘‘apply at all times’’ for sources that are otherwise required to measure emissions using CEMS or that opt to measure emissions continually. Further, the EPA does acknowledge that there are instances, such as this one, where consistent regulatory provisions will make compliance demonstrations easier for affected sources and implementing agencies while still maintaining the integrity and goals of the regulation. That is the case here, where multiple programs may require or allow CEMS data for continuous compliance demonstrations. The commenter also suggested that either using CEMS data corrected to stack oxygen or developing a massbased standard should be investigated. In essence, though, the revised provisions allow CEMS data to be ‘‘corrected to’’ stack oxygen levels (that is, the numerator and denominator of the oxygen correction are equal, so the correction factor equals 1). Sources must still measure and record concentrations and stack oxygen levels during these periods, and must keep records of 2 See the ‘‘2013 revision of the Part 75 Emissions Policy Manual’’ accessed August 18, 2015 at https:// www.epa.gov/airmarkets/documents/monitoring/ Final-Part75-Policy-Manual-2013-revised-08-2713.pdf. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 periods of CEMS data that are being claimed as periods of startup and shutdown (See 40 CFR 60.2175(p) and 40 CFR 60.2740(o)). As many commenters have already noted, the oxygen levels fluctuate widely during startup and shutdown periods, so any basis other than using stack oxygen levels for correction during this period would run into the same type of calculation issue that we are attempting to remedy. Similarly, a mass-based standard for CISWI units would be a significant departure from the format of the existing standards, further complicating compliance demonstrations by the facility and assessment by the implementing agency. In order to develop a calculation-based approach, the EPA would need to have information on the specific materials being fed and resultant emissions for each of the best performing units during startup and shutdown periods. These are data that we do not have and the commenter did not provide any recommendations on an approach that the EPA could consider absent these data. In addition, the EPA did not reopen the specific standards or form of the standards in the proposed rule, and we decline to establish mass-based emission standards for that reason as well. We are not revising the standards, but are revising only the monitoring provisions of the standards to ensure that CEMS data collected are representative of actual emissions during startup and shutdown periods and are not being artificially inflated or influenced due to the 7 percent oxygen correction. In the revisions, these intervals are clearly defined and specific to the unit type to ensure this period is reasonable to ensure safe operation while minimizing emissions. B. PM Limit for the Waste-Burning Kiln Subcategory Background: In the January 21, 2015, proposal, the EPA solicited comments on the data set used to determine PM limits for new and existing wasteburning kilns in the February 2013 final rule. The March 2011 CISWI final rule promulgated PM emissions limits of 6.2 milligrams per dry standard cubic meter (mg/dscm) for existing units, and 2.5 mg/dscm for new units, both corrected to 7 percent oxygen. In an action parallel to the March 21, 2011, final CISWI rule, the EPA promulgated a final rule that identifies the standards and procedures for identifying whether nonhazardous secondary materials (NHSM) are or are not solid waste when used as fuels or ingredients in combustion units. The EPA defines the NHSM that are PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 solid waste under RCRA in the final ‘‘Identification of Non-Hazardous Secondary Materials That Are Solid Waste’’ rulemaking. The RCRA definition of solid waste is integral in defining the CISWI source category. Commercial and industrial units that combust solid waste are subject to standards issued pursuant to CAA section 129, rather than to standards issued pursuant to CAA section 112 that would otherwise be applicable to such units (e.g., boilers, process heaters and cement kilns). Cement kilns combusting solid waste are waste-burning kilns subject to CISWI, not the otherwise applicable Portland Cement NESHAP. Following promulgation of the 2011 CISWI rule, the EPA again analyzed the materials being combusted in the entire national inventory of Portland cement kilns in light of the revisions to the NHSM rule, and made revisions to the CISWI waste-burning kiln inventory. When kilns were added to the inventory and their emissions data considered, the resulting NSPS and EG PM emission limits proposed in the December 2011 reconsideration were less stringent than those established in the March 2011 CISWI final rule. Following the December 2011 reconsideration proposal, the EPA learned that one of the kilns in the CISWI inventory was no longer burning waste, and another kiln that was not thought to be burning waste materials was doing so. The CISWI waste-burning kiln inventory was revised during the period between proposal and final to reflect these changes, and the database updated to include emissions data for the newly identified unit, as well as some additional test reports obtained for units within the inventory. The EPA calculated the maximum achievable control technology (MACT) floors after making the appropriate revisions to the inventory and the new NSPS and EG PM emission limits were more stringent than those proposed in the December 2011 reconsideration proposal. Table 1 of this preamble tracks the progression of the waste-burning kiln PM limits from the March 2011 final rule through the February 2013 final rule. Throughout the CISWI rulemaking process from March 2011 through February 2013, the EPA used the same calculation methodology (i.e., the upper prediction limit calculated from a population of individual test runs) to establish the emission limits for wasteburning kilns. However, the data set used in these calculations has changed and grown over this period of time as the agency has revised the CISWI inventory based on information submitted to the agency by the regulated E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations community and new data are submitted. As a result, a petitioner has suggested that the current PM emission data set for waste-burning kilns is robust enough to warrant using 3-run emission test averages as the data population rather than the individual test runs. According to the commenter, using this approach to calculate emission limits would result in PM emission limits that are different than those of the February 2013 CISWI final rule. In the context of MACT analyses, as the EPA noted in the January 21, 2015 proposal, emission test averages or individual test run data can be used to determine emissions variability of best performers. We also noted that we typically use individual test runs, but for categories with data from 15 3 or more sources, which would provide at least 45 test runs, we may choose to use test averages. In these larger data sets, the use of test averages are likely to be sufficiently representative of long term performance and variability without the need for use of the individual test runs. In the January 21, 2015 proposal, the EPA solicited comment on the data set used in the February 2013 final rule, as well as whether this data set warrants a different calculation approach due to its size or other factors. See the memoranda titled ‘‘Potential Emission Limits Calculation Analyses for Waste-burning Kilns and Coal ERUs,’’ ‘‘Approach for Applying the Upper Prediction Limit to Limited Data Sets,’’ and ‘‘Use of the Upper Prediction Limit for Calculating MACT Floors’’ in the CISWI docket for more details. Comment: Two commenters supported the use of emission test averages to determine emission standards. One commenter strongly believed that use of test averages is the only valid way to conduct calculations of upper predictive limit (UPL) or other variability analyses because only test averages, and not individual test runs, are statistically independent from one another, as the UPL calculation requires. Both commenters argued that it is crucial that the UPL calculation reflect the actual variability of compliance test results for the best performing kilns that set the floors, and stated that this goal is best accomplished by using stack test results (which are the average of three consecutive test runs) in the UPL calculation, rather than using test runs 3 The 15 test average number discussed in the January 21, 2015 proposal was not a ‘‘bright line’’ value used to establish a possible threshold for when test runs versus test averages may be selected. Rather, this number was an illustrative number that was being discussed as an example in internal EPA discussions at the time the proposal was being written. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 as individual data points. One commenter noted that the data set for PM emissions from waste-burning kilns is among the largest for any source category or pollutant in the CISWI rule, consisting of 24 stack tests (equivalent to 72 individual test runs) for the pool of three best performers. One commenter described control measures that Portland Cement NESHAP and waste-burning kilns will need to take to meet the 13.5 mg/dscm limit for existing waste-burning kilns that was discussed, noting that baghouse equipment will still need to be improved at many kilns to meet this limit. The commenter also pointed out that the performance of a baghouse on a kiln is comparable whether it is a Portland Cement NESHAP kiln or a CISWI kiln. The commenter went on to use this discussion and data from the Portland Cement NESHAP analyses to support the 13.5 mg/dscm limit (which equates to 0.075 lb/ton clinker on a production basis, as compared to the existing kiln PM limit of 0.07 lb/ton clinker in the Portland Cement NESHAP) and to demonstrate that the current beyond-the-floor analysis done for the 2013 CISWI final rule is still applicable despite the new PM emission limit. Response: We agree that the data set for PM for existing waste-burning kilns is sufficiently large to support using stack test averages, as some commenters have supported. For new sources, the EPA realizes that there is a smaller number of data points available when test averages are considered since only the data from the best-performing source are included in the calculation.4 However, as the EPA has intended within each of the CISWI subcategories, a consistent approach to the emission limit calculation is used for existing and new sources within a subcategory (e.g., upper limit for small remote, UPL for waste-burning kilns). That is, in the case of PM for waste-burning kilns, the UPL using test averages is being used to calculate both existing and new source emission limits. We also note that, for this particular data set, there are distinct advantages to using this approach. One advantage is that there is a significant amount of test data for the best-performing source. These runs reflect various fuel and waste material firing conditions for the best-performing unit. By splitting the data for the best-performing source into sets of three according to the operational condition (waste or non-waste), each of 4 Although this data set is smaller than that for existing sources, the EPA does not consider the new source data set to be a small or limited data set. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 40963 the resulting averages is more representative of the fuel, waste, and operational variability demonstrated by the other 3-run test averages found in the data set for this source and for the other existing source best performers. In other words, the time periods—and variability in process inputs and operations these periods represent—are approximately equal for each data point in the average data set for existing and new sources. This approach also has the added benefit of a slightly larger time period of operations being represented by the data, since there is one additional average that can be included in the data pool (i.e., no test run data are available, but the average is). We also reviewed the information submitted by the commenters on the costs and emission improvement requirements existing kilns will need to undertake to meet the revised emission limits, as well as our own assessment of control improvements needed, and agree with the assessment that beyondthe-floor emission standards for wasteburning kiln PM limits are unwarranted. In our analysis, the same kilns that would need improvements for the 2013 PM limits still need to add these improvements to meet the 13.5 mg/ dscm standards (as well as the CISWI limits for Cd and Pb, which are not being revised but are also controlled by PM control devices). The technology most likely being used to meet the standards would be fabric filters (baghouses), which is a physical control technology. Information supplied by the industry indicate that many cement kilns will require highly efficient fabric filters to meet the 13.5 mg/dscm standards. Fabric filters do not have a variable component, such as sorbent injection rates, that can be varied easily once the system is designed and the filter media specified. Therefore, unlike other control technologies, the PM removal efficiency of fabric filters does not depend on other factors in the process and control device’s performance will essentially be the same regardless of other process inputs. Therefore, the EPA is finalizing the 13.5 mg/dscm and 4.9 mg/dscm emission limits discussed at proposal for existing and new waste-burning kilns, respectively, based on the analysis of emission test average data. The calculated PM emission limits using the test averages are presented in Table 1 of this preamble for comparison. The calculations used to support the 2015 emission limit values, analyses of impacts and discussion of beyond-thefloor considerations are available in the ‘‘Revised Emission Limits and Impacts Analyses for Waste-burning Kilns and E:\FR\FM\23JNR2.SGM 23JNR2 40964 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations Coal ERUs’’ memorandum in the docket to this rulemaking. TABLE 1—WASTE-BURNING KILN PM EMISSION LIMITS FROM MARCH 2011 FINAL RULE THROUGH 2015 FINAL RECONSIDERATION March 2011 final rule Source type (units) New Sources (mg/dscm)1 ................................................................................ Existing Sources (mg/dscm)1 .......................................................................... December 2011 proposed rule 2.5 6.2 8.9 9.2 February 2013 final rule 2015 Final rule test average-based limits 2 2.2 4.6 4.9 13.5 1 Corrected 2 These to 7 percent oxygen (O2). final limits are the same as those discussed in the January 21, 2015 proposal. asabaliauskas on DSK3SPTVN1PROD with RULES Comment: One commenter disagreed with the proposed approach of using stack test average data, arguing that because the EPA’s standards are already set at the floor, and the floor is the minimum stringency permitted by the CAA, the EPA’s proposed change is unlawful at Chevron step one.5 The commenter further argued that the EPA does not give any statutory reasons for its proposed change, and therefore its proposal is unreasonable at Chevron step two. NRDC v. EPA, No. 12–1321, slip op. at 23 (D.C. Cir. Dec. 23, 2014) (‘‘EPA must ‘ground its reasons for action or inaction in the statute.’ ’’) (quoting Util. Air Regulatory Grp. v. EPA, 134 S. Ct. 2427, 2441 (2014)). The commenter contended that the only reason the EPA gives in support of this change is that the data set for kilns is relatively large and so switching to test averages instead of individual test runs ‘‘is expected to make very little difference.’’ The commenter concluded that the EPA’s proposed change illustrates that the UPL approach is unlawful and arbitrary because it does not yield reasonable estimates of the ‘‘average emission limitation achieved’’ by the best performing units. An industry commenter asserted that the stack test averages yield reasonable estimates of the average emission limitation achieved by the best performing units, and referred to their original comment submittal to the proposed rule as support. The commenter then repeated that the EPA should use stack test averages in the UPL calculation whenever there are sufficient data to support their use. The 5 Chevron commenter concluded that the use of test runs can be justified only when the limited availability of emissions data demands the use of test runs; this is not the case in the CISWI PM limit for kilns. Response: As discussed earlier, the EPA incorporated considerable new data and moved kilns from the NESHAP to CISWI between the proposed and final CISWI reconsideration concluded in 2013. The inclusion of additional sources and data lead to more stringent standards and the public was not provided an opportunity to comment on those limits and the manner of their calclulation. For this reason, parties petitioned EPA to reconsider those limits consistent with CAA section 307(d)(7)(B), and the EPA granted reconsideration consistent with the statute to provide the public an opportunity to comment. The EPA maintains that its actions in response to the changed circumstances (i.e., new data and sources) and the petitions for reconsideration are consistent with the statute and, for this reason, we reject the commenter’s argument that EPA has somehow violated the standard setting provisions of section 112. Further, we have determined that the data set for existing waste-burning kilns for PM is sufficient to address longerterm performance and variability among the best-performing sources and justifies the use of test average data. While the data set for new waste-burning kilns is smaller in count than that of the existing sources, it is not considered a small data set, and the EPA has concerns about not treating variability consistently between existing and new source emission limits within the same subcategory. With respect to the commenter’s arguments about the UPL calculation methodology, the EPA did not open the UPL calculation methodology for reconsideration, so we are not responding to the commenter’s arguments on this issue. C. FVF for Coal-Burning Energy Recovery Units Background: In the January 21, 2015, proposal, the EPA requested comments and supporting data regarding the need to establish an FVF for the ERU solids (coal) subcategory. In particular, the EPA requested comments on using stack test data from coal-only periods of operation in our emission limit calculations, and whether the EPA should re-evaluate the NOX emission limit by using the additional CEMS data provided for the best-performing unit. The preamble to the 2013 final CISWI rule (78 FR 9112, February 7, 2013) explained the methodology used to establish the final emission limits, which relied almost exclusively on direct emissions measurements. A petitioner requested that EPA reconsider the decision not to incorporate fuel variability into the emission limit calculations for coal-fired ERUs based on new information. Table 2 of this preamble presents a comparison of the 2013 final rule emission limits for existing coal ERUs and the emission limits calculated using all data available (i.e., waste and coalonly modes of operation), FVF calculation techniques, and the additional CEMS data provided by the petitioner. U.S.A. v. NRDC, 467 U.S. 837 (1984). VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40965 TABLE 2—EXISTING COAL ERU EMISSION LIMITS FROM FEBRUARY 2013 FINAL RULE AND BASED ON FVF PLUS ADDITIONAL CEMS DATA February 2013 final rule emission limit 1 Pollutant (units) Final emission limits using additional data and FVF 1 0.0095 13 0.016 0.14 160 340 650 2 0.0017 Cadmium (Cd) (mg/dscm) ........................................................................................................................... Hydrogen Chloride (HCl) (ppmv) ................................................................................................................. Mercury (Hg) (mg/dscm) .............................................................................................................................. Lead (Pb) (mg/dscm) ................................................................................................................................... Particulate Matter (PM filterable) (mg/dscm) ............................................................................................... Nitrogen Oxides (NOX) (ppmv) .................................................................................................................... Sulfur Dioxide (SO2) (ppmv) ........................................................................................................................ 3 58 2 0.013 3 0.057 2 130 2 460 850 1 All asabaliauskas on DSK3SPTVN1PROD with RULES emission limits are expressed as concentrations corrected to 7 percent O2. 2 Unable to calculate FVF, final emission limit reflects use of additional data for coal-only mode of operation. 3 Based on maximum ratio in data set to calculate FVF for final emission limit. If average ratios were used instead, HCl emission limit would be 19 (parts per million by volume) ppmv and Pb would be 0.047 mg/dscm. Comment: Several commenters supported the revision of these emission limits, claiming that the EPA should account for all sources of emissions variability. Commenters argued that adjustments for fuel variability should be based on worst case conditions so that the floors represent the emission limitations that the best performers can achieve under the worst foreseeable circumstances. They maintained that emissions test data only reflect the pollutant content of a unit’s inputs at the time of emissions testing, noting that fuel and solid waste composition vary over time. As an example, commenters referenced HCl data submitted for the top performer, noting that if the HCl limit for existing units remains at 13 ppmv (from the 2013 final CISWI rule), the best performing unit would fail to meet the limit consistently. The commenters further expressed their support for basing the FVF on the maximum ratio of non-paired fuel data with paired fuel data (yielding a limit of 58 ppmv) as opposed to the average ratio (yielding a limit of 19 ppmv), because the HCl data showed the average-based limit was also exceeded several times over an 8-year period. In order to make the HCl limit achievable in practice, the commenters concluded that the EPA must set the final HCl limit to 58 ppmv. One commenter pointed out that the consideration of fuel variability is of particular importance because a CISWI unit remains a CISWI unit until it ceases to burn waste for at least 6 months. The commenter explained that estimating emission levels achieved when a unit was burning waste and coal does not reflect the level achieved when combusting only coal. Commenters also called attention to the boiler and process heater standards, which account for fuel supply variability, and contended that the EPA should do the same for CIWSI because ERUs would be VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 subject to the boiler standards if they did not combust waste in addition to fossil fuels. One commenter indicated that the EPA had not properly addressed fuel variability for the SO2 emission limit. According to the commenter, previously submitted data showed that the 2013 final limit of 650 ppmvd would not be high enough to allow the top performer to comply every day under all operating conditions. In developing the potential limits presented in the proposed reconsideration, the EPA did not develop a FVF for SO2 because only one fuel data point for sulfur was available to be paired with SO2 emissions data. The commenter explained that even though only one date from the fuel data matched up with the week of SO2 CEMS data, the lag time between the fuel sample date and actual combustion in the boiler is typically 4–9 days, so portions of both the August 14 and August 21, 2009, coal shipments would have been burned during the CEMS period from August 23 through August 30, 2009. Therefore, the commenter explained, sulfur data from these two shipments could be paired with the CEMS data, which would make it appropriate to develop a FVF for SO2, similar to what was done for HCl. Response: The EPA is finalizing the emission limits for Cd, HCl, Hg, Pb, PM, and NOX that incorporate a FVF and coal-only mode of operation data and were discussed in the January 21, 2015 proposal. See 80 FR at 3023. In addition, the EPA has determined that we have sufficient data to incorporate a FVF into the SO2 limit in the same manner as the standards for the other section 129 pollutants above. At proposal, the agency explained our rationale for considering emission limits that incorporate a FVF for fueldependent pollutants (i.e., HCl, Pb, Cd, Hg, and SO2) [See 80 FR at 3022] and presented the methodology [See Memo PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 titled ‘‘Potential Emission Limits Calculations Analyses for Wasteburning Kilns and Coal ERUs, December 12, 2014] we would use to do so. We also presented the available data. In addition, for Cd, HCl, Hg, Pb, PM and NOX, the EPA identified the emission limits that incorporate a FVF and were derived from that data and using the proposed methodology. The proposal did not identify a specific SO2 emission limit that incorporated a FVF because, as explained in the proposal, at that time, the EPA did not believe the data from the best performing units included the information necessary to calculate a FVF for SO2. See 80 FR at 3022; see also Memo titled ‘‘Potential Emission Limits Calculations Analyses for Wasteburning Kilns and Coal ERUs, December 12, 2014. The proposal, however, made clear that the rationale for deciding to incorporate a FVF into the emission limits for coal-fired ERUs applied to all fuel-dependent pollutants, including SO2, and the agency provided the methodology for incorporated a FVF. The comments received demonstrated that the available SO2 data from the best performing units—the data in the docket at the time of proposal—does in fact include the information required to establish a fuel variability factor. Specifically, the EPA confirms that the data set includes sufficient paired SO2 data to evaluate the need for a FVF. Thus, all information necessary to address whether a FVF should be incorporated into the SO2 standard, and to identify the specific SO2 emission limit incorporating a FVF was available in the docket at the time of proposal. Thus, in this final rule, the EPA has reevaluated the fuel sulfur data with paired SO2 data and is incorporating a FVF in the floor calculations for SO2 using the same methodology that was discussed in the proposal. The resulting SO2 limit for existing and new coal ERUs is 850 ppmvd. E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40966 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations Comment: One commenter did not support the incorporation of FVFs in determining emission limits, arguing that increasing the floors to account for variability would be unlawful and arbitrary because the UPL methodology used to develop the floors already accounts for emissions variability. According to the commenter, the floors should not be increased further because CAA section 129 directs that standards should be no less stringent than the average emissions achieved by the best performing units. In other words, the commenter explained, a standard must reflect a reasonable estimate of the actual performance of the best units. The commenter further noted that even if it were lawful to incorporate a FVF at all, the FVF should be based on the average ratio, as opposed to the maximum ratio, because the maximum ratio does not yield a reasonable estimate of the average emissions limitation achieved by the best performing sources, yielding floors less stringent than the statute permits. Response: The EPA disagrees with the argument that incorporating a FVF in these standards overaccounts for variability. Fuel data provided for the top performing units show that performance for coal-burning ERUs, based solely on the short-term stack test data available for these units, does not adequately reflect the sustained performance and different fuel inputs that are used by the best performing source upon which the standards were based. As stated in response to similar comments submitted on the Boiler NESHAP (See EPA–HQ–OAR–2002– 0058–3511, excerpt 15, page 111), and consistent with the DC Circuit Court ruling, the EPA is mindful that MACT floors need to reflect achieved performance of the best-performing units, that HAP (or pollutant, for CAA section 129 rules such as CISWI) content of process inputs (raw materials and fuels) should be accounted for in ascertaining the sources’ performance as necessary, and that the EPA cannot consider costs in ascertaining the level of the MACT floor. See, e.g., Brick MACT, 479 F. 3d at 880–81, 882–83; NRDC v. EPA, 489 F. 3d 1364, 1376 (D.C. Cir. 2007) (‘‘Plywood MACT’’); see also Cement Kiln Recycling Coalition v. EPA, 255 F. 3d 855, 861–62 (D.C. Cir. 2001) (‘‘achievability’’ requirement of CAA section 112 (d)(2) cannot override the requirement that floors be calculated on the basis of what best performers actually achieved). The EPA is also mindful of the need to account for sources’ variability (both due to control device performance and variability in inputs) in assessing sources’ VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 performance when developing technology-based standards. See, e.g., Mossville Environmental Action Now v. EPA, 370 F. 3d 1232, 1242 (D.C. Cir. 2004); National Lime I, 627 F. 2d 416, 433–34 (D.C. Cir. 1980). In most cases, the UPL sufficiently accounts for both control device performance and input variability. However, in this case, a review of the data for the bestperforming coal-burning ERUs indicated that short-term stack test data alone did not fully account for longer term emissions performance in this case. While fuels combusted within a short term 3-hour test would be expected to be fairly consistent in their contaminant levels, multi-year fuel input data for the best-performing unit show that Hg, Cl, Pb, and sulfur levels can vary significantly between the times the best performing unit is combusting a combination of waste and traditional fuel and the times it is combusting traditional fuels alone, and that there is variability in the pollutant content of the traditional fuel alone as well. In light of this, the EPA believes it is reasonable to incorporate a FVF for this subcategory of CISWI units to better reflect the performance of the best performing coal-burning ERUs. Regarding the commenter’s assertions that the average ratio should be used instead of the maximum ratio in calculating the FVF, we note that, unlike situations present in the Boiler NESHAP, the best-performing units in the coal ERU subcategory (all located at the same facility) are not burning a variety of fuels. These CISWI ERU units burn coal, and periodically an industrial waste generated at the facility. Therefore, there is one fuel and one waste that is input that will influence emissions. This is not the case for the boiler best-performers in the Boiler NESHAP solid fuel subcategory, as these consisted of a ‘‘mix of biomass, coal and other solid fossil fuel’’ data (See EPA– HQ–OAR–2002–0058–3836, August 2012). In the boiler rulemaking, the EPA was concerned that this heterogeneous mix of best performer fuel inputs and the use of the maximum ratio would overestimate fuel variability. However, for the CISWI coal ERUs, we are dealing with a single fuel type (coal), and the same concern does not apply. Since CISWI applicability extends for a period beyond the waste-combustion periods, variability in this one fuel influences emissions for a significant portion of the best-performers’ operations. Therefore, we have determined that the maximum ratio is appropriate in this case to fully account for the best-performer’s variability in fuel inputs. PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 The FVF accounts for fuel variability between sources using long-term fuel measurement data that represent inherent natural variations in fuel usage at the best performing unit over time. The FVF is used in conjunction with the 99 percent UPL to characterize longterm variability due to technological controls and fuel characteristics. The results are MACT floors that reasonably estimate the performance over time of the best performing sources (there are three identical units at one facility that are best performers for this subcategory of unit, with only one additional unit that may be in this subcategory). These calculations are described in more detail in the ‘‘Revised Emission Limits and Impacts Analyses for Waste-burning Kilns and Coal ERUs’’ memorandum found in the docket to this rulemaking. For these reasons, the EPA is adopting the revised emission limits for coal ERUs discussed in the January 21, 2015, proposal, and the agency is also incorporating a FVF into the SO2 limit as discussed above. D. Definition of ‘‘Kiln’’ Background: In the January 21, 2015, notice, the EPA requested comment on its proposal to revise the definition of ‘‘kiln’’ and proposal to add definitions of ‘‘in-line raw mill’’ and ‘‘in-line coal mill’’ to further clarify the boundaries of the waste-burning kiln. Because the inline raw mill and in-line coal mill are part of the kiln, the kiln emission limits also apply to the exhaust of the in-line raw mill and in-line coal mill. For more background on this issue, the EPA discussed at length in the preamble to the proposed Portland Cement NESHAP a potential regulatory regime to cover situations where a portion of the kiln exhaust is ducted to the coal mill. See 77 FR 42383–85; see also the regulatory text at 77 FR 42398, 42402–06, 42408– 09. For waste-burning kilns, the EPA proposed language in the definition of ‘‘kiln’’ to make it consistent with that of the Portland Cement NESHAP. The terms ‘‘in-line raw mill’’ and ‘‘in-line coal mill’’ were proposed to be included in the definition, and, therefore, were proposed to be added to the definitions within the CISWI rule. In addition to the proposed definitional amendments in the January 21, 2015, notice, the EPA proposed a compliance demonstration and ongoing monitoring method for waste-burning kilns that combine emission streams from the in-line raw mill and in-line coal mill and exhaust through multiple stacks. The EPA is finalizing the proposed approach with some minor revisions to address comments as E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations discussed below. The final rule will allow sources to measure pollutant concentrations and flows from each of the stacks (i.e., kiln, alkali bypass, and in-line coal mill, as applicable) and calculate a flow-weighted average kiln stack concentration that must be met in order to be in compliance with the CISWI waste-burning kiln emission limits. These provisions are modeled upon similar provisions and equations found in the Portland Cement NESHAP, and should streamline compliance demonstrations for waste-burning kilns that combine streams prior to discharge to the atmosphere through one or more stacks. The proposed calculation method and measurement location options are found in 40 CFR 60.2145 and 40 CFR 60.2710. The EPA requested comment on the definitional and calculation method changes for demonstrating compliance for wasteburning kilns that combine streams prior to discharge to the atmosphere through one or more stacks. Comment: Although there were no specific comments on the revised definition of ‘‘kiln’’ or on the addition of the definitions of ‘‘in-line raw mill’’ and ‘‘in-line coal mill,’’ one commenter expressed the need to change monitoring and compliance requirements for alkali bypass and/or in-line coal mill to be consistent with the Portland Cement NESHAP. The commenter contended the use of CEMS and the PM CPMS for either an alkali bypass or an in-line coal mill is unnecessary, as they represent a relatively minor part of the overall kiln emissions and their emissions will vary directionally with the main kiln stack concentrations. Therefore, the commenter suggested that monitoring the main kiln stack alone can provide an indication of overall emissions and compliance. The commenter stated that the appropriate monitoring and compliance requirements have already been addressed in the Portland Cement NESHAP rule and requested that the EPA adopt a similar approach for the CISWI standards. The commenter also suggested that the EPA clarify the level of testing and monitoring that applies to either an alkali by-pass or an in-line coal mill. Response: To provide additional consistency between CISWI and the Portland Cement NESHAP, the EPA is adding clarifying language in the final rule that makes the monitoring requirements for waste-burning kilns consistent with those in the Portland Cement NESHAP. Specifically, we are not requiring that CEMS or PM CPMS need to be installed on separate alkali bypass or in-line coal mill stacks. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 Instead, as is the case with the Portland Cement NESHAP, the results of the initial and subsequent performance test for the alkali bypass and in-line coal mill stacks can be used to determine the combined emissions to demonstrate compliance with the relevant emissions limit. However, unlike the Portland Cement NESHAP, the performance test must be conducted on an annual basis (between 11 and 13 calendar months following the previous performance test) to keep the testing schedule for these stacks consistent with the CISWI rule’s annual performance testing requirements. V. Technical Corrections and Clarifications In the January 21, 2015, notice, the EPA proposed to correct minor typographical errors and clarify provisions of the final rule that may have been unclear. The EPA is finalizing these corrections, which are summarized in this section of the preamble. There were some comments received on these clarifications. These comments, and responses to them, are found in the ‘‘2013 CISWI Rule Reconsideration Response to Comments.’’ A. 2000 CISWI New Source Applicability Clarification for Incinerators and Air Curtain Incinerators Following promulgation of the February 2013 CISWI final rule, the EPA received questions regarding the continued applicability of the 2000 CISWI NSPS for units that are subject to the 2000 CISWI NSPS as they are transitioned from the 2000 NSPS to the February 2013 EG with which they will eventually be required to comply. The 2000 CISWI NSPS are the same as the 2000 CISWI EG and limited in applicability to the incinerator subcategory and air curtain incinerators so only these types of CISWI units being regulated in the February 2013 CISWI final rules are affected by this applicability issue. The EPA intended, consistent with the statute and our stated intent (see 76 FR 15711, March 21, 2011), to continue to regulate these units as ‘‘new’’ sources under the 2000 NSPS, and then regulate them as ‘‘existing’’ sources under the 2013 EG once these units were covered under an approved state plan or federal plan that implements the February 2013 CISWI final EG. The language in the February 7, 2013, NSPS at 40 CFR 60.2105 and the title of Table 1 to 40 CFR part 60, subpart CCCC make the EPA’s intent to do so evident. However, the applicability section in 40 CFR 60.2015 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 40967 omitted the applicability provisions for incinerators and air curtain incinerators that are subject to the 2000 CISWI NSPS. In this final rule, the EPA is finalizing proposed additional language in 40 CFR 60.2015(a) and 40 CFR 60.2105(b) that clarifies that these incinerators and air curtain incinerators remain ‘‘new’’ units regulated under the 2000 NSPS until such time that an approved state plan or federal plan implements the February 2013 EG for those units, at which time such units will be subject to the 2013 EG to the extent those limits are more stringent than the 2000 CISWI NSPS limits, which will continue to apply if they are more stringent. B. Typographical Errors and Corrections The following items are typographical errors in the final rule that we are correcting in this final action: • References in 40 CFR 60.2020(e), 60.2020(f), 60.2555(e), and 60.2555(f) were changed from ‘‘. . . paragraphs (e)(1) through (3) . . .’’ to ‘‘. . . paragraphs (e)(1) through (4) . . .’’. • Restructured 40 CFR 60.2060 to add paragraph (b) that clarifies waste management plan submittal timeline for CISWI units that commence reconstruction or modification after August 7, 2013. • References in 40 CFR 60.2020(i) and 60.2245 were revised to include 40 CFR 60.2242 in addition to 40 CFR 60.2245 through 60.2260 (i.e., clarifies that air curtain incinerators burning wood waste, clean lumber, and/or yard waste must obtain title V permits). • References in 40 CFR 60.2555(i) and 60.2810 were revised to include 40 CFR 60.2805 in addition to 40 CFR 60.2810 through 60.2870 (i.e., clarifies that air curtain incinerators burning wood waste, clean lumber, and/or yard waste must obtain title V permits). • References in 40 CFR 60.2110(i)(2)(i)(D) and 40 CFR 60.2675(i)(2)(i)(D) were changed from ‘‘. . . paragraphs (i)(2)(i) through (iv) . . .’’ to ‘‘. . . paragraphs (i)(2)(i)(A) through (i)(2)(i)(C) . . .’’. • Two references in the definitions of terms for Equation 3 in 40 CFR 60.2110(i)(2)(iv) were revised. For the ‘z’ term, ‘‘(2)(a)’’ was corrected to ‘‘(2)(i)’’, and for the ‘R’ term, ‘‘Equation 3’’ was corrected to ‘‘Equation 2’’. • Two references in the definitions of terms for Equation 3 in 40 CFR 60.2675(i)(2)(iv) were revised. For the ‘z’ term, ‘‘(2)(a)’’ was corrected to ‘‘(2)(i)’’, and for the ‘R’ term, ‘‘Equation 3’’ was corrected to ‘‘Equation 2’’. • The language in 40 CFR 60.2140(c) and 60.2705(c) were revised to include the phrase ‘‘commence or recommence E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40968 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations combusting’’ to be parallel to the same terminology in 40 CFR 60.2140(b) and 60.2705(b), respectively. • Extra spaces were removed from 40 CFR 60.2145(v) and 60.2710(v). • The reference in 40 CFR 60.2145(w)(1) was changed from ‘‘§ 60.2675’’ to ‘‘§ 60.2140’’. • The references in 40 CFR 60.2145(x)(1) were changed from ‘‘. . . § 60.2145(l) and (x)(1)(i) through (iii) . . .’’ to ‘‘. . . paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .’’ • The references in 40 CFR 60.2710(x)(1) were changed from ‘‘. . .§ 60.2710(l) and (x)(1)(i) through (iii). . .’’ to ‘‘. . . paragraphs (l) and (x)(1)(i) through (x)(1)(iii). . .’’ • Language in 40 CFR 60.2145(x)(1)(iii), 60.2165(r)(1)(iii), 60.2710(x)(1)(iii) and 60.2730(r)(1)(iii) was revised to clarify the PM continuous parameter monitoring system (CPMS) detection limit. The phrase ‘‘of no greater than’’ was changed to ‘‘increments no greater than’’. • Provisions for PM CPMS in both subparts were revised to also clarify the output signals from digital monitoring devices and remove ‘‘lb/Mmbtu’’ typographical errors. • The reference in 40 CFR 60.2165(q)(1) was changed from ‘‘§ 60.2675’’ to ‘‘§ 60.2140’’. • Text in 40 CFR 60.2165(q)(3) was corrected from ‘‘. . .paragraph (q)(4) or this section . . .’’ to ‘‘. . . paragraph (q)(4) of this section . . .’’. • The title of 40 CFR part 60, subpart CCCC Table 1 was revised to clarify that these emission limits apply to incinerators that were subject to the 2000 CISWI rule provisions. • The dates in paragraphs (a)(1) and (2) of 40 CFR 60.2535 from the 2000 CISWI rule were omitted in the current CFR version of the rule, and have been reinserted. • Added text in 40 CFR 60.2525(b) and 60.2535(b) to clarify applicability for incinerators and air curtain incinerators that were reconstructed or modified on or after June 1, 2001, but no later than August 7, 2013. • Revised the language of 40 CFR 60.2550(b) to reflect the August 7, 2013 date for purposes of applicability with 40 CFR part 60, subpart CCCC. • The text ‘‘over 10 MMBtu/hr but less than 250 MMBtu/hr annual average heat input rates’’ was added to 40 CFR 60.2730(m) for clarification and consistency. • The definition of chemical recovery unit in 40 CFR 60.2265 was revised to be consistent with the definition provided in 40 CFR 60.2875. The following text was added: ‘‘A chemical recovery unit is not an incinerator, a VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart.’’ • Clarifying language was added to the HCl row of 40 CFR part 60, subpart DDDD Table 8. Compliance method text was changed from ‘‘. . . if a wet scrubber is not used’’ to ‘‘. . . if a wet scrubber or dry scrubber is not used.’’ • Text in 40 CFR 60.2165(o) was corrected from ‘‘. . . you must use a continuous automated sampling system . . .’’ to ‘‘. . . you may substitute use of a continuous automated sampling system for the carbon monoxide annual performance test.’’ • Revise the definition of ‘‘Oxygen trim system’’ to include draft controller and to clarify that it is a system that maintains the desired excess air level over the operating load range. • Revise the definition of ‘‘Reconstruction’’ in both subparts to reflect the correct criterion that reconstruction begins on or after August 7, 2013. • Renumbered equations in 40 CFR part 60, subpart DDDD to be in sequence within the subpart instead of being a continuation with 40 CFR part 60, subpart CCCC. • Revised paragraphs 40 CFR 60.2030(c), 60.2210(h), 60.2220(d), 60.2235, 60.2770(h), 60.2780(d) and 60.2795 to reflect the most recent electronic reporting guidance available and to further clarify reporting requirements. • Revised paragraphs 40 CFR 60.2145(j)(1) and 60.2710(j)(1) to reflect the most recent guidance available for HCl CEMS installed and certified in accordance to Performance Specification 15 or Performance Specification 18. • Table footnotes were converted from alphabetical to numeric format. • Deleted inadvertent footnote references to the following: Dioxin/ furan TEQ and TMB rows of 40 CFR part 60, subpart CCCC Table 8; Dioxin/ furan TMB row and Pb row of 40 CFR part 60, subpart DDDD Table 7; Dioxin/ furan row of 40 CFR part 60, subpart DDDD Table 8; and dioxin/furan row of 40 CFR part 60, subpart DDDD Table 9. C. Clarifications Since publication of the February 7, 2013, final CISWI rule, the EPA has received stakeholder questions and requests for clarification on certain rule provisions. We are not finalizing any regulatory language changes for the following items, but are providing some clarification to these questions. Furthermore, comments received on these clarifications and responses to these comments are found in the PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 ‘‘Response to Comments on the 2015 CISWI Reconsideration’’ document found in the docket: • Mass balance as operating limits for units without certain control devices— A stakeholder has asked for clarification on whether a mass balance could be used as an operating parameter, and whether this must be measured as a 30day rolling average instead of taking a monthly sample. Furthermore, the stakeholder also asked whether the material balance allows them to waive annual stack testing. The EPA clarifies that mass balance operating parameters do not replace annual stack testing. Stack testing and operating parameters work in tandem to ensure ongoing compliance with the standards. We do, however, accept that mass balance could be an allowable operating parameter in cases where no control device is needed to meet the pollutant’s specific emission limit applicable to the unit, provided the petition for the operating parameter limits meets the requirements specified in 40 CFR 60.2115 and 40 CFR 60.2680. We also point out that these requirements also allow any source to request a different averaging time that is appropriate for the source and operating parameter. • Clarification on who the ‘‘EPA Administrator’’ is and whom to contact for requests for averaging times, qualifying facility notifications, etc. We have received questions on how to contact the Administrator to submit notifications, reports and requests. The contact information is given in the General Provisions, under 40 CFR 60.4, and has addresses listed by EPA Regional Offices. VI. Environmental, Energy and Economic Impacts This action finalizes the proposed provisions and makes technical and clarifying corrections, but does not cause substantive changes to the impacts on the environment, energy generation and usage, and economic factors for affected sources from the February 7, 2013, final CISWI rule (78 FR 9112). The number of sources requiring improved emission control performance is the same as estimated in the final 2013 rule. While the emission limits have been relaxed slightly for PM in the waste-burning kilns, the assumed controls required to meet the final standards are still the same as those estimated for the final 2013 rule. That is, waste-burning kilns that would require additional controls to meet the final 2013 rule’s PM and metals emission limits will still require those control improvements to meet the limits being finalized in this action. The main E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations information collection activities contained in the existing regulations (40 CFR part 60, subpart CCCC and 40 CFR part 60, subpart DDDD) and has assigned OMB control number 2060– 0664 for subpart CCCC and OMB control number 2060–0662 for subpart DDDD. This action is believed to result in no changes to the information collection requirements of the February 2013 final CISWI rule, so that the information collection estimate of project cost and hour burden from the final CISWI rule have not been revised. VII. Statutory and Executive Order Reviews Additional information about these statues and Executive Orders can be found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. asabaliauskas on DSK3SPTVN1PROD with RULES difference is an increased margin of compliance for these units, as well as a PM limit that is very consistent with the non-waste burning (Portland Cement NESHAP) PM emission limits, thereby streamlining compliance. For the coalfired ERU subcategory, certain emission limits are relaxed while others have been made more stringent. The net result in emissions reductions are negligible, however, and there are no changes in the control cost estimates for units in this subcategory. As with the waste-burning kilns, the main difference for the coal ERUs is that there is a somewhat greater margin of compliance available in the standards being finalized, and thus, ensuring that the best performing units may be able to demonstrate sustained compliance with the MACT standards in multiple modes of operation (waste and non-waste modes). Taken together, the revised emission limits being finalized in this action could result in allowable emission estimates, primarily in PM, that are greater than those assumed for the 2013 final rule by about 297 tpy. In other words, there could potentially be 297 fewer tpy of PM emission reductions as a result of this final rule when compared to the 2013 final rule’s estimated emission reductions. We have estimated these emission impacts in the memorandum ‘‘Revised Emission Limits and Impacts Analyses for Waste-burning Kilns and Coal ERUs’’ available in the docket. We have not revised the regulatory impacts assessment prepared for the 2013 final rule since the expected emissions control costs are unchanged and the change in estimated emission reductions are relatively minor when compared to the 34,771 tpy overall emission reductions estimated for the February 7, 2013, final rule (See 78 FR 9132). 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 affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. OMB has previously approved the VerDate Sep<11>2014 18:31 Jun 22, 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. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden, or otherwise has a positive economic effect on the small entities subject to the rule. This final rule will not impose any new requirements on any entities because it does not impose any additional regulatory requirements relative to those specified in the February 2013 final CISWI rule. The February 2013 final CISWI rule was certified as not having a significant economic impact on a substantial number of small entities. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) 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. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 40969 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 CISWI in Indian country or owned or operated by Indian tribal governments. The CISWI aspects of this rule may, however, invoke minor indirect tribal implications to the extent that entities generating solid wastes on tribal lands could be affected. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 This action does not involve technical standards. This action is not finalizing any new incorporation by reference material, so therefore this action is not making any amendments to the incorporations by reference found in 40 CFR 60.17. The incorporation by reference of this document was already approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 for § 60.14, effective February 7, 2013. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). E:\FR\FM\23JNR2.SGM 23JNR2 40970 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations. It does not affect the level of protection provided to human health or the environment. The final CISWI rule will reduce emissions of all the listed toxics emitted from this source, thereby helping to further ensure against any disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to House of 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 60 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Incorporation by reference. Dated: May 5, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency is amending title 40, chapter I, of the Code of Federal Regulations as follows: 1. The authority citation for part 60 continues to read as follows: ■ 2. Part 60 is amended by revising subpart CCCC to read as follows: ■ Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units asabaliauskas on DSK3SPTVN1PROD with RULES Sec. Introduction 60.2000 What does this subpart do? 60.2005 When does this subpart become effective? Applicability 60.2010 Does this subpart apply to my incineration unit? 60.2015 What is a new incineration unit? Jkt 238001 Waste Management Plan 60.2055 What is a waste management plan? 60.2060 When must I submit my waste management plan? 60.2065 What should I include in my waste management plan? Operator Training and Qualification 60.2070 What are the operator training and qualification requirements? 60.2075 When must the operator training course be completed? 60.2080 How do I obtain my operator qualification? 60.2085 How do I maintain my operator qualification? 60.2090 How do I renew my lapsed operator qualification? 60.2095 What site-specific documentation is required? 60.2100 What if all the qualified operators are temporarily not accessible? Emission Limitations and Operating Limits 60.2105 What emission limitations must I meet and by when? 60.2110 What operating limits must I meet and by when? 60.2115 What if I do not use a wet scrubber, fabric filter, activated carbon injection, selective noncatalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations? Initial Compliance Requirements 60.2135 How do I demonstrate initial compliance with the emission limitations and establish the operating limits? 60.2140 By what date must I conduct the initial performance test? 60.2141 By what date must I conduct the initial air pollution control device inspection? Authority: 42 U.S.C. 7401, et seq. 18:31 Jun 22, 2016 Preconstruction Siting Analysis 60.2045 Who must prepare a siting analysis? 60.2050 What is a siting analysis? Performance Testing 60.2125 How do I conduct the initial and annual performance test? 60.2130 How are the performance test data used? PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES VerDate Sep<11>2014 60.2020 What combustion units are exempt from this subpart? 60.2030 Who implements and enforces this subpart? 60.2035 How are these new source performance standards structured? 60.2040 Do all eleven components of these new source performance standards apply at the same time? 60.2160 May I conduct a repeat performance test to establish new operating limits? Monitoring 60.2165 What monitoring equipment must I install and what parameters must I monitor? 60.2170 Is there a minimum amount of monitoring data I must obtain? Recordkeeping and Reporting 60.2175 What records must I keep? 60.2180 Where and in what format must I keep my records? 60.2185 What reports must I submit? 60.2190 What must I submit prior to commencing construction? 60.2195 What information must I submit prior to initial startup? 60.2200 What information must I submit following my initial performance test? 60.2205 When must I submit my annual report? 60.2210 What information must I include in my annual report? 60.2215 What else must I report if I have a deviation from the operating limits or the emission limitations? 60.2220 What must I include in the deviation report? 60.2225 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? 60.2230 Are there any other notifications or reports that I must submit? 60.2235 In what form can I submit my reports? 60.2240 Can reporting dates be changed? Title V Operating Permits 60.2242 Am I required to apply for and obtain a Title V operating permit for my unit? Air Curtain Incinerators 60.2245 What is an air curtain incinerator? 60.2250 What are the emission limitations for air curtain incinerators? 60.2255 How must I monitor opacity for air curtain incinerators? 60.2260 What are the recordkeeping and reporting requirements for air curtain incinerators? Definitions 60.2265 What definitions must I know? Continuous Compliance Requirements 60.2145 How do I demonstrate continuous compliance with the emission limitations and the operating limits? 60.2150 By what date must I conduct the annual performance test? 60.2151 By what date must I conduct the annual air pollution control device inspection? 60.2155 May I conduct performance testing less often? PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations Tables to Subpart CCCC Table 1 to Subpart CCCC of Part 60— Emission Limitations for Incinerators for Which Construction Is Commenced After November 30, 1999, But No Later Than June 4, 2010, or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001, But No Later Than August 7, 2013 Table 2 to Subpart CCCC of Part 60— Operating Limits for Wet Scrubbers § 60.2015 Table 3 to Subpart CCCC of Part 60—Toxic Equivalency Factors Table 4 to Subpart CCCC of Part 60— Summary of Reporting Requirements Table 5 to Subpart CCCC of Part 60— Emission Limitations for Incinerators That Commenced Construction After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013 Table 6 to Subpart CCCC of Part 60— Emission Limitations for Energy Recovery Units That Commenced Construction After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013 Table 7 to Subpart CCCC of Part 60— Emission Limitations for Waste-burning Kilns That Commenced Construction After June 4, 2010, or Reconstruction or Modification After August 7, 2013 Table 8 to Subpart CCCC of Part 60— Emission Limitations for Small, Remote Incinerators That Commenced Construction After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013 Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Introduction § 60.2000 What does this subpart do? This subpart establishes new source performance standards for commercial and industrial solid waste incineration (CISWI) units. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2005 When does this subpart become effective? This subpart takes effect on August 7, 2013. Some of the requirements in this subpart apply to planning the CISWI unit (i.e., the preconstruction requirements in §§ 60.2045 and 60.2050). Other requirements such as the emission limitations and operating limits apply after the CISWI unit begins operation. Applicability § 60.2010 Does this subpart apply to my incineration unit? Yes, if your incineration unit meets all the requirements specified in VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 paragraphs (a) through (c) of this section: (a) Your incineration unit is a new incineration unit as defined in § 60.2015; (b) Your incineration unit is a CISWI unit as defined in § 60.2265; and (c) Your incineration unit is not exempt under § 60.2020. What is a new incineration unit? (a) A new incineration unit is an incineration unit that meets any of the criteria specified in paragraphs (a)(1) through (3) of this section: (1) A CISWI unit that commenced construction after June 4, 2010; (2) A CISWI unit that commenced reconstruction or modification after August 7, 2013; and (3) Incinerators and air curtain incinerators, as defined in this subpart, that commenced construction after November 30, 1999, but no later than June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001, but no later than August 7, 2013, are considered new incineration units and remain subject to the applicable requirements of this subpart until the units become subject to the requirements of an approved state plan or federal plan that implements subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). (b) This subpart does not affect your CISWI unit if you make physical or operational changes to your incineration unit primarily to comply with subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). Such changes do not qualify as reconstruction or modification under this subpart. § 60.2020 What combustion units are exempt from this subpart? This subpart exempts the types of units described in paragraphs (a), (c) through (i), and (n) of this section, but some units are required to provide notifications. Air curtain incinerators are exempt from the requirements in this subpart except for the provisions in §§ 60.2242, 60.2250, and 60.2260. (a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in § 60.2265 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section: PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 40971 (1) Notify the Administrator that the unit meets these criteria; and (2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/ or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. (b) [Reserved] (c) Municipal waste combustion units. Incineration units that are subject to subpart Ea of this part (Standards of Performance for Municipal Waste Combustors); subpart Eb of this part (Standards of Performance for Large Municipal Waste Combustors); subpart Cb of this part (Emission Guidelines and Compliance Time for Large Municipal Combustors); subpart AAAA of this part (Standards of Performance for Small Municipal Waste Combustion Units); or subpart BBBB of this part (Emission Guidelines for Small Municipal Waste Combustion Units). (d) Medical waste incineration units. Incineration units regulated under subpart Ec of this part (Standards of Performance for Hospital/Medical/ Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or subpart Ce of this part (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators). (e) Small power production facilities. Units that meet the three requirements specified in paragraphs (e)(1) through (4) of this section: (1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)); (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity; (3) You submit documentation to the Administrator notifying the EPA that the qualifying small power production facility is combusting homogenous waste; and (4) You maintain the records specified in § 60.2175(w). (f) Cogeneration facilities. Units that meet the three requirements specified in paragraphs (f)(1) through (4) of this section: (1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)); (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes; (3) You submit documentation to the Administrator notifying the Agency that E:\FR\FM\23JNR2.SGM 23JNR2 40972 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the qualifying cogeneration facility is combusting homogenous waste; and (4) You maintain the records specified in § 60.2175(x). (g) Hazardous waste combustion units. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act. (h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. (i) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in paragraphs (i)(1) through (3) of this section are only required to meet the requirements under § 60.2242 and under ‘‘Air Curtain Incinerators’’ (§§ 60.2245 through 60.2260): (1) 100 percent wood waste; (2) 100 percent clean lumber; and (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. (j)–(l) [Reserved] (m) Sewage treatment plants. Incineration units regulated under subpart O of this part (Standards of Performance for Sewage Treatment Plants). (n) Sewage sludge incineration units. Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to subpart LLLL of this part (Standards of Performance for New Sewage Sludge Incineration Units) or subpart MMMM of this part (Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units). (o) Other solid waste incineration units. Incineration units that are subject to subpart EEEE of this part (Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF of this part (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004). asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2030 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as your state, local, or tribal agency. If the EPA Administrator has delegated authority to your state, local, or tribal agency, then that agency (as well as EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 Office to find out if this subpart is delegated to your state, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the state, local, or tribal agency. (c) The authorities that will not be delegated to state, local, or tribal agencies are specified in paragraphs (c)(1) through (4) and (c)(6) through (11) of this section: (1) Approval of alternatives to the emission limitations in table 1 of this subpart and operating limits established under § 60.2110; (2) Approval of major alternatives to test methods; (3) Approval of major alternatives to monitoring; (4) Approval of major alternatives to recordkeeping and reporting; (5) [Reserved] (6) The requirements in § 60.2115; (7) The requirements in § 60.2100(b)(2); (8) Approval of alternative opacity emission limits in § 60.2105 under § 60.11(e)(6) through (8); (9) Performance test and data reduction waivers under § 60.2125(j), § 60.8(b)(4) and (5); (10) Determination of whether a qualifying small power production facility or cogeneration facility under § 60.2020(e) or (f) is combusting homogenous waste; and (11) Approval of an alternative to any electronic reporting to the EPA required by this subpart. § 60.2035 How are these new source performance standards structured? These new source performance standards contain the eleven major components listed in paragraphs (a) through (k) of this section: (a) Preconstruction siting analysis; (b) Waste management plan; (c) Operator training and qualification; (d) Emission limitations and operating limits; (e) Performance testing; (f) Initial compliance requirements; (g) Continuous compliance requirements; (h) Monitoring; (i) Recordkeeping and reporting; (j) Definitions; and (k) Tables. § 60.2040 Do all eleven components of these new source performance standards apply at the same time? No. You must meet the preconstruction siting analysis and PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 waste management plan requirements before you commence construction of the CISWI unit. The operator training and qualification, emission limitations, operating limits, performance testing and compliance, monitoring, and most recordkeeping and reporting requirements are met after the CISWI unit begins operation. Preconstruction Siting Analysis § 60.2045 Who must prepare a siting analysis? (a) You must prepare a siting analysis if you plan to commence construction of an incinerator after December 1, 2000. (b) You must prepare a siting analysis for CISWI units that commenced construction after June 4, 2010, or that commenced reconstruction or modification after August 7, 2013. (c) You must prepare a siting analysis if you are required to submit an initial application for a construction permit under 40 CFR part 51, subpart I, or 40 CFR part 52, as applicable, for the reconstruction or modification of your CISWI unit. § 60.2050 What is a siting analysis? (a) The siting analysis must consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to public health or the environment. In considering such alternatives, the analysis may consider costs, energy impacts, nonair environmental impacts, or any other factors related to the practicability of the alternatives. (b) Analyses of your CISWI unit’s impacts that are prepared to comply with state, local, or other federal regulatory requirements may be used to satisfy the requirements of this section, provided they include the consideration of air pollution control alternatives specified in paragraph (a) of this section. (c) You must complete and submit the siting requirements of this section as required under § 60.2190(c) prior to commencing construction. Waste Management Plan § 60.2055 plan? What is a waste management A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste. E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations § 60.2060 When must I submit my waste management plan? (a) You must submit a waste management plan prior to commencing construction. (b) For CISWI units that commence reconstruction or modification after August 7, 2013, you must submit a waste management plan prior to the commencement of modification or reconstruction. § 60.2065 What should I include in my waste management plan? A waste management plan must include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan must identify any additional waste management measures and implement those measures the source considers practical and feasible, considering the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have. Operator Training and Qualification asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2070 What are the operator training and qualification requirements? (a) No CISWI unit can be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within 1 hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you must follow the procedures in § 60.2100. (b) Operator training and qualification must be obtained through a stateapproved program or by completing the requirements included in paragraph (c) of this section. (c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (3) of this section: (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) through (xi) of this section; (i) Environmental concerns, including types of emissions; (ii) Basic combustion principles, including products of combustion; (iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures; VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 (iv) Combustion controls and monitoring; (v) Operation of air pollution control equipment and factors affecting performance (if applicable); (vi) Inspection and maintenance of the incinerator and air pollution control devices; (vii) Actions to prevent and correct malfunctions or to prevent conditions that may lead to malfunctions; (viii) Bottom and fly ash characteristics and handling procedures; (ix) Applicable federal, state, and local regulations, including Occupational Safety and Health Administration workplace standards; (x) Pollution prevention; and (xi) Waste management practices. (2) An examination designed and administered by the instructor. (3) Written material covering the training course topics that may serve as reference material following completion of the course. § 60.2075 When must the operator training course be completed? The operator training course must be completed by the later of the three dates specified in paragraphs (a) through (c) of this section: (a) Six months after your CISWI unit startup; (b) December 3, 2001; and (c) The date before an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit. § 60.2080 How do I obtain my operator qualification? (a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 60.2070(b). (b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 60.2070(c)(2). § 60.2085 How do I maintain my operator qualification? To maintain qualification, you must complete an annual review or refresher course covering, at a minimum, the five topics described in paragraphs (a) through (e) of this section: (a) Update of regulations; (b) Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling; (c) Inspection and maintenance; (d) Prevention and correction of malfunctions or conditions that may lead to malfunction; and (e) Discussion of operating problems encountered by attendees. PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 40973 § 60.2090 How do I renew my lapsed operator qualification? You must renew a lapsed operator qualification by one of the two methods specified in paragraphs (a) and (b) of this section: (a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in § 60.2085; and (b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 60.2080(a). § 60.2095 What site-specific documentation is required? (a) Documentation must be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in paragraphs (a)(1) through (10) of this section. You must maintain this information and the training records required by paragraph (c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request: (1) Summary of the applicable standards under this subpart; (2) Procedures for receiving, handling, and charging waste; (3) Incinerator startup, shutdown, and malfunction procedures; (4) Procedures for maintaining proper combustion air supply levels; (5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart; (6) Monitoring procedures for demonstrating compliance with the incinerator operating limits; (7) Reporting and recordkeeping procedures; (8) The waste management plan required under §§ 60.2055 through 60.2065; (9) Procedures for handling ash; and (10) A list of the wastes burned during the performance test. (b) You must establish a program for reviewing the information listed in paragraph (a) of this section with each incinerator operator: (1) The initial review of the information listed in paragraph (a) of this section must be conducted within 6 months after the effective date of this subpart or prior to an employee’s assumption of responsibilities for operation of the CISWI unit, whichever date is later; and (2) Subsequent annual reviews of the information listed in paragraph (a) of this section must be conducted not later than 12 months following the previous review. (c) You must also maintain the information specified in paragraphs (c)(1) through (3) of this section: E:\FR\FM\23JNR2.SGM 23JNR2 40974 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (1) Records showing the names of CISWI unit operators who have completed review of the information in § 60.2095(a) as required by § 60.2095(b), including the date of the initial review and all subsequent annual reviews; (2) Records showing the names of the CISWI operators who have completed the operator training requirements under § 60.2070, met the criteria for qualification under § 60.2080, and maintained or renewed their qualification under § 60.2085 or § 60.2090. Records must include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications; and (3) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2100 What if all the qualified operators are temporarily not accessible? If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs (a) and (b) of this section, depending on the length of time that a qualified operator is not accessible: (a) When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in § 60.2095(a) within the past 12 months. However, you must record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under § 60.2210; and (b) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in paragraphs (b)(1) and (2) of this section: (1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible; 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 CISWI unit. You must submit the first status report 4 weeks after you notify the Administrator of the VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 deviation under paragraph (b)(1) of this section. If the Administrator notifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in paragraphs (b)(2)(i) and (ii) of this section: (i) A qualified operator is accessible as required under § 60.2070(a); and (ii) You notify the Administrator that a qualified operator is accessible and that you are resuming operation. Emission Limitations and Operating Limits § 60.2105 What emission limitations must I meet and by when? (a) You must meet the emission limitations for each CISWI unit, including bypass stack or vent, specified in table 1 of this subpart or tables 5 through 8 of this subpart by the applicable date in § 60.2140. You must be in compliance with the emission limitations of this subpart that apply to you at all times. (b) An incinerator or air curtain incinerator that commenced construction after November 30, 1999, but no later than June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001 but no later than August 7, 2013, must continue to meet the emission limits in table 1 of this subpart for units in the incinerator subcategory and § 60.2250 for air curtain incinerators until the units become subject to the requirements of an approved state plan or federal plan that implements subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). § 60.2110 What operating limits must I meet and by when? (a) If you use a wet scrubber(s) to comply with the emission limitations, you must establish operating limits for up to four operating parameters (as specified in table 2 of this subpart) as described in paragraphs (a)(1) through (4) of this section during the initial performance test: (1) Maximum charge rate, calculated using one of the two different procedures in paragraph (a)(1)(i) or (ii) of this section, as appropriate: (i) For continuous and intermittent units, maximum charge rate is 110 percent of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations; and PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 (ii) For batch units, maximum charge rate is 110 percent of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (2) Minimum pressure drop across the wet particulate matter scrubber, which is calculated as the lowest 1-hour average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as the lowest 1-hour average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; (3) Minimum scrubber liquid flow rate, which is calculated as the lowest 1-hour average liquid flow rate at the inlet to the wet acid gas or particulate matter scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations; and (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-hour average liquor pH at the inlet to the wet acid gas scrubber measured during the most recent performance test demonstrating compliance with the HCl emission limitation. (b) You must meet the operating limits established during the initial performance test 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup. (c) If you use a fabric filter to comply with the emission limitations and you do not use a PM CPMS for monitoring PM compliance, you must operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action. (d) If you use an electrostatic precipitator to comply with the emission limitations and you do not use a PM CPMS for monitoring PM compliance, you must measure the (secondary) voltage and amperage of the electrostatic precipitator collection plates during the particulate matter performance test. Calculate the average E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40975 injection rate by the load fraction, as defined in this subpart, to determine the required injection rate (e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (h) If you do not use a wet scrubber, electrostatic precipitator, or fabric filter to comply with the emission limitations, and if you do not determine compliance with your particulate matter emission limitation with either a particulate matter CEMS or a particulate matter CPMS, you must maintain opacity to less than or equal to 10 percent opacity (1-hour block average). (i) If you use a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (i)(1) through (5) of this section: (1) Determine your operating limit as the average PM CPMS output value recorded during the performance test or at a PM CPMS output value corresponding to 75 percent of the emission limit if your PM performance test demonstrates compliance below 75 percent of the emission limit. You must verify an existing or establish a new operating limit after each repeated performance test. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test: (i) Your PM CPMS must provide a 4– 20 milliamp output, or digital equivalent, and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps; (ii) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to at least two times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to two times your allowable emission limit; and (iii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp output values, or their digital equivalent, from the PM CPMS for the periods corresponding to the compliance test runs (e.g., average all your PM CPMS output values for three corresponding 2-hour Method 5I test runs). (2) If the average of your three PM performance test runs are below 75 percent of your PM emission limit, you must calculate an operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS output values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 or performance test with the procedures in (i)(1) through (5) of this section: (i) Determine your instrument zero output with one of the following procedures: (A) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench; (B) Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air; (C) The zero point can also can be established obtained by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations (e.g., when your process is not operating, but the fans are operating or your source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept; and (D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of this section are possible, you must use a zero output value provided by the manufacturer. (ii) Determine your PM CPMS instrument average in milliamps, or the digital equivalent, and the average of your corresponding three PM compliance test runs, using equation 1: Where: X1 = the PM CPMS output data points for the three runs constituting the performance test, Y1 = the PM concentration value for the three runs constituting the performance test, and n = the number of data points. equivalent, your three run average PM CPMS milliamp value, or its digital equivalent, and your three run average PM concentration from your three compliance tests, determine a (iii) With your instrument zero expressed in milliamps, or the digital VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.000</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES electric power value (secondary voltage × secondary current = secondary electric power) for each test run. The operating limit for the electrostatic precipitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. (e) If you use activated carbon sorbent injection to comply with the emission limitations, you must measure the sorbent flow rate during the performance testing. The operating limit for the carbon sorbent injection is calculated as the lowest 1-hour average sorbent flow rate measured during the most recent performance test demonstrating compliance with the mercury emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate (e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (f) If you use selective noncatalytic reduction to comply with the emission limitations, you must measure the charge rate, the secondary chamber temperature (if applicable to your CISWI unit), and the reagent flow rate during the nitrogen oxides performance testing. The operating limits for the selective noncatalytic reduction are calculated as the highest 1-hour average charge rate, lower secondary chamber temperature, and lowest reagent flow rate measured during the most recent performance test demonstrating compliance with the nitrogen oxides emission limitations. (g) If you use a dry scrubber to comply with the emission limitations, you must measure the injection rate of each sorbent during the performance testing. The operating limit for the injection rate of each sorbent is calculated as the lowest 1-hour average injection rate or each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent 40976 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations or digital signal equivalent with equation 2: Where: Ol = the operating limit for your PM CPMS on a 30-day rolling average, in milliamps or their digital signal equivalent, L = your source emission limit expressed in mg/dscm, z = your instrument zero in milliamps or the digital equivalent, determined from paragraph (2)(i) of this secction, and R = the relative mg/dscm per milliamp or digital signal output equivalent for your PM CPMS, from equation 2. asabaliauskas on DSK3SPTVN1PROD with RULES Where: X1 = the PM CPMS data points for all runs i, n = the number of data points, and Oh = your site specific operating limit, in milliamps or digital signal equivalent. 18:31 Jun 22, 2016 Jkt 238001 (3) If the average of your three PM compliance test runs is at or above 75 percent of your PM emission limit you must determine your operating limit by averaging the PM CPMS milliamp or milliamp or digital signals corresponding to each PM compliance test run. (4) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps or digital signal bits, PM concentration, raw data signal) on a 30day rolling average basis. (5) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g., beta attenuation), span of the instruments primary analytical range, milliamp or digital signal value equivalent to the instrument zero output, technique by which this zero value was determined, and the average VerDate Sep<11>2014 (iv) Determine your source specific 30-day rolling average operating limit using the mg/dscm per milliamp or § 60.2115 What if I do not use a wet scrubber, fabric filter, activated carbon injection, selective noncatalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations? If you use an air pollution control device other than a wet scrubber, activated carbon injection, selective noncatalytic reduction, fabric filter, an electrostatic precipitator, or a dry scrubber or limit emissions in some other manner, including material balances, to comply with the emission limitations under § 60.2105, you must petition the EPA Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You must submit the petition at least sixty days before the performance test is scheduled to begin. Your petition must include the five items listed in paragraphs (a) through (e) of this section: (a) Identification of the specific parameters you propose to use as additional operating limits; (b) A discussion of the relationship between these parameters and emissions PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 digital value from equation 2 in equation 3, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit: digital signal output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using equation 4 and you must submit all compliance test and PM CPMS data according to the reporting requirements in paragraph (i)(5) of this section: of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of regulated pollutants; (c) A discussion of how you will establish the upper and/or lower values for these parameters which will establish the operating limits on these parameters; (d) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and (e) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters. Performance Testing § 60.2125 How do I conduct the initial and annual performance test? (a) All performance tests must consist of a minimum of three test runs conducted under conditions representative of normal operations. (b) You must document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.003</GPH> z = the milliamp or digital signal equivalent of your instrument zero determined from paragraph (2)(i) of this section. ER23JN16.002</GPH> Where: R = the relative mg/dscm per milliamp or digital equivalent for your PM CPMS, Y1 = the three run average mg/dscm PM concentration, X1 = the three run average milliamp or digital signal output from you PM CPMS, and ER23JN16.001</GPH> relationship of mg/dscm per milliamp Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40977 subpart or tables 5 through 8 of this subpart. (d) Method 1 of appendix A of this part must be used to select the sampling location and number of traverse points. (e) Method 3A or 3B of appendix A of this part must be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B of appendix A of this part must be used simultaneously with each method. (f) All pollutant concentrations, except for opacity, must be adjusted to 7 percent oxygen using equation 5 of this section: Where: Cadj = pollutant concentration adjusted to 7 percent oxygen; Cmeas = pollutant concentration measured on a dry basis; (20.9–7) = 20.9 percent oxygen–7 percent oxygen (defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; and %O2 = oxygen concentration measured on a dry basis, percent. to install a continuous opacity monitoring system, consistent with §§ 60.2145 and 60.2165. (j) You must determine dioxins/furans total mass basis by following the procedures in paragraphs (j)(1) through (3) of this section: (1) Measure the concentration of each dioxin/furan tetra-through octachlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A–7; (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.); and (3) Sum the quantities measured in accordance with paragraphs (j)(1) and (2) of this section to obtain the total concentration of dioxins/furans emitted in terms of total mass basis. procedures in § 60.2125. The use of the bypass stack during a performance test shall invalidate the performance test. You must conduct a performance evaluation of each continuous monitoring system within 60 days of installation of the monitoring system. (g) You must determine dioxins/ furans toxic equivalency by following the procedures in paragraphs (g)(1) through (4) of this section: (1) Measure the concentration of each dioxin/furan tetra-through octachlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A–7; (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.); (3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer measured in accordance with paragraphs (g)(1) and (2) of this section, multiply the isomer concentration by its corresponding toxic equivalency factor specified in table 3 of this subpart; and (4) Sum the products calculated in accordance with paragraph (g)(3) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. (h) Method 22 at 40 CFR part 60, appendix A–7 of this part must be used to determine compliance with the fugitive ash emission limit in table 1 of this subpart or tables 5 through 8 of this subpart. (i) If you have an applicable opacity operating limit, you must determine compliance with the opacity limit using Method 9 at 40 CFR part 60, appendix A–4, based on three 1-hour blocks consisting of ten 6-minute average opacity values, unless you are required VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 § 60.2130 How are the performance test data used? You use results of performance tests to demonstrate compliance with the emission limitations in table 1 of this subpart or tables 5 through 8 of this subpart. Initial Compliance Requirements § 60.2135 How do I demonstrate initial compliance with the emission limitations and establish the operating limits? You must conduct a performance test, as required under §§ 60.2125 and 60.2105 to determine compliance with the emission limitations in table 1 of this subpart or tables 5 through 8 of this subpart, to establish compliance with any opacity operating limit in § 60.2110, to establish the kiln-specific emission limit in § 60.2145(y), as applicable, and to establish operating limits using the procedures in §§ 60.2110 or 60.2115. The performance test must be conducted using the test methods listed in table 1 of this subpart or tables 5 through 8 of this subpart and the PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 § 60.2140 By what date must I conduct the initial performance test? (a) The initial performance test must be conducted within 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup. (b) If you commence or recommence combusting a solid waste at an existing combustion unit at any commercial or industrial facility, and you conducted a test consistent with the provisions of this subpart while combusting the solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, you do not need to retest until 6 months from the date you reintroduce that solid waste. (c) If you commence or recommence combusting a solid waste at an existing combustion unit at any commercial or industrial facility and you have not conducted a performance test consistent with the provisions of this subpart while combusting the solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, you must conduct a performance test within 60 days from the date you reintroduce that solid waste. § 60.2141 By what date must I conduct the initial air pollution control device inspection? (a) The initial air pollution control device inspection must be conducted within 60 days after installation of the control device and the associated CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after the device’s initial startup. (b) Within 10 operating days following an air pollution control device inspection, all necessary repairs must be completed unless the owner or operator obtains written approval from the state agency establishing a date whereby all E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.004</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES maintaining a log of the quantity of waste burned (as required in § 60.2175(b)(1)) and the types of waste burned during the performance test. (c) All performance tests must be conducted using the minimum run duration specified in table 1 of this 40978 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations necessary repairs of the designated facility must be completed. Continuous Compliance Requirements asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2145 How do I demonstrate continuous compliance with the emission limitations and the operating limits? (a) Compliance with standards. (1) The emission standards and operating requirements set forth in this subpart apply at all times; (2) If you cease combusting solid waste, you may opt to remain subject to the provisions of this subpart. Consistent with the definition of CISWI unit, you are subject to the requirements of this subpart at least 6 months following the last date of solid waste combustion. Solid waste combustion is ceased when solid waste is not in the combustion chamber (i.e., the solid waste feed to the combustor has been cut off for a period of time not less than the solid waste residence time); (3) If you cease combusting solid waste, you must be in compliance with any newly applicable standards on the effective date of the waste-to-fuel switch. The effective date of the wasteto-fuel switch is a date selected by you, that must be at least 6 months from the date that you ceased combusting solid waste, consistent with § 60.2145(a)(2). Your source must remain in compliance with this subpart until the effective date of the waste-to-fuel switch; (4) If you own or operate an existing commercial or industrial combustion unit that combusted a fuel or non-waste material, and you commence or recommence combustion of solid waste, you are subject to the provisions of this subpart as of the first day you introduce or reintroduce solid waste to the combustion chamber, and this date constitutes the effective date of the fuelto-waste switch. You must complete all initial compliance demonstrations for any section 112 standards that are applicable to your facility before you commence or recommence combustion of solid waste. You must provide 30 days prior notice of the effective date of the waste-to-fuel switch. The notification must identify: (i) The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice; (ii) The currently applicable subcategory under this subpart, and any 40 CFR part 63 subpart and subcategory that will be applicable after you cease combusting solid waste; (iii) The fuel(s), non-waste material(s) and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 the fuel(s) or non-waste materials the unit will commence combusting; (iv) The date on which you became subject to the currently applicable emission limits; and (v) The date upon which you will cease combusting solid waste, and the date (if different) that you intend for any new requirements to become applicable (i.e., the effective date of the waste-tofuel switch), consistent with paragraphs (a)(2) and (3) of this section. (5) All air pollution control equipment necessary for compliance with any newly applicable emissions limits which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch. (6) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-to-fuel, or fuel-to-waste switch. All calibration and drift checks must be performed as of the effective date of the waste-to-fuel, or fuel-to-waste switch. Relative accuracy tests must be performed as of the performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate continuous compliance with the particulate matter emission limits). Relative accuracy testing for other CEMS need not be repeated if that testing was previously performed consistent with Clean Air Act section 112 monitoring requirements or monitoring requirements under this subpart. (b) You must conduct an annual performance test for the pollutants listed in table 1 of this subpart or tables 5 through 8 of this subpart and opacity for each CISWI unit as required under § 60.2125. The annual performance test must be conducted using the test methods listed in table 1 of this subpart or tables 5 through 8 of this subpart and the procedures in § 60.2125. Annual performance tests are not required if you use CEMS or continuous opacity monitoring systems to determine compliance. (c) You must continuously monitor the operating parameters specified in § 60.2110 or established under § 60.2115 and as specified in § 60.2170. Use 3hour block average values to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under § 60.2115 or, for energy recovery units, where the averaging time for each PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 operating parameter is a 30-day rolling, calculated each hour as the average of the previous 720 operating hours. Operation above the established maximum, below the established minimum, or outside the allowable range of operating limits specified in paragraph (a) of this section constitutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. Operating limits are confirmed or reestablished during performance tests. (d) You must burn only the same types of waste and fuels used to establish subcategory applicability (for energy recovery units) and operating limits during the performance test. (e) For energy recovery units, incinerators, and small remote units, you must perform an annual visual emissions test for ash handling. (f) For energy recovery units, you must conduct an annual performance test for opacity (except where particulate matter CEMS or continuous opacity monitoring systems are used are used) and the pollutants listed in table 6 of this subpart. (g) You may elect to demonstrate continuous compliance with the carbon monoxide emission limit using a carbon monoxide CEMS according to the following requirements: (1) You must measure emissions according to § 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must demonstrate initial compliance with the carbon monoxide emissions limit using a 30day rolling average of these 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 of this part; and (2) Operate the carbon monoxide CEMS in accordance with the requirements of performance specification 4A of appendix B of this part and quality assurance procedure 1 of appendix F of this part. (h) Coal and liquid/gas energy recovery units with average annual heat input rates greater than or equal to 250 MMBtu/hr may elect to demonstrate continuous compliance with the particulate matter emissions limit using a particulate matter CEMS according to the procedures in § 60.2165(n) instead E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations of the particulate matter continuous parameter monitoring system (CPMS) specified in § 60.2145. Coal and liquid/ gas energy recovery units with annual average heat input rates less than 250 MMBtu/hr, incinerators, and small remote incinerators may also elect to demonstrate compliance using a particulate matter CEMS according to the procedures in § 60.2165(n) instead of particulate matter testing with EPA Method 5 at 40 CFR part 60, appendix A–3 and, if applicable, the continuous opacity monitoring requirements in paragraph (i) of this section. (i) For energy recovery units with annual average heat input rates greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you must install, operate, certify and maintain a continuous opacity monitoring system (COMS) according to the procedures in § 60.2165. (j) For waste-burning kilns, you must conduct an annual performance test for cadmium, lead, dioxins/furans and hydrogen chloride as listed in table 7 of this subpart. If you do not use an acid gas wet scrubber or dry scrubber, you must determine compliance with the hydrogen chloride emissions limit according to the requirements in paragraph (j)(1) of this section. You must determine compliance with the mercury emissions limit using a mercury CEMS according to paragraph (j)(2) of this section. You must determine compliance with nitrogen oxides, sulfur dioxide, and carbon monoxide using CEMS. You must determine compliance with particulate matter using CPMS: (1) If you monitor compliance with the HCl emissions limit by operating an HCl CEMS, you must do so in accordance with Performance Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of appendix B to 40 CFR part 60. You must operate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to 40 CFR part 60 except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, maintain and quality assure a HCl CEMS installed and certified under PS 18 according to the quality assurance requirements in Procedure 6 of appendix F to 40 CFR part 60. For any performance specification that you use, you must use Method 321 of appendix A to 40 CFR part 63 as the reference test method for conducting relative accuracy testing. The span value and calibration VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 requirements in paragraphs (j)(1)(i) and (ii) of this section apply to all HCl CEMS used under this subpart: (i) You must use a measurement span value for any HCl CEMS of 0–10 ppmvw unless the monitor is installed on a kiln without an inline raw mill. Kilns without an inline raw mill may use a higher span value sufficient to quantify all expected emissions concentrations. The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during ‘‘mill off’’ conditions. The corresponding data recorder range shall be documented in the site-specific monitoring plan and associated records; (ii) In order to quality assure data measured above the span value, you must use one of the three options in paragraphs (j)(1)(ii)(A) through (C) of this section: (A) Include a second span that encompasses the HCl emission concentrations expected to be encountered during ‘‘mill off’’ conditions. This second span may be rounded to a multiple of 5 ppm of total HCl. The requirements of the appropriate HCl monitor performance specification shall be followed for this second span with the exception that a RATA with the mill off is not required; (B) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (j)(1)(i) of this section using the following procedure. Conduct a weekly ‘‘above span linearity’’ calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75% of the highest measured hourly concentration. The ‘‘above span’’ reference gas must meet the requirements of the applicable performance specification and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The ‘‘above span linearity’’ challenge is successful if the value measured by the HCl CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the HCl CEMS during the above span linearity challenge exceeds 10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new ‘‘above span linearity’’ challenge met before returning the HCl CEMS to service, or data above span from the HCl CEMS must be subject to the quality assurance procedures established in (j)(1)(ii)(D) of this section. In this manner values measured by the HCl PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 40979 CEMS during the above span linearity challenge exceeding +/¥20 percent of the certified value of the reference gas must be normalized using equation 6; (C) Quality assure any data above the span value established in paragraph (j)(1)(i) of this section using the following procedure. Any time two consecutive one-hour average measured concentration of HCl exceeds the span value you must, within 24 hours before or after, introduce a higher, ‘‘above span’’ HCl reference gas standard to the HCl CEMS. The ‘‘above span’’ reference gas must meet the requirements of the applicable performance specification and target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include above span calibrations done before or after the above-span measurement period. Record and report the results of this procedure as you would for a daily calibration. The ‘‘above span’’ calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph (j)(1)(ii)(D) of this section. If the ‘‘above span’’ calibration is conducted during the period when measured emissions are above span and there is a failure to collect the one data point in an hour due to the calibration duration, then you must determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour. In an hour where an ‘‘above span’’ calibration is being conducted and one or more data points are collected, the emissions average is represented by the average of all valid data points collected in that hour; (D) In the event that the ‘‘above span’’ calibration is not successful (i.e., the HCl CEMS measured value is not within 20 percent of the certified value of the reference gas), then you must normalize the one-hour average stack gas values measured above the span during the 24hour period preceding or following the ‘‘above span’’ calibration for reporting based on the HCl CEMS response to the reference gas as shown in equation 6: E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations Only one ‘‘above span’’ calibration is needed per 24-hour period. (2) Compliance with the mercury emissions limit must be determined using a mercury CEMS according to the following requirements: (i) You must operate a CEMS system in accordance with performance specification 12A of 40 CFR part 60, appendix B or a sorbent trap based integrated monitor in accordance with performance specification 12B of 40 CFR part 60, appendix B. The duration of the performance test must be a calendar month. For each calendar month in which the waste-burning kiln operates, hourly mercury concentration data, and stack gas volumetric flow rate data must be obtained. You must demonstrate compliance with the mercury emissions limit using a 30-day rolling average of these 1-hour mercury concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 of this part. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content; (ii) Owners or operators using a mercury CEMS must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the mercury mass emissions rate to the atmosphere according to the requirements of performance specifications 6 and 12A of 40 CFR part 60, appendix B, and quality assurance procedure 6 of 40 CFR part 60, appendix F; and (iii) The owner or operator of a wasteburning kiln must demonstrate initial compliance by operating a mercury CEMS while the raw mill of the in-line kiln/raw mill is operating under normal conditions and including at least one period when the raw mill is off. (k) If you use an air pollution control device to meet the emission limitations in this subpart, you must conduct an initial and annual inspection of the air pollution control device. The inspection must include, at a minimum, the following: (1) Inspect air pollution control device(s) for proper operation; and. (2) Develop a site-specific monitoring plan according to the requirements in paragraph (l) of this section. This VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under § 60.13(i). (l) For each continuous monitoring system required in this section, you must develop and submit to the EPA Administrator for approval a sitespecific monitoring plan according to the requirements of this paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this section: (1) You must submit this site-specific monitoring plan at least 60 days before your initial performance evaluation of your continuous monitoring system: (i) Installation of the continuous monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); (ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer and the data collection and reduction systems. (iii) Performance evaluation procedures and acceptance criteria (e.g., calibrations); (iv) Ongoing operation and maintenance procedures in accordance with the general requirements of § 60.11(d); (v) Ongoing data quality assurance procedures in accordance with the general requirements of § 60.13; and (vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 60.7(b), (c), (c)(1), (c)(4), (d), (e), (f), and (g). (2) You must conduct a performance evaluation of each continuous monitoring system in accordance with your site-specific monitoring plan. (3) You must operate and maintain the continuous monitoring system in continuous operation according to the site-specific monitoring plan. (m) If you have an operating limit that requires the use of a flow monitoring system, you must meet the requirements in paragraphs (l) and (m)(1) through (4) of this section: (1) Install the flow sensor and other necessary equipment in a position that provides a representative flow; (2) Use a flow sensor with a measurement sensitivity at full scale of no greater than 2 percent; PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 (3) Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and downstream disturbances; and (4) Conduct a flow monitoring system performance evaluation in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (n) If you have an operating limit that requires the use of a pressure monitoring system, you must meet the requirements in paragraphs (l) and (n)(1) through (6) of this section: (1) Install the pressure sensor(s) in a position that provides a representative measurement of the pressure (e.g., PM scrubber pressure drop); (2) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion; (3) Use a pressure sensor with a minimum tolerance of 1.27 centimeters of water or a minimum tolerance of 1 percent of the pressure monitoring system operating range, whichever is less; (4) Perform checks at the frequency outlined in your site-specific monitoring plan to ensure pressure measurements are not obstructed (e.g., check for pressure tap plugging daily); (5) Conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually; and (6) If at any time the measured pressure exceeds the manufacturer’s specified maximum operating pressure range, conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan and confirm that the pressure monitoring system continues to meet the performance requirements in your monitoring plan. Alternatively, install and verify the operation of a new pressure sensor. (o) If you have an operating limit that requires a pH monitoring system, you must meet the requirements in paragraphs (l) and (o)(1) through (4) of this section: (1) Install the pH sensor in a position that provides a representative measurement of scrubber effluent pH; (2) Ensure the sample is properly mixed and representative of the fluid to be measured; (3) Conduct a performance evaluation of the pH monitoring system in E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.005</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 40980 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations accordance with your monitoring plan at least once each process operating day; and (4) Conduct a performance evaluation (including a two-point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than quarterly. (p) If you have an operating limit that requires a secondary electric power monitoring system for an electrostatic precipitator, you must meet the requirements in paragraphs (l) and (p)(1) and (2) of this section: (1) Install sensors to measure (secondary) voltage and current to the precipitator collection plates; and (2) Conduct a performance evaluation of the electric power monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (q) If you have an operating limit that requires the use of a monitoring system to measure sorbent injection rate (e.g., weigh belt, weigh hopper, or hopper flow measurement device), you must meet the requirements in paragraphs (l) and (q)(1) and (2) of this section: (1) Install the system in a position(s) that provides a representative measurement of the total sorbent injection rate; and (2) Conduct a performance evaluation of the sorbent injection rate monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (r) If you elect to use a fabric filter bag leak detection system to comply with the requirements of this subpart, you must install, calibrate, maintain, and continuously operate a bag leak detection system as specified in paragraphs (l) and (r)(1) through (5) of this section: (1) Install a bag leak detection sensor(s) in a position(s) that will be representative of the relative or absolute particulate matter loadings for each exhaust stack, roof vent, or compartment (e.g., for a positive pressure fabric filter) of the fabric filter; (2) Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less; (3) Conduct a performance evaluation of the bag leak detection system in accordance with your monitoring plan and consistent with the guidance VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 provided in EPA–454/R–98–015 (incorporated by reference, see § 60.17); (4) Use a bag leak detection system equipped with a device to continuously record the output signal from the sensor; and (5) Use a bag leak detection system equipped with a system that will sound an alarm when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located where it is observed readily by plant operating personnel. (s) For facilities using a CEMS to demonstrate compliance with the sulfur dioxide emission limit, compliance with the sulfur dioxide emission limit may be demonstrated by using the CEMS specified in § 60.2165 to measure sulfur dioxide. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must calculate a 30-day rolling average of the 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, Appendix A–7 of this part. The sulfur dioxide CEMS must be operated according to performance specification 2 in appendix B of this part and must follow the procedures and methods specified in paragraph (s) of this section. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for inlet sulfur dioxide CEMS should be no greater than 20 percent of the mean value of the reference method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the reference method and the CEMS, whichever is greater: (1) During each relative accuracy test run of the CEMS required by performance specification 2 in appendix B of this part, collect sulfur dioxide and oxygen (or carbon dioxide) data concurrently (or within a 30- to 60minute period) with both the CEMS and the test methods specified in paragraphs (s)(1)(i) and (ii) of this section: (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17) must be used; and (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10– 1981 (incorporated by reference, see § 60.17), must be used. PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 40981 (2) The span value of the CEMS at the inlet to the sulfur dioxide control device must be 125 percent of the maximum estimated hourly potential sulfur dioxide emissions of the unit subject to this subpart. The span value of the CEMS at the outlet of the sulfur dioxide control device must be 50 percent of the maximum estimated hourly potential sulfur dioxide emissions of the unit subject to this subpart. (3) Conduct accuracy determinations quarterly and calibration drift tests daily in accordance with procedure 1 in appendix F of this part. (t) For facilities using a CEMS to demonstrate continuous compliance with the nitrogen oxides emission limit, compliance with the nitrogen oxides emission limit may be demonstrated by using the CEMS specified in § 60.2165 to measure nitrogen oxides. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must calculate a 30-day rolling average of the 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 of this part. The nitrogen oxides CEMS must be operated according to performance specification 2 in appendix B of this part and must follow the procedures and methods specified in paragraphs (t)(1) through (4) of this section: (1) During each relative accuracy test run of the CEMS required by performance specification 2 of appendix B of this part, collect nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or within a 30- to 60minute period) with both the CEMS and the test methods specified in paragraphs (t)(1)(i) and (ii) of this section: (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR part 60, appendix A–4 must be used; and (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B at 40 CFR part 60, appendix A–3, or as an alternative ANSI/ASME PTC 19– 10.1981 (incorporated by reference, see § 60.17), as applicable, must be used. (2) The span value of the continuous emission monitoring system must be 125 percent of the maximum estimated hourly potential nitrogen oxide emissions of the unit. (3) Conduct accuracy determinations quarterly and calibration drift tests daily in accordance with procedure 1 in appendix F of this part. (4) The owner or operator of an affected facility may request that E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40982 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations compliance with the nitrogen oxides emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels must be established during the initial performance test according to the procedures and methods specified in paragraphs (t)(4)(i) through (iv) of this section. This relationship may be reestablished during performance compliance tests: (i) The fuel factor equation in Method 3B must be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3A or 3B, or as an alternative ANSI/ ASME PTC 19.10–1981 (incorporated by reference, see § 60.17), as applicable, must be used to determine the oxygen concentration at the same location as the carbon dioxide monitor; (ii) Samples must be taken for at least 30 minutes in each hour; (iii) Each sample must represent a 1hour average; and (iv) A minimum of three runs must be performed. (u) For facilities using a CEMS to demonstrate continuous compliance with any of the emission limits of this subpart, you must complete the following: (1) Demonstrate compliance with the appropriate emission limit(s) using a 30day rolling average of 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 of this part. CEMS data during startup and shutdown, as defined in the subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content; and (2) Operate all CEMS in accordance with the applicable procedures under appendices B and F of this part. (v) Use of the bypass stack at any time is an emissions standards deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, SO2, and dioxin/furans. (w) For energy recovery units with a design heat input capacity of 100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, you must install, operate, and maintain a oxygen analyzer system as defined in § 60.2265 according to the procedures in paragraphs (w)(1) through (4) of this section: (1) The oxygen analyzer system must be installed by the initial performance test date specified in § 60.2140; VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 (2) You must operate the oxygen trim system within compliance with paragraph (w)(3) of this section at all times; (3) You must maintain the oxygen level such that the 30-day rolling average that is established as the operating limit for oxygen is not below the lowest hourly average oxygen concentration measured during the most recent CO performance test; and (4) You must calculate and record a 30-day rolling average oxygen concentration using equation 19–19 in section 12.4.1 of EPA Reference Method 19 of Appendix A–7 of this part. (x) For energy recovery units with annual average heat input rates greater than or equal to 250 MMBtu/hour and waste-burning kilns, you must install, calibrate, maintain, and operate a PM CPMS and record the output of the system as specified in paragraphs (x)(1) through (8) of this section. For other energy recovery units, you may elect to use PM CPMS operated in accordance with this section. PM CPMS are suitable in lieu of using other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure): (1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with paragraphs (l) and (x)(1)(i) through (iii) of this section: (i) The operating principle of the PM CPMS must be based on in-stack or extractive light scatter, light scintillation, beta attenuation, or mass accumulation detection of the exhaust gas or representative sample. The reportable measurement output from the PM CPMS must be expressed as milliamps or the digital signal equivalent; (ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes; and (iii) The PM CPMS must be capable of detecting and responding to particulate matter concentrations increments no greater than 0.5 mg/actual cubic meter. (2) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, you must adjust the sitespecific operating limit in accordance with the results of the performance test according to the procedures specified in § 60.2110. (3) Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours. Express the PM CPMS output as milliamps. PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 (4) Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or wasteburning kiln operating hours data (milliamps or their digital equivalent). (5) You must collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is operating and at the intervals specified in paragraph (x)(1)(ii) of this section, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in your sitespecific monitoring plan. (6) You must use all the data collected during all energy recovery unit or wasteburning kiln operating hours in assessing the compliance with your operating limit except: (i) Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are not used in calculations (report any such periods in your annual deviation report); (ii) Any data collected during periods when the monitoring system is out of control as specified in your site-specific monitoring plan, repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or quality control activities conducted during outof-control periods are not used in calculations (report emissions or operating levels and report any such periods in your annual deviation report); (iii) Any PM CPMS data recorded during periods of CEMS data during startup and shutdown, as defined in this subpart. (7) You must record and make available upon request results of PM CPMS system performance audits, as well as the dates and duration of periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return the PM CPMS to operation consistent with your site-specific monitoring plan. (8) For any deviation of the 30-day rolling average PM CPMS average value from the established operating parameter limit, you must: (i) Within 48 hours of the deviation, visually inspect the air pollution control device; E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40983 (ii) If inspection of the air pollution control device identifies the cause of the deviation, take corrective action as soon as possible and return the PM CPMS measurement to within the established value; (iii) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify. Within 45 days of the deviation, you must reestablish the CPMS operating limit. You are not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under paragraph (x) of this section; and (iv) PM CPMS deviations leading to more than four required performance tests in a 12-month process operating period (rolling monthly) constitute a violation of this subpart. (y) When there is an alkali bypass and/or an in-line coal mill that exhaust emissions through a separate stack(s), the combined emissions are subject to the emission limits applicable to wasteburning kilns. To determine the kilnspecific emission limit for demonstrating compliance, you must: (1) Calculate a kiln-specific emission limit using equation 7: Cks = Kiln stack concentration (ppmvd, mg dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2.) Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2.) Qcm = In-line coal mill flow rate (volume/hr) Ccm = In-line coal mill concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2.) Qks = Kiln stack flow rate (volume/hr) control device inspection as described in § 60.2141. you must conduct annual performance tests for the pollutant according to the schedule specified in paragraph (a) of this section until you qualify for less frequent testing for the pollutant as specified in paragraph (a)(3) of this section. (b) [Reserved] You must conduct annual performance tests between 11 and 13 months of the previous performance test. § 60.2151 By what date must I conduct the annual air pollution control device inspection? On an annual basis (no more than 12 months following the previous annual air pollution control device inspection), you must complete the air pollution VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 § 60.2160 May I conduct a repeat performance test to establish new operating limits? (a) Yes. You may conduct a repeat performance test at any time to establish new values for the operating limits. The Administrator may request a repeat performance test at any time. (b) You must repeat the performance test if your feed stream is different than the feed streams used during any performance test used to demonstrate compliance. Monitoring § 60.2165 What monitoring equipment must I install and what parameters must I monitor? (a) If you are using a wet scrubber to comply with the emission limitation under § 60.2105, you must install, calibrate (to manufacturers’ specifications), maintain, and operate devices (or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in table 2 of this subpart. These devices (or methods) must measure and record the values for these operating parameters at the frequencies indicated in table 2 of this subpart at all times except as specified in § 60.2170(a). (b) If you use a fabric filter to comply with the requirements of this subpart and you do not use a PM CPMS for monitoring PM compliance, you must install, calibrate, maintain, and continuously operate a bag leak E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.007</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2150 By what date must I conduct the annual performance test? (a) You must conduct annual performance tests according to the schedule specified in § 60.2150, with the following exceptions: (1) You may conduct a repeat performance test at any time to establish new values for the operating limits to apply from that point forward, as specified in § 60.2160. The Administrator may request a repeat performance test at any time; (2) You must repeat the performance test within 60 days of a process change, as defined in § 60.2265; (3) If the initial or any subsequent performance test for any pollutant in table 1 or tables 5 through 8 of this subpart, as applicable, demonstrates that the emission level for the pollutant is no greater than the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) of this section, as (i) For particulate matter, hydrogen chloride, mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and dioxins/furans, the emission level equal to 75 percent of the applicable emission limit in table 1 or tables 5 through 8 of this subpart, as applicable, to this subpart; and (ii) For fugitive emissions, visible emissions (of combustion ash from the ash conveying system) for 2 percent of the time during each of the three 1-hour observations periods. (4) If you are conducting less frequent testing for a pollutant as provided in paragraph (a)(3) of this section and a subsequent performance test for the pollutant indicates that your CISWI unit does not meet the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) of this section, as applicable, ER23JN16.006</GPH> (2) Particulate matter concentration must be measured downstream of the in-line coal mill. All other pollutant concentrations must be measured either upstream or downstream of the in-line coal mill; and (3) For purposes of determining the combined emissions from kilns equipped with an alkali bypass or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS or PM CPMS on the alkali bypass stack or inline coal mill stack, the results of the initial and subsequent performance test can be used to demonstrate compliance with the relevant emissions limit. A performance test must be conducted on an annual basis (between 11 and 13 calendar months following the previous performance test). § 60.2155 May I conduct performance testing less often? asabaliauskas on DSK3SPTVN1PROD with RULES 40984 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations detection system as specified in paragraphs (b)(1) through (8) of this section: (1) You must install and operate a bag leak detection system for each exhaust stack of the fabric filter; (2) Each bag leak detection system must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer’s written specifications and recommendations; (3) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less; (4) The bag leak detection system sensor must provide output of relative or absolute particulate matter loadings; (5) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor; (6) The bag leak detection system must be equipped with an alarm system that will alert automatically an operator when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located where it is observed easily by plant operating personnel; (7) For positive pressure fabric filter systems, a bag leak detection system must be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter; and (8) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors. (c) If you are using something other than a wet scrubber, activated carbon, selective non-catalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations under § 60.2105, you must install, calibrate (to the manufacturers’ specifications), maintain, and operate the equipment necessary to monitor compliance with the site-specific operating limits established using the procedures in § 60.2115. (d) If you use activated carbon injection to comply with the emission limitations in this subpart, you must measure the minimum mercury sorbent flow rate once per hour. (e) If you use selective noncatalytic reduction to comply with the emission limitations, you must complete the following: (1) Following the date on which the initial performance test is completed or is required to be completed under § 60.2125, whichever date comes first, ensure that the affected facility does not VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 operate above the maximum charge rate, or below the minimum secondary chamber temperature (if applicable to your CISWI unit) or the minimum reagent flow rate measured as 3-hour block averages at all times; and (2) Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature and below the minimum reagent flow rate simultaneously constitute a violation of the nitrogen oxides emissions limit. (f) If you use an electrostatic precipitator to comply with the emission limits of this subpart and you do not use a PM CPMS for monitoring PM compliance, you must monitor the secondary power to the electrostatic precipitator collection plates and maintain the 3-hour block averages at or above the operating limits established during the mercury or particulate matter performance test. (g) For waste-burning kilns not equipped with a wet scrubber or dry scrubber, in place of hydrogen chloride testing with EPA Method 321 at 40 CFR part 63, appendix A, an owner or operator must install, calibrate, maintain, and operate a CEMS for monitoring hydrogen chloride emissions, as specified in § 60.2145(j) of this subpart, discharged to the atmosphere and record the output of the system. To demonstrate continuous compliance with the hydrogen chloride emissions limit for units other than waste-burning kilns not equipped with a wet scrubber or dry scrubber, a facility may substitute use of a hydrogen chloride CEMS for conducting the hydrogen chloride annual performance test, monitoring the minimum hydrogen chloride sorbent flow rate, monitoring the minimum scrubber liquor pH, and monitoring minimum injection rate. (h) To demonstrate continuous compliance with the particulate matter emissions limit, a facility may substitute use of either a particulate matter CEMS or a particulate matter CPMS for conducting the PM annual performance test and using other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure). (i) To demonstrate continuous compliance with the dioxin/furan emissions limit, a facility may substitute use of a continuous automated sampling system for the dioxin/furan annual performance test. You must record the output of the system and analyze the sample according to EPA Method 23 at 40 CFR part 60, appendix A–7 of this part. This option to use a continuous automated sampling system takes effect on the date a final performance PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 specification applicable to dioxin/furan from continuous monitors is published in the Federal Register. The owner or operator who elects to continuously sample dioxin/furan emissions instead of sampling and testing using EPA Method 23 at 40 CFR part 60, appendix A–7 must install, calibrate, maintain, and operate a continuous automated sampling system and must comply with the requirements specified in § 60.58b(p) and (q). A facility may substitute continuous dioxin/furan monitoring for the minimum sorbent flow rate, if activated carbon sorbent injection is used solely for compliance with the dioxin/furan emission limit. (j) To demonstrate continuous compliance with the mercury emissions limit, a facility may substitute use of a continuous automated sampling system for the mercury annual performance test. You must record the output of the system and analyze the sample at set intervals using any suitable determinative technique that can meet performance specification 12B. The owner or operator who elects to continuously sample mercury emissions instead of sampling and testing using EPA Reference Method 29 or 30B at 40 CFR part 60, appendix A–8, ASTM D6784–02 (Reapproved 2008) (incorporated by reference, see § 60.17), or an approved alternative method for measuring mercury emissions, must install, calibrate, maintain, and operate a continuous automated sampling system and must comply with performance specification 12A and quality assurance procedure 5, as well as the requirements specified in § 60.58b(p) and (q). A facility may substitute continuous mercury monitoring for the minimum sorbent flow rate, if activated carbon sorbent injection is used solely for compliance with the mercury emission limit. Wasteburning kilns must install, calibrate, maintain, and operate a mercury CEMS as specified in § 60.2145(j). (k) To demonstrate continuous compliance with the nitrogen oxides emissions limit, a facility may substitute use of a CEMS for the nitrogen oxides annual performance test to demonstrate compliance with the nitrogen oxides emissions limits and monitoring the charge rate, secondary chamber temperature, and reagent flow for selective noncatalytic reduction, if applicable: (1) Install, calibrate, maintain, and operate a CEMS for measuring nitrogen oxides emissions discharged to the atmosphere and record the output of the system. The requirements under performance specification 2 of appendix B of this part, the quality assurance E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations procedure one of appendix F of this part and the procedures under § 60.13 must be followed for installation, evaluation, and operation of the CEMS; and (2) Following the date that the initial performance test for nitrogen oxides is completed or is required to be completed under § 60.2125, compliance with the emission limit for nitrogen oxides required under § 60.52b(d) must be determined based on the 30-day rolling average of the hourly emission concentrations using CEMS outlet data. The 1-hour arithmetic averages must be expressed in parts per million by volume corrected to 7 percent oxygen (dry basis) and used to calculate the 30day rolling average concentrations. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2). (l) To demonstrate continuous compliance with the sulfur dioxide emissions limit, a facility may substitute use of a continuous automated sampling system for the sulfur dioxide annual performance test to demonstrate compliance with the sulfur dioxide emissions limits: (1) Install, calibrate, maintain, and operate a CEMS for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system. The requirements under performance specification 2 of appendix B of this part, the quality assurance requirements of procedure one of appendix F of this part and procedures under § 60.13 must be followed for installation, evaluation, and operation of the CEMS; and (2) Following the date that the initial performance test for sulfur dioxide is completed or is required to be completed under § 60.2125, compliance with the sulfur dioxide emission limit may be determined based on the 30-day rolling average of the hourly arithmetic average emission concentrations using CEMS outlet data. The 1-hour arithmetic averages must be expressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 30day rolling average emission concentrations. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2). (m) For energy recovery units over 10 MMBtu/hr but less than 250 MMBtu/hr annual average heat input rates that do not use a wet scrubber, fabric filter with VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 bag leak detection system, or particulate matter CEMS, you must install, operate, certify, and maintain a continuous opacity monitoring system according to the procedures in paragraphs (m)(1) through (5) of this section by the compliance date specified in § 60.2105. Energy recovery units that use a CEMS to demonstrate initial and continuing compliance according to the procedures in § 60.2165(n) are not required to install a continuous opacity monitoring system and must perform the annual performance tests for the opacity consistent with § 60.2145(f): (1) Install, operate, and maintain each continuous opacity monitoring system according to performance specification 1 of 40 CFR part 60, appendix B; (2) Conduct a performance evaluation of each continuous opacity monitoring system according to the requirements in § 60.13 and according to PS–1 of 40 CFR part 60, appendix B; (3) As specified in § 60.13(e)(1), each continuous opacity monitoring system must complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period; (4) Reduce the continuous opacity monitoring system data as specified in § 60.13(h)(1); and (5) Determine and record all the 6minute averages (and 1-hour block averages as applicable) collected. (n) For coal and liquid/gas energy recovery units, incinerators, and small remote incinerators, an owner or operator may elect to install, calibrate, maintain, and operate a CEMS for monitoring particulate matter emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility who continuously monitors particulate matter emissions instead of conducting performance testing using EPA Method 5 at 40 CFR part 60, appendix A–3 or, as applicable, monitor with a particulate matter CPMS according to paragraph (r) of this section, must install, calibrate, maintain, and operate a CEMS and must comply with the requirements specified in paragraphs (n)(1) through (13) of this section: (1) Notify the Administrator 1 month before starting use of the system; (2) Notify the Administrator 1 month before stopping use of the system; (3) The monitor must be installed, evaluated, and operated in accordance with the requirements of performance specification 11 of appendix B of this part and quality assurance requirements of procedure two of appendix F of this part and § 60.13. Use Method 5 or PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 40985 Method 5I of Appendix A of this part for the PM CEMS correlation testing; (4) The initial performance evaluation must be completed no later than 180 days after the date of initial startup of the affected facility, as specified under § 60.2125 or within 180 days of notification to the Administrator of use of the continuous monitoring system if the owner or operator was previously determining compliance by Method 5 performance tests, whichever is later; (5) The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established according to the procedures and methods specified in § 60.2145(t)(4)(i) through (iv); (6) The owner or operator of an affected facility must conduct an initial performance test for particulate matter emissions as required under § 60.2125. Compliance with the particulate matter emission limit, if PM CEMS are elected for demonstrating compliance, must be determined by using the CEMS specified in paragraph (n) of this section to measure particulate matter. You must calculate a 30-day rolling average of 1hour arithmetic average emission concentrations, including CEMS data during startup and shutdown, as defined in this subpart, using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7; (7) Compliance with the particulate matter emission limit must be determined based on the 30-day rolling average calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 from the 1-hour arithmetic average CEMS outlet data; (8) At a minimum, valid continuous monitoring system hourly averages must be obtained as specified in § 60.2170(e); (9) The 1-hour arithmetic averages required under paragraph (n)(7) of this section must be expressed in milligrams per dry standard cubic meter corrected to 7 percent oxygen (dry basis) and must be used to calculate the 30-day rolling average emission concentrations. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2); (10) All valid CEMS data must be used in calculating average emission concentrations even if the minimum E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40986 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations CEMS data requirements of paragraph (n)(8) of this section are not met. (11) The CEMS must be operated according to performance specification 11 in appendix B of this part; (12) During each relative accuracy test run of the CEMS required by performance specification 11 in appendix B of this part, particulate matter and oxygen (or carbon dioxide) data must be collected concurrently (or within a 30- to 60-minute period) by both the CEMS and the following test methods: (i) For particulate matter, EPA Reference Method 5 must be used; and (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, as applicable, must be used; and (13) Quarterly accuracy determinations and daily calibration drift tests must be performed in accordance with procedure 2 in appendix F of this part. (o) To demonstrate continuous compliance with the carbon monoxide emissions limit, you may substitute use of a continuous automated sampling system for the carbon monoxide annual performance test: (1) Install, calibrate, maintain, and operate a CEMS for measuring carbon monoxide emissions discharged to the atmosphere and record the output of the system. The requirements under performance specification 4B of appendix B of this part, the quality assurance procedure 1 of appendix F of this part and the procedures under § 60.13 must be followed for installation, evaluation, and operation of the CEMS; and (2) Following the date that the initial performance test for carbon monoxide is completed or is required to be completed under § 60.2140, compliance with the carbon monoxide emission limit may be determined based on the 30-day rolling average of the hourly arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, using CEMS outlet data. Except for CEMS data during startup and shutdown, as defined in this subpart, the 1-hour arithmetic averages must be expressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 30-day rolling average emission concentrations. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2). (p) The owner/operator of an affected source with a bypass stack shall install, VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 calibrate (to manufacturers’ specifications), maintain, and operate a device or method for measuring the use of the bypass stack including date, time and duration. (q) For energy recovery units with a design heat input capacity of 100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, you must install, operate, and maintain a oxygen analyzer system as defined in § 60.2265 according to the procedures in paragraphs (q)(1) through (4) of this section: (1) The oxygen analyzer system must be installed by the initial performance test date specified in § 60.2140; (2) You must operate the oxygen trim system within compliance with paragraph (q)(3) of this section at all times; (3) You must maintain the oxygen level such that the 30-day rolling average that is established as the operating limit for oxygen according to paragraph (q)(4) of this section is not below the lowest hourly average oxygen concentration measured during the most recent CO performance test; and (4) You must calculate and record a 30-day rolling average oxygen concentration using equation 19–19 in section 12.4.1 of EPA Reference Method 19 of Appendix A–7 of this part. (r) For energy recovery units with annual average heat input rates greater than or equal to 250 MMBtu/hour and waste-burning kilns, you must install, calibrate, maintain, and operate a PM CPMS and record the output of the system as specified in paragraphs (r)(1) through (8) of this section. If you elect to use a particulate matter CEMS as specified in paragraph (n) of this section, you are not required to use a PM CPMS to monitor particulate matter emissions. For other energy recovery units, you may elect to use PM CPMS operated in accordance with this section. PM CPMS are suitable in lieu of using other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure): (1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with § 60.2145(l) and (r)(1)(i) through (iii) of this section: (i) The operating principle of the PM CPMS must be based on in-stack or extractive light scatter, light scintillation, beta attenuation, or mass accumulation detection of PM in the exhaust gas or representative sample. The reportable measurement output from the PM CPMS must be expressed PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 as milliamps or a digital signal equivalent; (ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes; and (iii) The PM CPMS must be capable of detecting and responding to particulate matter concentration increments no greater than 0.5 mg/actual cubic meter. (2) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, you must adjust the sitespecific operating limit in accordance with the results of the performance test according to the procedures specified in § 60.2110. (3) Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours. Express the PM CPMS output as milliamps or the digital signal equivalent. (4) Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or wasteburning kiln operating hours data (milliamps or digital bits). (5) You must collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is operating and at the intervals specified in paragraph (r)(1)(ii) of this section, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in your sitespecific monitoring plan. (6) You must use all the data collected during all energy recovery unit or wasteburning kiln operating hours in assessing the compliance with your operating limit except: (i) Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are not used in calculations (report any such periods in your annual deviation report); (ii) Any data collected during periods when the monitoring system is out of control as specified in your site-specific monitoring plan, repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or quality control activities conducted during out- E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES of-control periods are not used in calculations (report emissions or operating levels and report any such periods in your annual deviation report); and (iii) Any PM CPMS data recorded during periods of CEMS data during startup and shutdown, as defined in this subpart. (7) You must record and make available upon request results of PM CPMS system performance audits, as well as the dates and duration of periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return the PM CPMS to operation consistent with your site-specific monitoring plan. (8) For any deviation of the 30-day rolling average PM CPMS average value from the established operating parameter limit, you must: (i) Within 48 hours of the deviation, visually inspect the air pollution control device; (ii) If inspection of the air pollution control device identifies the cause of the deviation, take corrective action as soon as possible and return the PM CPMS measurement to within the established value; (iii) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify the operation of the emissions control device(s). Within 45 days of the deviation, you must re-establish the CPMS operating limit. You are not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under this paragraph; and (iv) PM CPMS deviations leading to more than four required performance tests in a 12-month process operating period (rolling monthly) constitute a violation of this subpart. (s) If you use a dry scrubber to comply with the emission limits of this subpart, you must monitor the injection rate of each sorbent and maintain the 3-hour block averages at or above the operating limits established during the hydrogen chloride performance test. § 60.2170 Is there a minimum amount of monitoring data I must obtain? For each continuous monitoring system required or optionally allowed under § 60.2165, you must collect data according to this section: (a) You must operate the monitoring system and collect data at all required intervals at all times compliance is required except for periods of VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 monitoring system malfunctions or outof-control periods, repairs associated with monitoring system malfunctions or out-of-control periods (as specified in 60.2210(o)), and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments). A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You are required to effect monitoring system repairs in response to monitoring system malfunctions or outof-control periods and to return the monitoring system to operation as expeditiously as practicable; (b) You may not use data recorded during monitoring system malfunctions or out-of-control periods, repairs associated with monitoring system malfunctions or out-of-control periods, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. You must use all the data collected during all other periods, including data normalized for above scale readings, in assessing the operation of the control device and associated control system; and (c) Except for periods of monitoring system malfunctions or out-of-control periods, repairs associated with monitoring system malfunctions or outof-control periods, and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments, failure to collect required data is a deviation of the monitoring requirements. Recordkeeping and Reporting § 60.2175 What records must I keep? You must maintain the items (as applicable) as specified in paragraphs (a), (b), and (e) through (x) of this section for a period of at least 5 years: (a) Calendar date of each record; and (b) Records of the data described in paragraphs (b)(1) through (6) of this section: (1) The CISWI unit charge dates, times, weights, and hourly charge rates; (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable; (3) Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable; PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 40987 (4) Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable; (5) For affected CISWI units that establish operating limits for controls other than wet scrubbers under § 60.2110(d) through (g) or § 60.2115, you must maintain data collected for all operating parameters used to determine compliance with the operating limits. For energy recovery units using activated carbon injection or a dry scrubber, you must also maintain records of the load fraction and corresponding sorbent injection rate records; (6) If a fabric filter is used to comply with the emission limitations, you must record the date, time, and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. You must also record the percent of operating time during each 6-month period that the alarm sounds, calculated as specified in § 60.2110(c); (c)–(d) [Reserved] (e) Identification of calendar dates and times for which data show a deviation from the operating limits in table 2 of this subpart or a deviation from other operating limits established under § 60.2110(d) through (g) or § 60.2115 with a description of the deviations, reasons for such deviations, and a description of corrective actions taken; (f) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating limits, as applicable. Retain a copy of the complete test report including calculations; (g) All documentation produced as a result of the siting requirements of §§ 60.2045 and 60.2050; (h) Records showing the names of CISWI unit operators who have completed review of the information in § 60.2095(a) as required by § 60.2095(b), including the date of the initial review and all subsequent annual reviews; (i) Records showing the names of the CISWI operators who have completed the operator training requirements under § 60.2070, met the criteria for qualification under § 60.2080, and maintained or renewed their qualification under § 60.2085 or § 60.2090. Records must include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications; (j) For each qualified operator, the phone and/or pager number at which E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40988 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations they can be reached during operating hours; (k) Records of calibration of any monitoring devices as required under § 60.2165; (l) Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment; (m) The information listed in § 60.2095(a); (n) On a daily basis, keep a log of the quantity of waste burned and the types of waste burned (always required); (o) Maintain records of the annual air pollution control device inspections that are required for each CISWI unit subject to the emissions limits in table 1 of this subpart or tables 5 through 8 of this subpart, any required maintenance, and any repairs not completed within 10 days of an inspection or the timeframe established by the state regulatory agency; (p) For continuously monitored pollutants or parameters, you must document and keep a record of the following parameters measured using continuous monitoring systems: (1) All 6-minute average levels of opacity; (2) All 1-hour average concentrations of sulfur dioxide emissions; (3) All 1-hour average concentrations of nitrogen oxides emissions; (4) All 1-hour average concentrations of carbon monoxide emissions. You must indicate which data are CEMS data during startup and shutdown; (5) All 1-hour average concentrations of particulate matter emissions; (6) All 1-hour average concentrations of mercury emissions; (7) All 1-hour average concentrations of hydrogen chloride emissions; (8) All 1-hour average percent oxygen concentrations; and (9) All 1-hour average PM CPMS readings or particulate matter CEMS outputs; (q) Records indicating use of the bypass stack, including dates, times, and durations. (r) If you choose to stack test less frequently than annually, consistent with § 60.2155(a) through (c), you must keep annual records that document that your emissions in the previous stack test(s) were less than 75 percent of the applicable emission limit and document that there was no change in source operations including fuel composition and operation of air pollution control equipment that would cause emissions of the relevant pollutant to increase within the past year. (s) Records of the occurrence and duration of each malfunction of VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 operation (i.e., process equipment) or the air pollution control and monitoring equipment. (t) Records of all required maintenance performed on the air pollution control and monitoring equipment. (u) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 60.11(d), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (v) For operating units that combust non-hazardous secondary materials that have been determined not to be solid waste pursuant to § 241.3(b)(1) of this chapter, you must keep a record which documents how the secondary material meets each of the legitimacy criteria under § 241.3(d)(1). If you combust a fuel that has been processed from a discarded non-hazardous secondary material pursuant to § 241.3(b)(4) of this chapter, you must keep records as to how the operations that produced the fuel satisfies the definition of processing in § 241.2 and each of the legitimacy criteria of § 241.3(d)(1) of this chapter. If the fuel received a non-waste determination pursuant to the petition process submitted under § 241.3(c) of this chapter, you must keep a record that documents how the fuel satisfies the requirements of the petition process. For operating units that combust nonhazardous secondary materials as fuel per § 241.4, you must keep records documenting that the material is a listed non-waste under § 241.4(a). (w) Records of the criteria used to establish that the unit qualifies as a small power production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste material the unit is proposed to burn is homogeneous. (x) Records of the criteria used to establish that the unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material the unit is proposed to burn is homogeneous. § 60.2190 What must I submit prior to commencing construction? § 60.2180 Where and in what format must I keep my records? You must submit an annual report no later than 12 months following the submission of the information in § 60.2200. You must submit subsequent reports no more than 12 months following the previous report. (If the unit is subject to permitting requirements under title V of the Clean Air Act, you may be required by the permit to submit these reports more frequently.) All records must be available onsite in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the Administrator. § 60.2185 What reports must I submit? See table 4 of this subpart for a summary of the reporting requirements. PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 You must submit a notification prior to commencing construction that includes the five items listed in paragraphs (a) through (e) of this section: (a) A statement of intent to construct; (b) The anticipated date of commencement of construction; (c) All documentation produced as a result of the siting requirements of § 60.2050; (d) The waste management plan as specified in §§ 60.2055 through 60.2065; and (e) Anticipated date of initial startup. § 60.2195 What information must I submit prior to initial startup? You must submit the information specified in paragraphs (a) through (e) of this section prior to initial startup: (a) The type(s) of waste to be burned; (b) The maximum design waste burning capacity; (c) The anticipated maximum charge rate; (d) If applicable, the petition for sitespecific operating limits under § 60.2115; and (e) The anticipated date of initial startup. § 60.2200 What information must I submit following my initial performance test? You must submit the information specified in paragraphs (a) through (c) of this section no later than 60 days following the initial performance test. All reports must be signed by the facilities manager: (a) The complete test report for the initial performance test results obtained under § 60.2135, as applicable; (b) The values for the site-specific operating limits established in § 60.2110 or § 60.2115; and (c) If you are using a fabric filter to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by § 60.2165(b). § 60.2205 report? E:\FR\FM\23JNR2.SGM When must I submit my annual 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2210 What information must I include in my annual report? The annual report required under § 60.2205 must include the ten items listed in paragraphs (a) through (j) of this section. If you have a deviation from the operating limits or the emission limitations, you must also submit deviation reports as specified in §§ 60.2215, 60.2220, and 60.2225: (a) Company name and address; (b) Statement by a responsible official, with that official’s name, title, and signature, certifying the accuracy of the content of the report; (c) Date of report and beginning and ending dates of the reporting period; (d) The values for the operating limits established pursuant to § 60.2110 or § 60.2115; (e) If no deviation from any emission limitation or operating limit that applies to you has been reported, a statement that there was no deviation from the emission limitations or operating limits during the reporting period; (f) The highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported; (g) Information recorded under § 60.2175(b)(6) and (c) through (e) for the calendar year being reported; (h) For each performance test conducted during the reporting period, if any performance test is conducted, the process unit(s) tested, the pollutant(s) tested and the date that such performance test was conducted. Submit, following the procedure specified in § 60.2235(b)(1), the performance test report no later than the date that you submit the annual report; (i) If you met the requirements of § 60.2155(a) or (b), and did not conduct a performance test during the reporting period, you must state that you met the requirements of § 60.2155(a) or (b), and, therefore, you were not required to conduct a performance test during the reporting period; (j) Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours, but less than 2 weeks; (k) If you had a malfunction during the reporting period, the compliance report must include the number, duration, and a brief description for each type of malfunction that occurred during the reporting period and that caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 60.11(d), VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 including actions taken to correct a malfunction; (l) For each deviation from an emission or operating limitation that occurs for a CISWI unit for which you are not using a continuous monitoring system to comply with the emission or operating limitations in this subpart, the annual report must contain the following information: (1) The total operating time of the CISWI unit at which the deviation occurred during the reporting period; and (2) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. (m) If there were periods during which the continuous monitoring system, including the CEMS, was out of control as specified in paragraph (o) of this section, the annual report must contain the following information for each deviation from an emission or operating limitation occurring for a CISWI unit for which you are using a continuous monitoring system to comply with the emission and operating limitations in this subpart: (1) The date and time that each malfunction started and stopped; (2) The date, time, and duration that each CMS was inoperative, except for zero (low-level) and high-level checks; (3) The date, time, and duration that each continuous monitoring system was out-of-control, including start and end dates and hours and descriptions of corrective actions taken; (4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of malfunction or during another period; (5) A summary of the total duration of the deviation during the reporting period, and the total duration as a percent of the total source operating time during that reporting period; (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes; (7) A summary of the total duration of continuous monitoring system downtime during the reporting period, and the total duration of continuous monitoring system downtime as a percent of the total operating time of the CISWI unit at which the continuous monitoring system downtime occurred during that reporting period; (8) An identification of each parameter and pollutant that was monitored at the CISWI unit; PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 40989 (9) A brief description of the CISWI unit; (10) A brief description of the continuous monitoring system; (11) The date of the latest continuous monitoring system certification or audit; and (12) A description of any changes in continuous monitoring system, processes, or controls since the last reporting period. (n) If there were periods during which the continuous monitoring system, including the CEMS, was not out of control as specified in paragraph (o) of this section, a statement that there were not periods during which the continuous monitoring system was out of control during the reporting period. (o) A continuous monitoring system is out of control in accordance with the procedure in 40 CFR part 60, appendix F of this part, as if any of the following occur: (1) The zero (low-level), mid-level (if applicable), or high-level calibration drift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard; (2) The continuous monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; and (3) The continuous opacity monitoring system calibration drift exceeds two times the limit in the applicable performance specification in the relevant standard. § 60.2215 What else must I report if I have a deviation from the operating limits or the emission limitations? (a) You must submit a deviation report if any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operating limit established under this subpart, if the bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporting period, or if a performance test was conducted that deviated from any emission limitation. (b) The deviation report must be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data you collected during the second half of the calendar year (July 1 to December 31). § 60.2220 What must I include in the deviation report? In each report required under § 60.2215, for any pollutant or parameter that deviated from the E:\FR\FM\23JNR2.SGM 23JNR2 40990 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations emission limitations or operating limits specified in this subpart, include the six items described in paragraphs (a) through (f) of this section: (a) The calendar dates and times your unit deviated from the emission limitations or operating limit requirements; (b) The averaged and recorded data for those dates; (c) Durations and causes of the following: (1) Each deviation from emission limitations or operating limits and your corrective actions; (2) Bypass events and your corrective actions; and (d) A copy of the operating limit monitoring data during each deviation and for any test report that documents the emission levels the process unit(s) tested, the pollutant(s) tested and the date that the performance test was conducted. Submit, following the procedure specified in § 60.2235(b)(1), the performance test report no later than the date that you submit the deviation report. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2225 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? (a) If all qualified operators are not accessible for 2 weeks or more, you must take the two actions in paragraphs (a)(1) and (2) of this section: (1) Submit a notification of the deviation within 10 days that includes the three items in paragraphs (a)(1)(i) through (iii) of this section: (i) A statement of what caused the deviation; (ii) A description of what you are doing to ensure that a qualified operator is accessible; and (iii) The date when you anticipate that a qualified operator will be available. (2) Submit a status report to the Administrator every 4 weeks that includes the three items in paragraphs (a)(2)(i) through (iii) of this section: (i) A description of what you are doing to ensure that a qualified operator is accessible; (ii) The date when you anticipate that a qualified operator will be accessible; and (iii) Request approval from the Administrator to continue operation of the CISWI unit. (b) If your unit was shut down by the Administrator, under the provisions of § 60.2100(b)(2), due to a failure to provide an accessible qualified operator, you must notify the Administrator that you are resuming operation once a qualified operator is accessible. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 § 60.2230 Are there any other notifications or reports that I must submit? (a) Yes. You must submit notifications as provided by § 60.7. (b) If you cease combusting solid waste but continue to operate, you must provide 30 days prior notice of the effective date of the waste-to-fuel switch, consistent with 60.2145(a). The notification must identify: (1) The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice; (2) The currently applicable subcategory under this subpart, and any 40 CFR part 63 subpart and subcategory that will be applicable after you cease combusting solid waste; (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non-waste materials the unit will commence combusting; (4) The date on which you became subject to the currently applicable emission limits; and (5) The date upon which you will cease combusting solid waste, and the date (if different) that you intend for any new requirements to become applicable (i.e., the effective date of the waste-tofuel switch), consistent with paragraphs (b)(2) and (3) of this section. § 60.2235 reports? In what form can I submit my (a) Submit initial, annual and deviation reports electronically on or before the submittal due dates. Submit the reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA’s Central Data Exchange (CDX) (https:// cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this subpart or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the CEDRI Web site (https:// www3.epa.gov/ttn/chief/cedri/ index.html). If the reporting form specific to this subpart is not available in CEDRI at the time that the report is due, submit the report to the Administrator at the appropriate address listed in § 60.4. Once the form has been available in CEDRI for 90 calendar days, you must begin submitting all subsequent reports via CEDRI. The reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the report is submitted. (b) Submit results of each performance test and CEMS PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 performance evaluation required by this subpart as follows: (1) Within 60 days after the date of completing each performance test (see § 60.8) required by this subpart, you must submit the results of the performance test following the procedure specified in either paragraph (b)(1)(i) or (b)(1)(ii) of this section: (i) For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT Web site (https://www3.epa.gov/ttn/chief/ert/ert_ info.html) at the time of the test, you must submit the results of the performance test to the EPA via the CEDRI. (CEDRI can be accessed through the EPA’s 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 XML schema listed on the EPA’s ERT Web site. If you claim that some of the performance test information being submitted 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 disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph; and (ii) For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. (2) Within 60 days after the date of completing each continuous emissions monitoring system performance evaluation you must submit the results of the performance evaluation following the procedure specified in either paragraph (b)(2)(i) or (b)(2)(ii) of this section: (i) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI can be E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 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 submitted 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 disc, 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 the EPA’s CDX as described earlier in this paragraph; and (ii) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 60.4. If the Administrator agrees, you may change the semiannual or annual reporting dates. See § 60.19(c) for procedures to seek approval to change your reporting date. Title V Operating Permits § 60.2242 Am I required to apply for and obtain a Title V operating permit for my unit? Yes. Each CISWI unit and air curtain incinerator subject to standards under this subpart must operate pursuant to a permit issued under Section 129(e) and Title V of the Clean Air Act. Air Curtain Incinerators asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2245 What is an air curtain incinerator? (a) An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air 18:31 Jun 22, 2016 Jkt 238001 § 60.2250 What are the emission limitations for air curtain incinerators? Within 60 days after your air curtain incinerator reaches the charge rate at which it will operate, but no later than 180 days after its initial startup, you must meet the two limitations specified in paragraphs (a) and (b) of this section: (a) Maintain opacity to less than or equal to 10 percent opacity (as determined by the average of three 1hour blocks consisting of ten 6-minute average opacity values), except as described in paragraph (b) of this section; and (b) Maintain opacity to less than or equal to 35 percent opacity (as determined by the average of three 1hour blocks consisting of ten 6-minute average opacity values) during the startup period that is within the first 30 minutes of operation. § 60.2255 How must I monitor opacity for air curtain incinerators? § 60.2240 Can reporting dates be changed? VerDate Sep<11>2014 technology such as mass burn, modular, and fluidized bed combustors.) (b) Air curtain incinerators that burn only the materials listed in paragraphs (b)(1) through (3) of this section are only required to meet the requirements under § 60.2242 and under ‘‘Air Curtain Incinerators’’ (§§ 60.2245 through 60.2260): (1) 100 percent wood waste; (2) 100 percent clean lumber; and (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. (a) Use Method 9 of appendix A of this part to determine compliance with the opacity limitation. (b) Conduct an initial test for opacity as specified in § 60.8. (c) After the initial test for opacity, conduct annual tests no more than 12 calendar months following the date of your previous test. § 60.2260 What are the recordkeeping and reporting requirements for air curtain incinerators? (a) Prior to commencing construction on your air curtain incinerator, submit the three items described in paragraphs (a)(1) through (3) of this section: (1) Notification of your intent to construct the air curtain incinerators; (2) Your planned initial startup date; and (3) Types of materials you plan to burn in your air curtain incinerator. (b) Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the Administrator approves another format, for at least 5 years. (c) Make all records available for submittal to the Administrator or for an inspector’s onsite review. PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 40991 (d) You must submit the results (as determined by the average of three 1hour blocks consisting of ten 6-minute average opacity values) of the initial opacity tests no later than 60 days following the initial test. Submit annual opacity test results within 12 months following the previous report. (e) Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date. (f) Keep a copy of the initial and annual reports onsite for a period of 5 years. Definitions § 60.2265 What definitions must I know? Terms used but not defined in this subpart are defined in the Clean Air Act and subpart A (General Provisions) of this part. 30-day rolling average means the arithmetic mean of the previous 720 hours of valid operating data. Valid data excludes periods when this unit is not operating. The 720 hours should be consecutive, but not necessarily continuous if operations are intermittent. Administrator means the Administrator of the U.S. Environmental Protection Agency or his/her authorized representative or Administrator of a State Air Pollution Control Agency. Air curtain incinerator means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.) Annual heat input means the heat input for the 12 months preceding the compliance demonstration. Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, or diesel fuel. Average annual heat input rate means annual heat input divided by the hours of operation for the 12 months preceding the compliance demonstration. Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40992 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations scattering, light transmittance, or other principle to monitor relative particulate matter loadings. Burn-off oven means any rack reclamation unit, part reclamation unit, or drum reclamation unit. A burn-off oven is not an incinerator, wasteburning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Bypass stack means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. Calendar quarter means three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or October 1. Calendar year means 365 consecutive days starting on January 1 and ending on December 31. CEMS data during startup and shutdown means the following: (1) For incinerators and small remote incinerators: CEMS data collected during the first hours of a CISWI unit startup from a cold start until waste is fed to the unit and the hours of operation following the cessation of waste material being fed to the CISWI unit during a unit shutdown. For each startup event, the length of time that CEMS data may be claimed as being CEMS data during startup must be 48 operating hours or less. For each shutdown event, the length of time that CEMS data may be claimed as being CEMS data during shutdown must be 24 operating hours or less; (2) For energy recovery units: CEMS data collected during the startup or shutdown periods of operation. Startup begins with either the first-ever firing of fuel in a boiler or process heater for the purpose of supplying useful thermal energy (such as steam or heat) for heating, cooling or process purposes, or producing electricity, or the firing of fuel in a boiler or process heater for any purpose after a shutdown event. Startup ends four hours after when the boiler or process heater makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes, or generates electricity, whichever is earlier. Shutdown begins when the boiler or process heater no longer makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes and/or generates electricity or when no fuel is being fed to the boiler or process heater, whichever is earlier. Shutdown ends when the boiler or process heater no longer makes useful thermal energy (such as steam or heat) for heating, cooling, or process purposes and/or generates electricity, and no fuel is being combusted in the boiler or process heater; and VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 (3) For waste-burning kilns: CEMS data collected during the periods of kiln operation that do not include normal operations. Startup means the time from when a shutdown kiln first begins firing fuel until it begins producing clinker. Startup begins when a shutdown kiln turns on the induced draft fan and begins firing fuel in the main burner. Startup ends when feed is being continuously introduced into the kiln for at least 120 minutes or when the feed rate exceeds 60 percent of the kiln design limitation rate, whichever occurs first. Shutdown means the cessation of kiln operation. Shutdown begins when feed to the kiln is halted and ends when continuous kiln rotation ceases. Chemical recovery unit means combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. A chemical recovery unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. The following seven types of units are considered chemical recovery units: (1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process; (2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid; (3) Units burning only wood or coal feedstock for the production of charcoal; (4) Units burning only manufacturing byproduct streams/residue containing catalyst metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts; (5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds; (6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes; and (7) Units burning only photographic film to recover silver. Chemotherapeutic waste means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Clean lumber means wood or wood products that have been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 chromate copper arsenate, pentachlorophenol, and creosote. Commercial and industrial solid waste incineration (CISWI) unit means any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding 6 months, any solid waste as that term is defined in 40 CFR part 241. If the operating unit burns materials other than traditional fuels as defined in § 241.2 that have been discarded, and you do not keep and produce records as required by § 60.2175(v), the operating unit is a CISWI unit. While not all CISWI units will include all of the following components, a CISWI unit includes, but is not limited to, the solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the solid waste hopper (if applicable) and extends through two areas: The combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and the combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The CISWI unit includes all ash handling systems connected to the bottom ash handling system. Contained gaseous material means gases that are in a container when that container is combusted. Continuous emission monitoring system (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of this subpart, used to sample, condition (if applicable), analyze, and provide a record of emissions. Continuous monitoring system (CMS) means the total equipment, required under the emission monitoring sections in applicable subparts, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. A particulate matter continuous parameter monitoring system (PM CPMS) is a type of CMS. Cyclonic burn barrel means a combustion device for waste materials that is attached to a 55 gallon, openhead drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air. A cyclonic burn barrel is not an incinerator, a waste-burning kiln, an E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations energy recovery unit or a small, remote incinerator under this subpart. Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements; and (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans. Discard means, for purposes of this subpart and 40 CFR part 60, subpart DDDD, only, burned in an incineration unit without energy recovery. Drum reclamation unit means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be reused. Dry scrubber means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gas in the exhaust stream forming a dry powder material. Sorbent injection systems in fluidized bed boilers and process heaters are included in this definition. A dry scrubber is a dry control system. Energy recovery means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating. Energy recovery unit means a combustion unit combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241) for energy recovery. Energy recovery units include units that would be considered boilers and process heaters if they did not combust solid waste. Energy recovery unit designed to burn biomass (Biomass) means an energy recovery unit that burns solid waste, biomass, and non-coal solid materials but less than 10 percent coal, on a heat input basis on an annual average, either alone or in combination with liquid waste, liquid fuel or gaseous fuels. Energy recovery unit designed to burn coal (Coal) means an energy recovery unit that burns solid waste and at least 10 percent coal on a heat input basis on an annual average, either alone or in combination with liquid waste, liquid fuel or gaseous fuels. Energy recovery unit designed to burn liquid waste materials and gas (Liquid/ gas) means an energy recovery unit that VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 burns a liquid waste with liquid or gaseous fuels not combined with any solid fuel or waste materials. Energy recovery unit designed to burn solid materials (Solids) includes energy recovery units designed to burn coal and energy recovery units designed to burn biomass. Fabric filter means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse. Foundry sand thermal reclamation unit means a type of part reclamation unit that removes coatings that are on foundry sand. A foundry sand thermal reclamation unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Incinerator means any furnace used in the process of combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241) for the purpose of reducing the volume of the waste by removing combustible matter. Incinerator designs include single chamber and two-chamber. In-line coal mill means those coal mills using kiln exhaust gases in their process. Coal mills with a heat source other than the kiln or coal mills using exhaust gases from the clinker cooler alone are not an in-line coal mill. In-line kiln/raw mill means a system in a Portland Cement production process where a dry kiln system is integrated with the raw mill so that all or a portion of the kiln exhaust gases are used to perform the drying operation of the raw mill, with no auxiliary heat source used. In this system the kiln is capable of operating without the raw mill operating, but the raw mill cannot operate without the kiln gases, and consequently, the raw mill does not generate a separate exhaust gas stream. Kiln means an oven or furnace, including any associated preheater or precalciner devices, in-line raw mills, in-line coal mills or alkali bypasses used for processing a substance by burning, firing or drying. Kilns include cement kilns that produce clinker by heating limestone and other materials for subsequent production of Portland Cement. Because the alkali bypass, inline raw mill and in-line coal mill are considered an integral part of the kiln, the kiln emissions limits also apply to the exhaust of the alkali bypass, in-line raw mill and in-line coal mill. Laboratory analysis unit means units that burn samples of materials for the purpose of chemical or physical analysis. A laboratory analysis unit is not an incinerator, waste-burning kiln, PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 40993 an energy recovery unit or a small, remote incinerator under this subpart. Load fraction means the actual heat input of an energy recovery unit divided by heat input during the performance test that established the minimum sorbent injection rate or minimum activated carbon injection rate, expressed as a fraction (e.g., for 50 percent load the load fraction is 0.5). Low-level radioactive waste means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)). Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Minimum voltage or amperage means 90 percent of the lowest test-run average voltage or amperage to the electrostatic precipitator measured during the most recent particulate matter or mercury performance test demonstrating compliance with the applicable emission limits. Modification or modified CISWI unit means a CISWI unit that has been changed later than August 7, 2013 and that meets one of two criteria: (1) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including the cost of land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit; and (2) Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section 111 of the Clean Air Act has established standards. Municipal solid waste or municipaltype solid waste means household, commercial/retail, or institutional waste. Household waste includes material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40994 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations industrial facilities, and other similar establishments or facilities. Institutional waste includes materials discarded by schools, by hospitals (nonmedical), by nonmanufacturing activities at prisons and government facilities, and other similar establishments or facilities. Household, commercial/retail, and institutional waste does include yard waste and refuse-derived fuel. Household, commercial/retail, and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition wastes (which include railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles (including motor vehicle parts or vehicle fluff). Opacity means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. Operating day means a 24-hour period between 12 midnight and the following midnight during which any amount of solid waste is combusted at any time in the CISWI unit. Oxygen analyzer system means all equipment required to determine the oxygen content of a gas stream and used to monitor oxygen in the boiler or process heater flue gas, boiler or process heater, firebox, or other appropriate location. This definition includes oxygen trim systems and certified oxygen CEMS. The source owner or operator is responsible to install, calibrate, maintain, and operate the oxygen analyzer system in accordance with the manufacturer’s recommendations. Oxygen trim system means a system of monitors that is used to maintain excess air at the desired level in a combustion device over its operating range. A typical system consists of a flue gas oxygen and/or carbon monoxide monitor that automatically provides a feedback signal to the combustion air controller or draft controller. Part reclamation unit means a unit that burns coatings off parts (e.g., tools, equipment) so that the parts can be reconditioned and reused. Particulate matter means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of appendix A of this part. Pathological waste means waste material consisting of only human or animal remains, anatomical parts, and/ or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). Performance evaluation means the conduct of relative accuracy testing, calibration error testing, and other VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 measurements used in validating the continuous monitoring system data. Performance test means the collection of data resulting from the execution of a test method (usually three emission test runs) used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard. Process change means any of the following physical or operational changes: (1) A physical change (maintenance activities excluded) to the CISWI unit which may increase the emission rate of any air pollutant to which a standard applies; (2) An operational change to the CISWI unit where a new type of nonhazardous secondary material is being combusted; (3) A physical change (maintenance activities excluded) to the air pollution control devices used to comply with the emission limits for the CISWI unit (e.g., replacing an electrostatic precipitator with a fabric filter); and (4) An operational change to the air pollution control devices used to comply with the emission limits for the affected CISWI unit (e.g., change in the sorbent injection rate used for activated carbon injection). Rack reclamation unit means a unit that burns the coatings off racks used to hold small items for application of a coating. The unit burns the coating overspray off the rack so the rack can be reused. Raw mill means a ball or tube mill, vertical roller mill or other size reduction equipment, that is not part of an in-line kiln/raw mill, used to grind feed to the appropriate size. Moisture may be added or removed from the feed during the grinding operation. If the raw mill is used to remove moisture from feed materials, it is also, by definition, a raw material dryer. The raw mill also includes the air separator associated with the raw mill. Reconstruction means rebuilding a CISWI unit and meeting two criteria: (1) The reconstruction begins on or after August 7, 2013; and (2) The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit. Refuse-derived fuel means a type of municipal solid waste produced by processing municipal solid waste through shredding and size PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 classification. This includes all classes of refuse-derived fuel including two fuels: (1) Low-density fluff refuse-derived fuel through densified refuse-derived fuel; and (2) Pelletized refuse-derived fuel. Responsible official means one of the following: (1) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the permitting authority; (2) For a partnership or sole proprietorship: A general partner or the proprietor, respectively; (3) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected facilities: (i) The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned; or (ii) The designated representative for any other purposes under part 60. Shutdown means, for incinerators and small, remote incinerators, the period of time after all waste has been combusted in the primary chamber. Small, remote incinerator means an incinerator that combusts solid waste (as that term is defined by the Administrator in 40 CFR part 241) and combusts 3 tons per day or less solid waste and is more than 25 miles driving distance to the nearest municipal solid waste landfill. Soil treatment unit means a unit that thermally treats petroleumcontaminated soils for the sole purpose of site remediation. A soil treatment unit may be direct-fired or indirect fired. A soil treatment unit is not an E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Solid waste means the term solid waste as defined in 40 CFR 241.2. Solid waste incineration unit means a distinct operating unit of any facility which combusts any solid waste (as that term is defined by the Administrator in 40 CFR part 241) material from commercial or industrial establishments or the general public (including single and multiple residences, hotels and motels). Such term does not include incinerators or other units required to have a permit under section 3005 of the Solid Waste Disposal Act. The term ‘‘solid waste incineration unit’’ does not include: (1) Materials recovery facilities (including primary or secondary smelters) which combust waste for the primary purpose of recovering metals; (2) Qualifying small power production facilities, as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as units which burn tires or used oil, but not including refuse-derived fuel) for the production of electric energy or in the case of qualifying cogeneration facilities which burn homogeneous waste for the production of electric energy and steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes; or (3) Air curtain incinerators provided that such incinerators only burn wood wastes, yard wastes, and clean lumber and that such air curtain incinerators comply with opacity limitations to be established by the Administrator by rule. Space heater means a unit that meets the requirements of 40 CFR 279.23. A space heater is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Standard conditions, when referring to units of measure, means a temperature of 68 °F (20 °C) and a pressure of 1 atmosphere (101.3 kilopascals). Startup period means, for incinerators and small, remote incinerators, the period of time between the activation of the system and the first charge to the unit. Useful thermal energy means energy (i.e., steam, hot water, or process heat) that meets the minimum operating temperature and/or pressure required by any energy use system that uses energy 40995 provided by the affected energy recovery unit. Waste-burning kiln means a kiln that is heated, in whole or in part, by combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241). Secondary materials used in Portland cement kilns shall not be deemed to be combusted unless they are introduced into the flame zone in the hot end of the kiln or mixed with the precalciner fuel. Wet scrubber means an add-on air pollution control device that uses an aqueous or alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases. Wood waste means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include: (1) Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/ retail, institutional, or industrial sources as part of maintaining yards or other private or public lands; (2) Construction, renovation, or demolition wastes; and (3) Clean lumber. TABLE 1 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS FOR WHICH CONSTRUCTION IS COMMENCED AFTER NOVEMBER 30, 1999, BUT NO LATER THAN JUNE 4, 2010, OR FOR WHICH MODIFICATION OR RECONSTRUCTION IS COMMENCED ON OR AFTER JUNE 1, 2001, BUT NO LATER THAN AUGUST 7, 2013 For the air pollutant You must meet this emission limitation 1 Using this averaging time And determining compliance using this method Cadmium ..................... 0.004 milligrams per dry standard cubic meter. 157 parts per million by dry volume. 0.41 nanograms per dry standard cubic meter. 62 parts per million by dry volume. 3-run average (1 hour minimum sample time per run). Performance test (Method 29 of appendix A of this part). 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). Performance test (Method 10 at 40 CFR part 60, appendix A–4). Performance test (Method 23 of appendix A– 7 of this part). 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). 3-run average (1 hour minimum sample time per run). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). 3-run average (1 hour minimum sample time per run). Performance test (Method 29 of appendix A of this part). 3-run average (for Method 7E, 1 hour minimum sample time per run). 6-minute averages .......................................... Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 9 of appendix A of this part). Performance test (Method 7, 7A, 7C, 7D, or 7E of appendix A of this part). Performance test (Method 5 or 29 of appendix A of this part). Carbon monoxide ........ Dioxin/Furan (toxic equivalency basis). Hydrogen chloride ....... Lead ............................. asabaliauskas on DSK3SPTVN1PROD with RULES Mercury ........................ Nitrogen Oxides ........... Opacity ........................ Oxides of nitrogen ....... Particulate matter ........ VerDate Sep<11>2014 0.04 milligrams per dry standard cubic meter. 0.47 milligrams per dry standard cubic meter. 388 parts per million by dry volume. 10 percent .................. 388 parts per million by dry volume. 70 milligrams per dry standard cubic meter. 18:31 Jun 22, 2016 Jkt 238001 3-run per 3-run per PO 00000 average (1 hour minimum sample time run). average (1 hour minimum sample time run). Frm 00041 Fmt 4701 Sfmt 4700 Performance test (Method 29 of appendix A of this part). E:\FR\FM\23JNR2.SGM 23JNR2 40996 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 1 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS FOR WHICH CONSTRUCTION IS COMMENCED AFTER NOVEMBER 30, 1999, BUT NO LATER THAN JUNE 4, 2010, OR FOR WHICH MODIFICATION OR RECONSTRUCTION IS COMMENCED ON OR AFTER JUNE 1, 2001, BUT NO LATER THAN AUGUST 7, 2013—Continued For the air pollutant You must meet this emission limitation 1 Using this averaging time And determining compliance using this method Sulfur Dioxide .............. 20 parts per million by dry volume. 3-run average (For Method 6, collect a minimum volume of 20 liters per run. For Method 6C, collect sample for a minimum duration of 1 hour per run). Performance test (Method 6 or 6C at 40 CFR part 60, appendix A–4). 1 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. TABLE 2 TO SUBPART CCCC OF PART 60—OPERATING LIMITS FOR WET SCRUBBERS And monitoring using these minimum frequencies For these operating parameters You must establish these operating limits Charge rate ................................... Pressure drop across the wet scrubber or amperage to wet scrubber. Scrubber liquor flow rate .............. Scrubber liquor pH ....................... 1 Calculated Data measurement Data recording Averaging time Maximum charge rate .................. Continuous ........ Every hour ........ Minimum pressure drop or amperage. Continuous ........ Every 15 minutes. Daily (batch units) 3-hour rolling (continuous and intermittent units).1 3-hour rolling.1 Minimum flow rate ....................... Continuous ........ Minimum pH ................................. Continuous ........ Every 15 minutes. Every 15 minutes. 3-hour rolling.1 3-hour rolling.1 each hour as the average of the previous 3 operating hours. TABLE 3 TO SUBPART CCCC OF PART 60—TOXIC EQUIVALENCY FACTORS Toxic equivalency factor Dioxin/furan congener 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 0.5 0.1 0.1 0.1 0.01 0.001 0.1 0.5 0.05 0.1 0.1 0.1 0.1 0.01 0.01 0.001 TABLE 4 TO SUBPART CCCC OF PART 60—SUMMARY OF REPORTING REQUIREMENTS 1 Report Due date Contents asabaliauskas on DSK3SPTVN1PROD with RULES Preconstruction report .............. Prior to commencing construction. Startup notification ................... Prior to initial startup .............. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00042 Reference Statement of intent to construct ..................... Anticipated date of commencement of construction. Documentation for siting requirements. Waste management plan. Anticipated date of initial startup. • Type of waste to be burned ........................ • Maximum design waste burning capacity. • Anticipated maximum charge rate. • If applicable, the petition for site-specific operating limits. Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 § 60.2190. § 60.2195. Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40997 TABLE 4 TO SUBPART CCCC OF PART 60—SUMMARY OF REPORTING REQUIREMENTS 1—Continued Report Due date Contents No later than 60 days following the initial performance test. Annual report ............................ No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more than 12 months following the previous report. Emission limitation or operating limit deviation report. By August 1 of that year for data collected during the first half of the calendar year. By February 1 of the following year for data collected during the second half of the calendar year. Qualified operator deviation notification. Within 10 days of deviation .... Qualified operator deviation status report. asabaliauskas on DSK3SPTVN1PROD with RULES Initial test report ....................... Every 4 weeks following deviation. Qualified operator deviation notification of resumed operation. Prior to resuming operation .... 1 This Reference • Complete test report for the initial performance test. • The values for the site-specific operating limits. • Installation of bag leak detection system for fabric filter. • Name and address ...................................... • Statement and signature by responsible official. • Date of report. • Values for the operating limits. • Highest recorded 3-hour average and the lowest 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported. • For each performance test conducted during the reporting period, if any performance test is conducted, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted. • If a performance test was not conducted during the reporting period, a statement that the requirements of § 60.2155(a) were met. • Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than 2 weeks. • If you are conducting performance tests once every 3 years consistent with § 60.2155(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in the last 2 performance tests to the 75 percent emission limit threshold required in § 60.2155(a) and a statement as to whether there have been any operational changes since the last performance test that could increase emissions. • Dates and times of deviation ...................... • Averaged and recorded data for those dates. • Duration and causes of each deviation and the corrective actions taken. • Copy of operating limit monitoring data and, if any performance test was conducted that documents emission levels, the process unit(s) tested, the pollutant(s) tested, and the date that such performance text was conducted. • Dates, times and causes for monitor downtime incidents. • Statement of cause of deviation ................. • Description of efforts to have an accessible qualified operator. • The date a qualified operator will be accessible. • Description of efforts to have an accessible qualified operator. • The date a qualified operator will be accessible. • Request for approval to continue operation. • Notification that you are resuming operation. table is only a summary, see the referenced sections of the rule for the complete requirements. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 § 60.2200. §§ 60.2205 and 60.2210. § 60.2215 and 60.2220. § 60.2225(a)(1). § 60.2225(a)(2). § 60.2225(b). 40998 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 5 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 For the air pollutant You must meet this emission limitation 1 Cadmium ..................... 0.0023 milligrams per dry standard cubic meter. 17 parts per million by dry volume. 0.58 nanograms per dry standard cubic meter 3. 0.13 nanograms per dry standard cubic meter. Visible emissions for no more than 5 percent of the hourly observation period. 0.091 parts per million by dry volume. Carbon monoxide ........ Dioxin/furan (Total Mass Basis). Dioxin/furan (toxic equivalency basis). Fugitive ash ................. Hydrogen chloride ....... Lead ............................. Mercury ........................ Nitrogen Oxides ........... Particulate matter ........ (filterable) ..................... Sulfur dioxide ............... 0.015 milligrams per dry standard cubic meter 3. 0.00084 milligrams per dry standard cubic meter 3. 23 parts per million dry volume. 18 milligrams per dry standard cubic meter. 11 parts per million dry volume. Using this averaging time And determining compliance using this method 3-run average (collect a minimum volume of 4 dry standard cubic meter per run). 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). Performance test (Method 29 at 40 CFR part 60, appendix A–8 of this part). Use ICPMS for the analytical finish. Performance test (Method 10 at 40 CFR part 60, appendix A–4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 4 dry standard cubic meter per run). Performance test (Method 23 at 40 CFR part 60, appendix A–7). Three 1-hour observation periods .................. Visible emission test (Method 22 at 40 CFR part 60, appendix A–7). 3-run average (For Method 26, collect a minimum volume of 360 liters per run. For Method 26A, collect a minimum volume of 3 dry standard cubic meters per run). 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). 3-run average (collect enough volume to meet a detection limit data quality objective of 0.03 ug/dry standard cubic meter). 3-run average (for Method 7E, 1 hour minimum sample time per run). 3-run average (collect a minimum volume of 2 dry standard cubic meters per run). 3-run average (1 hour minimum sample time per run). Performance test (Method 29 of appendix A– 8 at 40 CFR part 60). Use ICPMS for the analytical finish. Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).2 Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 5 or 29 at 40 CFR part 60, appendix A–3 or appendix A–8 at 40 CFR part 60). Performance test (Method 6 or 6C at 40 CFR part 60, appendix A–4). 1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit. 2 Incorporated by reference, see § 60.17. 3 If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing according to § 60.2155 if all of the other provisions of § 60.2155 are met. For all other pollutants that do not contain a footnote ‘‘3’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOVERY UNITS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 You must meet this emission limitation 1 For the air pollutant Using this averaging time Cadmium ............. asabaliauskas on DSK3SPTVN1PROD with RULES Carbon monoxide Dioxin/furans (Total Mass Basis). Dioxins/furans (toxic equivalency basis). VerDate Sep<11>2014 And determining compliance using this method Biomass—0.0014 milligrams per dry standard cubic meter.3 Coal—0.0017 milligrams per dry standard cubic meter. Biomass—240 parts per million dry volume. Coal—95 parts per million dry volume. Biomass—0.52 nanograms per dry standard cubic meter.3 Coal—5.1 nanograms per dry standard cubic meter 3. 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). Performance test (Method 29 at 40 CFR part 60, appendix A– 8). Use ICPMS for the analytical finish. Performance test (Method 10 at 40 CFR part 60, appendix A– 4). Performance test (Method 23 at 40 CFR part 60, appendix A– 7). Biomass—0.076 nanograms per dry standard cubic meter.3 Coal—0.075 nanograms per dry standard cubic meter 3. 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). Liquid/gas Solids 0.023 milligrams per dry standard cubic meter. 35 parts per million dry volume. No Total Mass Basis limit, must meet the toxic equivalency basis limit below. 0.093 nanograms per dry standard cubic meter 3. 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4701 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 4 dry standard cubic meters). Sfmt 4700 E:\FR\FM\23JNR2.SGM Performance test (Method 23 of appendix A–7 of this part). 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40999 TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOVERY UNITS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013—Continued You must meet this emission limitation 1 For the air pollutant And determining compliance using this method Using this averaging time Liquid/gas Fugitive ash ......... Hydrogen chloride Lead .................... Mercury ............... Oxides of nitrogen Particulate matter (filterable). Sulfur dioxide ...... Solids Visible emissions for no more than 5 percent of the hourly observation period. 14 parts per million dry volume. Three 1-hour observation periods Visible emission test (Method 22 at 40 CFR part 60, appendix A–7). Fugitive ash. Biomass—0.20 parts per million dry volume. Coal—58 parts per million dry volume. Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). 0.096 milligrams per dry standard cubic meter. 0.00056 milligrams per dry standard cubic meter 3. 76 parts per million dry volume. 110 milligrams per dry standard cubic meter. Biomass—0.014 milligrams per dry standard cubic meter.3 Coal—0.057 milligrams per dry standard cubic meter. Biomass—0.0022 milligrams per dry standard cubic meter. Coal—0.013 milligrams per dry standard cubic meter. Biomass—290 parts per million dry volume. Coal—460 parts per million dry volume. Biomass—5.1 milligrams per dry standard cubic meter. Coal— 130 milligrams per dry standard cubic meter. 3-run average (For Method 26, collect a minimum volume of 360 liters per run. For Method 26A, collect a minimum volume of 3 dry standard cubic meters per run). 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). 720 parts per million dry volume. Biomass—7.3 parts per million dry volume. Coal—850 parts per million dry volume. 3-run average (collect enough volume to meet an in-stack detection limit data quality objective of 0.03 ug/dscm). 3-run average (for Method 7E, 1 hour minimum sample time per run). 3-run average (collect a minimum volume of 1 dry standard cubic meter per run). 3-run average (for Method 6, collect a minimum of 60 liters, for Method 6C, 1 hour minimum sample time per run). Performance test (Method 29 at 40 CFR part 60, appendix A– 8). Use ICPMS for the analytical finish. Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).2 Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 5 or 29 at 40 CFR part 60, appendix A–3 or appendix A–8) if the unit has an annual average heat input rate less than 250 MMBtu/hr; or PM CPMS (as specified in § 60.2145(x)) if the unit has an annual average heat input rate equal to or greater than 250 MMBtu/hr. Performance test (Method 6 or 6C at 40 CFR part 60, appendix A–4). 1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit. 2 Incorporated by reference, see § 60.17. 3 If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing according to § 60.2155 if all of the other provisions of § 60.2155 are met. For all other pollutants that do not contain a footnote ‘‘3’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. TABLE 7 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR WASTE-BURNING KILNS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 For the air pollutant Cadmium ..................... asabaliauskas on DSK3SPTVN1PROD with RULES Carbon monoxide ........ Dioxins/furans (total mass basis). Dioxins/furans (toxic equivalency basis). VerDate Sep<11>2014 Using this averaging time And determining compliance using this method 3 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). 3-run average (1 hour minimum sample time per run). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Performance test (Method 10 at 40 CFR part 60, appendix A–4). 3-run average (collect a minimum volume of 4 dry standard cubic meters per run). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 4 dry standard cubic meters). Performance test (Method 23 at 40 CFR part 60, appendix A–7). You must meet this emission limitation 1 0.0014 milligrams per dry standard cubic meter 2. 90 (long kilns)/190 (preheater/ precalciner) parts per million dry volume. 0.51 nanograms per dry standard cubic meter 2. 0.075 nanograms per dry standard cubic meter 2. 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 41000 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 7 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR WASTE-BURNING KILNS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013—Continued For the air pollutant You must meet this emission limitation 1 Using this averaging time And determining compliance using this method 3 Performance test (Method 321 at 40 CFR part 63, appendix A) or HCl CEMS if a wet scrubber or dry scrubber is not used, as specified in § 60.2145(j). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Mercury CEMS or sorbent trap monitoring system (performance specification 12A or 12B, respectively, of appendix B of this part), as specified in § 60.2145(j). NOX CEMS (performance specification 2 of appendix B and procedure 1 of appendix F of this part). PM CPMS (as specified in § 60.2145(x)). Hydrogen chloride ....... 3.0 parts per million dry volume 2. 3-run average (1 hour minimum sample time per run) or 30-day rolling average if HCl CEMS are used. Lead ............................. 0.014 milligrams per dry standard cubic meter 2. 0.0037 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 4 dry standard cubic meters). Mercury ........................ 30-day rolling average .................................... Oxides of nitrogen ....... 200 parts per million dry volume. 30-day rolling average .................................... Particulate matter (filterable). 4.9 milligrams per dry standard cubic meter. 28 parts per million dry volume. 30-day rolling average .................................... Sulfur dioxide ............... 30-day rolling average .................................... Sulfur dioxide CEMS (performance specification 2 of appendix B and procedure 1 of appendix F of this part). 1 All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit. 2 If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing according to § 60.2155 if all of the other provisions of § 60.2155 are met. For all other pollutants that do not contain a footnote ‘‘2’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. 3 Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in § 60.2145(y)(3). They are not subject to the CEMS, sorbent trap or CPMS requirements that otherwise may apply to the main kiln exhaust. TABLE 8 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR SMALL, REMOTE INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 For the air pollutant You must meet this emission limitation 1 Using this averaging time And determining compliance using this method Cadmium ..................... 0.67 milligrams per dry standard cubic meter. 13 parts per million dry volume. 1,800 nanograms per dry standard cubic meter.. 31 nanograms per dry standard cubic meter. Visible emissions for no more than 5 percent of the hourly observation period. 200 parts per million by dry volume. 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). 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Performance test (Method 10 at 40 CFR part 60, appendix A–4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 1 dry standard cubic meters). Performance test (Method 23 at 40 CFR part 60, appendix A–7). Three 1-hour observation periods .................. Visible emissions test (Method 22 at 40 CFR part 60, appendix A–7). 3-run average (For Method 26, collect a minimum volume of 60 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). Carbon monoxide ........ Dioxins/furans (total mass basis). Dioxins/furans (toxic equivalency basis). Fugitive ash ................. Hydrogen chloride ....... Lead ............................. asabaliauskas on DSK3SPTVN1PROD with RULES Mercury ........................ Oxides of nitrogen ....... Particulate matter (filterable). VerDate Sep<11>2014 2.0 milligrams per dry standard cubic meter. 0.0035 milligrams per dry standard cubic meter. 170 parts per million dry volume. 270 milligrams per dry standard cubic meter. 18:31 Jun 22, 2016 Jkt 238001 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008),2 collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum volume as specified in Method 30B at 40 CFR part 60, appendix A). 3-run average (for Method 7E, 1 hour minimum sample time per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters). PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).2 Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 5 or 29 at 40 CFR part 60, appendix A–3 or appendix A–8). E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 41001 TABLE 8 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR SMALL, REMOTE INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013—Continued For the air pollutant Sulfur dioxide ............... You must meet this emission limitation 1 1.2 parts per million dry volume. Using this averaging time And determining compliance using this method 3-run average (1 hour minimum sample time per run). Performance test (Method 6 or 6c at 40 CFR part 60, appendix A–4). 1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit. 2 Incorporated by reference, see § 60.17. 3. Part 60 is amended by revising subpart DDDD to read as follows: ■ Subpart DDDD—Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units Sec. Introduction 60.2500 What is the purpose of this subpart? 60.2505 Am I affected by this subpart? 60.2510 Is a state plan required for all states? 60.2515 What must I include in my state plan? 60.2520 Is there an approval process for my state plan? 60.2525 What if my state plan is not approvable? 60.2530 Is there an approval process for a negative declaration letter? 60.2535 What compliance schedule must I include in my state plan? 60.2540 Are there any State plan requirements for this subpart that apply instead of the requirements specified in subpart B? 60.2541 In lieu of a state plan submittal, are there other acceptable option(s) for a state to meet its Clean Air Act section 111(d)/129(b)(2) obligations? 60.2542 What authorities will not be delegated to state, local, or tribal agencies? 60.2545 Does this subpart directly affect CISWI unit owners and operators in my state? asabaliauskas on DSK3SPTVN1PROD with RULES Applicability of State Plans 60.2550 What CISWI units must I address in my state plan? 60.2555 What combustion units are exempt from my state plan? Use of Model Rule 60.2560 What is the ‘‘model rule’’ in this subpart? 60.2565 How does the model rule relate to the required elements of my state plan? 60.2570 What are the principal components of the model rule? Model Rule—Increments of Progress 60.2575 What are my requirements for meeting increments of progress and achieving final compliance? 60.2580 When must I complete each increment of progress? VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 60.2585 What must I include in the notifications of achievement of increments of progress? 60.2590 When must I submit the notifications of achievement of increments of progress? 60.2595 What if I do not meet an increment of progress? 60.2600 How do I comply with the increment of progress for submittal of a control plan? 60.2605 How do I comply with the increment of progress for achieving final compliance? 60.2610 What must I do if I close my CISWI unit and then restart it? 60.2615 What must I do if I plan to permanently close my CISWI unit and not restart it? Model Rule—Waste Management Plan 60.2620 What is a waste management plan? 60.2625 When must I submit my waste management plan? 60.2630 What should I include in my waste management plan? Model Rule—Operator Training and Qualification 60.2635 What are the operator training and qualification requirements? 60.2640 When must the operator training course be completed? 60.2645 How do I obtain my operator qualification? 60.2650 How do I maintain my operator qualification? 60.2655 How do I renew my lapsed operator qualification? 60.2660 What site-specific documentation is required? 60.2665 What if all the qualified operators are temporarily not accessible? Model Rule—Emission Limitations and Operating Limits 60.2670 What emission limitations must I meet and by when? 60.2675 What operating limits must I meet and by when? 60.2680 What if I do not use a wet scrubber, fabric filter, activated carbon injection, selective noncatalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations? Model Rule—Performance Testing 60.2690 How do I conduct the initial and annual performance test? 60.2695 How are the performance test data used? PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 Model Rule—Initial Compliance Requirements 60.2700 How do I demonstrate initial compliance with the amended emission limitations and establish the operating limits? 60.2705 By what date must I conduct the initial performance test? 60.2706 By what date must I conduct the initial air pollution control device inspection? Model Rule—Continuous Compliance Requirements 60.2710 How do I demonstrate continuous compliance with the amended emission limitations and the operating limits? 60.2715 By what date must I conduct the annual performance test? 60.2716 By what date must I conduct the annual air pollution control device inspection? 60.2720 May I conduct performance testing less often? 60.2725 May I conduct a repeat performance test to establish new operating limits? Model Rule—Monitoring 60.2730 What monitoring equipment must I install and what parameters must I monitor? 60.2735 Is there a minimum amount of monitoring data I must obtain? Model Rule—Recordkeeping and Reporting 60.2740 What records must I keep? 60.2745 Where and in what format must I keep my records? 60.2750 What reports must I submit? 60.2755 When must I submit my waste management plan? 60.2760 What information must I submit following my initial performance test? 60.2765 When must I submit my annual report? 60.2770 What information must I include in my annual report? 60.2775 What else must I report if I have a deviation from the operating limits or the emission limitations? 60.2780 What must I include in the deviation report? 60.2785 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? 60.2790 Are there any other notifications or reports that I must submit? 60.2795 In what form can I submit my reports? 60.2800 Can reporting dates be changed? E:\FR\FM\23JNR2.SGM 23JNR2 41002 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations Model Rule—Title V Operating Permits 60.2805 Am I required to apply for and obtain a Title V operating permit for my unit? Subpart DDDD—Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units Model Rule—Air Curtain Incinerators Introduction 60.2810 What is an air curtain incinerator? 60.2815 What are my requirements for meeting increments of progress and achieving final compliance? 60.2820 When must I complete each increment of progress? 60.2825 What must I include in the notifications of achievement of increments of progress? 60.2830 When must I submit the notifications of achievement of increments of progress? 60.2835 What if I do not meet an increment of progress? 60.2840 How do I comply with the increment of progress for submittal of a control plan? 60.2845 How do I comply with the increment of progress for achieving final compliance? 60.2850 What must I do if I close my air curtain incinerator and then restart it? 60.2855 What must I do if I plan to permanently close my air curtain incinerator and not restart it? 60.2860 What are the emission limitations for air curtain incinerators? 60.2865 How must I monitor opacity for air curtain incinerators? 60.2870 What are the recordkeeping and reporting requirements for air curtain incinerators? Model Rule—Definitions 60.2875 What definitions must I know? asabaliauskas on DSK3SPTVN1PROD with RULES Tables to Subpart DDDD Table 1 to Subpart DDDD of Part 60—Model Rule—Increments of Progress and Compliance Schedules Table 2 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Incinerators Before [Date to be specified in state plan] Table 3 to Subpart DDDD of Part 60—Model Rule—Operating Limits for Wet Scrubbers Table 4 to Subpart DDDD of Part 60—Model Rule—Toxic Equivalency Factors Table 5 to Subpart DDDD of Part 60—Model Rule—Summary of Reporting Requirements Table 6 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Incinerators on and After [Date to be specified in state plan] Table 7 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Energy Recovery Units After May 20, 2011 [Date to be specified in state plan] Table 8 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Waste-Burning Kilns After May 20, 2011 [Date to be specified in state plan.] Table 9 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Small, Remote Incinerators After May 20, 2011 [Date to be specified in state plan] VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 § 60.2500 subpart? What is the purpose of this This subpart establishes emission guidelines and compliance schedules for the control of emissions from commercial and industrial solid waste incineration (CISWI) units. The pollutants addressed by these emission guidelines are listed in table 2 of this subpart and tables 6 through 9 of this subpart. These emission guidelines are developed in accordance with sections 111(d) and 129 of the Clean Air Act and subpart B of this part. § 60.2505 Am I affected by this subpart? (a) If you are the Administrator of an air quality program in a state or United States protectorate with one or more existing CISWI units that meet the criteria in paragraphs (b) through (d) of this section, you must submit a state plan to U.S. Environmental Protection Agency (EPA) that implements the emission guidelines contained in this subpart. (b) You must submit a state plan to EPA by December 3, 2001 for incinerator units that commenced construction on or before November 30, 1999 and that were not modified or reconstructed after June 1, 2001. (c) You must submit a state plan that meets the requirements of this subpart and contains the more stringent emission limit for the respective pollutant in table 6 of this subpart or table 1 of subpart CCCC of this part to EPA by February 7, 2014 for incinerators that commenced construction after November 30, 1999, but no later than June 4, 2010, or commenced modification or reconstruction after June 1, 2001 but no later than August 7, 2013. (d) You must submit a state plan to EPA that meets the requirements of this subpart and contains the emission limits in tables 7 through 9 of this subpart by February 7, 2014, for CISWI units other than incinerator units that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013. § 60.2510 states? Is a state plan required for all No. You are not required to submit a state plan if there are no existing CISWI units in your state, and you submit a negative declaration letter in place of the state plan. PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 § 60.2515 plan? What must I include in my state (a) You must include the nine items described in paragraphs (a)(1) through (9) of this section in your state plan: (1) Inventory of affected CISWI units, including those that have ceased operation but have not been dismantled; (2) Inventory of emissions from affected CISWI units in your state; (3) Compliance schedules for each affected CISWI unit; (4) Emission limitations, operator training and qualification requirements, a waste management plan, and operating limits for affected CISWI units that are at least as protective as the emission guidelines contained in this subpart; (5) Performance testing, recordkeeping, and reporting requirements; (6) Certification that the hearing on the state plan was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission; (7) Provision for state progress reports to EPA; (8) Identification of enforceable state mechanisms that you selected for implementing the emission guidelines of this subpart; and (9) Demonstration of your state’s legal authority to carry out the sections 111(d) and 129 state plan. (b) Your state plan may deviate from the format and content of the emission guidelines contained in this subpart. However, if your state plan does deviate in content, you must demonstrate that your state plan is at least as protective as the emission guidelines contained in this subpart. Your state plan must address regulatory applicability, increments of progress for retrofit, operator training and qualification, a waste management plan, emission limitations, performance testing, operating limits, monitoring, recordkeeping and reporting, and air curtain incinerator requirements. (c) You must follow the requirements of subpart B of this part (Adoption and Submittal of State Plans for Designated Facilities) in your state plan. § 60.2520 Is there an approval process for my state plan? Yes. The EPA will review your state plan according to § 60.27. § 60.2525 What if my state plan is not approvable? (a) If you do not submit an approvable state plan (or a negative declaration letter) by December 2, 2002, EPA will E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations develop a federal plan according to § 60.27 to implement the emission guidelines contained in this subpart. Owners and operators of CISWI units not covered by an approved state plan must comply with the federal plan. The federal plan is an interim action and will be automatically withdrawn when your state plan is approved. (b) If you do not submit an approvable state plan (or a negative declaration letter) to EPA that meets the requirements of this subpart and contains the emission limits in tables 6 through 9 of this subpart for CISWI units that commenced construction on or before June 4, 2010 and incinerator or air curtain incinerator units that commenced reconstruction or modification on or after June 1, 2001 but no later than August 7, 2013, then EPA will develop a federal plan according to § 60.27 to implement the emission guidelines contained in this subpart. Owners and operators of CISWI units not covered by an approved state plan must comply with the federal plan. The federal plan is an interim action and will be automatically withdrawn when your state plan is approved. § 60.2530 Is there an approval process for a negative declaration letter? No. The EPA has no formal review process for negative declaration letters. Once your negative declaration letter has been received, EPA will place a copy in the public docket and publish a notice in the Federal Register. If, at a later date, an existing CISWI unit is found in your state, the federal plan implementing the emission guidelines contained in this subpart would automatically apply to that CISWI unit until your state plan is approved. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2535 What compliance schedule must I include in my state plan? (a) For CISWI units in the incinerator subcategory and air curtain incinerators that commenced construction on or before November 30, 1999, your state plan must include compliance schedules that require CISWI units in the incinerator subcategory and air curtain incinerators to achieve final compliance as expeditiously as practicable after approval of the state plan but not later than the earlier of the two dates specified in paragraphs (a)(1) and (2) of this section: (1) December 1, 2005; and (2) Three years after the effective date of state plan approval. (b) For CISWI units in the incinerator subcategory and air curtain incinerators that commenced construction after November 30, 1999, but on or before June 4, 2010 or that commenced VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 reconstruction or modification on or after June 1, 2001 but no later than August 7, 2013, and for CISWI units in the small remote incinerator, energy recovery unit, and waste-burning kiln subcategories that commenced construction before June 4, 2010, your state plan must include compliance schedules that require CISWI units to achieve final compliance as expeditiously as practicable after approval of the state plan but not later than the earlier of the two dates specified in paragraphs (b)(1) and (2) of this section: (1) February 7, 2018; and (2) Three years after the effective date of State plan approval. (c) For compliance schedules more than 1 year following the effective date of State plan approval, State plans must include dates for enforceable increments of progress as specified in § 60.2580. § 60.2540 Are there any State plan requirements for this subpart that apply instead of the requirements specified in subpart B? Yes. Subpart B establishes general requirements for developing and processing section 111(d) plans. This subpart applies instead of the requirements in subpart B of this part for paragraphs (a) and (b) of this section: (a) State plans developed to implement this subpart must be as protective as the emission guidelines contained in this subpart. State plans must require all CISWI units to comply by the dates specified in § 60.2535. This applies instead of the option for case-bycase less stringent emission standards and longer compliance schedules in § 60.24(f); and (b) State plans developed to implement this subpart are required to include two increments of progress for the affected CISWI units. These two minimum increments are the final control plan submittal date and final compliance date in § 60.21(h)(1) and (5). This applies instead of the requirement of § 60.24(e)(1) that would require a State plan to include all five increments of progress for all CISWI units. § 60.2541 In lieu of a state plan submittal, are there other acceptable option(s) for a state to meet its Clean Air Act section 111(d)/129(b)(2) obligations? Yes, a state may meet its Clean Air Act section 111(d)/129 obligations by submitting an acceptable written request for delegation of the federal plan that meets the requirements of this section. This is the only other option for a state to meet its Clean Air Act section 111(d)/ 129 obligations. PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 41003 (a) An acceptable federal plan delegation request must include the following: (1) A demonstration of adequate resources and legal authority to administer and enforce the federal plan; (2) The items under § 60.2515(a)(1), (2) and (7); (3) Certification that the hearing on the state delegation request, similar to the hearing for a state plan submittal, was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission; and (4) A commitment to enter into a Memorandum of Agreement with the Regional Administrator who sets forth the terms, conditions, and effective date of the delegation and that serves as the mechanism for the transfer of authority. Additional guidance and information is given in EPA’s Delegation Manual, Item 7–139, Implementation and Enforcement of 111(d)(2) and 111(d)/(2)/ 129(b)(3) federal plans. (b) A state with an already approved CISWI Clean Air Act section 111(d)/129 state plan is not precluded from receiving EPA approval of a delegation request for the revised federal plan, providing the requirements of paragraph (a) of this section are met, and at the time of the delegation request, the state also requests withdrawal of EPA’s previous state plan approval. (c) A state’s Clean Air Act section 111(d)/129 obligations are separate from its obligations under Title V of the Clean Air Act. § 60.2542 What authorities will not be delegated to state, local, or tribal agencies? The authorities listed under § 60.2030(c) will not be delegated to state, local, or tribal agencies. § 60.2545 Does this subpart directly affect CISWI unit owners and operators in my state? (a) No. This subpart does not directly affect CISWI unit owners and operators in your state. However, CISWI unit owners and operators must comply with the state plan you develop to implement the emission guidelines contained in this subpart. States may choose to incorporate the model rule text directly in their state plan. (b) If you do not submit an approvable plan to implement and enforce the guidelines contained in this subpart for CISWI units that commenced construction before November 30, 1999 by December 2, 2002, EPA will implement and enforce a federal plan, as provided in § 60.2525, to ensure that each unit within your state reaches E:\FR\FM\23JNR2.SGM 23JNR2 41004 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations compliance with all the provisions of this subpart by December 1, 2005. (c) If you do not submit an approvable plan to implement and enforce the guidelines contained in this subpart by February 7, 2014, for CISWI units that commenced construction on or before June 4, 2010, EPA will implement and enforce a federal plan, as provided in § 60.2525, to ensure that each unit within your state that commenced construction on or before June 4, 2010, reaches compliance with all the provisions of this subpart by February 7, 2018. Applicability of State Plans § 60.2550 What CISWI units must I address in my state plan? (a) Your state plan must address incineration units that meet all three criteria described in paragraphs (a)(1) through (3) of this section: (1) CISWI units and air curtain incinerators in your state that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013; (2) Incineration units that meet the definition of a CISWI unit as defined in § 60.2875; and (3) Incineration units not exempt under § 60.2555. (b) If the owner or operator of a CISWI unit or air curtain incinerator makes changes that meet the definition of modification or reconstruction after August 7, 2013, the CISWI unit becomes subject to subpart CCCC of this part and the state plan no longer applies to that unit. (c) If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to comply with your state plan, subpart CCCC of this part does not apply to that unit. Such changes do not qualify as modifications or reconstructions under subpart CCCC of this part. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2555 What combustion units are exempt from my state plan? This subpart exempts the types of units described in paragraphs (a), (c) through (i), (m), and (n) of this section, but some units are required to provide notifications. Air curtain incinerators are exempt from the requirements in this subpart except for the provisions in §§ 60.2805, 60.2860, and 60.2870: (a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 radioactive waste, and/or chemotherapeutic waste as defined in § 60.2875 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section: (1) Notify the Administrator that the unit meets these criteria; and (2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/ or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. (b) [Reserved] (c) Municipal waste combustion units. Incineration units that are subject to subpart Ea of this part (Standards of Performance for Municipal Waste Combustors); subpart Eb of this part (Standards of Performance for Large Municipal Waste Combustors); subpart Cb of this part (Emission Guidelines and Compliance Time for Large Municipal Combustors); AAAA of this part (Standards of Performance for Small Municipal Waste Combustion Units); or subpart BBBB of this part (Emission Guidelines for Small Municipal Waste Combustion Units). (d) Medical waste incineration units. Incineration units regulated under subpart Ec of this part (Standards of Performance for Hospital/Medical/ Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or subpart Ca of this part (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators). (e) Small power production facilities. Units that meet the three requirements specified in paragraphs (e)(1) through (4) of this section: (1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)); (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity; (3) You submit documentation to the Administrator notifying the Agency that the qualifying small power production facility is combusting homogenous waste; and (4) You maintain the records specified in § 60.2740(v). (f) Cogeneration facilities. Units that meet the three requirements specified in paragraphs (f)(1) through (4) of this section: (1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)); (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 other forms of energy used for industrial, commercial, heating, or cooling purposes; (3) You submit documentation to the Administrator notifying the Agency that the qualifying cogeneration facility is combusting homogenous waste; and (4) You maintain the records specified in § 60.2740(w). (g) Hazardous waste combustion units. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act. (h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. (i) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in paragraphs (i)(1) through (3) of this section are only required to meet the requirements under § 60.2805 and under ‘‘Air Curtain Incinerators’’ (§§ 60.2810 through 60.2870): (1) 100 percent wood waste; (2) 100 percent clean lumber; and (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. (j)–(l) [Reserved] (m) Sewage treatment plants . Incineration units regulated under subpart O of this part (Standards of Performance for Sewage Treatment Plants). (n) Sewage sludge incineration units. Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to subpart LLLL of this part (Standards of Performance for New Sewage Sludge Incineration Units) or subpart MMMM of this part (Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units). (o) Other solid waste incineration units. Incineration units that are subject to subpart EEEE of this part (Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF of this part (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004). Use of Model Rule § 60.2560 subpart? What is the ‘‘model rule’’ in this (a) The model rule is the portion of these emission guidelines (§§ 60.2575 through 60.2875) that addresses the E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations regulatory requirements applicable to CISWI units. The model rule provides these requirements in regulation format. You must develop a state plan that is at least as protective as the model rule. You may use the model rule language as part of your state plan. Alternative language may be used in your state plan if you demonstrate that the alternative language is at least as protective as the model rule contained in this subpart. (b) In the model rule of §§ 60.2575 to 60.2875, ‘‘you’’ means the owner or operator of a CISWI unit. § 60.2565 How does the model rule relate to the required elements of my state plan? Use the model rule to satisfy the state plan requirements specified in § 60.2515(a)(4) and (5). § 60.2570 What are the principal components of the model rule? The model rule contains the eleven major components listed in paragraphs (a) through (k) of this section: (a) Increments of progress toward compliance; (b) Waste management plan; (c) Operator training and qualification; (d) Emission limitations and operating limits; (e) Performance testing; (f) Initial compliance requirements; (g) Continuous compliance requirements; (h) Monitoring; (i) Recordkeeping and reporting; (j) Definitions; and (k) Tables. (b) Any items required to be submitted with each increment of progress; and (c) Signature of the owner or operator of the CISWI unit. § 60.2590 When must I submit the notifications of achievement of increments of progress? Notifications for achieving increments of progress must be postmarked no later than 10 business days after the compliance date for the increment. § 60.2595 What if I do not meet an increment of progress? If you fail to meet an increment of progress, you must submit a notification to the Administrator postmarked within 10 business days after the date for that increment of progress in table 1 of this subpart. You must inform the Administrator that you did not meet the increment, and you must continue to submit reports each subsequent calendar month until the increment of progress is met. § 60.2600 How do I comply with the increment of progress for submittal of a control plan? § 60.2580 When must I complete each increment of progress? For your control plan increment of progress, you must satisfy the two requirements specified in paragraphs (a) and (b) of this section: (a) Submit the final control plan that includes the five items described in paragraphs (a)(1) through (5) of this section: (1) A description of the devices for air pollution control and process changes that you will use to comply with the emission limitations and other requirements of this subpart; (2) The type(s) of waste to be burned; (3) The maximum design waste burning capacity; (4) The anticipated maximum charge rate; and (5) If applicable, the petition for sitespecific operating limits under § 60.2680. (b) Maintain an onsite copy of the final control plan. Table 1 of this subpart specifies compliance dates for each of the increments of progress. § 60.2605 How do I comply with the increment of progress for achieving final compliance? Model Rule—Increments of Progress § 60.2575 What are my requirements for meeting increments of progress and achieving final compliance? asabaliauskas on DSK3SPTVN1PROD with RULES If you plan to achieve compliance more than 1 year following the effective date of state plan approval, you must meet the two increments of progress specified in paragraphs (a) and (b) of this section: (a) Submit a final control plan; and (b) Achieve final compliance. § 60.2585 What must I include in the notifications of achievement of increments of progress? Your notification of achievement of increments of progress must include the three items specified in paragraphs (a) through (c) of this section: (a) Notification that the increment of progress has been achieved; VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 For the final compliance increment of progress, you must complete all process changes and retrofit construction of control devices, as specified in the final control plan, so that, if the affected CISWI unit is brought online, all necessary process changes and air pollution control devices would operate as designed. PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 41005 § 60.2610 What must I do if I close my CISWI unit and then restart it? (a) If you close your CISWI unit but will restart it prior to the final compliance date in your state plan, you must meet the increments of progress specified in § 60.2575. (b) If you close your CISWI unit but will restart it after your final compliance date, you must complete emission control retrofits and meet the emission limitations and operating limits on the date your unit restarts operation. § 60.2615 What must I do if I plan to permanently close my CISWI unit and not restart it? If you plan to close your CISWI unit rather than comply with the state plan, submit a closure notification, including the date of closure, to the Administrator by the date your final control plan is due. Model Rule—Waste Management Plan § 60.2620 plan? What is a waste management A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste. § 60.2625 When must I submit my waste management plan? You must submit a waste management plan no later than the date specified in table 1 of this subpart for submittal of the final control plan. § 60.2630 What should I include in my waste management plan? A waste management plan must include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan must identify any additional waste management measures, and the source must implement those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have. Model Rule—Operator Training and Qualification § 60.2635 What are the operator training and qualification requirements? (a) No CISWI unit can be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility E:\FR\FM\23JNR2.SGM 23JNR2 41006 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations within 1 hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you must follow the procedures in § 60.2665. (b) Operator training and qualification must be obtained through a stateapproved program or by completing the requirements included in paragraph (c) of this section. (c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (3) of this section: (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) through (xi) of this section: (i) Environmental concerns, including types of emissions; (ii) Basic combustion principles, including products of combustion; (iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures; (iv) Combustion controls and monitoring; (v) Operation of air pollution control equipment and factors affecting performance (if applicable); (vi) Inspection and maintenance of the incinerator and air pollution control devices; (vii) Actions to prevent and correct malfunctions or to prevent conditions that may lead to malfunctions; (viii) Bottom and fly ash characteristics and handling procedures; (ix) Applicable federal, state, and local regulations, including Occupational Safety and Health Administration workplace standards; (x) Pollution prevention; and (xi) Waste management practices. (2) An examination designed and administered by the instructor. (3) Written material covering the training course topics that can serve as reference material following completion of the course. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2640 When must the operator training course be completed? The operator training course must be completed by the later of the three dates specified in paragraphs (a) through (c) of this section: (a) The final compliance date (Increment 2); (b) Six months after CISWI unit startup; and (c) Six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 supervising the operation of the CISWI unit. § 60.2645 How do I obtain my operator qualification? (a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 60.2635(b). (b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 60.2635(c)(2). § 60.2650 How do I maintain my operator qualification? To maintain qualification, you must complete an annual review or refresher course covering, at a minimum, the five topics described in paragraphs (a) through (e) of this section: (a) Update of regulations; (b) Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling; (c) Inspection and maintenance; (d) Prevention and correction of malfunctions or conditions that may lead to malfunction; and (e) Discussion of operating problems encountered by attendees. § 60.2655 How do I renew my lapsed operator qualification? You must renew a lapsed operator qualification by one of the two methods specified in paragraphs (a) and (b) of this section: (a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in § 60.2650; and (b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 60.2645(a). § 60.2660 What site-specific documentation is required? (a) Documentation must be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in paragraphs (a)(1) through (10) of this section. You must maintain this information and the training records required by paragraph (c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request: (1) Summary of the applicable standards under this subpart; (2) Procedures for receiving, handling, and charging waste; (3) Incinerator startup, shutdown, and malfunction procedures; (4) Procedures for maintaining proper combustion air supply levels; (5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart; PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 (6) Monitoring procedures for demonstrating compliance with the incinerator operating limits; (7) Reporting and recordkeeping procedures; (8) The waste management plan required under §§ 60.2620 through 60.2630; (9) Procedures for handling ash; and (10) A list of the wastes burned during the performance test. (b) You must establish a program for reviewing the information listed in paragraph (a) of this section with each incinerator operator: (1) The initial review of the information listed in paragraph (a) of this section must be conducted by the later of the three dates specified in paragraphs (b)(1)(i) through (iii) of this section: (i) The final compliance date (Increment 2); (ii) Six months after CISWI unit startup; and (iii) Six months after being assigned to operate the CISWI unit. (2) Subsequent annual reviews of the information listed in paragraph (a) of this section must be conducted no later than 12 months following the previous review. (c) You must also maintain the information specified in paragraphs (c)(1) through (3) of this section: (1) Records showing the names of CISWI unit operators who have completed review of the information in § 60.2660(a) as required by § 60.2660(b), including the date of the initial review and all subsequent annual reviews; (2) Records showing the names of the CISWI operators who have completed the operator training requirements under § 60.2635, met the criteria for qualification under § 60.2645, and maintained or renewed their qualification under § 60.2650 or § 60.2655. Records must include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications; and (3) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours. § 60.2665 What if all the qualified operators are temporarily not accessible? If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs (a) and (b) of this section, depending on the length of time that a qualified operator is not accessible: E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (a) When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in § 60.2660(a) within the past 12 months. However, you must record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under § 60.2770; (b) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in paragraphs (b)(1) and (2) of this section: (1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible; 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 CISWI unit. You must submit the first status report 4 weeks after you notify the Administrator of the deviation under paragraph (b)(1) of this section. If the Administrator notifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in paragraphs (b)(2)(i) and (ii) of this section: (i) A qualified operator is accessible as required under § 60.2635(a); and (ii) You notify the Administrator that a qualified operator is accessible and that you are resuming operation. Model Rule—Emission Limitations and Operating Limits asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2670 What emission limitations must I meet and by when? (a) You must meet the emission limitations for each CISWI unit, including bypass stack or vent, specified in table 2 of this subpart or tables 6 through 9 of this subpart by the final compliance date under the approved state plan, federal plan, or delegation, as applicable. The emission limitations apply at all times the unit is operating including and not limited to startup, shutdown, or malfunction. (b) Units that do not use wet scrubbers must maintain opacity to less VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 than or equal to the percent opacity (three 1-hour blocks consisting of ten 6minute average opacity values) specified in table 2 of this subpart, as applicable. § 60.2675 What operating limits must I meet and by when? (a) If you use a wet scrubber(s) to comply with the emission limitations, you must establish operating limits for up to four operating parameters (as specified in table 3 of this subpart) as described in paragraphs (a)(1) through (4) of this section during the initial performance test: (1) Maximum charge rate, calculated using one of the two different procedures in paragraph (a)(1)(i) or (ii) of this section, as appropriate: (i) For continuous and intermittent units, maximum charge rate is 110 percent of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations; and (ii) For batch units, maximum charge rate is 110 percent of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (2) Minimum pressure drop across the wet particulate matter scrubber, which is calculated as the lowest 1-hour average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as the lowest 1-hour average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. (3) Minimum scrubber liquid flow rate, which is calculated as the lowest 1-hour average liquid flow rate at the inlet to the wet acid gas or particulate matter scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-hour average liquor pH at the inlet to the wet acid gas scrubber measured during the most recent performance test demonstrating compliance with the HCl emission limitation. (b) You must meet the operating limits established during the initial performance test on the date the initial performance test is required or completed (whichever is earlier). You must conduct an initial performance evaluation of each continuous monitoring system and continuous PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 41007 parameter monitoring system within 60 days of installation of the monitoring system. (c) If you use a fabric filter to comply with the emission limitations and you do not use a PM CPMS for monitoring PM compliance, you must operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action. (d) If you use an electrostatic precipitator to comply with the emission limitations and you do not use a PM CPMS for monitoring PM compliance, you must measure the (secondary) voltage and amperage of the electrostatic precipitator collection plates during the particulate matter performance test. Calculate the average electric power value (secondary voltage × secondary current = secondary electric power) for each test run. The operating limit for the electrostatic precipitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. (e) If you use activated carbon sorbent injection to comply with the emission limitations, you must measure the sorbent flow rate during the performance testing. The operating limit for the carbon sorbent injection is calculated as the lowest 1-hour average sorbent flow rate measured during the most recent performance test demonstrating compliance with the mercury emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate (e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (f) If you use selective noncatalytic reduction to comply with the emission limitations, you must measure the charge rate, the secondary chamber temperature (if applicable to your CISWI unit), and the reagent flow rate during the nitrogen oxides performance testing. The operating limits for the selective noncatalytic reduction are calculated as the highest 1-hour average charge rate, lowest secondary chamber temperature, E:\FR\FM\23JNR2.SGM 23JNR2 41008 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations n = the number of data points. PM concentration from your three compliance tests, determine a relationship of mg/dscm per milliamp or digital signal equivalent, with equation 2: Where: R = the relative mg/dscm per milliamp, or the digital equivalent, for your PM CPMS, Y1 = the three run average mg/dscm PM concentration, X1 = the three run average milliamp output, or the digital equivalent, from you PM CPMS, and z = the milliamp or digital signal equivalent of your instrument zero determined from paragraph (i)(2)(i) of this section. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 (iii) With your instrument zero expressed in milliamps, or the digital equivalent, your three run average PM CPMS milliamp value, or its digital equivalent, and your three run average (iv) Determine your source specific 30-day rolling average operating limit using the mg/dscm per milliamp value, or per digital signal equivalent, from PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 equation 2 in equation 3, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit: E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.009</GPH> signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS output values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 or performance test with the procedures in (i)(1)through (5) of this section: (i) Determine your instrument zero output with one of the following procedures: (A) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench; (B) Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air; (C) The zero point can also can be established obtained by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations (e.g., when your process is not operating, but the fans are operating or your source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept; and (D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of this section are possible, you must use a zero output value provided by the manufacturer. (ii) Determine your PM CPMS instrument average in milliamps, or the digital equivalent, and the average of your corresponding three PM compliance test runs, using equation 1: ER23JN16.008</GPH> the PM limit, record all hourly average output values (milliamps, or the digital signal equivalent) from the PM CPMS for the periods corresponding to the test runs (e.g., three 1-hour average PM CPMS output values for three 1-hour test runs): (i) Your PM CPMS must provide a 4– 20 milliamp output, or the digital signal equivalent, and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps or digital bits; (ii) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to at least two times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to two times your allowable emission limit; and (iii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp output values, or their digital equivalent, from the PM CPMS for the periods corresponding to the compliance test runs (e.g., average all your PM CPMS output values for three corresponding 2-hour Method 5I test runs). (2) If the average of your three PM performance test runs are below 75 percent of your PM emission limit, you must calculate an operating limit by establishing a relationship of PM CPMS Where: X1 = the PM CPMS output data points for the three runs constituting the performance test, Y1 = the PM concentration value for the three runs constituting the performance test, and asabaliauskas on DSK3SPTVN1PROD with RULES and lowest reagent flow rate measured during the most recent performance test demonstrating compliance with the nitrogen oxides emission limitations. (g) If you use a dry scrubber to comply with the emission limitations, you must measure the injection rate of each sorbent during the performance testing. The operating limit for the injection rate of each sorbent is calculated as the lowest 1-hour average injection rate of each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate (e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (h) If you do not use a wet scrubber, electrostatic precipitator, or fabric filter to comply with the emission limitations, and if you do not determine compliance with your particulate matter emission limitation with either a particulate matter CEMS or a particulate matter CPMS, you must maintain opacity to less than or equal to ten percent opacity (1-hour block average). (i) If you use a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (i)(1) through (5) of this section: (1) During the initial performance test or any such subsequent performance test that demonstrates compliance with Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES 18:31 Jun 22, 2016 Jkt 238001 (a) If you use an air pollution control device other than a wet scrubber, activated carbon injection, selective noncatalytic reduction, fabric filter, an electrostatic precipitator, or a dry scrubber or limit emissions in some other manner, including mass balances, to comply with the emission limitations under § 60.2670, you must petition the EPA Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You must submit the petition at least sixty days before the performance test is scheduled to begin. Your petition must include the five items listed in paragraphs (a)(1) through (5) of this section: (1) Identification of the specific parameters you propose to use as additional operating limits; (2) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of regulated pollutants; (3) A discussion of how you will establish the upper and/or lower values for these parameters which will establish the operating limits on these parameters; (4) A discussion identifying the methods you will use to measure and the instruments you will use to monitor PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 these parameters, as well as the relative accuracy and precision of these methods and instruments; and (5) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters. (b) [Reserved] Model Rule—Performance Testing § 60.2690 How do I conduct the initial and annual performance test? (a) All performance tests must consist of a minimum of three test runs conducted under conditions representative of normal operations. (b) You must document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as required in § 60.2740(b)(1)) and the types of waste burned during the performance test. (c) All performance tests must be conducted using the minimum run duration specified in tables 2 and 6 through 9 of this subpart. (d) Method 1 of appendix A of this part must be used to select the sampling location and number of traverse points. (e) Method 3A or 3B of appendix A of this part must be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B of appendix A of this part must be used simultaneously with each method. (f) All pollutant concentrations, except for opacity, must be adjusted to 7 percent oxygen using equation 5 of this section: E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.012</GPH> § 60.2680 What if I do not use a wet scrubber, fabric filter, activated carbon injection, selective noncatalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations? (4) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps or digital signal bits, PM concentration, raw data signal) on a 30day rolling average basis. (5) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g., beta attenuation), span of the instruments primary analytical range, milliamp or digital signal value equivalent to the instrument zero output, technique by which this zero value was determined, and the average milliamp or digital signals corresponding to each PM compliance test run. VerDate Sep<11>2014 (3) If the average of your three PM compliance test runs is at or above 75 percent of your PM emission limit you must determine your operating limit by averaging the PM CPMS milliamp or digital signal output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using equation 4 and you must submit all compliance test and PM CPMS data according to the reporting requirements in paragraph (i)(5) of this section: ER23JN16.011</GPH> Where: X1 = the PM CPMS data points for all runs i, n = the number of data points, and Oh = your site specific operating limit, in milliamps or digital signal equivalent. R = the relative mg/dscm per milliamp, or per digital signal output equivalent, for your PM CPMS, from equation 2. ER23JN16.010</GPH> Where: Ol = the operating limit for your PM CPMS on a 30-day rolling average, in milliamps or their digital signal equivalent, L = your source emission limit expressed in mg/dscm, z = your instrument zero in milliamps or digital equivalent, determined from paragraph (i)(2)(i) of this section, and 41009 41010 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES Where: Cadj = pollutant concentration adjusted to 7 percent oxygen; Cmeas = pollutant concentration measured on a dry basis; (20.9¥7) = 20.9 percent oxygen¥7 percent oxygen (defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; and %O2 = oxygen concentration measured on a dry basis, percent. (g) You must determine dioxins/ furans toxic equivalency by following the procedures in paragraphs (g)(1) through (4) of this section: (1) Measure the concentration of each dioxin/furan tetra- through octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A; (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. [Note: You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.]; (3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer measured in accordance with paragraph (g)(1) and (2) of this section, multiply the isomer concentration by its corresponding toxic equivalency factor specified in table 4 of this subpart; and (4) Sum the products calculated in accordance with paragraph (g)(3) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. (h) Method 22 at 40 CFR part 60, appendix A–7 must be used to determine compliance with the fugitive ash emission limit in table 2 of this subpart or tables 6 through 9 of this subpart. (i) If you have an applicable opacity operating limit, you must determine compliance with the opacity limit using Method 9 at 40 CFR part 60, appendix A–4, based on three 1-hour blocks consisting of ten 6-minute average opacity values, unless you are required to install a continuous opacity monitoring system, consistent with § 60.2710 and § 60.2730. (j) You must determine dioxins/furans total mass basis by following the procedures in paragraphs (j)(1) through (3) of this section: (1) Measure the concentration of each dioxin/furan tetra- through octachlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A–7; (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.); and (3) Sum the quantities measured in accordance with paragraphs (j)(1) and (2) of this section to obtain the total concentration of dioxins/furans emitted in terms of total mass basis. from the date you reintroduce that solid waste. (c) If you commence or recommence combusting a solid waste at an existing combustion unit at any commercial or industrial facility and you have not conducted a performance test consistent with the provisions of this subpart while combusting the given solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, you must conduct a performance test within 60 days from the date you reintroduce solid waste. § 60.2695 How are the performance test data used? § 60.2706 By what date must I conduct the initial air pollution control device inspection? You use results of performance tests to demonstrate compliance with the emission limitations in table 2 of this subpart or tables 6 through 9 of this subpart. Model Rule—Initial Compliance Requirements § 60.2700 How do I demonstrate initial compliance with the amended emission limitations and establish the operating limits? You must conduct a performance test, as required under §§ 60.2670 and 60.2690, to determine compliance with the emission limitations in table 2 of this subpart and tables 6 through 9 of this subpart, to establish compliance with any opacity operating limits in § 60.2675, to establish the kiln-specific emission limit in § 60.2710(y), as applicable, and to establish operating limits using the procedures in § 60.2675 or § 60.2680. The performance test must be conducted using the test methods listed in table 2 of this subpart and tables 6 through 9 of this subpart and the procedures in § 60.2690. The use of the bypass stack during a performance test shall invalidate the performance test. You must conduct a performance evaluation of each continuous monitoring system within 60 days of installation of the monitoring system. § 60.2705 By what date must I conduct the initial performance test? (a) The initial performance test must be conducted no later than 180 days after your final compliance date. Your final compliance date is specified in table 1 of this subpart. (b) If you commence or recommence combusting a solid waste at an existing combustion unit at any commercial or industrial facility and you conducted a test consistent with the provisions of this subpart while combusting the given solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, you do not need to retest until 6 months PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 (a) The initial air pollution control device inspection must be conducted within 60 days after installation of the control device and the associated CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after the final compliance date for meeting the amended emission limitations. (b) Within 10 operating days following an air pollution control device inspection, all necessary repairs must be completed unless the owner or operator obtains written approval from the state agency establishing a date whereby all necessary repairs of the designated facility must be completed. Model Rule—Continuous Compliance Requirements § 60.2710 How do I demonstrate continuous compliance with the amended emission limitations and the operating limits? (a) Compliance with standards. (1) The emission standards and operating requirements set forth in this subpart apply at all times. (2) If you cease combusting solid waste you may opt to remain subject to the provisions of this subpart. Consistent with the definition of CISWI unit, you are subject to the requirements of this subpart at least 6 months following the last date of solid waste combustion. Solid waste combustion is ceased when solid waste is not in the combustion chamber (i.e., the solid waste feed to the combustor has been cut off for a period of time not less than the solid waste residence time). (3) If you cease combusting solid waste you must be in compliance with any newly applicable standards on the effective date of the waste-to-fuel switch. The effective date of the wasteto-fuel switch is a date selected by you, that must be at least 6 months from the date that you ceased combusting solid waste, consistent with § 60.2710(a)(2). Your source must remain in compliance E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations with this subpart until the effective date of the waste-to-fuel switch. (4) If you own or operate an existing commercial or industrial combustion unit that combusted a fuel or non-waste material, and you commence or recommence combustion of solid waste, you are subject to the provisions of this subpart as of the first day you introduce or reintroduce solid waste to the combustion chamber, and this date constitutes the effective date of the fuelto-waste switch. You must complete all initial compliance demonstrations for any Section 112 standards that are applicable to your facility before you commence or recommence combustion of solid waste. You must provide 30 days prior notice of the effective date of the waste-to-fuel switch. The notification must identify: (i) The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice; (ii) The currently applicable subcategory under this subpart, and any 40 CFR part 63 subpart and subcategory that will be applicable after you cease combusting solid waste; (iii) The fuel(s), non-waste material(s) and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non-waste materials the unit will commence combusting; (iv) The date on which you became subject to the currently applicable emission limits; (v) The date upon which you will cease combusting solid waste, and the date (if different) that you intend for any new requirements to become applicable (i.e., the effective date of the waste-tofuel switch), consistent with paragraphs (a)(2) and (3) of this section. (5) All air pollution control equipment necessary for compliance with any newly applicable emissions limits which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch. (6) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-to-fuel, or fuel-to-waste switch. All calibration and drift checks must be performed as of the effective date of the waste-to-fuel, or fuel-to-waste switch. Relative accuracy tests must be performed as of the VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate continuous compliance with the particulate matter emission limits). Relative accuracy testing for other CEMS need not be repeated if that testing was previously performed consistent with section 112 monitoring requirements or monitoring requirements under this subpart. (b) You must conduct an annual performance test for the pollutants listed in table 2 of this subpart or tables 6 through 9 of this subpart and opacity for each CISWI unit as required under § 60.2690. The annual performance test must be conducted using the test methods listed in table 2 of this subpart or tables 6 through 9 of this subpart and the procedures in § 60.2690. Opacity must be measured using EPA Reference Method 9 at 40 CFR part 60. Annual performance tests are not required if you use CEMS or continuous opacity monitoring systems to determine compliance. (c) You must continuously monitor the operating parameters specified in § 60.2675 or established under § 60.2680 and as specified in § 60.2735. Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the established operating limits. Three-hour block average values are used to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under § 60.2680 or, for energy recovery units, where the averaging time for each operating parameter is a 30-day rolling, calculated each hour as the average of the previous 720 operating hours over the previous 30 days of operation. Operation above the established maximum, below the established minimum, or outside the allowable range of the operating limits specified in paragraph (a) of this section constitutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. Operating limits are confirmed or reestablished during performance tests. (d) You must burn only the same types of waste and fuels used to establish subcategory applicability (for ERUs) and operating limits during the performance test. (e) For energy recovery units, incinerators, and small remote units, you must perform annual visual emissions test for ash handling. (f) For energy recovery units, you must conduct an annual performance PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 41011 test for opacity using EPA Reference Method 9 at 40 CFR part 60 (except where particulate matter continuous monitoring system or continuous parameter monitoring systems are used) and the pollutants listed in table 7 of this subpart. (g) For facilities using a CEMS to demonstrate compliance with the carbon monoxide emission limit, compliance with the carbon monoxide emission limit may be demonstrated by using the CEMS according to the following requirements: (1) You must measure emissions according to § 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must demonstrate initial compliance with the carbon monoxide emissions limit using a 30day rolling average of the 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7. (2) Operate the carbon monoxide continuous emissions monitoring system in accordance with the applicable requirements of performance specification 4A of appendix B and the quality assurance procedures of appendix F of this part. (h) Coal and liquid/gas energy recovery units with annual average heat input rates greater than 250 MMBtu/hr may elect to demonstrate continuous compliance with the particulate matter emissions limit using a particulate matter CEMS according to the procedures in § 60.2730(n) instead of the continuous parameter monitoring system specified in § 60.2710(i). Coal and liquid/gas energy recovery units with annual average heat input rates less than 250 MMBtu/hr, incinerators, and small remote incinerators may also elect to demonstrate compliance using a particulate matter CEMS according to the procedures in § 60.2730(n) instead of particulate matter testing with EPA Method 5 at 40 CFR part 60, appendix A–3 and, if applicable, the continuous opacity monitoring requirements in paragraph (i) of this section. (i) For energy recovery units with annual average heat input rates greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you must install, operate, certify and maintain a continuous opacity monitoring system (COMS) according to the procedures in § 60.2730. E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (j) For waste-burning kilns, you must conduct an annual performance test for the pollutants (except mercury and particulate matter, and hydrogen chloride if no acid gas wet scrubber is used) listed in table 8 of this subpart. If you do not use an acid gas wet scrubber or dry scrubber, you must determine compliance with the hydrogen chloride emissions limit according to the requirements in paragraph (j)(1) of this section. You must determine compliance with the mercury emissions limit using a mercury CEMS according to paragraph (j)(2) of this section. You must determine compliance with particulate matter using CPMS: (1) If you monitor compliance with the HCl emissions limit by operating an HCl CEMS, you must do so in accordance with Performance Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of appendix B to 40 CFR part 60. You must operate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to 40 CFR part 60 except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, maintain and quality assure a HCl CEMS installed and certified under PS 18 according to the quality assurance requirements in Procedure 6 of appendix F to 40 CFR part 60. For any performance specification that you use, you must use Method 321 of appendix A to 40 CFR part 63 as the reference test method for conducting relative accuracy testing. The span value and calibration requirements in paragraphs (j)(1)(i) and (ii) of this section apply to all HCl CEMS used under this subpart: (i) You must use a measurement span value for any HCl CEMS of 0–10 ppmvw unless the monitor is installed on a kiln without an inline raw mill. Kilns without an inline raw mill may use a higher span value sufficient to quantify all expected emissions concentrations. The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during ‘‘mill off’’ conditions. The corresponding data recorder range shall be documented in the site-specific monitoring plan and associated records; and (ii) In order to quality assure data measured above the span value, you must use one of the three options in paragraphs (j)(1)(ii)(A) through (C) of this section: (A) Include a second span that encompasses the HCl emission concentrations expected to be encountered during ‘‘mill off’’ conditions. This second span may be rounded to a multiple of 5 ppm of total HCl. The requirements of the appropriate HCl monitor performance specification shall be followed for this second span with the exception that a RATA with the mill off is not required; (B) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (j)(1)(i) of this section using the following procedure. Conduct a weekly ‘‘above span linearity’’ calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75% of the highest measured hourly concentration. The ‘‘above span’’ reference gas must meet the requirements of the applicable performance specification and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The ‘‘above span linearity’’ challenge is successful if the value measured by the HCl CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the HCl CEMS during the above span linearity challenge exceeds 10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new ‘‘above span linearity’’ challenge met before returning the HCl CEMS to service, or data above span from the HCl CEMS must be subject to the quality assurance procedures established in (j)(1)(ii)(D) of this section. In this manner values measured by the HCl CEMS during the above span linearity challenge exceeding +/¥20 percent of the certified value of the reference gas must be normalized using equation 6; (C) Quality assure any data above the span value established in paragraph (j)(1)(i) of this section using the following procedure. Any time two consecutive one-hour average measured concentration of HCl exceeds the span value you must, within 24 hours before or after, introduce a higher, ‘‘above span’’ HCl reference gas standard to the HCl CEMS. The ‘‘above span’’ reference gas must meet the requirements of the applicable performance specification and target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include above span calibrations done before or after the above-span measurement period. Record and report the results of this procedure as you would for a daily calibration. The ‘‘above span’’ calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph (j)(1)(ii)(D) of this section. If the ‘‘above span’’ calibration is conducted during the period when measured emissions are above span and there is a failure to collect the one data point in an hour due to the calibration duration, then you must determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour. In an hour where an ‘‘above span’’ calibration is being conducted and one or more data points are collected, the emissions average is represented by the average of all valid data points collected in that hour; and (D) In the event that the ‘‘above span’’ calibration is not successful (i.e., the HCl CEMS measured value is not within 20 percent of the certified value of the reference gas), then you must normalize the one-hour average stack gas values measured above the span during the 24hour period preceding or following the ‘‘above span’’ calibration for reporting based on the HCl CEMS response to the reference gas as shown in equation 6: Only one ‘‘above span’’ calibration is needed per 24-hour period. (2) Compliance with the mercury emissions limit must be determined using a mercury CEMS according to the following requirements: VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.013</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 41012 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (i) You must operate a CEMS in accordance with performance specification 12A at 40 CFR part 60, appendix B or a sorbent trap based integrated monitor in accordance with performance specification 12B at 40 CFR part 60, appendix B. The duration of the performance test must be a calendar month. For each calendar month in which the waste-burning kiln operates, hourly mercury concentration data and stack gas volumetric flow rate data must be obtained. You must demonstrate compliance with the mercury emissions limit using a 30-day rolling average of these 1-hour mercury concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 of this part. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content; (ii) Owners or operators using a mercury continuous emissions monitoring systems must install, operate, calibrate and maintain an instrument for continuously measuring and recording the mercury mass emissions rate to the atmosphere according to the requirements of performance specifications 6 and 12A at 40 CFR part 60, appendix B and quality assurance procedure 5 at 40 CFR part 60, appendix F; and (iii) The owner or operator of a wasteburning kiln must demonstrate initial compliance by operating a mercury CEMS while the raw mill of the in-line kiln/raw mill is operating under normal conditions and including at least one period when the raw mill is off. (k) If you use an air pollution control device to meet the emission limitations in this subpart, you must conduct an initial and annual inspection of the air pollution control device. The inspection must include, at a minimum, the following: (1) Inspect air pollution control device(s) for proper operation; and (2) Develop a site-specific monitoring plan according to the requirements in paragraph (l) of this section. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under § 60.13(i). (l) For each CMS required in this section, you must develop and submit to the EPA Administrator for approval a site-specific monitoring plan according to the requirements of this paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this section: VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 (1) You must submit this site-specific monitoring plan at least 60 days before your initial performance evaluation of your continuous monitoring system: (i) Installation of the continuous monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); (ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer and the data collection and reduction systems; (iii) Performance evaluation procedures and acceptance criteria (e.g., calibrations); (iv) Ongoing operation and maintenance procedures in accordance with the general requirements of § 60.11(d); (v) Ongoing data quality assurance procedures in accordance with the general requirements of § 60.13; and (vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 60.7(b),(c), (c)(1), (c)(4), (d), (e), (f) and (g). (2) You must conduct a performance evaluation of each continuous monitoring system in accordance with your site-specific monitoring plan. (3) You must operate and maintain the continuous monitoring system in continuous operation according to the site-specific monitoring plan. (m) If you have an operating limit that requires the use of a flow monitoring system, you must meet the requirements in paragraphs (l) and (m)(1) through (4) of this section: (1) Install the flow sensor and other necessary equipment in a position that provides a representative flow; (2) Use a flow sensor with a measurement sensitivity at full scale of no greater than 2 percent; (3) Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and downstream disturbances; and (4) Conduct a flow monitoring system performance evaluation in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (n) If you have an operating limit that requires the use of a pressure monitoring system, you must meet the requirements in paragraphs (l) and (n)(1) through (6) of this section: (1) Install the pressure sensor(s) in a position that provides a representative measurement of the pressure (e.g., PM scrubber pressure drop); PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 41013 (2) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion; (3) Use a pressure sensor with a minimum tolerance of 1.27 centimeters of water or a minimum tolerance of 1 percent of the pressure monitoring system operating range, whichever is less; (4) Perform checks at the frequency outlined in your site-specific monitoring plan to ensure pressure measurements are not obstructed (e.g., check for pressure tap plugging daily); (5) Conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually; and (6) If at any time the measured pressure exceeds the manufacturer’s specified maximum operating pressure range, conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan and confirm that the pressure monitoring system continues to meet the performance requirements in your monitoring plan. Alternatively, install and verify the operation of a new pressure sensor. (o) If you have an operating limit that requires a pH monitoring system, you must meet the requirements in paragraphs (l) and (o)(1) through (4) of this section: (1) Install the pH sensor in a position that provides a representative measurement of scrubber effluent pH; (2) Ensure the sample is properly mixed and representative of the fluid to be measured; (3) Conduct a performance evaluation of the pH monitoring system in accordance with your monitoring plan at least once each process operating day; and (4) Conduct a performance evaluation (including a two-point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than quarterly. (p) If you have an operating limit that requires a secondary electric power monitoring system for an electrostatic precipitator, you must meet the requirements in paragraphs (l) and (p)(1) and (2) of this section: (1) Install sensors to measure (secondary) voltage and current to the precipitator collection plates; and (2) Conduct a performance evaluation of the electric power monitoring system in accordance with your monitoring plan at the time of each performance E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 41014 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations test but no less frequently than annually. (q) If you have an operating limit that requires the use of a monitoring system to measure sorbent injection rate (e.g., weigh belt, weigh hopper, or hopper flow measurement device), you must meet the requirements in paragraphs (l) and (q)(1) and (2) of this section: (1) Install the system in a position(s) that provides a representative measurement of the total sorbent injection rate; and (2) Conduct a performance evaluation of the sorbent injection rate monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (r) If you elect to use a fabric filter bag leak detection system to comply with the requirements of this subpart, you must install, calibrate, maintain, and continuously operate a bag leak detection system as specified in paragraphs (l) and (r)(1) through (5) of this section: (1) Install a bag leak detection sensor(s) in a position(s) that will be representative of the relative or absolute particulate matter loadings for each exhaust stack, roof vent, or compartment (e.g., for a positive pressure fabric filter) of the fabric filter; (2) Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less; (3) Conduct a performance evaluation of the bag leak detection system in accordance with your monitoring plan and consistent with the guidance provided in EPA–454/R–98–015 (incorporated by reference, see § 60.17); (4) Use a bag leak detection system equipped with a device to continuously record the output signal from the sensor; and (5) Use a bag leak detection system equipped with a system that will sound an alarm when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located where it is observed readily by plant operating personnel. (s) For facilities using a CEMS to demonstrate compliance with the sulfur dioxide emission limit, compliance with the sulfur dioxide emission limit may be demonstrated by using the CEMS specified in § 60.2730 to measure sulfur dioxide. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must calculate a 30-day rolling average of the 1-hour arithmetic VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7. The sulfur dioxide CEMS must be operated according to performance specification 2 in appendix B of this part and must follow the procedures and methods specified in paragraph (s) of this section. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for inlet sulfur dioxide CEMS should be no greater than 20 percent of the mean value of the reference method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the reference method and the CEMS, whichever is greater: (1) During each relative accuracy test run of the CEMS required by performance specification 2 in appendix B of this part, collect sulfur dioxide and oxygen (or carbon dioxide) data concurrently (or within a 30- to 60minute period) with both the CEMS and the test methods specified in paragraphs (s)(1)(i) and (ii) of this section: (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17) must be used; and (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10– 1981 (incorporated by reference, see § 60.17), as applicable, must be used. (2) The span value of the CEMS at the inlet to the sulfur dioxide control device must be 125 percent of the maximum estimated hourly potential sulfur dioxide emissions of the unit subject to this subpart. The span value of the CEMS at the outlet of the sulfur dioxide control device must be 50 percent of the maximum estimated hourly potential sulfur dioxide emissions of the unit subject to this subpart. (3) Conduct accuracy determinations quarterly and calibration drift tests daily in accordance with procedure 1 in appendix F of this part. (t) For facilities using a CEMS to demonstrate continuous compliance with the nitrogen oxides emission limit, compliance with the nitrogen oxides emission limit may be demonstrated by using the CEMS specified in § 60.2730 to measure nitrogen oxides. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must calculate a 30-day rolling average PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 of the 1-hour arithmetic average emission concentration using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7. The nitrogen oxides CEMS must be operated according to performance specification 2 in appendix B of this part and must follow the procedures and methods specified in paragraphs (t)(1) through (4) of this section: (1) During each relative accuracy test run of the CEMS required by performance specification 2 of appendix B of this part, collect nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or within a 30- to 60minute period) with both the CEMS and the test methods specified in paragraphs (t)(1)(i) and (ii) of this section: (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR part 60, appendix A–4 must be used; and (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10– 1981 (incorporated by reference, see § 60.17), as applicable, must be used. (2) The span value of the CEMS must be 125 percent of the maximum estimated hourly potential nitrogen oxide emissions of unit. (3) Conduct accuracy determinations quarterly and calibration drift tests daily in accordance with procedure 1 in appendix F of this part. (4) The owner or operator of an affected facility may request that compliance with the nitrogen oxides emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels must be established during the initial performance test according to the procedures and methods specified in paragraphs (t)(4)(i) through (iv) of this section. This relationship may be reestablished during performance compliance tests: (i) The fuel factor equation in Method 3B must be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17), as applicable, must be used to determine the oxygen concentration at the same location as the carbon dioxide monitor; (ii) Samples must be taken for at least 30 minutes in each hour; (iii) Each sample must represent a 1hour average; and (iv) A minimum of 3 runs must be performed. E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (u) For facilities using a continuous emissions monitoring system to demonstrate continuous compliance with any of the emission limits of this subpart, you must complete the following: (1) Demonstrate compliance with the appropriate emission limit(s) using a 30day rolling average of 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown, as defined in this subpart, calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content; and (2) Operate all CEMS in accordance with the applicable procedures under appendices B and F of this part. (v) Use of the bypass stack at any time is an emissions standards deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, SO2, and dioxin/furans. (w) For energy recovery units with a design heat input capacity of 100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, you must install, operate, and maintain an oxygen analyzer system as defined in § 60.2875 according to the procedures in paragraphs (w)(1) through (4) of this section: (1) The oxygen analyzer system must be installed by the initial performance test date specified in § 60.2675; (2) You must operate the oxygen trim system within compliance with paragraph (w)(3) of this section at all times; (3) You must maintain the oxygen level such that the 30-day rolling average that is established as the operating limit for oxygen is not below the lowest hourly average oxygen concentration measured during the most recent CO performance test; and (4) You must calculate and record a 30-day rolling average oxygen concentration using equation 19–19 in section 12.4.1 of EPA Reference Method 19 of Appendix A–7 of this part. (x) For energy recovery units with annual average heat input rates greater than or equal to 250 MMBtu/hour and waste-burning kilns, you must install, calibrate, maintain, and operate a PM CPMS and record the output of the system as specified in paragraphs (x)(1) through (8) of this section. For other energy recovery units, you may elect to use PM CPMS operated in accordance with this section. PM CPMS are suitable in lieu of using other CMS for monitoring PM compliance (e.g., bag VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 leak detectors, ESP secondary power, PM scrubber pressure): (1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with paragraphs (l) and (x)(1)(i) through (iii) of this section: (i) The operating principle of the PM CPMS must be based on in-stack or extractive light scatter, light scintillation, beta attenuation, or mass accumulation of the exhaust gas or representative sample. The reportable measurement output from the PM CPMS must be expressed as milliamps or the digital signal equivalent; (ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes; and (iii) The PM CPMS must be capable of detecting and responding to particulate matter concentrations increments no greater than 0.5 mg/actual cubic meter. (2) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, you must adjust the sitespecific operating limit in accordance with the results of the performance test according to the procedures specified in § 60.2675. (3) Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours. Express the PM CPMS output as milliamps or the digital signal equivalent. (4) Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or wasteburning kiln operating hours data (milliamps or their digital equivalent). (5) You must collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is operating and at the intervals specified in paragraph (x)(1)(ii) of this section, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in your sitespecific monitoring plan. (6) You must use all the data collected during all energy recovery unit or wasteburning kiln operating hours in assessing the compliance with your operating limit except: (i) Any data collected during monitoring system malfunctions, repairs associated with monitoring system PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 41015 malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are not used in calculations (report any such periods in your annual deviation report); (ii) Any data collected during periods when the monitoring system is out of control as specified in your site-specific monitoring plan, repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or quality control activities conducted during outof-control periods are not used in calculations (report emissions or operating levels and report any such periods in your annual deviation report); (iii) Any PM CPMS data recorded during periods of CEMS data during startup and shutdown, as defined in this subpart. (7) You must record and make available upon request results of PM CPMS system performance audits, as well as the dates and duration of periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return the PM CPMS to operation consistent with your site-specific monitoring plan. (8) For any deviation of the 30-day rolling average PM CPMS average value from the established operating parameter limit, you must: (i) Within 48 hours of the deviation, visually inspect the air pollution control device; (ii) If inspection of the air pollution control device identifies the cause of the deviation, take corrective action as soon as possible and return the PM CPMS measurement to within the established value; (iii) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify. Within 45 days of the deviation, you must reestablish the CPMS operating limit. You are not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under paragraph (x) of this section; and (iv) PM CPMS deviations leading to more than four required performance tests in a 12-month process operating period (rolling monthly) constitute a violation of this subpart. (y) When there is an alkali bypass and/or an in-line coal mill that exhaust emissions through a separate stack(s), the combined emissions are subject to E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the emission limits applicable to wasteburning kilns. To determine the kiln- specific emission limit for demonstrating compliance, you must: Where: Cks = Kiln stack concentration (ppmvd, mg/ dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2.) Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2.) Qcm = In-line coal mill flow rate (volume/hr) Ccm = In-line coal mill concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2.) Qks = Kiln stack flow rate (volume/hr) specified in § 60.2725. The Administrator may request a repeat performance test at any time; (2) You must repeat the performance test within 60 days of a process change, as defined in § 60.2875; and (3) If the initial or any subsequent performance test for any pollutant in table 2 or tables 6 through 9 of this subpart, as applicable, demonstrates that the emission level for the pollutant is no greater than the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) of this section, as applicable, and you are not required to conduct a performance test for the pollutant in response to a request by the Administrator in paragraph (a)(1) of this section or a process change in paragraph (a)(2) of this section, you may elect to skip conducting a performance test for the pollutant for the next 2 years. You must conduct a performance test for the pollutant during the third year and no more than 37 months following the previous performance test for the pollutant. For cadmium and lead, both cadmium and lead must be emitted at emission levels no greater than their respective emission levels specified in paragraph (a)(3)(i) of this section for you to qualify for less frequent testing under paragraph (a) of this section: (i) For particulate matter, hydrogen chloride, mercury, carbon monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/furans, the emission level equal to 75 percent of the applicable emission limit in table 2 or tables 6 through 9 of this subpart, as applicable, to this subpart; and (ii) For fugitive emissions, visible emissions (of combustion ash from the ash conveying system) for 2 percent of the time during each of the three 1-hour observation periods. (4) If you are conducting less frequent testing for a pollutant as provided in paragraph (a)(3) of this section and a subsequent performance test for the pollutant indicates that your CISWI unit does not meet the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) of this section, as applicable, you must conduct annual performance tests for the pollutant according to the schedule specified in paragraph (a) of this section until you qualify for less frequent testing for the pollutant as specified in paragraph (a)(3) of this section. (2) Particulate matter concentration must be measured downstream of the in-line coal mill. All other pollutant concentrations must be measured either upstream or downstream of the in-line coal mill. (3) For purposes of determining the combined emissions from kilns equipped with an alkali bypass or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS or PM CPMS on the alkali bypass stack or inline coal mill stack, the results of the initial and subsequent performance test can be used to demonstrate compliance with the relevant emissions limit. A performance test must be conducted on an annual basis (between 11 and 13 calendar months following the previous performance test). § 60.2715 By what date must I conduct the annual performance test? You must conduct annual performance tests between 11 and 13 months of the previous performance test. § 60.2716 By what date must I conduct the annual air pollution control device inspection? asabaliauskas on DSK3SPTVN1PROD with RULES On an annual basis (no more than 12 months following the previous annual air pollution control device inspection), you must complete the air pollution control device inspection as described in § 60.2706. § 60.2720 May I conduct performance testing less often? (a) You must conduct annual performance tests according to the schedule specified in § 60.2715, with the following exceptions: (1) You may conduct a repeat performance test at any time to establish new values for the operating limits to apply from that point forward, as VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 (1) Calculate a kiln-specific emission limit using equation 7: (b) [Reserved] § 60.2725 May I conduct a repeat performance test to establish new operating limits? (a) Yes. You may conduct a repeat performance test at any time to establish new values for the operating limits. The Administrator may request a repeat performance test at any time. (b) You must repeat the performance test if your feed stream is different than the feed streams used during any performance test used to demonstrate compliance. Model Rule—Monitoring § 60.2730 What monitoring equipment must I install and what parameters must I monitor? (a) If you are using a wet scrubber to comply with the emission limitation under § 60.2670, you must install, calibrate (to manufacturers’ specifications), maintain, and operate devices (or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in table 3 of this subpart. These devices (or methods) must measure and record the values for these operating parameters at the frequencies indicated in table 3 of this subpart at all times except as specified in § 60.2735(a). (b) If you use a fabric filter to comply with the requirements of this subpart and you do not use a PM CPMS for monitoring PM compliance, you must install, calibrate, maintain, and continuously operate a bag leak detection system as specified in paragraphs (b)(1) through (8) of this section: (1) You must install and operate a bag leak detection system for each exhaust stack of the fabric filter; (2) Each bag leak detection system must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer’s written specifications and recommendations; (3) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less; (4) The bag leak detection system sensor must provide output of relative or absolute particulate matter loadings; E:\FR\FM\23JNR2.SGM 23JNR2 ER23JN16.014</GPH> 41016 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (5) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor; (6) The bag leak detection system must be equipped with an alarm system that will alert automatically an operator when an increase in relative particulate matter emission over a preset level is detected. The alarm must be located where it is observed easily by plant operating personnel; (7) For positive pressure fabric filter systems, a bag leak detection system must be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter; and (8) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors. (c) If you are using something other than a wet scrubber, activated carbon, selective non-catalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations under § 60.2670, you must install, calibrate (to the manufacturers’ specifications), maintain, and operate the equipment necessary to monitor compliance with the site-specific operating limits established using the procedures in § 60.2680. (d) If you use activated carbon injection to comply with the emission limitations in this subpart, you must measure the minimum sorbent flow rate once per hour. (e) If you use selective noncatalytic reduction to comply with the emission limitations, you must complete the following: (1) Following the date on which the initial performance test is completed or is required to be completed under § 60.2690, whichever date comes first, ensure that the affected facility does not operate above the maximum charge rate, or below the minimum secondary chamber temperature (if applicable to your CISWI unit) or the minimum reagent flow rate measured as 3-hour block averages at all times; and (2) Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature and below the minimum reagent flow rate simultaneously constitute a violation of the nitrogen oxides emissions limit. (f) If you use an electrostatic precipitator to comply with the emission limits of this subpart and you do not use a PM CPMS for monitoring PM compliance, you must monitor the secondary power to the electrostatic precipitator collection plates and VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 maintain the 3-hour block averages at or above the operating limits established during the mercury or particulate matter performance test. (g) For waste-burning kilns not equipped with a wet scrubber or dry scrubber, in place of hydrogen chloride testing with EPA Method 321 at 40 CFR part 63, appendix A, an owner or operator must install, calibrate, maintain, and operate a CEMS for monitoring hydrogen chloride emissions, as specified in § 60.2710(j), discharged to the atmosphere and record the output of the system. To demonstrate continuous compliance with the hydrogen chloride emissions limit for units other than waste-burning kilns not equipped with a wet scrubber or dry scrubber, a facility may substitute use of a hydrogen chloride CEMS for conducting the hydrogen chloride annual performance test, monitoring the minimum hydrogen chloride sorbent flow rate, monitoring the minimum scrubber liquor pH. (h) To demonstrate continuous compliance with the particulate matter emissions limit, a facility may substitute use of either a particulate matter CEMS or a particulate matter CPMS for conducting the particulate matter annual performance test and other CMS monitoring for PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure). (i) To demonstrate continuous compliance with the dioxin/furan emissions limit, a facility may substitute use of a continuous automated sampling system for the dioxin/furan annual performance test. You must record the output of the system and analyze the sample according to EPA Method 23 at 40 CFR part 60, appendix A–7. This option to use a continuous automated sampling system takes effect on the date a final performance specification applicable to dioxin/furan from continuous monitors is published in the Federal Register. The owner or operator who elects to continuously sample dioxin/furan emissions instead of sampling and testing using EPA Method 23 at 40 CFR part 60, appendix A–7 must install, calibrate, maintain and operate a continuous automated sampling system and must comply with the requirements specified in § 60.58b(p) and (q). A facility may substitute continuous dioxin/furan monitoring for the minimum sorbent flow rate, if activated carbon sorbent injection is used solely for compliance with the dioxin/furan emission limit. (j) To demonstrate continuous compliance with the mercury emissions limit, a facility may substitute use of a continuous automated sampling system PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 41017 for the mercury annual performance test. You must record the output of the system and analyze the sample at set intervals using any suitable determinative technique that can meet performance specification 12B criteria. This option to use a continuous automated sampling system takes effect on the date a final performance specification applicable to mercury from monitors is published in the Federal Register. The owner or operator who elects to continuously sample mercury emissions instead of sampling and testing using EPA Method 29 or 30B at 40 CFR part 60, appendix A–8, ASTM D6784–02 (Reapproved 2008) (incorporated by reference, see § 60.17), or an approved alternative method for measuring mercury emissions, must install, calibrate, maintain and operate a continuous automated sampling system and must comply with the requirements specified in § 60.58b(p) and (q). A facility may substitute continuous mercury monitoring for the minimum sorbent flow rate, if activated carbon sorbent injection is used solely for compliance with the mercury emission limit. Waste-burning kilns must install, calibrate, maintain, and operate a mercury CEMS as specified in § 60.2710(j). (k) To demonstrate continuous compliance with the nitrogen oxides emissions limit, a facility may substitute use of a CEMS for the nitrogen oxides annual performance test to demonstrate compliance with the nitrogen oxides emissions limits and monitoring the charge rate, secondary chamber temperature and reagent flow for selective noncatalytic reduction, if applicable: (1) Install, calibrate, maintain and operate a CEMS for measuring nitrogen oxides emissions discharged to the atmosphere and record the output of the system. The requirements under performance specification 2 of appendix B of this part, the quality assurance procedure 1 of appendix F of this part and the procedures under § 60.13 must be followed for installation, evaluation and operation of the CEMS; and (2) Following the date that the initial performance test for nitrogen oxides is completed or is required to be completed under § 60.2690, compliance with the emission limit for nitrogen oxides required under § 60.52b(d) must be determined based on the 30-day rolling average of the hourly emission concentrations using CEMS outlet data. The 1-hour arithmetic averages must be expressed in parts per million by volume corrected to 7 percent oxygen (dry basis) and used to calculate the 30day rolling average concentrations. E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 41018 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2). (l) To demonstrate continuous compliance with the sulfur dioxide emissions limit, a facility may substitute use of a continuous automated sampling system for the sulfur dioxide annual performance test to demonstrate compliance with the sulfur dioxide emissions limits: (1) Install, calibrate, maintain and operate a CEMS for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system. The requirements under performance specification 2 of appendix B of this part, the quality assurance requirements of procedure 1 of appendix F of this part and the procedures under § 60.13 must be followed for installation, evaluation and operation of the CEMS; and (2) Following the date that the initial performance test for sulfur dioxide is completed or is required to be completed under § 60.2690, compliance with the sulfur dioxide emission limit may be determined based on the 30-day rolling average of the hourly arithmetic average emission concentrations using CEMS outlet data. The 1-hour arithmetic averages must be expressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 30day rolling average emission concentrations. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2). (m) For energy recovery units over 10 MMBtu/hr but less than 250 MMBtu/hr annual average heat input rates that do not use a wet scrubber, fabric filter with bag leak detection system, or particulate matter CEMS, you must install, operate, certify and maintain a continuous opacity monitoring system according to the procedures in paragraphs (m)(1) through (5) of this section by the compliance date specified in § 60.2670. Energy recovery units that use a particulate matter CEMS to demonstrate initial and continuing compliance according to the procedures in § 60.2730(n) are not required to install a continuous opacity monitoring system and must perform the annual performance tests for opacity consistent with § 60.2710(f): (1) Install, operate and maintain each continuous opacity monitoring system VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 according to performance specification 1 at 40 CFR part 60, appendix B; (2) Conduct a performance evaluation of each continuous opacity monitoring system according to the requirements in § 60.13 and according to performance specification 1 at 40 CFR part 60, appendix B; (3) As specified in § 60.13(e)(1), each continuous opacity monitoring system must complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period; (4) Reduce the continuous opacity monitoring system data as specified in § 60.13(h)(1); and (5) Determine and record all the 6minute averages (and 1-hour block averages as applicable) collected. (n) For coal and liquid/gas energy recovery units, incinerators, and small remote incinerators, an owner or operator may elect to install, calibrate, maintain and operate a CEMS for monitoring particulate matter emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility who continuously monitors particulate matter emissions instead of conducting performance testing using EPA Method 5 at 40 CFR part 60, appendix A–3 or, as applicable, monitor with a particulate matter CPMS according to paragraph (r) of this section, must install, calibrate, maintain and operate a CEMS and must comply with the requirements specified in paragraphs (n)(1) through (13) of this section: (1) Notify the Administrator 1 month before starting use of the system; (2) Notify the Administrator 1 month before stopping use of the system; (3) The monitor must be installed, evaluated and operated in accordance with the requirements of performance specification 11 of appendix B of this part and quality assurance requirements of procedure 2 of appendix F of this part and § 60.13; (4) The initial performance evaluation must be completed no later than 180 days after the final compliance date for meeting the amended emission limitations, as specified under § 60.2690 or within 180 days of notification to the Administrator of use of the continuous monitoring system if the owner or operator was previously determining compliance by Method 5 at 40 CFR part 60, appendix A–3 performance tests, whichever is later; (5) The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established according to the procedures and methods specified in § 60.2710(t)(4)(i) through (iv); (6) The owner or operator of an affected facility must conduct an initial performance test for particulate matter emissions as required under § 60.2690. Compliance with the particulate matter emission limit, if PM CEMS are elected for demonstrating compliance, must be determined by using the CEMS specified in paragraph (n) of this section to measure particulate matter. You must calculate a 30-day rolling average of 1hour arithmetic average emission concentrations, including CEMS data during startup and shutdown, as defined in this subpart, using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A–7 of this part; (7) Compliance with the particulate matter emission limit must be determined based on the 30-day rolling average calculated using equation 19–19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, Appendix A–7 of the part from the 1-hour arithmetic average of the CEMS outlet data. (8) At a minimum, valid continuous monitoring system hourly averages must be obtained as specified § 60.2735; (9) The 1-hour arithmetic averages required under paragraph (n)(7) of this section must be expressed in milligrams per dry standard cubic meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and must be used to calculate the 30-day rolling average emission concentrations. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2); (10) All valid CEMS data must be used in calculating average emission concentrations even if the minimum CEMS data requirements of paragraph (n)(8) of this section are not met; (11) The CEMS must be operated according to performance specification 11 in appendix B of this part; (12) During each relative accuracy test run of the CEMS required by performance specification 11 in appendix B of this part, particulate matter and oxygen (or carbon dioxide) data must be collected concurrently (or within a 30-to 60-minute period) by both the CEMS and the following test methods: E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (i) For particulate matter, EPA Reference Method 5 at 40 CFR part 60, appendix A–3 must be used; and (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B at 40 CFR part 60, appendix A–2, as applicable, must be used; and (13) Quarterly accuracy determinations and daily calibration drift tests must be performed in accordance with procedure 2 in appendix F of this part. (o) To demonstrate continuous compliance with the carbon monoxide emissions limit, a facility may substitute use of a continuous automated sampling system for the carbon monoxide annual performance test to demonstrate compliance with the carbon monoxide emissions limits: (1) Install, calibrate, maintain, and operate a CEMS for measuring carbon monoxide emissions discharged to the atmosphere and record the output of the system. The requirements under performance specification 4B of appendix B of this part, the quality assurance procedure 1 of appendix F of this part and the procedures under § 60.13 must be followed for installation, evaluation, and operation of the CEMS; and (2) Following the date that the initial performance test for carbon monoxide is completed or is required to be completed under § 60.2690, compliance with the carbon monoxide emission limit may be determined based on the 30-day rolling average of the hourly arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, using CEMS outlet data. Except for CEMS data during startup and shutdown, as defined in this subpart, the 1-hour arithmetic averages must be expressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 30-day rolling average emission concentrations. CEMS data collected during startup or shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic averages must be calculated using the data points required under § 60.13(e)(2). (p) The owner/operator of an affected source with a bypass stack shall install, calibrate (to manufacturers’ specifications), maintain and operate a device or method for measuring the use of the bypass stack including date, time and duration. (q) For energy recovery units with a heat input capacity of 100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, you must install, operate and maintain the continuous VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 oxygen monitoring system as defined in § 60.2875 according to the procedures in paragraphs (q)(1) through (4) of this section: (1) The oxygen analyzer system must be installed by the initial performance test date specified in § 60.2675; (2) You must operate the oxygen trim system within compliance with paragraph (q)(3) of this section at all times; (3) You must maintain the oxygen level such that the 30-day rolling average that is established as the operating limit for oxygen according to paragraph (q)(4) of this section is not below the lowest hourly average oxygen concentration measured during the most recent CO performance test; and (4) You must calculate and record a 30-day rolling average oxygen concentration using equation 19–19 in section 12.4.1 of EPA Reference Method 19 of Appendix A–7 of this part. (r) For energy recovery units with annual average heat input rates greater than or equal to 250 MMBtu/hour and waste-burning kilns, you must install, calibrate, maintain, and operate a PM CPMS and record the output of the system as specified in paragraphs (r)(1) through (8) of this section. For other energy recovery units, you may elect to use PM CPMS operated in accordance with this section. PM CPMS are suitable in lieu of using other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure): (1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with § 60.2710(l) and (r)(1)(i) through (iii) of this section: (i) The operating principle of the PM CPMS must be based on in-stack or extractive light scatter, light scintillation, beta attenuation, or mass accumulation of the exhaust gas or representative sample. The reportable measurement output from the PM CPMS must be expressed as milliamps or the digital signal equivalent; (ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes; and (iii) The PM CPMS must be capable of detecting and responding to particulate matter concentrations increments no greater than 0.5 mg/actual cubic meter. (2) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, you must adjust the sitespecific operating limit in accordance with the results of the performance test PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 41019 according to the procedures specified in § 60.2675. (3) Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours. Express the PM CPMS output as milliamps or the digital signal equivalent. (4) Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or wasteburning kiln operating hours data (milliamps or digital bits). (5) You must collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is operating and at the intervals specified in paragraph (r)(1)(ii) of this section, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in your sitespecific monitoring plan. (6) You must use all the data collected during all energy recovery unit or wasteburning kiln operating hours in assessing the compliance with your operating limit except: (i) Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are not used in calculations (report any such periods in your annual deviation report); (ii) Any data collected during periods when the monitoring system is out of control as specified in your site-specific monitoring plan, repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or quality control activities conducted during outof-control periods are not used in calculations (report emissions or operating levels and report any such periods in your annual deviation report); and (iii) Any PM CPMS data recorded during periods of CEMS data during startup and shutdown, as defined in this subpart. (7) You must record and make available upon request results of PM CPMS system performance audits, as well as the dates and duration of periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return E:\FR\FM\23JNR2.SGM 23JNR2 41020 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the PM CPMS to operation consistent with your site-specific monitoring plan. (8) For any deviation of the 30-day rolling average PM CPMS average value from the established operating parameter limit, you must: (i) Within 48 hours of the deviation, visually inspect the air pollution control device; (ii) If inspection of the air pollution control device identifies the cause of the deviation, take corrective action as soon as possible and return the PM CPMS measurement to within the established value; (iii) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify the operation of the emissions control device(s). Within 45 days of the deviation, you must re-establish the CPMS operating limit. You are not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under this paragraph; and (iv) PM CPMS deviations leading to more than four required performance tests in a 12-month process operating period (rolling monthly) constitute a violation of this subpart. (s) If you use a dry scrubber to comply with the emission limits of this subpart, you must monitor the injection rate of each sorbent and maintain the 3-hour block averages at or above the operating limits established during the hydrogen chloride performance test. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2735 Is there a minimum amount of monitoring data I must obtain? For each continuous monitoring system required or optionally allowed under § 60.2730, you must monitor and collect data according to this section: (a) You must operate the monitoring system and collect data at all required intervals at all times compliance is required except for periods of monitoring system malfunctions or outof-control periods, repairs associated with monitoring system malfunctions or out-of-control periods (as specified in § 60.2770(o)), and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 You are required to effect monitoring system repairs in response to monitoring system malfunctions or outof-control periods and to return the monitoring system to operation as expeditiously as practicable. (b) You may not use data recorded during the monitoring system malfunctions, repairs associated with monitoring system malfunctions or outof control periods, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. You must use all the data collected during all other periods, including data normalized for above scale readings, in assessing the operation of the control device and associated control system. (c) Except for periods of monitoring system malfunctions or out-of-control periods, repairs associated with monitoring system malfunctions or outof-control periods, and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments, failure to collect required data is a deviation of the monitoring requirements. Model Rule—Recordkeeping and Reporting § 60.2740 What records must I keep? You must maintain the items (as applicable) as specified in paragraphs (a), (b), and (e) through (w) of this section for a period of at least 5 years: (a) Calendar date of each record; (b) Records of the data described in paragraphs (b)(1) through (6) of this section: (1) The CISWI unit charge dates, times, weights, and hourly charge rates; (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable; (3) Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable; (4) Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable; (5) For affected CISWI units that establish operating limits for controls other than wet scrubbers under § 60.2675(d) through (g) or § 60.2680, you must maintain data collected for all operating parameters used to determine compliance with the operating limits. For energy recovery units using activated carbon injection or a dry scrubber, you must also maintain records of the load fraction and corresponding sorbent injection rate records; and PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 (6) If a fabric filter is used to comply with the emission limitations, you must record the date, time, and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. You must also record the percent of operating time during each 6-month period that the alarm sounds, calculated as specified in § 60.2675(c). (c)–(d) [Reserved] (e) Identification of calendar dates and times for which data show a deviation from the operating limits in table 3 of this subpart or a deviation from other operating limits established under § 60.2675(d) through (g) or § 60.2680 with a description of the deviations, reasons for such deviations, and a description of corrective actions taken. (f) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating limits, as applicable. Retain a copy of the complete test report including calculations. (g) Records showing the names of CISWI unit operators who have completed review of the information in § 60.2660(a) as required by § 60.2660(b), including the date of the initial review and all subsequent annual reviews. (h) Records showing the names of the CISWI operators who have completed the operator training requirements under § 60.2635, met the criteria for qualification under § 60.2645, and maintained or renewed their qualification under § 60.2650 or § 60.2655. Records must include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications. (i) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours. (j) Records of calibration of any monitoring devices as required under § 60.2730. (k) Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment. (l) The information listed in § 60.2660(a). (m) On a daily basis, keep a log of the quantity of waste burned and the types of waste burned (always required). (n) Maintain records of the annual air pollution control device inspections that are required for each CISWI unit subject to the emissions limits in table E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 2 of this subpart or tables 6 through 9 of this subpart, any required maintenance and any repairs not completed within 10 days of an inspection or the timeframe established by the state regulatory agency. (o) For continuously monitored pollutants or parameters, you must document and keep a record of the following parameters measured using continuous monitoring systems: (1) All 6-minute average levels of opacity; (2) All 1-hour average concentrations of sulfur dioxide emissions. You must indicate which data are CEMS data during startup and shutdown; (3) All 1-hour average concentrations of nitrogen oxides emissions. You must indicate which data are CEMS data during startup and shutdown; (4) All 1-hour average concentrations of carbon monoxide emissions. You must indicate which data are CEMS data during startup and shutdown; (5) All 1-hour average concentrations of particulate matter emissions. You must indicate which data are CEMS data during startup and shutdown; (6) All 1-hour average concentrations of mercury emissions. You must indicate which data are CEMS data during startup and shutdown; (7) All 1-hour average concentrations of hydrogen chloride emissions. You must indicate which data are CEMS data during startup and shutdown; (8) All 1-hour average percent oxygen concentrations; and (9) All 1-hour average PM CPMS readings or particulate matter CEMS outputs. (p) Records indicating use of the bypass stack, including dates, times and durations. (q) If you choose to stack test less frequently than annually, consistent with § 60.2720(a) through (c), you must keep annual records that document that your emissions in the previous stack test(s) were less than 75 percent of the applicable emission limit and document that there was no change in source operations including fuel composition and operation of air pollution control equipment that would cause emissions of the relevant pollutant to increase within the past year. (r) Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment. (s) Records of all required maintenance performed on the air pollution control and monitoring equipment. (t) Records of actions taken during periods of malfunction to minimize VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 emissions in accordance with § 60.11(d), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (u) For operating units that combust non-hazardous secondary materials that have been determined not to be solid waste pursuant to § 241.3(b)(1) of this chapter, you must keep a record which documents how the secondary material meets each of the legitimacy criteria under § 241.3(d)(1). If you combust a fuel that has been processed from a discarded non-hazardous secondary material pursuant to § 241.3(b)(4), you must keep records as to how the operations that produced the fuel satisfies the definition of processing in § 241.2 and each of the legitimacy criteria in § 241.3(d)(1) of this chapter. If the fuel received a non-waste determination pursuant to the petition process submitted under § 241.3(c), you must keep a record that documents how the fuel satisfies the requirements of the petition process. For operating units that combust non-hazardous secondary materials as fuel per § 241.4, you must keep records documenting that the material is a listed non-waste under § 241.4(a). (v) Records of the criteria used to establish that the unit qualifies as a small power production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste material the unit is proposed to burn is homogeneous. (w) Records of the criteria used to establish that the unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material the unit is proposed to burn is homogeneous. § 60.2745 Where and in what format must I keep my records? All records must be available onsite in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the Administrator. § 60.2750 What reports must I submit? See table 5 of this subpart for a summary of the reporting requirements. § 60.2755 When must I submit my waste management plan? You must submit the waste management plan no later than the date specified in table 1 of this subpart for submittal of the final control plan. PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 41021 § 60.2760 What information must I submit following my initial performance test? You must submit the information specified in paragraphs (a) through (c) of this section no later than 60 days following the initial performance test. All reports must be signed by the facilities manager: (a) The complete test report for the initial performance test results obtained under § 60.2700, as applicable; (b) The values for the site-specific operating limits established in § 60.2675 or § 60.2680; and (c) If you are using a fabric filter to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by § 60.2730(b). § 60.2765 report? When must I submit my annual You must submit an annual report no later than 12 months following the submission of the information in § 60.2760. You must submit subsequent reports no more than 12 months following the previous report. (If the unit is subject to permitting requirements under title V of the Clean Air Act, you may be required by the permit to submit these reports more frequently.) § 60.2770 What information must I include in my annual report? The annual report required under § 60.2765 must include the ten items listed in paragraphs (a) through (j) of this section. If you have a deviation from the operating limits or the emission limitations, you must also submit deviation reports as specified in §§ 60.2775, 60.2780, and 60.2785: (a) Company name and address; (b) Statement by a responsible official, with that official’s name, title, and signature, certifying the accuracy of the content of the report; (c) Date of report and beginning and ending dates of the reporting period; (d) The values for the operating limits established pursuant to § 60.2675 or § 60.2680; (e) If no deviation from any emission limitation or operating limit that applies to you has been reported, a statement that there was no deviation from the emission limitations or operating limits during the reporting period; (f) The highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported; (g) Information recorded under § 60.2740(b)(6) and (c) through (e) for the calendar year being reported; E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 41022 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (h) For each performance test conducted during the reporting period, if any performance test is conducted, the process unit(s) tested, the pollutant(s) tested and the date that such performance test was conducted. Submit, following the procedure specified in § 60.2795(b)(1), the performance test report no later than the date that you submit the annual report; (i) If you met the requirements of § 60.2720(a) or (b), and did not conduct a performance test during the reporting period, you must state that you met the requirements of § 60.2720(a) or (b), and, therefore, you were not required to conduct a performance test during the reporting period; (j) Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours, but less than 2 weeks; (k) If you had a malfunction during the reporting period, the compliance report must include the number, duration, and a brief description for each type of malfunction that occurred during the reporting period and that caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 60.11(d), including actions taken to correct a malfunction; (l) For each deviation from an emission or operating limitation that occurs for a CISWI unit for which you are not using a CMS to comply with the emission or operating limitations in this subpart, the annual report must contain the following information: (1) The total operating time of the CISWI unit at which the deviation occurred during the reporting period; and (2) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. (m) If there were periods during which the continuous monitoring system, including the CEMS, was out of control as specified in paragraph (o) of this section, the annual report must contain the following information for each deviation from an emission or operating limitation occurring for a CISWI unit for which you are using a continuous monitoring system to comply with the emission and operating limitations in this subpart: (1) The date and time that each malfunction started and stopped; VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 (2) The date, time, and duration that each CMS was inoperative, except for zero (low-level) and high-level checks; (3) The date, time, and duration that each continuous monitoring system was out-of-control, including start and end dates and hours and descriptions of corrective actions taken; (4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of malfunction or during another period; (5) A summary of the total duration of the deviation during the reporting period, and the total duration as a percent of the total source operating time during that reporting period; (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes; (7) A summary of the total duration of continuous monitoring system downtime during the reporting period, and the total duration of continuous monitoring system downtime as a percent of the total operating time of the CISWI unit at which the continuous monitoring system downtime occurred during that reporting period; (8) An identification of each parameter and pollutant that was monitored at the CISWI unit; (9) A brief description of the CISWI unit; (10) A brief description of the continuous monitoring system; (11) The date of the latest continuous monitoring system certification or audit; and (12) A description of any changes in continuous monitoring system, processes, or controls since the last reporting period. (n) If there were periods during which the continuous monitoring system, including the CEMS, was not out of control as specified in paragraph (o) of this section, a statement that there were not periods during which the continuous monitoring system was out of control during the reporting period. (o) A continuous monitoring system is out of control if any of the following occur: (1) The zero (low-level), mid-level (if applicable), or high-level calibration drift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard; (2) The continuous monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; and PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 (3) The continuous opacity monitoring system calibration drift exceeds two times the limit in the applicable performance specification in the relevant standard. (p) For energy recovery units, include the annual heat input and average annual heat input rate of all fuels being burned in the unit to verify which subcategory of energy recovery unit applies. § 60.2775 What else must I report if I have a deviation from the operating limits or the emission limitations? (a) You must submit a deviation report if any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operating limit established under this subpart, if the bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporting period, or if a performance test was conducted that deviated from any emission limitation. (b) The deviation report must be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data you collected during the second half of the calendar year (July 1 to December 31). § 60.2780 What must I include in the deviation report? In each report required under § 60.2775, for any pollutant or parameter that deviated from the emission limitations or operating limits specified in this subpart, include the four items described in paragraphs (a) through (d) of this section: (a) The calendar dates and times your unit deviated from the emission limitations or operating limit requirements; (b) The averaged and recorded data for those dates; (c) Durations and causes of the following: (1) Each deviation from emission limitations or operating limits and your corrective actions; and (2) Bypass events and your corrective actions. (d) A copy of the operating limit monitoring data during each deviation and for any test report that documents the emission levels the process unit(s) tested, the pollutant(s) tested and the date that the performance test was conducted. Submit, following the procedure specified in § 60.2795(b)(1), the performance test report no later than the date that you submit the deviation report. E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations § 60.2785 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? (a) If all qualified operators are not accessible for 2 weeks or more, you must take the two actions in paragraphs (a)(1) and (2) of this section: (1) Submit a notification of the deviation within 10 days that includes the three items in paragraphs (a)(1)(i) through (iii) of this section: (i) A statement of what caused the deviation; (ii) A description of what you are doing to ensure that a qualified operator is accessible; and (iii) The date when you anticipate that a qualified operator will be available. (2) Submit a status report to the Administrator every 4 weeks that includes the three items in paragraphs (a)(2)(i) through (iii) of this section: (i) A description of what you are doing to ensure that a qualified operator is accessible; (ii) The date when you anticipate that a qualified operator will be accessible; and (iii) Request approval from the Administrator to continue operation of the CISWI unit. (b) If your unit was shut down by the Administrator, under the provisions of § 60.2665(b)(2), due to a failure to provide an accessible qualified operator, you must notify the Administrator that you are resuming operation once a qualified operator is accessible. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2790 Are there any other notifications or reports that I must submit? (a) Yes. You must submit notifications as provided by § 60.7. (b) If you cease combusting solid waste but continue to operate, you must provide 30 days prior notice of the effective date of the waste-to-fuel switch, consistent with § 60.2710(a). The notification must identify: (1) The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice; (2) The currently applicable subcategory under this subpart, and any 40 CFR part 63 subpart and subcategory that will be applicable after you cease combusting solid waste; (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non-waste materials the unit will commence combusting; (4) The date on which you became subject to the currently applicable emission limits; and (5) The date upon which you will cease combusting solid waste, and the VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 date (if different) that you intend for any new requirements to become applicable (i.e., the effective date of the waste-tofuel switch), consistent with paragraphs (b)(2) and (3) of this section. § 60.2795 reports? In what form can I submit my (a) Submit initial, annual and deviation reports electronically on or before the submittal due dates. Submit the reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA’s Central Data Exchange (CDX) (https:// cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this subpart or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the CEDRI Web site (https:// www3.epa.gov/ttn/chief/cedri/ index.html), once the XML schema is available. If the reporting form specific to this subpart is not available in CEDRI at the time that the report is due, submit the report to the Administrator at the appropriate address listed in § 60.4. Once the form has been available in CEDRI for 90 calendar days, you must begin submitting all subsequent reports via CEDRI. The reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the report is submitted. (b) Submit results of each performance test and CEMS performance evaluation required by this subpart as follows: (1) Within 60 days after the date of completing each performance test (see § 60.8) required by this subpart, you must submit the results of the performance test following the procedure specified in either paragraph (b)(1)(i) or (b)(1)(ii) of this section: (i) For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT Web site (https://www3.epa.gov/ttn/chief/ert/ert_ info.html) at the time of the test, you must submit the results of the performance test to the EPA via the CEDRI. (CEDRI can be accessed through the EPA’s 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 XML schema listed on the EPA’s ERT Web site. If you claim that some of the performance test information being submitted 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 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 41023 schema listed on the EPA’s ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph; and (ii) For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. (2) Within 60 days after the date of completing each continuous emissions monitoring system performance evaluation you must submit the results of the performance evaluation following the procedure specified in either paragraph (b)(1) or (b)(2) of this section: (i) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the EPA’s CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA’s ERT 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 submitted 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 disc, 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 the EPA’s CDX as described earlier in this paragraph; and (ii) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site at the time of E:\FR\FM\23JNR2.SGM 23JNR2 41024 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the evaluation, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 60.4. § 60.2825 What must I include in the notifications of achievement of increments of progress? Model Rule—Title V Operating Permits Your notification of achievement of increments of progress must include the three items described in paragraphs (a) through (c) of this section: (a) Notification that the increment of progress has been achieved; (b) Any items required to be submitted with each increment of progress (see § 60.2840); and (c) Signature of the owner or operator of the incinerator. § 60.2805 Am I required to apply for and obtain a Title V operating permit for my unit? § 60.2830 When must I submit the notifications of achievement of increments of progress? Yes. Each CISWI unit and air curtain incinerator subject to standards under this subpart must operate pursuant to a permit issued under Clean Air Act sections 129(e) and Title V. Notifications for achieving increments of progress must be postmarked no later than 10 business days after the compliance date for the increment. § 60.2800 Can reporting dates be changed? If the Administrator agrees, you may change the semiannual or annual reporting dates. See § 60.19(c) for procedures to seek approval to change your reporting date. Model Rule—Air Curtain Incinerators § 60.2810 What is an air curtain incinerator? (a) An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.) (b) Air curtain incinerators that burn only the materials listed in paragraphs (b)(1) through (3) of this section are only required to meet the requirements under § 60.2805 and under ‘‘Air Curtain Incinerators’’ (§§ 60.2810 through 60.2870): (1) 100 percent wood waste; (2) 100 percent clean lumber; and (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. § 60.2835 What if I do not meet an increment of progress? If you fail to meet an increment of progress, you must submit a notification to the Administrator postmarked within 10 business days after the date for that increment of progress in table 1 of this subpart. You must inform the Administrator that you did not meet the increment, and you must continue to submit reports each subsequent calendar month until the increment of progress is met. § 60.2840 How do I comply with the increment of progress for submittal of a control plan? For your control plan increment of progress, you must satisfy the two requirements specified in paragraphs (a) and (b) of this section: (a) Submit the final control plan, including a description of any devices for air pollution control and any process changes that you will use to comply with the emission limitations and other requirements of this subpart; and (b) Maintain an onsite copy of the final control plan. asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2815 What are my requirements for meeting increments of progress and achieving final compliance? § 60.2845 How do I comply with the increment of progress for achieving final compliance? If you plan to achieve compliance more than 1 year following the effective date of state plan approval, you must meet the two increments of progress specified in paragraphs (a) and (b) of this section: (a) Submit a final control plan; and (b) Achieve final compliance. For the final compliance increment of progress, you must complete all process changes and retrofit construction of control devices, as specified in the final control plan, so that, if the affected incinerator is brought online, all necessary process changes and air pollution control devices would operate as designed. § 60.2820 When must I complete each increment of progress? § 60.2850 What must I do if I close my air curtain incinerator and then restart it? Table 1 of this subpart specifies compliance dates for each of the increments of progress. (a) If you close your incinerator but will reopen it prior to the final compliance date in your state plan, you VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 must meet the increments of progress specified in § 60.2815. (b) If you close your incinerator but will restart it after your final compliance date, you must complete emission control retrofits and meet the emission limitations on the date your incinerator restarts operation. § 60.2855 What must I do if I plan to permanently close my air curtain incinerator and not restart it? If you plan to close your incinerator rather than comply with the state plan, submit a closure notification, including the date of closure, to the Administrator by the date your final control plan is due. § 60.2860 What are the emission limitations for air curtain incinerators? After the date the initial stack test is required or completed (whichever is earlier), you must meet the limitations in paragraphs (a) and (b) of this section: (a) Maintain opacity to less than or equal to 10 percent opacity (as determined by the average of three 1hour blocks consisting of ten 6-minute average opacity values), except as described in paragraph (b) of this section; and (b) Maintain opacity to less than or equal to 35 percent opacity (as determined by the average of three 1hour blocks consisting of ten 6-minute average opacity values) during the startup period that is within the first 30 minutes of operation. § 60.2865 How must I monitor opacity for air curtain incinerators? (a) Use Method 9 of appendix A of this part to determine compliance with the opacity limitation. (b) Conduct an initial test for opacity as specified in § 60.8 no later than 180 days after your final compliance date. (c) After the initial test for opacity, conduct annual tests no more than 12 calendar months following the date of your previous test. § 60.2870 What are the recordkeeping and reporting requirements for air curtain incinerators? (a) Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the Administrator approves another format, for at least 5 years. (b) Make all records available for submittal to the Administrator or for an inspector’s onsite review. (c) Submit an initial report no later than 60 days following the initial opacity test that includes the information specified in paragraphs (c)(1) and (2) of this section: E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations (1) The types of materials you plan to combust in your air curtain incinerator; and (2) The results (as determined by the average of three 1-hour blocks consisting of ten 6-minute average opacity values) of the initial opacity tests. (d) Submit annual opacity test results within 12 months following the previous report. (e) Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date and keep a copy onsite for a period of 5 years. Model Rule—Definitions asabaliauskas on DSK3SPTVN1PROD with RULES § 60.2875 What definitions must I know? Terms used but not defined in this subpart are defined in the Clean Air Act and subparts A and B of this part. 30-day rolling average means the arithmetic mean of the previous 720 hours of valid operating data. Valid data excludes periods when this unit is not operating. The 720 hours should be consecutive, but not necessarily continuous if operations are intermittent. Administrator means the Administrator of the U.S. Environmental Protection Agency or his/her authorized representative or Administrator of a State Air Pollution Control Agency. Agricultural waste means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations. Air curtain incinerator means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.) Annual heat input means the heat input for the 12 months preceding the compliance demonstration. Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, or diesel fuel. Average annual heat input rate means annual heat input divided by the hours of operation for the 12 months preceding the compliance demonstration. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings. Burn-off oven means any rack reclamation unit, part reclamation unit, or drum reclamation unit. A burn-off oven is not an incinerator, wasteburning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Bypass stack means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. Calendar quarter means three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or October 1. Calendar year means 365 consecutive days starting on January 1 and ending on December 31. CEMS data during startup and shutdown means the following: (1) For incinerators and small remote incinerators: CEMS data collected during the first hours of operation of a CISWI unit startup from a cold start until waste is fed into the unit and the hours of operation following the cessation of waste material being fed to the CISWI unit during a unit shutdown. For each startup event, the length of time that CEMS data may be claimed as being CEMS data during startup must be 48 operating hours or less. For each shutdown event, the length of time that CEMS data may be claimed as being CEMS data during shutdown must be 24 operating hours or less; (2) For energy recovery units: CEMS data collected during the startup or shutdown periods of operation. Startup begins with either the first-ever firing of fuel in a boiler or process heater for the purpose of supplying useful thermal energy (such as steam or heat) for heating, cooling or process purposes, or producing electricity, or the firing of fuel in a boiler or process heater for any purpose after a shutdown event. Startup ends four hours after when the boiler or process heater makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes, or generates electricity, whichever is earlier. Shutdown begins when the boiler or process heater no longer makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes and/or generates electricity or when no fuel is being fed to the boiler PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 41025 or process heater, whichever is earlier. Shutdown ends when the boiler or process heater no longer makes useful thermal energy (such as steam or heat) for heating, cooling, or process purposes and/or generates electricity, and no fuel is being combusted in the boiler or process heater; and (3) For waste-burning kilns: CEMS data collected during the periods of kiln operation that do not include normal operations. Startup means the time from when a shutdown kiln first begins firing fuel until it begins producing clinker. Startup begins when a shutdown kiln turns on the induced draft fan and begins firing fuel in the main burner. Startup ends when feed is being continuously introduced into the kiln for at least 120 minutes or when the feed rate exceeds 60 percent of the kiln design limitation rate, whichever occurs first. Shutdown means the cessation of kiln operation. Shutdown begins when feed to the kiln is halted and ends when continuous kiln rotation ceases. Chemical recovery unit means combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. A chemical recovery unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. The following seven types of units are considered chemical recovery units: (1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process; (2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid; (3) Units burning only wood or coal feedstock for the production of charcoal; (4) Units burning only manufacturing byproduct streams/residue containing catalyst metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts; (5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds; (6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes; and (7) Units burning only photographic film to recover silver. Chemotherapeutic waste means waste material resulting from the production or use of antineoplastic agents used for E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 41026 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the purpose of stopping or reversing the growth of malignant cells. Clean lumber means wood or wood products that have been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote. Commercial and industrial solid waste incineration (CISWI) unit means any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding 6 months, any solid waste as that term is defined in 40 CFR part 241. If the operating unit burns materials other than traditional fuels as defined in § 241.2 that have been discarded, and you do not keep and produce records as required by § 60.2740(u), the operating unit is a CISWI unit. While not all CISWI units will include all of the following components, a CISWI unit includes, but is not limited to, the solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the solid waste hopper (if applicable) and extends through two areas: The combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and the combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The CISWI unit includes all ash handling systems connected to the bottom ash handling system. Contained gaseous material means gases that are in a container when that container is combusted. Continuous emission monitoring system (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of this subpart, used to sample, condition (if applicable), analyze, and provide a record of emissions. Continuous monitoring system (CMS) means the total equipment, required under the emission monitoring sections in applicable subparts, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. A particulate matter continuous parameter monitoring system (PM CPMS) is a type of CMS. Cyclonic burn barrel means a combustion device for waste materials VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 that is attached to a 55 gallon, openhead drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air. A cyclonic burn barrel is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements; and (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans. Discard means, for purposes of this subpart and 40 CFR part 60, subpart DDDD, only, burned in an incineration unit without energy recovery. Drum reclamation unit means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be reused. Dry scrubber means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gas in the exhaust stream forming a dry powder material. Sorbent injection systems in fluidized bed boilers and process heaters are included in this definition. A dry scrubber is a dry control system. Energy recovery means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating. Energy recovery unit means a combustion unit combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241) for energy recovery. Energy recovery units include units that would be considered boilers and process heaters if they did not combust solid waste. Energy recovery unit designed to burn biomass (Biomass) means an energy recovery unit that burns solid waste, biomass, and non-coal solid materials but less than 10 percent coal, on a heat input basis on an annual average, either alone or in combination with liquid waste, liquid fuel or gaseous fuels. Energy recovery unit designed to burn coal (Coal) means an energy recovery PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 unit that burns solid waste and at least 10 percent coal on a heat input basis on an annual average, either alone or in combination with liquid waste, liquid fuel or gaseous fuels. Energy recovery unit designed to burn liquid waste materials and gas (Liquid/ gas) means an energy recovery unit that burns a liquid waste with liquid or gaseous fuels not combined with any solid fuel or waste materials. Energy recovery unit designed to burn solid materials (Solids) includes energy recovery units designed to burn coal and energy recovery units designed to burn biomass Fabric filter means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse. Foundry sand thermal reclamation unit means a type of part reclamation unit that removes coatings that are on foundry sand. A foundry sand thermal reclamation unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Incinerator means any furnace used in the process of combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241) for the purpose of reducing the volume of the waste by removing combustible matter. Incinerator designs include single chamber and two-chamber. In-line coal mill means those coal mills using kiln exhaust gases in their process. Coal mills with a heat source other than the kiln or coal mills using exhaust gases from the clinker cooler alone are not an in-line coal mill. In-line kiln/raw mill means a system in a Portland Cement production process where a dry kiln system is integrated with the raw mill so that all or a portion of the kiln exhaust gases are used to perform the drying operation of the raw mill, with no auxiliary heat source used. In this system the kiln is capable of operating without the raw mill operating, but the raw mill cannot operate without the kiln gases, and consequently, the raw mill does not generate a separate exhaust gas stream. Kiln means an oven or furnace, including any associated preheater or precalciner devices, in-line raw mills, in-line coal mills or alkali bypasses used for processing a substance by burning, firing or drying. Kilns include cement kilns that produce clinker by heating limestone and other materials for subsequent production of Portland Cement. Because the alkali bypass, inline raw mill and in-line coal mill are considered an integral part of the kiln, the kiln emissions limits also apply to E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the exhaust of the alkali bypass, in-line raw mill and in-line coal mill. Laboratory analysis unit means units that burn samples of materials for the purpose of chemical or physical analysis. A laboratory analysis unit is not an incinerator, waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Load fraction means the actual heat input of an energy recovery unit divided by heat input during the performance test that established the minimum sorbent injection rate or minimum activated carbon injection rate, expressed as a fraction (e.g., for 50 percent load the load fraction is 0.5). Low-level radioactive waste means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)). Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Minimum voltage or amperage means 90 percent of the lowest test-run average voltage or amperage to the electrostatic precipitator measured during the most recent particulate matter or mercury performance test demonstrating compliance with the applicable emission limits. Modification or modified CISWI unit means a CISWI unit that has been changed later than August 7, 2013, and that meets one of two criteria: (1) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including the cost of land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit; and (2) Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section 111 of the Clean Air Act has established standards. Municipal solid waste or municipaltype solid waste means household, commercial/retail, or institutional waste. Household waste includes VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes materials discarded by schools, by hospitals (nonmedical), by nonmanufacturing activities at prisons and government facilities, and other similar establishments or facilities. Household, commercial/retail, and institutional waste does include yard waste and refuse-derived fuel. Household, commercial/retail, and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition wastes (which include railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles (including motor vehicle parts or vehicle fluff). Opacity means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. Operating day means a 24-hour period between 12:00 midnight and the following midnight during which any amount of solid waste is combusted at any time in the CISWI unit. Oxygen analyzer system means all equipment required to determine the oxygen content of a gas stream and used to monitor oxygen in the boiler or process heater flue gas, boiler/process heater, firebox, or other appropriate location. This definition includes oxygen trim systems and certified oxygen CEMS. The source owner or operator is responsible to install, calibrate, maintain, and operate the oxygen analyzer system in accordance with the manufacturer’s recommendations. Oxygen trim system means a system of monitors that is used to maintain excess air at the desired level in a combustion device over its operating range. A typical system consists of a flue gas oxygen and/or carbon monoxide monitor that automatically provides a feedback signal to the combustion air controller or draft controller. Part reclamation unit means a unit that burns coatings off parts (e.g., tools, equipment) so that the parts can be reconditioned and reused. Particulate matter means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of appendix A of this part. Pathological waste means waste material consisting of only human or PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 41027 animal remains, anatomical parts, and/ or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). Performance evaluation means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data. Performance test means the collection of data resulting from the execution of a test method (usually three emission test runs) used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard. Process change means any of the following physical or operational changes: (1) A physical change (maintenance activities excluded) to the CISWI unit which may increase the emission rate of any air pollutant to which a standard applies; (2) An operational change to the CISWI unit where a new type of nonhazardous secondary material is being combusted; (3) A physical change (maintenance activities excluded) to the air pollution control devices used to comply with the emission limits for the CISWI unit (e.g., replacing an electrostatic precipitator with a fabric filter); and (4) An operational change to the air pollution control devices used to comply with the emission limits for the affected CISWI unit (e.g., change in the sorbent injection rate used for activated carbon injection). Rack reclamation unit means a unit that burns the coatings off racks used to hold small items for application of a coating. The unit burns the coating overspray off the rack so the rack can be reused. Raw mill means a ball or tube mill, vertical roller mill or other size reduction equipment, that is not part of an in-line kiln/raw mill, used to grind feed to the appropriate size. Moisture may be added or removed from the feed during the grinding operation. If the raw mill is used to remove moisture from feed materials, it is also, by definition, a raw material dryer. The raw mill also includes the air separator associated with the raw mill. Reconstruction means rebuilding a CISWI unit and meeting two criteria: (1) The reconstruction begins on or after August 7, 2013; and (2) The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including land) updated to current costs (current E:\FR\FM\23JNR2.SGM 23JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 41028 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit. Refuse-derived fuel means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including two fuels: (1) Low-density fluff refuse-derived fuel through densified refuse-derived fuel; and (2) Pelletized refuse-derived fuel. Responsible official means one of the following: (1) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the permitting authority; (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected facilities: (i) The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned; or (ii) The designated representative for any other purposes under part 60. Shutdown means, for incinerators and small, remote incinerators, the period of VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 time after all waste has been combusted in the primary chamber. Small, remote incinerator means an incinerator that combusts solid waste (as that term is defined by the Administrator in 40 CFR part 241) and combusts 3 tons per day or less solid waste and is more than 25 miles driving distance to the nearest municipal solid waste landfill. Soil treatment unit means a unit that thermally treats petroleumcontaminated soils for the sole purpose of site remediation. A soil treatment unit may be direct-fired or indirect fired. A soil treatment unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Solid waste means the term solid waste as defined in 40 CFR 241.2. Solid waste incineration unit means a distinct operating unit of any facility which combusts any solid waste (as that term is defined by the Administrator in 40 CFR part 241) material from commercial or industrial establishments or the general public (including single and multiple residences, hotels and motels). Such term does not include incinerators or other units required to have a permit under section 3005 of the Solid Waste Disposal Act. The term ‘‘solid waste incineration unit’’ does not include: (1) Materials recovery facilities (including primary or secondary smelters) which combust waste for the primary purpose of recovering metals; (2) Qualifying small power production facilities, as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as units which burn tires or used oil, but not including refuse-derived fuel) for the production of electric energy or in the case of qualifying cogeneration facilities which burn homogeneous waste for the production of electric energy and steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes; or (3) Air curtain incinerators provided that such incinerators only burn wood wastes, yard wastes and clean lumber PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 and that such air curtain incinerators comply with opacity limitations to be established by the Administrator by rule. Space heater means a unit that meets the requirements of 40 CFR 279.23. A space heater is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. Standard conditions, when referring to units of measure, means a temperature of 68 °F (20 °C) and a pressure of 1 atmosphere (101.3 kilopascals). Startup period means, for incinerators and small, remote incinerators, the period of time between the activation of the system and the first charge to the unit. Useful thermal energy means energy (i.e., steam, hot water, or process heat) that meets the minimum operating temperature and/or pressure required by any energy use system that uses energy provided by the affected energy recovery unit. Waste-burning kiln means a kiln that is heated, in whole or in part, by combusting solid waste (as the term is defined by the Administrator in 40 CFR part 241). Secondary materials used in Portland cement kilns shall not be deemed to be combusted unless they are introduced into the flame zone in the hot end of the kiln or mixed with the precalciner fuel. Wet scrubber means an add-on air pollution control device that uses an aqueous or alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases. Wood waste means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include: (1) Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/ retail, institutional, or industrial sources as part of maintaining yards or other private or public lands; (2) Construction, renovation, or demolition wastes; or (3) Clean lumber. E:\FR\FM\23JNR2.SGM 23JNR2 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 1 TO SUBPART DDDD OF PART 60—MODEL RULE—INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDULES TABLE 1 TO SUBPART DDDD OF PART 60—MODEL RULE—INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDULES—Continued Comply with these increments of progress By these dates 1 Comply with these increments of progress By these dates 1 Increment 1—Submit final control plan. (Dates to be specified in state plan). Increment 2—Final compliance. 41029 2 The date can be no later than 3 years after the effective date of state plan approval or December 1, 2005 for CISWI units that commenced construction on or before November 30, 1999. The date can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018, for CISWI units that commenced construction on or before June 4, 2010. (Dates to be specified in state plan).2 1 Site-specific schedules can be used at the discretion of the state. TABLE 2 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS BEFORE [Date to be specified in state plan] 2 For the air pollutant You must meet this emission limitation 1 Using this averaging time And determining compliance using this method Cadmium .......................... Carbon monoxide ............ 0.004 milligrams per dry standard cubic meter. 157 parts per million by dry volume .. Dioxins/furans (toxic equivalency basis). Hydrogen chloride ............ 0.41 nanograms per dry standard cubic meter. 62 parts per million by dry volume .... Performance test (Method 29 of appendix A of this part). Performance test (Method 10, 10A, or 10B, of appendix A of this part). Performance test (Method 23 of appendix A of this part). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). Lead ................................. 0.04 milligrams per dry standard cubic meter. 0.47 milligrams per dry standard cubic meter. 3-run average (1 hour minimum sample time per run). 3-run average (1 hour minimum sample time per run). 3-run average (1 hour minimum sample time per run). 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). 3-run average (1 hour minimum sample time per run). 3-run average (1 hour minimum sample time per run). Mercury ............................ Opacity ............................. 10 percent ......................................... Oxides of nitrogen ........... 388 parts per million by dry volume .. Particulate matter ............. 70 milligrams per dry standard cubic meter. 20 parts per million by dry volume .... Sulfur dioxide ................... Three 1-hour blocks consisting of ten 6-minute average opacity values. 3-run average (1 hour minimum sample time per run). 3-run average (1 hour minimum sample time per run). 3-run average (1 hour minimum sample time per run). Performance test (Method 29 of appendix A of this part) Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).3 Performance test (Method 9 at 40 CFR part 60, appendix A–4). Performance test (Methods 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 5 or 29 of appendix A of this part). Performance test (Method 6 or 6c of appendix A of this part). 1 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 3 Incorporated by reference, see § 60.17. 2 Applies TABLE 3 TO SUBPART DDDD OF PART 60—MODEL RULE—OPERATING LIMITS FOR WET SCRUBBERS And monitor using these minimum frequencies You must establish these operating limits Charge rate ............................. asabaliauskas on DSK3SPTVN1PROD with RULES For these operating parameters Pressure drop across the wet scrubber or amperage to wet scrubber. Scrubber liquor flow rate ........ Scrubber liquor pH .................. 1 Calculated VerDate Sep<11>2014 Data measurement Data recording Maximum charge rate ............ Continuous ................ Every hour ................. Minimum pressure drop or amperage. Continuous ................ Every 15 minutes ...... Daily (batch units). 3-hour rolling (continuous and intermittent units).1 3-hour rolling.1 Minimum flow rate ................. Minimum pH ........................... Continuous ................ Continuous ................ Every 15 minutes ...... Every 15 minutes ...... 3-hour rolling.1 3-hour rolling.1 each hour as the average of the previous 3 operating hours. 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 Averaging time 41030 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 4 TO SUBPART DDDD OF PART 60—MODEL RULE—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 0.5 0.1 0.1 0.1 0.01 0.001 0.1 0.5 0.05 0.1 0.1 0.1 0.1 0.01 0.01 0.001 TABLE 5 TO SUBPART DDDD OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS 1 Report Due date Contents Waste Management Plan .... No later than the date specified in table 1 for submittal of the final control plan. No later than 60 days following the initial performance test. • Waste management plan ....................... § 60.2755. • Complete test report for the initial performance test. • The values for the site-specific operating limits. • Installation of bag leak detection systems for fabric filters. • Name and address ................................ § 60.2760. Initial Test Report ................ asabaliauskas on DSK3SPTVN1PROD with RULES Annual report ...................... VerDate Sep<11>2014 No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more than 12 months following the previous report. • Statement and signature by responsible official • Date of report ......................................... • Values for the operating limits ............... • Highest recorded 3-hour average and the lowest 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported. • If a performance test was conducted during the reporting period, the results of the test. • If a performance test was not conducted during the reporting period, a statement that the requirements of § 60.2720(a) were met. • Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than 2 weeks. • If you are conducting performance tests once every 3 years consistent with § 60.2720(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in the last 2 performance tests to the 75 percent emission limit threshold required in § 60.2720(a) and a statement as to whether there have been any operational changes since the last performance test that could increase emissions. 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM Reference 23JNR2 §§ 60.2765 and 60.2770. Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 41031 TABLE 5 TO SUBPART DDDD OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS 1—Continued Report Due date Contents Emission limitation or operBy August 1 of that year for data collected ating limit deviation report. during the first half of the calendar year. By February 1 of the following year for data collected during the second half of the calendar year. Qualified Operator Deviation Notification. Within 10 days of deviation ....................... Qualified Operator Deviation Status Report. Every 4 weeks following deviation ............ Qualified Operator Deviation Notification of Resumed Operation. Prior to resuming operation ....................... 1 This Reference • Dates and times of deviation ................. • Averaged and recorded data for those dates. • Duration and causes of each deviation and the corrective actions taken. • Copy of operating limit monitoring data and any test reports. • Dates, times and causes for monitor downtime incidents. • Statement of cause of deviation ............ • Description of efforts to have an accessible qualified operator. • The date a qualified operator will be accessible. • Description of efforts to have an accessible qualified operator. • The date a qualified operator will be accessible. • Request for approval to continue operation. • Notification that you are resuming operation. § 60.2775 and 60.2780. § 60.2785(a)(1). § 60.2785(a)(2). § 60.2785(b) table is only a summary, see the referenced sections of the rule for the complete requirements. TABLE 6 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND AFTER [Date to be specified in state plan] 1 You must meet this emission limitation 2 Using this averaging time And determining compliance using this method Cadmium .......................... 0.0026 milligrams per dry standard cubic meter. Carbon monoxide ............ 17 parts per million dry volume ......... Dioxins/furans (total mass basis). 4.6 nanograms per dry standard cubic meter. 0.13 nanograms per dry standard cubic meter. Hydrogen chloride ............ 29 parts per million dry volume ......... Lead ................................. 0.015 milligrams per dry standard cubic meter 3. Mercury ............................ 0.0048 milligrams per dry standard cubic meter. Oxides of nitrogen ........... 53 parts per million dry volume ......... Particulate matter filterable. 34 milligrams per dry standard cubic meter. Sulfur dioxide ................... 11 parts per million dry volume ......... 3-run average (collect a minimum volume of 2 dry standard cubic meters). 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 2 dry standard cubic meters). 3-run average (collect a minimum volume of 2 dry standard cubic meters). 3-run average (For Method 26, collect a minimum volume of 60 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). 3-run average (collect a minimum volume of 2 dry standard cubic meters). 3-run average (For Method 29 an ASTM D6784–02 (Reapproved 2008) 4, collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A). 3-run average (for Method 7E, 1 hour minimum sample time per run). 3-run average (collect a minimum volume of 1 dry standard cubic meter). 3-run average (1 hour minimum sample time per run). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Performance test (Method 10 at 40 CFR part 60, appendix A–4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). Dioxins/furans (toxic equivalency basis). asabaliauskas on DSK3SPTVN1PROD with RULES For the air pollutant VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM Performance test (Method 23 at 40 CFR part 60, appendix A–7). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008). 4 Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 5 or 29 at 40 CFR part 60, appendix A–3 or appendix A–8). Performance test (Method 6 or 6c at 40 CFR part 60, appendix A–4). 23JNR2 41032 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 6 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND AFTER—Continued [Date to be specified in state plan] 1 For the air pollutant You must meet this emission limitation 2 Using this averaging time And determining compliance using this method Fugitive ash ..................... Visible emissions for no more than 5% of the hourly observation period. Three 1-hour observation periods ..... Visible emission test (Method 22 at 40 CFR part 60, appendix A–7). 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of the other provisions of § 60.2720 are met. For all other pollutants that do not contain a footnote ‘‘3’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. 4 Incorporated by reference, see § 60.17. TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY UNITS AFTER MAY 20, 2011 [Date to be specified in state plan] 1 You must meet this emission limitation 2 Using this averaging time And determining compliance using this method 3-run average (collect a minimum volume of 2 dry standard cubic meters). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 4 dry standard cubic meter). Performance test (Method 10 at 40 CFR part 60, appendix A–4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 4 dry standard cubic meters). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (for Method 26, collect a minimum of 120 liters; for Method 26A, collect a minimum volume of 1 dry standard cubic meter). 3-run average (collect a minimum volume of 2 dry standard cubic meters). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008),4 collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A). Biomass—290 parts per mil3-run average (for Method lion dry volume. Coal—460 7E, 1 hour minimum samparts per million dry volume. ple time per run). Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).4 For the air pollutant Liquid/Gas Solids 0.023 milligrams per dry standard cubic meter. Carbon monoxide ....... 35 parts per million dry volume. Dioxins/furans (total mass basis). 2.9 nanograms per dry standard cubic meter. Dioxins/furans (toxic equivalency basis). 0.32 nanograms per dry standard cubic meter. Hydrogen chloride ...... 14 parts per million dry volume. Lead ........................... 0.096 milligrams per dry standard cubic meter. Mercury ...................... asabaliauskas on DSK3SPTVN1PROD with RULES Cadmium .................... 0.0024 milligrams per dry standard cubic meter. Oxides of nitrogen ...... 76 parts per million dry volume. VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 Biomass—0.0014 milligrams per dry standard cubic meter. Coal—0.0017 milligrams per dry standard cubic meter. Biomass—260 parts per million dry volume. Coal—95 parts per million dry volume. Biomass—0.52 nanograms per dry standard cubic meter.3 Coal—5.1 nanograms per dry standard cubic meter. Biomass—0.12 nanograms per dry standard cubic meter. Coal—0.075 nanograms per dry standard cubic meter3. Biomass—0.20 parts per million dry volume. Coal—58 parts per million dry volume. Biomass—0.014 milligrams per dry standard cubic meter.3 Coal—0.057 milligrams per dry standard cubic meter. Biomass—0.0022 milligrams per dry standard cubic meter. Coal—0.013 milligrams per dry standard cubic meter. PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 E:\FR\FM\23JNR2.SGM 23JNR2 Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 41033 TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY UNITS AFTER MAY 20, 2011—Continued [Date to be specified in state plan] 1 You must meet this emission limitation 2 Using this averaging time For the air pollutant Liquid/Gas And determining compliance using this method 3-run average (collect a minimum volume of 1 dry standard cubic meter). Performance test (Method 5 or 29 at 40 CFR part 60, appendix A–3 or appendix A–8) if the unit has an annual average heat input rate less than or equal to 250 MMBtu/hr; or PM CPMS (as specified in § 60.2710(x)) if the unit has an annual average heat input rate greater than 250 MMBtu/hr. Performance test (Method 6 or 6c at 40 CFR part 60, appendix A–4). Visible emission test (Method 22 at 40 CFR part 60, appendix A–7). Solids Particulate matter filterable. 110 milligrams per dry standard cubic meter. Biomass—11 milligrams per dry standard cubic meter. Coal—130 milligrams per dry standard cubic meter. Sulfur dioxide ............. 720 parts per million dry volume. Fugitive ash ................ Visible emissions for no more than 5 percent of the hourly observation period. Biomass—7.3 parts per mil3-run average (1 hour minlion dry volume. Coal—850 imum sample time per run). parts per million dry volume. Visible emissions for no more Three 1-hour observation pethan 5 percent of the hourly riods. observation period. 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of the other provisions of § 60.2720 are met. For all other pollutants that do not contain a footnote ‘‘3’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing, with the exception of annual performance tests to certify a CEMS or PM CPMS. 4 Incorporated by reference, see § 60.17. TABLE 8 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING KILNS AFTER MAY 20, 2011 [Date to be specified in state plan.] 1 For the air pollutant You must meet this emission limitation 2 Using this averaging time And determining compliance using this method 4 Cadmium ..................... 0.0014 milligrams per dry standard cubic meter 3. 110 (long kilns)/790 (preheater/ precalciner) parts per million dry volume. 1.3 nanograms per dry standard cubic meter. 0.075 nanograms per dry standard cubic meter 3. 3.0 parts per million dry volume 3. 3-run average (collect a minimum volume of 2 dry standard cubic meters). Performance test (Method 29 at 40 CFR part 60, appendix A–8). 3-run average (1 hour minimum sample time per run). Performance test (Method 10 at 40 CFR part 60, appendix A–4). 3-run average (collect a minimum volume of 4 dry standard cubic meters). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 4 dry standard cubic meters). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 1 dry standard cubic meter) or 30-day rolling average if HCl CEMS is being used. Performance test (Method 321 at 40 CFR part 63, appendix A of this part) or HCl CEMS if a wet scrubber or dry scrubber is not used, as specified in § 60.2710(j). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Carbon monoxide ........ Dioxins/furans (total mass basis). Dioxins/furans (toxic equivalency basis). Hydrogen chloride ....... asabaliauskas on DSK3SPTVN1PROD with RULES Lead ............................. Mercury ........................ Oxides of nitrogen ....... Particulate matter filterable. VerDate Sep<11>2014 0.014 milligrams per dry standard cubic meter 3. 0.011 milligrams per dry standard cubic meter. 630 parts per million dry volume. 13.5 milligrams per dry standard cubic meter. 18:31 Jun 22, 2016 Jkt 238001 3-run average (collect a minimum volume of 2 dry standard cubic meters). 30-day rolling average .................................... 3-run average (for Method 7E, 1 hour minimum sample time per run). 30-day rolling average .................................... PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 Mercury CEMS or sorbent trap monitoring system (performance specification 12A or 12B, respectively, of appendix B of this part), as specified in § 60.2710(j). Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). PM CPMS (as specified in § 60.2710(x)). E:\FR\FM\23JNR2.SGM 23JNR2 41034 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations TABLE 8 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING KILNS AFTER MAY 20, 2011—Continued [Date to be specified in state plan.] 1 For the air pollutant You must meet this emission limitation 2 Using this averaging time And determining compliance using this method 4 Sulfur dioxide ............... 600 parts per million dry volume. 3-run average (for Method 6, collect a minimum of 20 liters; for Method 6C, 1 hour minimum sample time per run). Performance test (Method 6 or 6c at 40 CFR part 60, appendix A–4). 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of the other provisions of § 60.2720 are met. For all other pollutants that do not contain a footnote ‘‘3’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing, with the exception of annual performance tests to certify a CEMS or PM CPMS. 4 Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in 60.2710(y)(3). They are not be subject to the CEMS, sorbent trap or CPMS requirements that otherwise may apply to the main kiln exhaust. TABLE 9 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE INCINERATORS AFTER MAY 20, 2011 [Date to be specified in state plan] 1 For the air pollutant You must meet this emission limitation 2 Using this averaging time And determining compliance using this method Cadmium ..................... 0.95 milligrams per dry standard cubic meter. 64 parts per million dry volume. 4,400 nanograms per dry standard cubic meter. 180 nanograms per dry standard cubic meter. Visible emissions for no more than 5 percent of the hourly observation period. 300 parts per million dry volume. 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). 3-run average (1 hour minimum sample time per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Performance test (Method 10 at 40 CFR part 60, appendix A–4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). 3-run average (collect a minimum volume of 1 dry standard cubic meters). Performance test (Method 23 at 40 CFR part 60, appendix A–7). Three 1-hour observation periods .................. Visible emissions test (Method 22 at 40 CFR part 60, appendix A–7). 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). Carbon monoxide ........ Dioxins/furans (total mass basis). Dioxins/furans (toxic equivalency basis). Fugitive ash ................. Hydrogen chloride ....... Lead ............................. Mercury ........................ Oxides of nitrogen ....... Particulate matter ........ (filterable) ..................... asabaliauskas on DSK3SPTVN1PROD with RULES Sulfur dioxide ............... 2.1 milligrams per dry standard cubic meter. 0.0053 milligrams per dry standard cubic meter. 190 parts per million dry volume. 270 milligrams per dry standard cubic meter. 150 parts per million dry volume. 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008),3 collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A). 3-run average (for Method 7E, 1 hour minimum sample time per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters). 3-run average (for Method 6, collect a minimum of 20 liters per run; for Method 6C, 1 hour minimum sample time per run). Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use ICPMS for the analytical finish. Performance test (Method 29 or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).3 Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 5 or 29 at 40 CFR part 60, appendix A–3 or appendix A–8). Performance test (Method 6 or 6c at 40 CFR part 60, appendix A–4). 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 Incorporated by reference, see § 60.17. [FR Doc. 2016–13687 Filed 6–22–16; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 18:31 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4701 Sfmt 9990 E:\FR\FM\23JNR2.SGM 23JNR2

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40955-41034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13687]

[[Page 40955]]

Vol. 81

Thursday,

No. 121

June 23, 2016

Part II

Environmental Protection Agency

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40 CFR Part 60

Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units; Final Rule

Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules
and Regulations

[[Page 40956]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0119; FRL-9945-72-OAR]
RIN 2060-AS11

Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of final action on reconsideration.

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

SUMMARY: This action sets forth the Environmental Protection Agency's
(EPA) final decision on the issues for which it granted reconsideration
on January 21, 2015, which pertain to certain aspects of the February
7, 2013, final rule titled ``Standards of Performance for New
Stationary Sources and Emissions Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration Units'' (CISWI
rule). The EPA is finalizing proposed actions on these four topics:
Definition of ``continuous emission monitoring system (CEMS) data
during startup and shutdown periods;'' particulate matter (PM) limit
for the waste-burning kiln subcategory; fuel variability factor (FVF)
for coal-burning energy recovery units (ERUs); and the definition of
``kiln.'' This action also includes our final decision to deny the
requests for reconsideration of all other issues raised in the
petitions for reconsideration of the 2013 final commercial and
industrial solid waste incineration rule for which we did not grant
reconsideration.

DATES: The amendments in this rule to 40 CFR part 60, subpart DDDD, are
effective June 23, 2016, and to 40 CFR part 60, subpart CCCC, are
effective December 23, 2016. The incorporation by reference of certain
publications listed in this rule was approved February 7, 2013.

ADDRESSES: The EPA has established a docket for this action on the
commercial and industrial solid waste incineration rule under Docket ID
No. EPA-HQ-OAR-2003-0119. All documents in the docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744 and the telephone number for the Docket
Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information, contact Dr.
Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies
and Programs Division (E143-05), Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-5572; fax number: (919) 541-3470; email address:
modak.nabanita@epa.gov.

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

I. General Information
A. Does this reconsideration action apply to me?
B. How do I obtain a copy of this document and other related
information?
C. Judicial Review
II. Summary of Final Amendments
A. Background Information
B. Actions We Are Taking
C. Other Actions We Are Taking
III. Summary of Significant Changes Since Proposal
IV. Summary of Significant Comments and Responses
A. Definition of ``CEMS Data During Startup and Shutdown
Periods''
B. PM Limit for the Waste-Burning Kiln Subcategory
C. FVF for Coal-Burning Energy Recovery Units
D. Definition of ``Kiln''
V. Technical Corrections and Clarifications
A. 2000 CISWI New Source Applicability Clarification for
Incinerators and Air Curtain Incinerators
B. Typographical Errors and Corrections
C. Clarifications
VI. Environmental, Energy and Economic Impacts
VII. 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
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)

Preamble Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

Btu British thermal unit
CAA Clean Air Act
CBI Confidential business information
Cd Cadmium
CEMS Continuous emissions monitoring systems
CFR Code of Federal Regulations
CISWI Commercial and Industrial Solid Waste Incineration
CO Carbon monoxide
CO2 Carbon dioxide
CPMS Continuous Parameter Monitoring System
dscm Dry standard cubic meter
EG Emission Guidelines
EJ Environmental Justice
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
ESP Electrostatic precipitator
FVF Fuel variability factor
HCl Hydrogen chloride
Hg Mercury
ICR Information collection request
MACT Maximum achievable control technology
mg/dscm Milligrams per dry standard cubic meter
mmBtu/hr Million British thermal units per hour
NAICS North American Industrial Classification System
NESHAP National emission standards for hazardous air pollutants
ng/dscm Nanograms per dry standard cubic meter
NHSM Non-hazardous secondary material(s)
NOX Nitrogen oxides
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PM Particulate matter (filterable, unless otherwise specified)
ppm Parts per million
ppmv Parts per million by volume
ppmvd Parts per million by dry volume
PS Performance Specification
RCRA Resource Conservation and Recovery Act
RIN Regulatory Information Number
SBA Small Business Administration
SO2 Sulfur dioxide

[[Page 40957]]

SSM Startup, shutdown, and malfunction
The Court United States Court of Appeals for the District of
Columbia Circuit
TTN Technology Transfer Network
ug/dscm Micrograms per dry standard cubic meter
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards
WWW World Wide Web

I. General Information

A. Does this reconsideration action apply to me?

Categories and entities potentially affected by the proposed action
are those that operate Commercial and Industrial Solid Waste
Incineration (CISWI) units. The New Source Performance Standards (NSPS)
and Emission Guidelines (EG), hereinafter referred to as ``standards,''
for CISWI affect the following categories of sources:

------------------------------------------------------------------------
Examples of potentially
Category NAICS \1\ code regulated entities
------------------------------------------------------------------------
Any industrial or commercial 211, 212, 486 Mining; oil and gas
facility using a solid waste exploration
incinerator. operations; pipeline
operators.
221 Utility providers.
321, 322, 337 Manufacturers of wood
products;
manufacturers of pulp,
paper and paperboard;
manufacturers of
furniture and related
products.
325, 326 Manufacturers of
chemicals and allied
products;
manufacturers of
plastics and rubber
products.
327 Manufacturers of
cement; nonmetallic
mineral product
manufacturing.
333, 336 Manufacturers of
machinery;
manufacturers of
transportation
equipment.
423, 44 Merchant wholesalers,
durable goods; retail
trade.
------------------------------------------------------------------------
\1\ North American Industrial Classification System.

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
final action. To determine whether your facility would be affected by
this final action, you should examine the applicability criteria in 40
CFR 60.2010 of subpart CCCC, 40 CFR 60.2505 of subpart DDDD and 40 CFR
part 241. If you have any questions regarding the applicability of this
final action to a particular entity, contact the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

B. How do I obtain a copy of this document and other related
information?

The docket number for this final action regarding the CISWI NSPS
(40 CFR part 60, subpart CCCC) and EG (40 CFR part 60, subpart DDDD) is
Docket ID No. EPA-HQ-OAR-2003-0119. In addition to being available in
the docket, an electronic copy of this final action is available on the
World Wide Web (WWW) through the Technology Transfer Network (TTN) Web.
Following signature, the EPA posted a copy of the proposed action at
https://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. The TTN provides
information and technology exchange in various areas of air pollution
control.

C. Judicial Review

Under the CAA section 307(b)(1), judicial review of this final rule
is available only by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit (D.C. Circuit) by
August 22, 2016. Under CAA section 307(d)(7)(B), only an objection to
this final rule that was raised with reasonable specificity during the
period for public comment can be raised during judicial review. Any
person seeking to make such a demonstration to us should submit a
Petition for Reconsideration to the Office of the Administrator,
Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200
Pennsylvania Ave. NW., Washington, DC 20004, with a copy to the persons
listed in the preceding FOR FURTHER INFORMATION CONTACT section, and
the Associate General Counsel for the Air and Radiation Law Office,
Office of General Counsel (Mail Code 2344A), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Note, under
CAA section 307(b)(2), the requirements established by this final rule
may not be challenged separately in any civil or criminal proceedings
brought by the EPA to enforce these requirements.

II. Summary of Final Amendments

A. Background Information

On March 21, 2011, the EPA promulgated revised NSPS and EG for
CISWI units. Following that action, the Administrator received
petitions for reconsideration that identified certain issues that
warranted further opportunity for public comment. In response to the
petitions, the EPA reconsidered and requested comment on several
provisions of the February 2011 final NSPS and EG for commercial and
industrial solid waste incineration units. The EPA published the
proposed revisions to the NSPS and EG for commercial and industrial
solid waste units on December 23, 2011 (76 FR 80452).
On February 7, 2013, the EPA promulgated the final reconsidered
NSPS and EG for CISWI units (78 FR 9112). The final rule made some
revisions to the December 2011 proposed reconsideration rule in
response to comments and additional information received. Following
that action, the EPA again received petitions for reconsideration.
These petitions stated certain provisions should be reconsidered and
that the public lacked sufficient opportunity to comment on some of the
provisions contained in the final 2013 CISWI rule. On January 21, 2015,
the EPA reconsidered and requested comment on four provisions of the
2013 final NSPS and EG for CISWI units. Additionally, the EPA proposed
clarifying changes and corrections to the final rule, some of which
were raised in petitions for reconsideration of the 2013 CISWI rule.
The EPA also proposed to amend the final rule by removing the
affirmative defense provision. The EPA continued to evaluate the
remaining issues raised in the petitions for reconsideration of the
February 7, 2013 final CISWI reconsideration based on public comments
received on the January 21, 2015, proposed reconsideration. For a more
detailed background and additional information on how this rule is
related to other CAA combustion rules issued under CAA section 112 and

[[Page 40958]]

the Resource Conservation and Recovery Act (RCRA) definition of solid
waste, refer to prior notices (76 FR 15704, 78 FR 9112).

B. Actions We Are Taking

In this document, we are finalizing amendments associated with
certain issues raised by Petitioners in their petitions for
reconsideration on the 2013 CISWI rule. These provisions are: (1)
Definition of ``CEMS data during startup and shutdown periods;'' (2)
particulate matter (PM) limit for the waste-burning kiln subcategory;
(3) fuel variability factor (FVF) for coal-burning energy recovery
units (ERUs); and (4) the definition of ``kiln.'' The final amendments
are summarized as follows:
1. Definition of ``CEMS data during startup and shutdown periods'':
The EPA is revising the ``CEMS data during startup and shutdown''
definition to be subcategory-specific. For ERUs and waste-burning
kilns, the definitions reflect provisions similar to those of the non-
waste counterpart National Emission Standards for Hazardous Air
Pollutants (NESHAP) to CISWI for the type of source (i.e., boilers and
cement kilns). Therefore, ERUs will comply with provisions similar to
those in the major source Boiler NESHAP, and waste-burning kilns will
comply with provisions similar to those in the Portland Cement NESHAP.
For incinerators and small remote incinerators, the proposed definition
(i.e., from a cold start and up to 48 hours for startup and 24 hours or
less for shutdown) will apply.
2. Particulate matter limit for the waste-burning kiln subcategory:
The EPA has determined that the test averages, instead of the
individual test runs, should be used to establish the standards for new
and existing waste-burning kilns. Based on that approach, the final PM
emission limits for existing kilns is 13.5 mg/dscm and the final PM
emission limit for new kilns is 4.9 mg/dscm.
3. Fuel variability factor (FVF) for coal-burning energy recovery
units: The EPA is incorporating a fuel variability factor and adopting
as final the emission limits discussed in the proposed rule for cadmium
(Cd), hydrogen chloride (HCl), mercury (Hg), lead (Pb), filterable
particulate matter (PM), and nitrogen oxides (NOX).
Additionally, the EPA has re-evaluated the fuel sulfur data with paired
sulfur dioxide (SO2) data and is incorporating a FVF into
the floor calculations for SO2. The final SO2
limit for existing and new coal ERUs is 850 parts per million by dry
volume (ppmvd).
4. Definition of ``kiln'': The EPA is finalizing a definition of
``kiln'' that is consistent with that of the Portland Cement NESHAP.
The terms ``in-line raw mill'' and ``in-line coal mill'' are included
in the definition, and, therefore, have been added to the definitions
within the CISWI rule. Furthermore, the EPA is finalizing the proposed
compliance demonstration and ongoing monitoring method for waste-
burning kilns that combine emission streams from the in-line raw mill
and/or the in-line coal mill and exhaust through multiple stacks. The
EPA is also finalizing clarifying language that makes the monitoring
requirements for waste-burning kilns consistent with those in the
Portland Cement NESHAP. Specifically, we are not requiring that CEMS or
PM continuous parameter monitoring systems (CPMS) be installed on
separate alkali bypass or in-line coal mill stacks. Instead, as is the
case with the Portland Cement NESHAP, the results of the initial and
subsequent performance tests for the alkali bypass and in-line coal
mill stacks can be used to determine the combined emissions to
demonstrate compliance with the relevant emissions limit. However,
unlike the Portland Cement NESHAP, the performance test must be
conducted on an annual basis (between 11 and 13 calendar months
following the previous performance test) to keep the testing schedule
for these stacks consistent with the CISWI rule's annual performance
testing requirements.
Section IV of this preamble discusses these issues in further
detail and presents the revisions necessary to address each issue.
Additionally, the EPA is clarifying certain applicability
provisions relating to incinerator units and air curtain incinerator
units subject to the 2000 CISWI NSPS and is correcting various
typographical errors identified in the rule as published in the CFR.
Section V of this preamble discusses these issues in further detail.
The EPA is also finalizing the proposed amendments to the final
rule by removing the affirmative defense provision for the reasons set
forth in the proposed rule. See 80 FR 3018, 3025 (January 21, 2015).

C. Other Actions We Are Taking

Section 307(d)(7)(B) of the CAA states that ``[o]nly an objection
to a rule or procedure which was raised with reasonable specificity
during the period for public comment (including any public hearing) may
be raised during judicial review. If the person raising an objection
can demonstrate to the Administrator that it was impracticable to raise
such objection within such time or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule, the Administrator shall convene a
proceeding for reconsideration of the rule and provide the same
procedural rights as would have been afforded had the information been
available at the time the rule was proposed. If the Administrator
refuses to convene such a proceeding, such person may seek review of
such refusal in the United States court of appeals for the appropriate
circuit (as provided in subsection (b)).''
As to the first procedural criterion for reconsideration, a
petitioner must show why the issue could not have been presented during
the comment period, either because it was impracticable to raise the
issue during that time or because the grounds for the issue arose after
the period for public comment (but within 60 days of publication of the
final action). The EPA is denying the petitions for reconsideration on
a number of issues because this criterion has not been met. In many
cases, the petitions reiterate comments made on the proposed December
2011 rule during the public comment period for that rule. On those
issues, the EPA responded to those comments in the final rule and made
appropriate revisions to the proposed rule after consideration of
public comments received. It is well established that an agency may
refine its proposed approach without providing an additional
opportunity for public comment. See Community Nutrition Institute v.
Block, 749 F.2d at 58 and International Fabricare Institute v. EPA, 972
F.2d 384, 399 (D.C. Cir. 1992) (notice and comment is not intended to
result in ``interminable back-and-forth[,]'' nor is an agency required
to provide additional opportunity to comment on its response to
comments) and Small Refiner Lead Phase-Down Task Force v. EPA, 705 F.2d
506, 547 (D.C. Cir. 1983) (``notice requirement should not force an
agency endlessly to repropose a rule because of minor changes'').
In the EPA's view, an objection is of central relevance to the
outcome of the rule only if it provides substantial support for the
argument that the promulgated regulation should be revised. See Union
Oil v. EPA, 821 F.2d 768, 683 (D.C. Cir. 1987) (court declined to
remand rule because petitioners failed to show substantial likelihood
that final rule would have been changed

[[Page 40959]]

based on information in petition). See also the EPA's Denial of the
Petitions to Reconsider the Endangerment and Cause or Contribute
Findings for Greenhouse Gases under Section 202 of the Clean Air Act,
75 FR at 49556, 49561 (August 13, 2010). See also 75 FR at 49556,
49560-49563 (August 13, 2010) and 76 FR at 4780, 4786-4788 (January 26,
2011) for additional discussion of the standard for reconsideration
under CAA section 307(d)(7)(B).
This action includes our final decision to deny the requests for
reconsideration with respect to all issues raised in the petitions for
reconsideration of the final 2013 CISWI rule for which we did not grant
reconsideration. These denied requests for reconsideration are
discussed in detail in the ``Reconsideration issues on the 2013 final
rule'' memorandum found in the docket to this rulemaking.

III. Summary of Significant Changes Since Proposal

The EPA did not propose revisions to the definition of ``CEMS data
during startup and shutdown,'' but requested comment and suggestions
for provisions in this definition that would address the transitional
operation period at startup. Based on our review of comments received
and suggestions on provisions, we are finalizing revised subcategory-
specific definitions for ``CEMS data during startup and shutdown'' that
are operationally representative for the subcategory of unit, and more
closely resemble the non-waste burning regulatory definitions of these
periods of operation. This issue, and the rationale for doing so, are
discussed in greater detail in section IV.A. of this preamble.
Similarly, the EPA did not propose PM emission limits for waste-
burning kilns based on test average data instead of test run data, but
requested comment on the appropriateness of such an approach for this
set of data. Upon consideration of comments, the EPA has determined to
adopt the emission limits based on test average data for PM for the
waste-burning kiln subcategory, and we have discussed our rationale for
this in section IV.B. of this preamble.
The EPA did not propose but requested comment and additional data
concerning the need for a FVF for coal-fired ERUs. Potential emission
limits based on periods of non-waste combustion and, if applicable, a
FVF for coal ERUs were discussed in the proposal for coal-burning ERUs
for Cd, HCl, Hg, Pb, PM, and NOX. Based on comments and
additional analysis, the EPA is adopting these emission limits and also
incorporating a FVF into the floor calculations for the SO2
emission limit. The EPA did not discuss a FVF for SO2 at
proposal because the sulfur data the EPA had intended to use to develop
the FVF appeared to have only one data point that could be paired with
SO2 emissions test data. It was brought to the EPA's
attention during the comment period, however, that there were in fact
two data points in the sulfur data set that could be paired with
emissions test data. It was not initially clear that the coal samples
dated 4-9 days prior to the emissions test were paired samples.
However, during the comment period, a commenter informed the EPA these
data were paired and the different dates were due to the lag time
between sampling and actual combustion. This clarification enabled the
EPA to determine that sufficient paired data exist for the calculation
of a FVF for SO2, which resulted in a revised SO2
emission limit of 850 ppmvd for new and existing coal ERUs. Consistent
with the January 21, 2015 proposal, the EPA is adopting this revised
emission limit to account for the fuel variability for this subcategory
of CISWI units. Section IV.C of this preamble discusses this issue in
further detail and responds to comments on the issue.
Additionally, the HCl CEMS requirements for waste-burning kilns not
equipped with acid gas wet or dry scrubbers have been revised in
response to comments and to be more consistent with more recently
promulgated monitoring provisions included in the Portland Cement
NESHAP rule. These revised provisions allow sources to use CEMS
installed and operated according to either Performance Specification 15
or Performance Specification 18 to continuously monitor HCl emissions.
The revised provisions also provide additional clarification and detail
to sources on the procedures to use for calibrating and verifying the
performance of the HCl CEMS.

IV. Summary of Significant Comments and Responses

This section of the preamble summarizes the major comments received
regarding the reconsidered issues and the EPA's responses in support of
this final rule. For other comments not discussed here, refer to the
``Summary of Public Comments and Responses for Commercial and
Industrial Solid Waste Incineration Units: 2015 Reconsideration and
Final Amendments'' in the docket.

A. Definition of ``CEMS Data During Startup and Shutdown Periods''

Background: In the January 21, 2015, proposal, the EPA requested
comments on the definition of ``CEMS data during startup and shutdown''
that was in the February 2013 final rule. As background, the 2011 CISWI
final rule contained CEMS monitoring requirements for carbon monoxide
(CO) from new sources, including a provision that mandated a 7 percent
oxygen correction. After the 2011 CISWI final rule was published,
petitioners indicated that correcting CO concentration measurements to
7 percent oxygen is problematic during startup and shutdown periods
when the flue gas oxygen content approaches the oxygen content of
ambient air, especially with regard to the ERU subcategory. Oxygen
contents are often maintained relatively close to ambient air during
combustion unit startup and shutdown in order to safely operate the
unit, but, as a result, the corrected CO values during these periods
are artificially inflated due to the oxygen correction calculation.
Petitioners presented data that demonstrated how these inflated data
points drive the 30-day rolling average values beyond the emission
limit.
To resolve this issue, the EPA determined that the 7 percent oxygen
correction would not be required for CEMS data collected during periods
of startup and shutdown, referred to and defined as ``CEMS data during
startup and shutdown.''
Based on data submitted for coal-burning ERUs, a new definition of
``CEMS data during startup and shutdown'' was proposed in the December
2011 reconsideration proposal that referred to the data collected
during the first 4 hours of operation of an energy recovery unit
starting up from a cold start and the hour of operation following the
cessation of waste material being fed to the unit during shutdown.
The EPA received comments on the proposed definition expressing
concern that the time limits included in the definition may not
accurately represent all CISWI unit types. Further, commenters argued
that the same logic should apply for all CEMS-measured emission limits,
not just CO. They explained that, even though CEMS is a compliance
alternative rather than a requirement for most CISWI standards, other
air regulations and permit requirements may require the units to
continue to monitor emissions using CEMS data. Therefore, in the
February 2013 CISWI final rule, the definition was revised to include
all pollutants measured with a CEMS, expanded to include a separate
definition for waste-burning kilns, and revised to remove the 4-hour
and 1-hour time limits in the

[[Page 40960]]

definition. Within that definition, the EPA defined the end of the
startup period and the beginning of the shutdown period as the
introduction and cessation of waste fed to the unit, respectively.
Information available for the best performing units described their
typical operation and supported defining the startup and shutdown
periods based on the introduction and cessation of waste being fed to
the units. Furthermore, for the incinerator, small remote incinerator,
and the ERU subcategories, the February 2013 action specified an upper
limit of 48 hours for startup periods and 24 hours for shutdown periods
of CEMS data, consistent with information provided by commenters.
After the February 2013 CISWI final rule was promulgated, the EPA
received petitions stating that stakeholders did not have the
opportunity to comment on the final definition, especially the clause
that defines the beginning and ending of these periods as the
introduction and cessation, respectively, of waste material being fed
to the combustor. Petitioners argued that, with the inclusion of the
provision ending startup when waste is added to the unit, the end of
startup will occur too early because units that combust waste often
introduce waste before steady state operations to transition from
startup fuel to waste and other primary fuel combustion. For this
reason, the petitioners argued that the EPA should extend the startup
period duration to include the period of time when sources are
transitioning to waste combustion from the startup fuel.
On January 21, 2015, the EPA requested comment on whether the
definition should be revised to extend the startup period to include
this transitional period of combustor operation. In addition, the EPA
requested that commenters suggest provisions that would ensure adequate
application of the CEMS data during startup and shutdown definition,
such as maximum allowable time limits after introduction of waste, if
the agency were to allow solid waste combustion during startup.
Comment: Several commenters supported, to a degree, the EPA's
change in the 2013 final rule from the proposed 4-hour and 1-hour time
limits on the definitions of CEMS data during startup and shutdown to
the more subcategory-specific definitions found in the 2013 final rule,
but suggested additional revisions to make the definition more
accurately reflect these periods for certain types of units. Commenters
noted technical reasons during startup that cause corrected emissions
concentrations to possibly show emissions in excess of those occurring
during normal, steady-state operation due to the 7 percent oxygen
correction. These reasons included: (1) Stack oxygen levels approach
ambient levels, inflating oxygen correction factors even though mass
emission rates are low; (2) the combustor has not attained optimal
temperature, turbulence, and residence time conditions, which are key
factors for control of combustion-related emissions; and (3) air
pollution control equipment has not achieved necessary minimum
temperature and/or other operating conditions necessary for effective
steady-state performance on which the standards are based. The
commenters also asserted that, while elevated emissions do occur during
startups, the magnitude and period of elevated emissions will be
actively minimized as required by the ``general duty'' provisions to
minimize emissions at all times including startups and shutdowns.
Additionally, the commenters argued that, for ERUs, at least, unit
operators are economically motivated to minimize the duration of any
startups, because the shorter the startup, the quicker a unit can be
brought online to sell steam and/or connect to the grid and sell power.
Also with respect to ERUs, commenters stated that units firing solid
material on grates or in fluidized beds require more time for the
material to fully ignite and achieve the optimal combustion conditions
than gaseous or liquid-fired units do. The commenters stated that
elevated corrected emission concentrations following initial solid
material firing is an inherent characteristic of ERU subcategories such
as stoker and fluidized bed biomass ERUs. In conclusion, the commenters
recommended that, given the virtually identical technologies used for
both boilers and CISWI ERUs, the EPA should incorporate language in the
CEMS data definition similar to that which it proposed in the major
source and area source Boiler NESHAP rules. One commenter provided
mark-up language reflecting major source boiler language in the ``CEMS
data for startup and shutdown'' definition that would apply
specifically to CISWI ERUs, and a separate definition that could apply
to incinerators and small remote incinerators. For ERUs, the commenter
suggested the following definition, which eliminates the ``cold start''
and ``until waste is fed to the unit'' language, and adds the concept
of tying the CEMS data during startup period to the time that useful
thermal energy is generated.
The commenter suggested that CEMS data during startup and shutdown
should be defined as follows:
For energy recovery units: CEMS data collected during the first
hours of operation of a CISWI unit startup including the hours of
operation firing non-waste fuel and the hours following introduction of
waste to the unit until 4 hours after when the ERU makes useful thermal
energy (such as steam or heat) for heating, cooling, and process
purposes, or generates electricity, whichever is earlier, and the hours
of operation following the cessation of waste material being fed to the
CISWI unit during a unit shutdown. For each startup event, the length
of time that CEMS data may be claimed as being CEMS data during startup
must be 48 operating hours or less. For each shutdown event, the length
of time that CEMS data may be claimed as being CEMS data during
shutdown must be 24 operating hours or less.
As an alternative to the above definition, the commenter suggested
the definition could include the period of time up to 6 hours following
introduction of waste to the unit instead of tying the definition to
``useful thermal energy.'' The commenter noted that this might allow
the definition to be applicable to incinerators and small remote
incinerators.
Another commenter suggested that the first 48 hours of startup and
the last 24 hours of shutdown for incinerators, small remote
incinerators, and energy recovery units is adequate in most cases. This
commenter stated that any time the feed to a combustion chamber is
modified (e.g., new material added, same material with higher or lower
feed rates), the combustion process is disturbed. The commenter further
stated that the length of time it takes for the combustion process to
re-stabilize depends upon a number of factors (size of the combustion
unit, amount of waste introduced, the Btu content of the waste
introduced, the combustibility of that waste, the operating conditions,
etc.). Therefore, the commenter recommended that the CEMS data during
startup and shutdown are best decided on a site-specific basis and
urged the EPA to allow this as an option.
With respect to waste-burning kilns, one commenter argued that it
is highly beneficial to have the definitions of startup and shutdown
for kilns in the CISWI rule match the definitions in the Portland
Cement NESHAP. Therefore, the commenter supported having a separate
definition of CEMS data during startup and shutdown that applied to
waste-burning kilns, and that this

[[Page 40961]]

definition should also reflect provisions found in the Portland Cement
NESHAP. The commenter provided the following language as a suggestion
on what would be appropriate, and also suggested a corresponding
footnote to clarify that the 7 percent oxygen adjustment need not be
applied during periods of startup and shutdown:
``CEMS data during startup and shutdown means the following: (2)
For waste-burning kilns: CEMS data collected during the periods of kiln
operation that do not include normal operations. Startup means the time
from when a shutdown kiln first begins firing fuel until it begins
producing clinker. Startup begins when a shutdown kiln turns on the
induced draft fan and begins firing fuel in the main burner. Startup
ends when feed is being continuously introduced into the kiln for at
least 120 minutes or when the feed rate exceeds 60 percent of the kiln
design limitation rate, whichever occurs first. Shutdown means the
cessation of kiln operation. Shutdown begins when feed to the kiln is
halted and ends when continuous kiln rotation ceases.''
Response: Based on these comments and the EPA's goal to provide,
where appropriate, consistent regulatory provisions, the EPA has
determined to revise the definition of ``CEMS data during startup and
shutdown'' to be subcategory-specific. For ERUs and waste-burning
kilns, for example, the definition will reflect definitions similar to
those of the non-waste counterpart NESHAP to CISWI for the type of
source. Therefore, the final definition for ERUs will reflect
provisions found in the major source Boiler NESHAP, and the final
definition for waste-burning kilns will reflect provisions similar to
those in the Portland Cement NESHAP. For incinerators and small remote
incinerators, the proposed definition (i.e., from a cold start and up
to 48 hours for startup and 24 hours or less for shutdown) will still
apply. These subcategory-specific definitions provide a consistent
basis for ERUs and kilns that may change applicability periodically so
that owners and operators will have a consistent requirement for
demonstrating compliance regardless of the mode (waste or non-waste)
the unit is being operated in. Furthermore, for incinerators and small
remote incinerators, industry commenters are confident that the full
range of these sources will be able to maintain compliance with these
time allowances that were proposed.
We note that certain commenters indicate that reasons for changing
the definitions include that the units may have greater emissions
during startup and shutdown and also that pollution control equipment
may not be fully operational during startup. The EPA is not revising
the definitions to allow sources to violate the standard; instead the
change is designed to better reflect the actual operating conditions
during startup and shutdown. The oxygen correction is thus designed to
allow sources to use actual stack oxygen levels during these periods
instead of numbers corrected to 7 percent oxygen.\1\ If sources believe
that, even with the stack oxygen correction, emissions will exceed the
levels of the standard because of incomplete combustion or because air
pollution controls are not fully operational, they must take steps
(e.g., burn clean startup fuel for longer periods) to ensure
compliance.
---------------------------------------------------------------------------

\1\ Stack oxygen data must still be measured during these
periods, but since a correction to stack oxygen essentially means
multiplying the measured concentration by 1, the concentration value
measured at stack oxygen is used to calculate average
concentrations.
---------------------------------------------------------------------------

Finally, the subcategory-specific definitions of ``CEMS data during
startup and shutdown'' in this final rule more clearly specify the
beginning and end of startup and shutdown periods for each subcategory
of CISWI unit. However, we realize in doing so that the previous,
separate definitions of ``startup period'' and ``shutdown'' that have
been held over from the 2000 CISWI rule may now cause confusion for
waste-burning kilns and ERUs especially. Because the 2000 CISWI rule
applied to incinerator units (and not ERUs and waste-burning kilns), we
recognize the need to clarify that the ``startup period'' and
``shutdown'' definitions apply only to incinerators and small, remote
incinerators. For this reason, the EPA is revising the definitions of
``startup period'' and ``shutdown'' to clarify that they are intended
to apply only to incinerators and small, remote incinerators.
Comment: One commenter argued that allowing sources to comply with
emissions standards based on uncorrected emissions measurements would
be unlawful and arbitrary. The commenter explained that the EPA does
not claim that all units will have oxygen levels close to the ambient
air, that any units' oxygen levels will actually be at the level of the
ambient air during these periods, or that any units' oxygen levels will
be at that high level consistently. The commenter suggested that the
EPA should instead consider several other approaches. First, the
commenter suggested that the EPA could require sources to show
compliance during these periods using another method, such as stack
tests. The commenter stated that the EPA recognized that CEMS are a
compliance alternative rather than a requirement for most CISWI
standards. The commenter also argued that the EPA stated it is
maintaining CEMS as a compliance alternative during these periods
because ``other air regulations and permit requirements may require''
CEMS data. However, the commenter argued that the EPA did not state
what these other requirements are, or why the same CEMS problems it has
identified here do not apply to them. The commenter further argued that
even if other regulatory requirements do require sources to maintain
CEMS data, that does not compel the EPA to accept their data as
demonstrative of compliance with the requirements of the performance
standards and emissions guidelines for air pollution from CISWI. The
commenter also suggested that, if the CEMS compliance alternative were
retained, the EPA could require sources to correct their measurements
to the level of oxygen actually present, as measured by an oxygen
analyzer or another method. Finally, the commenter offered as an
alternative that the EPA could develop mass-based limits instead of
concentration-based limits, which do not require oxygen correction. The
commenter concluded that, because the EPA has not even considered these
alternatives, the proposal to allow sources to show compliance based on
measurements it does not dispute will be inaccurate is arbitrary as
well as unlawful.
Response: As we noted in the proposed rule, the rules generally
require stack emissions testing. These tests can span several hours.
The CISWI rule emission limits were based on data obtained during
normal operations, which is also what the rule requires for conducting
performance testing (see 40 CFR 60.2125(a) and 40 CFR 60.2690(a)). As
has been noted in other comments and in the costing analyses presented
in support of the CISWI rulemaking, the emission testing program is not
trivial in cost and effort. Therefore, adding a requirement for
additional stack testing during startup and shutdown periods, which
seems to be what this commenter suggests, would further add to the
compliance cost of the rule for obtaining data for a small portion of
the source's operations. The EPA does not believe this additional
monitoring is required to assure compliance with the standards.
As noted before and by some commenters, monitoring by CEMS is an
alternative, and may be useful for sources that are required by permit
or for Acid Rain program requirements (40

[[Page 40962]]

CFR part 75) to continually monitor emissions of certain pollutants,
primarily NOX and SO2. The EPA realized that the
interaction of newly applicable CISWI standards to ERUs and waste-
burning kilns may differ from existing requirements for these sources
developed under the Acid Rain program, permit requirements enacted for
state or local conditions, or even under various consent decrees. The
EPA also recognizes that different programs measure and evaluate
emissions for various purposes and in differing formats (e.g., lb/
MMBtu), and therefore disagrees with the commenter's assertions that if
these other programs do not need these provisions, then neither should
CISWI. In fact, the EPA maintains that the reasons other programs may
not require separate definitions is because they already have separate
startup and shutdown requirements in place for the program. For
example, appendix F of 40 CFR part 75 allows sources to calculate a
NOX emission rate using a ``diluent cap'' during periods of
operation (startup and shutdown) where CO2 and O2
are near ambient air levels.\2\ As many commenters have noted, these
``CEMS data during startup and shutdown'' revisions being finalized are
necessary to make attainable the CISWI requirement for the standards to
``apply at all times'' for sources that are otherwise required to
measure emissions using CEMS or that opt to measure emissions
continually. Further, the EPA does acknowledge that there are
instances, such as this one, where consistent regulatory provisions
will make compliance demonstrations easier for affected sources and
implementing agencies while still maintaining the integrity and goals
of the regulation. That is the case here, where multiple programs may
require or allow CEMS data for continuous compliance demonstrations.
---------------------------------------------------------------------------

\2\ See the ``2013 revision of the Part 75 Emissions Policy
Manual'' accessed August 18, 2015 at https://www.epa.gov/airmarkets/documents/monitoring/Final-Part75-Policy-Manual-2013-revised-08-27-13.pdf.
---------------------------------------------------------------------------

The commenter also suggested that either using CEMS data corrected
to stack oxygen or developing a mass-based standard should be
investigated. In essence, though, the revised provisions allow CEMS
data to be ``corrected to'' stack oxygen levels (that is, the numerator
and denominator of the oxygen correction are equal, so the correction
factor equals 1). Sources must still measure and record concentrations
and stack oxygen levels during these periods, and must keep records of
periods of CEMS data that are being claimed as periods of startup and
shutdown (See 40 CFR 60.2175(p) and 40 CFR 60.2740(o)). As many
commenters have already noted, the oxygen levels fluctuate widely
during startup and shutdown periods, so any basis other than using
stack oxygen levels for correction during this period would run into
the same type of calculation issue that we are attempting to remedy.
Similarly, a mass-based standard for CISWI units would be a significant
departure from the format of the existing standards, further
complicating compliance demonstrations by the facility and assessment
by the implementing agency. In order to develop a calculation-based
approach, the EPA would need to have information on the specific
materials being fed and resultant emissions for each of the best
performing units during startup and shutdown periods. These are data
that we do not have and the commenter did not provide any
recommendations on an approach that the EPA could consider absent these
data. In addition, the EPA did not reopen the specific standards or
form of the standards in the proposed rule, and we decline to establish
mass-based emission standards for that reason as well. We are not
revising the standards, but are revising only the monitoring provisions
of the standards to ensure that CEMS data collected are representative
of actual emissions during startup and shutdown periods and are not
being artificially inflated or influenced due to the 7 percent oxygen
correction. In the revisions, these intervals are clearly defined and
specific to the unit type to ensure this period is reasonable to ensure
safe operation while minimizing emissions.

B. PM Limit for the Waste-Burning Kiln Subcategory

Background: In the January 21, 2015, proposal, the EPA solicited
comments on the data set used to determine PM limits for new and
existing waste-burning kilns in the February 2013 final rule.
The March 2011 CISWI final rule promulgated PM emissions limits of
6.2 milligrams per dry standard cubic meter (mg/dscm) for existing
units, and 2.5 mg/dscm for new units, both corrected to 7 percent
oxygen. In an action parallel to the March 21, 2011, final CISWI rule,
the EPA promulgated a final rule that identifies the standards and
procedures for identifying whether non-hazardous secondary materials
(NHSM) are or are not solid waste when used as fuels or ingredients in
combustion units. The EPA defines the NHSM that are solid waste under
RCRA in the final ``Identification of Non-Hazardous Secondary Materials
That Are Solid Waste'' rulemaking. The RCRA definition of solid waste
is integral in defining the CISWI source category. Commercial and
industrial units that combust solid waste are subject to standards
issued pursuant to CAA section 129, rather than to standards issued
pursuant to CAA section 112 that would otherwise be applicable to such
units (e.g., boilers, process heaters and cement kilns). Cement kilns
combusting solid waste are waste-burning kilns subject to CISWI, not
the otherwise applicable Portland Cement NESHAP. Following promulgation
of the 2011 CISWI rule, the EPA again analyzed the materials being
combusted in the entire national inventory of Portland cement kilns in
light of the revisions to the NHSM rule, and made revisions to the
CISWI waste-burning kiln inventory. When kilns were added to the
inventory and their emissions data considered, the resulting NSPS and
EG PM emission limits proposed in the December 2011 reconsideration
were less stringent than those established in the March 2011 CISWI
final rule.
Following the December 2011 reconsideration proposal, the EPA
learned that one of the kilns in the CISWI inventory was no longer
burning waste, and another kiln that was not thought to be burning
waste materials was doing so. The CISWI waste-burning kiln inventory
was revised during the period between proposal and final to reflect
these changes, and the database updated to include emissions data for
the newly identified unit, as well as some additional test reports
obtained for units within the inventory. The EPA calculated the maximum
achievable control technology (MACT) floors after making the
appropriate revisions to the inventory and the new NSPS and EG PM
emission limits were more stringent than those proposed in the December
2011 reconsideration proposal. Table 1 of this preamble tracks the
progression of the waste-burning kiln PM limits from the March 2011
final rule through the February 2013 final rule.
Throughout the CISWI rulemaking process from March 2011 through
February 2013, the EPA used the same calculation methodology (i.e., the
upper prediction limit calculated from a population of individual test
runs) to establish the emission limits for waste-burning kilns.
However, the data set used in these calculations has changed and grown
over this period of time as the agency has revised the CISWI inventory
based on information submitted to the agency by the regulated

[[Page 40963]]

community and new data are submitted. As a result, a petitioner has
suggested that the current PM emission data set for waste-burning kilns
is robust enough to warrant using 3-run emission test averages as the
data population rather than the individual test runs. According to the
commenter, using this approach to calculate emission limits would
result in PM emission limits that are different than those of the
February 2013 CISWI final rule.
In the context of MACT analyses, as the EPA noted in the January
21, 2015 proposal, emission test averages or individual test run data
can be used to determine emissions variability of best performers. We
also noted that we typically use individual test runs, but for
categories with data from 15 \3\ or more sources, which would provide
at least 45 test runs, we may choose to use test averages. In these
larger data sets, the use of test averages are likely to be
sufficiently representative of long term performance and variability
without the need for use of the individual test runs.
---------------------------------------------------------------------------

\3\ The 15 test average number discussed in the January 21, 2015
proposal was not a ``bright line'' value used to establish a
possible threshold for when test runs versus test averages may be
selected. Rather, this number was an illustrative number that was
being discussed as an example in internal EPA discussions at the
time the proposal was being written.
---------------------------------------------------------------------------

In the January 21, 2015 proposal, the EPA solicited comment on the
data set used in the February 2013 final rule, as well as whether this
data set warrants a different calculation approach due to its size or
other factors. See the memoranda titled ``Potential Emission Limits
Calculation Analyses for Waste-burning Kilns and Coal ERUs,''
``Approach for Applying the Upper Prediction Limit to Limited Data
Sets,'' and ``Use of the Upper Prediction Limit for Calculating MACT
Floors'' in the CISWI docket for more details.
Comment: Two commenters supported the use of emission test averages
to determine emission standards. One commenter strongly believed that
use of test averages is the only valid way to conduct calculations of
upper predictive limit (UPL) or other variability analyses because only
test averages, and not individual test runs, are statistically
independent from one another, as the UPL calculation requires. Both
commenters argued that it is crucial that the UPL calculation reflect
the actual variability of compliance test results for the best
performing kilns that set the floors, and stated that this goal is best
accomplished by using stack test results (which are the average of
three consecutive test runs) in the UPL calculation, rather than using
test runs as individual data points. One commenter noted that the data
set for PM emissions from waste-burning kilns is among the largest for
any source category or pollutant in the CISWI rule, consisting of 24
stack tests (equivalent to 72 individual test runs) for the pool of
three best performers.
One commenter described control measures that Portland Cement
NESHAP and waste-burning kilns will need to take to meet the 13.5 mg/
dscm limit for existing waste-burning kilns that was discussed, noting
that baghouse equipment will still need to be improved at many kilns to
meet this limit. The commenter also pointed out that the performance of
a baghouse on a kiln is comparable whether it is a Portland Cement
NESHAP kiln or a CISWI kiln. The commenter went on to use this
discussion and data from the Portland Cement NESHAP analyses to support
the 13.5 mg/dscm limit (which equates to 0.075 lb/ton clinker on a
production basis, as compared to the existing kiln PM limit of 0.07 lb/
ton clinker in the Portland Cement NESHAP) and to demonstrate that the
current beyond-the-floor analysis done for the 2013 CISWI final rule is
still applicable despite the new PM emission limit.
Response: We agree that the data set for PM for existing waste-
burning kilns is sufficiently large to support using stack test
averages, as some commenters have supported. For new sources, the EPA
realizes that there is a smaller number of data points available when
test averages are considered since only the data from the best-
performing source are included in the calculation.\4\ However, as the
EPA has intended within each of the CISWI subcategories, a consistent
approach to the emission limit calculation is used for existing and new
sources within a subcategory (e.g., upper limit for small remote, UPL
for waste-burning kilns). That is, in the case of PM for waste-burning
kilns, the UPL using test averages is being used to calculate both
existing and new source emission limits.
---------------------------------------------------------------------------

\4\ Although this data set is smaller than that for existing
sources, the EPA does not consider the new source data set to be a
small or limited data set.
---------------------------------------------------------------------------

We also note that, for this particular data set, there are distinct
advantages to using this approach. One advantage is that there is a
significant amount of test data for the best-performing source. These
runs reflect various fuel and waste material firing conditions for the
best-performing unit. By splitting the data for the best-performing
source into sets of three according to the operational condition (waste
or non-waste), each of the resulting averages is more representative of
the fuel, waste, and operational variability demonstrated by the other
3-run test averages found in the data set for this source and for the
other existing source best performers. In other words, the time
periods--and variability in process inputs and operations these periods
represent--are approximately equal for each data point in the average
data set for existing and new sources. This approach also has the added
benefit of a slightly larger time period of operations being
represented by the data, since there is one additional average that can
be included in the data pool (i.e., no test run data are available, but
the average is).
We also reviewed the information submitted by the commenters on the
costs and emission improvement requirements existing kilns will need to
undertake to meet the revised emission limits, as well as our own
assessment of control improvements needed, and agree with the
assessment that beyond-the-floor emission standards for waste-burning
kiln PM limits are unwarranted. In our analysis, the same kilns that
would need improvements for the 2013 PM limits still need to add these
improvements to meet the 13.5 mg/dscm standards (as well as the CISWI
limits for Cd and Pb, which are not being revised but are also
controlled by PM control devices). The technology most likely being
used to meet the standards would be fabric filters (baghouses), which
is a physical control technology. Information supplied by the industry
indicate that many cement kilns will require highly efficient fabric
filters to meet the 13.5 mg/dscm standards. Fabric filters do not have
a variable component, such as sorbent injection rates, that can be
varied easily once the system is designed and the filter media
specified. Therefore, unlike other control technologies, the PM removal
efficiency of fabric filters does not depend on other factors in the
process and control device's performance will essentially be the same
regardless of other process inputs. Therefore, the EPA is finalizing
the 13.5 mg/dscm and 4.9 mg/dscm emission limits discussed at proposal
for existing and new waste-burning kilns, respectively, based on the
analysis of emission test average data.
The calculated PM emission limits using the test averages are
presented in Table 1 of this preamble for comparison. The calculations
used to support the 2015 emission limit values, analyses of impacts and
discussion of beyond-the-floor considerations are available in the
``Revised Emission Limits and Impacts Analyses for Waste-burning Kilns
and

[[Page 40964]]

Coal ERUs'' memorandum in the docket to this rulemaking.

Table 1--Waste-Burning Kiln PM Emission Limits From March 2011 Final Rule Through 2015 Final Reconsideration
----------------------------------------------------------------------------------------------------------------
2015 Final
March 2011 December 2011 February 2013 rule test
Source type (units) final rule proposed rule final rule average-based
limits \2\
----------------------------------------------------------------------------------------------------------------
New Sources (mg/dscm)\1\........................ 2.5 8.9 2.2 4.9
Existing Sources (mg/dscm)\1\................... 6.2 9.2 4.6 13.5
----------------------------------------------------------------------------------------------------------------
\1\ Corrected to 7 percent oxygen (O2).
\2\ These final limits are the same as those discussed in the January 21, 2015 proposal.

Comment: One commenter disagreed with the proposed approach of
using stack test average data, arguing that because the EPA's standards
are already set at the floor, and the floor is the minimum stringency
permitted by the CAA, the EPA's proposed change is unlawful at Chevron
step one.\5\ The commenter further argued that the EPA does not give
any statutory reasons for its proposed change, and therefore its
proposal is unreasonable at Chevron step two. NRDC v. EPA, No. 12-1321,
slip op. at 23 (D.C. Cir. Dec. 23, 2014) (``EPA must `ground its
reasons for action or inaction in the statute.' '') (quoting Util. Air
Regulatory Grp. v. EPA, 134 S. Ct. 2427, 2441 (2014)). The commenter
contended that the only reason the EPA gives in support of this change
is that the data set for kilns is relatively large and so switching to
test averages instead of individual test runs ``is expected to make
very little difference.'' The commenter concluded that the EPA's
proposed change illustrates that the UPL approach is unlawful and
arbitrary because it does not yield reasonable estimates of the
``average emission limitation achieved'' by the best performing units.
An industry commenter asserted that the stack test averages yield
reasonable estimates of the average emission limitation achieved by the
best performing units, and referred to their original comment submittal
to the proposed rule as support. The commenter then repeated that the
EPA should use stack test averages in the UPL calculation whenever
there are sufficient data to support their use. The commenter concluded
that the use of test runs can be justified only when the limited
availability of emissions data demands the use of test runs; this is
not the case in the CISWI PM limit for kilns.
---------------------------------------------------------------------------

\5\ Chevron U.S.A. v. NRDC, 467 U.S. 837 (1984).
---------------------------------------------------------------------------

Response: As discussed earlier, the EPA incorporated considerable
new data and moved kilns from the NESHAP to CISWI between the proposed
and final CISWI reconsideration concluded in 2013. The inclusion of
additional sources and data lead to more stringent standards and the
public was not provided an opportunity to comment on those limits and
the manner of their calclulation. For this reason, parties petitioned
EPA to reconsider those limits consistent with CAA section
307(d)(7)(B), and the EPA granted reconsideration consistent with the
statute to provide the public an opportunity to comment. The EPA
maintains that its actions in response to the changed circumstances
(i.e., new data and sources) and the petitions for reconsideration are
consistent with the statute and, for this reason, we reject the
commenter's argument that EPA has somehow violated the standard setting
provisions of section 112.
Further, we have determined that the data set for existing waste-
burning kilns for PM is sufficient to address longer-term performance
and variability among the best-performing sources and justifies the use
of test average data. While the data set for new waste-burning kilns is
smaller in count than that of the existing sources, it is not
considered a small data set, and the EPA has concerns about not
treating variability consistently between existing and new source
emission limits within the same subcategory.
With respect to the commenter's arguments about the UPL calculation
methodology, the EPA did not open the UPL calculation methodology for
reconsideration, so we are not responding to the commenter's arguments
on this issue.

C. FVF for Coal-Burning Energy Recovery Units

Background: In the January 21, 2015, proposal, the EPA requested
comments and supporting data regarding the need to establish an FVF for
the ERU solids (coal) subcategory. In particular, the EPA requested
comments on using stack test data from coal-only periods of operation
in our emission limit calculations, and whether the EPA should re-
evaluate the NOX emission limit by using the additional CEMS
data provided for the best-performing unit. The preamble to the 2013
final CISWI rule (78 FR 9112, February 7, 2013) explained the
methodology used to establish the final emission limits, which relied
almost exclusively on direct emissions measurements. A petitioner
requested that EPA reconsider the decision not to incorporate fuel
variability into the emission limit calculations for coal-fired ERUs
based on new information.
Table 2 of this preamble presents a comparison of the 2013 final
rule emission limits for existing coal ERUs and the emission limits
calculated using all data available (i.e., waste and coal-only modes of
operation), FVF calculation techniques, and the additional CEMS data
provided by the petitioner.

[[Page 40965]]

Table 2--Existing Coal ERU Emission Limits From February 2013 Final Rule
and Based on FVF Plus Additional CEMS Data
------------------------------------------------------------------------
February 2013 Final emission
final rule limits using
Pollutant (units) emission limit additional data
\1\ and FVF \1\
------------------------------------------------------------------------
Cadmium (Cd) (mg/dscm)............ 0.0095 \2\ 0.0017
Hydrogen Chloride (HCl) (ppmv).... 13 \3\ 58
Mercury (Hg) (mg/dscm)............ 0.016 \2\ 0.013
Lead (Pb) (mg/dscm)............... 0.14 \3\ 0.057
Particulate Matter (PM filterable) 160 \2\ 130
(mg/dscm)........................
Nitrogen Oxides (NOX) (ppmv)...... 340 \2\ 460
Sulfur Dioxide (SO2) (ppmv)....... 650 850
------------------------------------------------------------------------
\1\ All emission limits are expressed as concentrations corrected to 7
percent O2.
\2\ Unable to calculate FVF, final emission limit reflects use of
additional data for coal-only mode of operation.
\3\ Based on maximum ratio in data set to calculate FVF for final
emission limit. If average ratios were used instead, HCl emission
limit would be 19 (parts per million by volume) ppmv and Pb would be
0.047 mg/dscm.

Comment: Several commenters supported the revision of these
emission limits, claiming that the EPA should account for all sources
of emissions variability. Commenters argued that adjustments for fuel
variability should be based on worst case conditions so that the floors
represent the emission limitations that the best performers can achieve
under the worst foreseeable circumstances. They maintained that
emissions test data only reflect the pollutant content of a unit's
inputs at the time of emissions testing, noting that fuel and solid
waste composition vary over time. As an example, commenters referenced
HCl data submitted for the top performer, noting that if the HCl limit
for existing units remains at 13 ppmv (from the 2013 final CISWI rule),
the best performing unit would fail to meet the limit consistently. The
commenters further expressed their support for basing the FVF on the
maximum ratio of non-paired fuel data with paired fuel data (yielding a
limit of 58 ppmv) as opposed to the average ratio (yielding a limit of
19 ppmv), because the HCl data showed the average-based limit was also
exceeded several times over an 8-year period. In order to make the HCl
limit achievable in practice, the commenters concluded that the EPA
must set the final HCl limit to 58 ppmv.
One commenter pointed out that the consideration of fuel
variability is of particular importance because a CISWI unit remains a
CISWI unit until it ceases to burn waste for at least 6 months. The
commenter explained that estimating emission levels achieved when a
unit was burning waste and coal does not reflect the level achieved
when combusting only coal. Commenters also called attention to the
boiler and process heater standards, which account for fuel supply
variability, and contended that the EPA should do the same for CIWSI
because ERUs would be subject to the boiler standards if they did not
combust waste in addition to fossil fuels.
One commenter indicated that the EPA had not properly addressed
fuel variability for the SO2 emission limit. According to
the commenter, previously submitted data showed that the 2013 final
limit of 650 ppmvd would not be high enough to allow the top performer
to comply every day under all operating conditions. In developing the
potential limits presented in the proposed reconsideration, the EPA did
not develop a FVF for SO2 because only one fuel data point
for sulfur was available to be paired with SO2 emissions
data. The commenter explained that even though only one date from the
fuel data matched up with the week of SO2 CEMS data, the lag
time between the fuel sample date and actual combustion in the boiler
is typically 4-9 days, so portions of both the August 14 and August 21,
2009, coal shipments would have been burned during the CEMS period from
August 23 through August 30, 2009. Therefore, the commenter explained,
sulfur data from these two shipments could be paired with the CEMS
data, which would make it appropriate to develop a FVF for
SO2, similar to what was done for HCl.
Response: The EPA is finalizing the emission limits for Cd, HCl,
Hg, Pb, PM, and NOX that incorporate a FVF and coal-only
mode of operation data and were discussed in the January 21, 2015
proposal. See 80 FR at 3023. In addition, the EPA has determined that
we have sufficient data to incorporate a FVF into the SO2
limit in the same manner as the standards for the other section 129
pollutants above.
At proposal, the agency explained our rationale for considering
emission limits that incorporate a FVF for fuel-dependent pollutants
(i.e., HCl, Pb, Cd, Hg, and SO2) [See 80 FR at 3022] and
presented the methodology [See Memo titled ``Potential Emission Limits
Calculations Analyses for Waste-burning Kilns and Coal ERUs, December
12, 2014] we would use to do so. We also presented the available data.
In addition, for Cd, HCl, Hg, Pb, PM and NOX, the EPA
identified the emission limits that incorporate a FVF and were derived
from that data and using the proposed methodology. The proposal did not
identify a specific SO2 emission limit that incorporated a
FVF because, as explained in the proposal, at that time, the EPA did
not believe the data from the best performing units included the
information necessary to calculate a FVF for SO2. See 80 FR
at 3022; see also Memo titled ``Potential Emission Limits Calculations
Analyses for Waste-burning Kilns and Coal ERUs, December 12, 2014. The
proposal, however, made clear that the rationale for deciding to
incorporate a FVF into the emission limits for coal-fired ERUs applied
to all fuel-dependent pollutants, including SO2, and the
agency provided the methodology for incorporated a FVF. The comments
received demonstrated that the available SO2 data from the
best performing units--the data in the docket at the time of proposal--
does in fact include the information required to establish a fuel
variability factor. Specifically, the EPA confirms that the data set
includes sufficient paired SO2 data to evaluate the need for
a FVF. Thus, all information necessary to address whether a FVF should
be incorporated into the SO2 standard, and to identify the
specific SO2 emission limit incorporating a FVF was
available in the docket at the time of proposal. Thus, in this final
rule, the EPA has re-evaluated the fuel sulfur data with paired
SO2 data and is incorporating a FVF in the floor
calculations for SO2 using the same methodology that was
discussed in the proposal. The resulting SO2 limit for
existing and new coal ERUs is 850 ppmvd.

[[Page 40966]]

Comment: One commenter did not support the incorporation of FVFs in
determining emission limits, arguing that increasing the floors to
account for variability would be unlawful and arbitrary because the UPL
methodology used to develop the floors already accounts for emissions
variability. According to the commenter, the floors should not be
increased further because CAA section 129 directs that standards should
be no less stringent than the average emissions achieved by the best
performing units. In other words, the commenter explained, a standard
must reflect a reasonable estimate of the actual performance of the
best units.
The commenter further noted that even if it were lawful to
incorporate a FVF at all, the FVF should be based on the average ratio,
as opposed to the maximum ratio, because the maximum ratio does not
yield a reasonable estimate of the average emissions limitation
achieved by the best performing sources, yielding floors less stringent
than the statute permits.
Response: The EPA disagrees with the argument that incorporating a
FVF in these standards overaccounts for variability. Fuel data provided
for the top performing units show that performance for coal-burning
ERUs, based solely on the short-term stack test data available for
these units, does not adequately reflect the sustained performance and
different fuel inputs that are used by the best performing source upon
which the standards were based. As stated in response to similar
comments submitted on the Boiler NESHAP (See EPA-HQ-OAR-2002-0058-3511,
excerpt 15, page 111), and consistent with the DC Circuit Court ruling,
the EPA is mindful that MACT floors need to reflect achieved
performance of the best-performing units, that HAP (or pollutant, for
CAA section 129 rules such as CISWI) content of process inputs (raw
materials and fuels) should be accounted for in ascertaining the
sources' performance as necessary, and that the EPA cannot consider
costs in ascertaining the level of the MACT floor. See, e.g., Brick
MACT, 479 F. 3d at 880-81, 882-83; NRDC v. EPA, 489 F. 3d 1364, 1376
(D.C. Cir. 2007) (``Plywood MACT''); see also Cement Kiln Recycling
Coalition v. EPA, 255 F. 3d 855, 861-62 (D.C. Cir. 2001)
(``achievability'' requirement of CAA section 112 (d)(2) cannot
override the requirement that floors be calculated on the basis of what
best performers actually achieved). The EPA is also mindful of the need
to account for sources' variability (both due to control device
performance and variability in inputs) in assessing sources'
performance when developing technology-based standards. See, e.g.,
Mossville Environmental Action Now v. EPA, 370 F. 3d 1232, 1242 (D.C.
Cir. 2004); National Lime I, 627 F. 2d 416, 433-34 (D.C. Cir. 1980). In
most cases, the UPL sufficiently accounts for both control device
performance and input variability. However, in this case, a review of
the data for the best-performing coal-burning ERUs indicated that
short-term stack test data alone did not fully account for longer term
emissions performance in this case. While fuels combusted within a
short term 3-hour test would be expected to be fairly consistent in
their contaminant levels, multi-year fuel input data for the best-
performing unit show that Hg, Cl, Pb, and sulfur levels can vary
significantly between the times the best performing unit is combusting
a combination of waste and traditional fuel and the times it is
combusting traditional fuels alone, and that there is variability in
the pollutant content of the traditional fuel alone as well. In light
of this, the EPA believes it is reasonable to incorporate a FVF for
this subcategory of CISWI units to better reflect the performance of
the best performing coal-burning ERUs.
Regarding the commenter's assertions that the average ratio should
be used instead of the maximum ratio in calculating the FVF, we note
that, unlike situations present in the Boiler NESHAP, the best-
performing units in the coal ERU subcategory (all located at the same
facility) are not burning a variety of fuels. These CISWI ERU units
burn coal, and periodically an industrial waste generated at the
facility. Therefore, there is one fuel and one waste that is input that
will influence emissions. This is not the case for the boiler best-
performers in the Boiler NESHAP solid fuel subcategory, as these
consisted of a ``mix of biomass, coal and other solid fossil fuel''
data (See EPA-HQ-OAR-2002-0058-3836, August 2012). In the boiler
rulemaking, the EPA was concerned that this heterogeneous mix of best
performer fuel inputs and the use of the maximum ratio would
overestimate fuel variability. However, for the CISWI coal ERUs, we are
dealing with a single fuel type (coal), and the same concern does not
apply. Since CISWI applicability extends for a period beyond the waste-
combustion periods, variability in this one fuel influences emissions
for a significant portion of the best-performers' operations.
Therefore, we have determined that the maximum ratio is appropriate in
this case to fully account for the best-performer's variability in fuel
inputs.
The FVF accounts for fuel variability between sources using long-
term fuel measurement data that represent inherent natural variations
in fuel usage at the best performing unit over time. The FVF is used in
conjunction with the 99 percent UPL to characterize long-term
variability due to technological controls and fuel characteristics. The
results are MACT floors that reasonably estimate the performance over
time of the best performing sources (there are three identical units at
one facility that are best performers for this subcategory of unit,
with only one additional unit that may be in this subcategory). These
calculations are described in more detail in the ``Revised Emission
Limits and Impacts Analyses for Waste-burning Kilns and Coal ERUs''
memorandum found in the docket to this rulemaking.
For these reasons, the EPA is adopting the revised emission limits
for coal ERUs discussed in the January 21, 2015, proposal, and the
agency is also incorporating a FVF into the SO2 limit as
discussed above.

D. Definition of ``Kiln''

Background: In the January 21, 2015, notice, the EPA requested
comment on its proposal to revise the definition of ``kiln'' and
proposal to add definitions of ``in-line raw mill'' and ``in-line coal
mill'' to further clarify the boundaries of the waste-burning kiln.
Because the in-line raw mill and in-line coal mill are part of the
kiln, the kiln emission limits also apply to the exhaust of the in-line
raw mill and in-line coal mill. For more background on this issue, the
EPA discussed at length in the preamble to the proposed Portland Cement
NESHAP a potential regulatory regime to cover situations where a
portion of the kiln exhaust is ducted to the coal mill. See 77 FR
42383-85; see also the regulatory text at 77 FR 42398, 42402-06, 42408-
09.
For waste-burning kilns, the EPA proposed language in the
definition of ``kiln'' to make it consistent with that of the Portland
Cement NESHAP. The terms ``in-line raw mill'' and ``in-line coal mill''
were proposed to be included in the definition, and, therefore, were
proposed to be added to the definitions within the CISWI rule.
In addition to the proposed definitional amendments in the January
21, 2015, notice, the EPA proposed a compliance demonstration and
ongoing monitoring method for waste-burning kilns that combine emission
streams from the in-line raw mill and in-line coal mill and exhaust
through multiple stacks. The EPA is finalizing the proposed approach
with some minor revisions to address comments as

[[Page 40967]]

discussed below. The final rule will allow sources to measure pollutant
concentrations and flows from each of the stacks (i.e., kiln, alkali
bypass, and in-line coal mill, as applicable) and calculate a flow-
weighted average kiln stack concentration that must be met in order to
be in compliance with the CISWI waste-burning kiln emission limits.
These provisions are modeled upon similar provisions and equations
found in the Portland Cement NESHAP, and should streamline compliance
demonstrations for waste-burning kilns that combine streams prior to
discharge to the atmosphere through one or more stacks. The proposed
calculation method and measurement location options are found in 40 CFR
60.2145 and 40 CFR 60.2710. The EPA requested comment on the
definitional and calculation method changes for demonstrating
compliance for waste-burning kilns that combine streams prior to
discharge to the atmosphere through one or more stacks.
Comment: Although there were no specific comments on the revised
definition of ``kiln'' or on the addition of the definitions of ``in-
line raw mill'' and ``in-line coal mill,'' one commenter expressed the
need to change monitoring and compliance requirements for alkali bypass
and/or in-line coal mill to be consistent with the Portland Cement
NESHAP. The commenter contended the use of CEMS and the PM CPMS for
either an alkali bypass or an in-line coal mill is unnecessary, as they
represent a relatively minor part of the overall kiln emissions and
their emissions will vary directionally with the main kiln stack
concentrations. Therefore, the commenter suggested that monitoring the
main kiln stack alone can provide an indication of overall emissions
and compliance. The commenter stated that the appropriate monitoring
and compliance requirements have already been addressed in the Portland
Cement NESHAP rule and requested that the EPA adopt a similar approach
for the CISWI standards. The commenter also suggested that the EPA
clarify the level of testing and monitoring that applies to either an
alkali by-pass or an in-line coal mill.
Response: To provide additional consistency between CISWI and the
Portland Cement NESHAP, the EPA is adding clarifying language in the
final rule that makes the monitoring requirements for waste-burning
kilns consistent with those in the Portland Cement NESHAP.
Specifically, we are not requiring that CEMS or PM CPMS need to be
installed on separate alkali bypass or in-line coal mill stacks.
Instead, as is the case with the Portland Cement NESHAP, the results of
the initial and subsequent performance test for the alkali bypass and
in-line coal mill stacks can be used to determine the combined
emissions to demonstrate compliance with the relevant emissions limit.
However, unlike the Portland Cement NESHAP, the performance test must
be conducted on an annual basis (between 11 and 13 calendar months
following the previous performance test) to keep the testing schedule
for these stacks consistent with the CISWI rule's annual performance
testing requirements.

V. Technical Corrections and Clarifications

In the January 21, 2015, notice, the EPA proposed to correct minor
typographical errors and clarify provisions of the final rule that may
have been unclear. The EPA is finalizing these corrections, which are
summarized in this section of the preamble. There were some comments
received on these clarifications. These comments, and responses to
them, are found in the ``2013 CISWI Rule Reconsideration Response to
Comments.''

A. 2000 CISWI New Source Applicability Clarification for Incinerators
and Air Curtain Incinerators

Following promulgation of the February 2013 CISWI final rule, the
EPA received questions regarding the continued applicability of the
2000 CISWI NSPS for units that are subject to the 2000 CISWI NSPS as
they are transitioned from the 2000 NSPS to the February 2013 EG with
which they will eventually be required to comply. The 2000 CISWI NSPS
are the same as the 2000 CISWI EG and limited in applicability to the
incinerator subcategory and air curtain incinerators so only these
types of CISWI units being regulated in the February 2013 CISWI final
rules are affected by this applicability issue. The EPA intended,
consistent with the statute and our stated intent (see 76 FR 15711,
March 21, 2011), to continue to regulate these units as ``new'' sources
under the 2000 NSPS, and then regulate them as ``existing'' sources
under the 2013 EG once these units were covered under an approved state
plan or federal plan that implements the February 2013 CISWI final EG.
The language in the February 7, 2013, NSPS at 40 CFR 60.2105 and the
title of Table 1 to 40 CFR part 60, subpart CCCC make the EPA's intent
to do so evident. However, the applicability section in 40 CFR 60.2015
omitted the applicability provisions for incinerators and air curtain
incinerators that are subject to the 2000 CISWI NSPS. In this final
rule, the EPA is finalizing proposed additional language in 40 CFR
60.2015(a) and 40 CFR 60.2105(b) that clarifies that these incinerators
and air curtain incinerators remain ``new'' units regulated under the
2000 NSPS until such time that an approved state plan or federal plan
implements the February 2013 EG for those units, at which time such
units will be subject to the 2013 EG to the extent those limits are
more stringent than the 2000 CISWI NSPS limits, which will continue to
apply if they are more stringent.

B. Typographical Errors and Corrections

The following items are typographical errors in the final rule that
we are correcting in this final action:
References in 40 CFR 60.2020(e), 60.2020(f), 60.2555(e),
and 60.2555(f) were changed from ``. . . paragraphs (e)(1) through (3)
. . .'' to ``. . . paragraphs (e)(1) through (4) . . .''.
Restructured 40 CFR 60.2060 to add paragraph (b) that
clarifies waste management plan submittal timeline for CISWI units that
commence reconstruction or modification after August 7, 2013.
References in 40 CFR 60.2020(i) and 60.2245 were revised
to include 40 CFR 60.2242 in addition to 40 CFR 60.2245 through 60.2260
(i.e., clarifies that air curtain incinerators burning wood waste,
clean lumber, and/or yard waste must obtain title V permits).
References in 40 CFR 60.2555(i) and 60.2810 were revised
to include 40 CFR 60.2805 in addition to 40 CFR 60.2810 through 60.2870
(i.e., clarifies that air curtain incinerators burning wood waste,
clean lumber, and/or yard waste must obtain title V permits).
References in 40 CFR 60.2110(i)(2)(i)(D) and 40 CFR
60.2675(i)(2)(i)(D) were changed from ``. . . paragraphs (i)(2)(i)
through (iv) . . .'' to ``. . . paragraphs (i)(2)(i)(A) through
(i)(2)(i)(C) . . .''.
Two references in the definitions of terms for Equation 3
in 40 CFR 60.2110(i)(2)(iv) were revised. For the `z' term, ``(2)(a)''
was corrected to ``(2)(i)'', and for the `R' term, ``Equation 3'' was
corrected to ``Equation 2''.
Two references in the definitions of terms for Equation 3
in 40 CFR 60.2675(i)(2)(iv) were revised. For the `z' term, ``(2)(a)''
was corrected to ``(2)(i)'', and for the `R' term, ``Equation 3'' was
corrected to ``Equation 2''.
The language in 40 CFR 60.2140(c) and 60.2705(c) were
revised to include the phrase ``commence or recommence

[[Page 40968]]

combusting'' to be parallel to the same terminology in 40 CFR
60.2140(b) and 60.2705(b), respectively.
Extra spaces were removed from 40 CFR 60.2145(v) and
60.2710(v).
The reference in 40 CFR 60.2145(w)(1) was changed from
``Sec. 60.2675'' to ``Sec. 60.2140''.
The references in 40 CFR 60.2145(x)(1) were changed from
``. . . Sec. 60.2145(l) and (x)(1)(i) through (iii) . . .'' to ``. . .
paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .''
The references in 40 CFR 60.2710(x)(1) were changed from
``. . .Sec. 60.2710(l) and (x)(1)(i) through (iii). . .'' to ``. . .
paragraphs (l) and (x)(1)(i) through (x)(1)(iii). . .''
Language in 40 CFR 60.2145(x)(1)(iii), 60.2165(r)(1)(iii),
60.2710(x)(1)(iii) and 60.2730(r)(1)(iii) was revised to clarify the PM
continuous parameter monitoring system (CPMS) detection limit. The
phrase ``of no greater than'' was changed to ``increments no greater
than''.
Provisions for PM CPMS in both subparts were revised to
also clarify the output signals from digital monitoring devices and
remove ``lb/Mmbtu'' typographical errors.
The reference in 40 CFR 60.2165(q)(1) was changed from
``Sec. 60.2675'' to ``Sec. 60.2140''.
Text in 40 CFR 60.2165(q)(3) was corrected from ``. .
.paragraph (q)(4) or this section . . .'' to ``. . . paragraph (q)(4)
of this section . . .''.
The title of 40 CFR part 60, subpart CCCC Table 1 was
revised to clarify that these emission limits apply to incinerators
that were subject to the 2000 CISWI rule provisions.
The dates in paragraphs (a)(1) and (2) of 40 CFR 60.2535
from the 2000 CISWI rule were omitted in the current CFR version of the
rule, and have been reinserted.
Added text in 40 CFR 60.2525(b) and 60.2535(b) to clarify
applicability for incinerators and air curtain incinerators that were
reconstructed or modified on or after June 1, 2001, but no later than
August 7, 2013.
Revised the language of 40 CFR 60.2550(b) to reflect the
August 7, 2013 date for purposes of applicability with 40 CFR part 60,
subpart CCCC.
The text ``over 10 MMBtu/hr but less than 250 MMBtu/hr
annual average heat input rates'' was added to 40 CFR 60.2730(m) for
clarification and consistency.
The definition of chemical recovery unit in 40 CFR 60.2265
was revised to be consistent with the definition provided in 40 CFR
60.2875. The following text was added: ``A chemical recovery unit is
not an incinerator, a waste-burning kiln, an energy recovery unit or a
small, remote incinerator under this subpart.''
Clarifying language was added to the HCl row of 40 CFR
part 60, subpart DDDD Table 8. Compliance method text was changed from
``. . . if a wet scrubber is not used'' to ``. . . if a wet scrubber or
dry scrubber is not used.''
Text in 40 CFR 60.2165(o) was corrected from ``. . . you
must use a continuous automated sampling system . . .'' to ``. . . you
may substitute use of a continuous automated sampling system for the
carbon monoxide annual performance test.''
Revise the definition of ``Oxygen trim system'' to include
draft controller and to clarify that it is a system that maintains the
desired excess air level over the operating load range.
Revise the definition of ``Reconstruction'' in both
subparts to reflect the correct criterion that reconstruction begins on
or after August 7, 2013.
Renumbered equations in 40 CFR part 60, subpart DDDD to be
in sequence within the subpart instead of being a continuation with 40
CFR part 60, subpart CCCC.
Revised paragraphs 40 CFR 60.2030(c), 60.2210(h),
60.2220(d), 60.2235, 60.2770(h), 60.2780(d) and 60.2795 to reflect the
most recent electronic reporting guidance available and to further
clarify reporting requirements.
Revised paragraphs 40 CFR 60.2145(j)(1) and 60.2710(j)(1)
to reflect the most recent guidance available for HCl CEMS installed
and certified in accordance to Performance Specification 15 or
Performance Specification 18.
Table footnotes were converted from alphabetical to
numeric format.
Deleted inadvertent footnote references to the following:
Dioxin/furan TEQ and TMB rows of 40 CFR part 60, subpart CCCC Table 8;
Dioxin/furan TMB row and Pb row of 40 CFR part 60, subpart DDDD Table
7; Dioxin/furan row of 40 CFR part 60, subpart DDDD Table 8; and
dioxin/furan row of 40 CFR part 60, subpart DDDD Table 9.

C. Clarifications

Since publication of the February 7, 2013, final CISWI rule, the
EPA has received stakeholder questions and requests for clarification
on certain rule provisions. We are not finalizing any regulatory
language changes for the following items, but are providing some
clarification to these questions. Furthermore, comments received on
these clarifications and responses to these comments are found in the
``Response to Comments on the 2015 CISWI Reconsideration'' document
found in the docket:
Mass balance as operating limits for units without certain
control devices--A stakeholder has asked for clarification on whether a
mass balance could be used as an operating parameter, and whether this
must be measured as a 30-day rolling average instead of taking a
monthly sample. Furthermore, the stakeholder also asked whether the
material balance allows them to waive annual stack testing. The EPA
clarifies that mass balance operating parameters do not replace annual
stack testing. Stack testing and operating parameters work in tandem to
ensure ongoing compliance with the standards. We do, however, accept
that mass balance could be an allowable operating parameter in cases
where no control device is needed to meet the pollutant's specific
emission limit applicable to the unit, provided the petition for the
operating parameter limits meets the requirements specified in 40 CFR
60.2115 and 40 CFR 60.2680. We also point out that these requirements
also allow any source to request a different averaging time that is
appropriate for the source and operating parameter.
Clarification on who the ``EPA Administrator'' is and whom
to contact for requests for averaging times, qualifying facility
notifications, etc. We have received questions on how to contact the
Administrator to submit notifications, reports and requests. The
contact information is given in the General Provisions, under 40 CFR
60.4, and has addresses listed by EPA Regional Offices.

VI. Environmental, Energy and Economic Impacts

This action finalizes the proposed provisions and makes technical
and clarifying corrections, but does not cause substantive changes to
the impacts on the environment, energy generation and usage, and
economic factors for affected sources from the February 7, 2013, final
CISWI rule (78 FR 9112). The number of sources requiring improved
emission control performance is the same as estimated in the final 2013
rule. While the emission limits have been relaxed slightly for PM in
the waste-burning kilns, the assumed controls required to meet the
final standards are still the same as those estimated for the final
2013 rule. That is, waste-burning kilns that would require additional
controls to meet the final 2013 rule's PM and metals emission limits
will still require those control improvements to meet the limits being
finalized in this action. The main

[[Page 40969]]

difference is an increased margin of compliance for these units, as
well as a PM limit that is very consistent with the non-waste burning
(Portland Cement NESHAP) PM emission limits, thereby streamlining
compliance. For the coal-fired ERU subcategory, certain emission limits
are relaxed while others have been made more stringent. The net result
in emissions reductions are negligible, however, and there are no
changes in the control cost estimates for units in this subcategory. As
with the waste-burning kilns, the main difference for the coal ERUs is
that there is a somewhat greater margin of compliance available in the
standards being finalized, and thus, ensuring that the best performing
units may be able to demonstrate sustained compliance with the MACT
standards in multiple modes of operation (waste and non-waste modes).
Taken together, the revised emission limits being finalized in this
action could result in allowable emission estimates, primarily in PM,
that are greater than those assumed for the 2013 final rule by about
297 tpy. In other words, there could potentially be 297 fewer tpy of PM
emission reductions as a result of this final rule when compared to the
2013 final rule's estimated emission reductions. We have estimated
these emission impacts in the memorandum ``Revised Emission Limits and
Impacts Analyses for Waste-burning Kilns and Coal ERUs'' available in
the docket. We have not revised the regulatory impacts assessment
prepared for the 2013 final rule since the expected emissions control
costs are unchanged and the change in estimated emission reductions are
relatively minor when compared to the 34,771 tpy overall emission
reductions estimated for the February 7, 2013, final rule (See 78 FR
9132).

VII. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations (40 CFR part 60,
subpart CCCC and 40 CFR part 60, subpart DDDD) and has assigned OMB
control number 2060-0664 for subpart CCCC and OMB control number 2060-
0662 for subpart DDDD. This action is believed to result in no changes
to the information collection requirements of the February 2013 final
CISWI rule, so that the information collection estimate of project cost
and hour burden from the final CISWI rule have not been revised.

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. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This final rule will not impose any new
requirements on any entities because it does not impose any additional
regulatory requirements relative to those specified in the February
2013 final CISWI rule. The February 2013 final CISWI rule was certified
as not having a significant economic impact on a substantial number of
small entities. We have therefore concluded that this action will have
no net regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (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 affect small governments. The action imposes no
enforceable duty on any state, local, or tribal governments 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 CISWI in Indian
country or owned or operated by Indian tribal governments. The CISWI
aspects of this rule may, however, invoke minor indirect tribal
implications to the extent that entities generating solid wastes on
tribal lands could be affected. Thus, Executive Order 13175 does not
apply to this action.

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

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

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

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

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

This action does not involve technical standards.
This action is not finalizing any new incorporation by reference
material, so therefore this action is not making any amendments to the
incorporations by reference found in 40 CFR 60.17. The incorporation by
reference of this document was already approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51
for Sec. 60.14, effective February 7, 2013. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

[[Page 40970]]

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

The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. It does not affect the level of protection
provided to human health or the environment. The final CISWI rule will
reduce emissions of all the listed toxics emitted from this source,
thereby helping to further ensure against any disproportionately high
and adverse human health or environmental effects on minority, low-
income, or indigenous populations.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule
report to House of 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 60

Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference.

Dated: May 5, 2016.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency is amending title 40, chapter I, of the Code of
Federal Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

0
2. Part 60 is amended by revising subpart CCCC to read as follows:

Subpart CCCC--Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units

Sec.

Introduction

60.2000 What does this subpart do?
60.2005 When does this subpart become effective?

Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of these new source performance
standards apply at the same time?

Preconstruction Siting Analysis

60.2045 Who must prepare a siting analysis?
60.2050 What is a siting analysis?

Waste Management Plan

60.2055 What is a waste management plan?
60.2060 When must I submit my waste management plan?
60.2065 What should I include in my waste management plan?

Operator Training and Qualification

60.2070 What are the operator training and qualification
requirements?
60.2075 When must the operator training course be completed?
60.2080 How do I obtain my operator qualification?
60.2085 How do I maintain my operator qualification?
60.2090 How do I renew my lapsed operator qualification?
60.2095 What site-specific documentation is required?
60.2100 What if all the qualified operators are temporarily not
accessible?

Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?

Performance Testing

60.2125 How do I conduct the initial and annual performance test?
60.2130 How are the performance test data used?

Initial Compliance Requirements

60.2135 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.2140 By what date must I conduct the initial performance test?
60.2141 By what date must I conduct the initial air pollution
control device inspection?

Continuous Compliance Requirements

60.2145 How do I demonstrate continuous compliance with the emission
limitations and the operating limits?
60.2150 By what date must I conduct the annual performance test?
60.2151 By what date must I conduct the annual air pollution control
device inspection?
60.2155 May I conduct performance testing less often?
60.2160 May I conduct a repeat performance test to establish new
operating limits?

Monitoring

60.2165 What monitoring equipment must I install and what parameters
must I monitor?
60.2170 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

60.2175 What records must I keep?
60.2180 Where and in what format must I keep my records?
60.2185 What reports must I submit?
60.2190 What must I submit prior to commencing construction?
60.2195 What information must I submit prior to initial startup?
60.2200 What information must I submit following my initial
performance test?
60.2205 When must I submit my annual report?
60.2210 What information must I include in my annual report?
60.2215 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.2220 What must I include in the deviation report?
60.2225 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.2230 Are there any other notifications or reports that I must
submit?
60.2235 In what form can I submit my reports?
60.2240 Can reporting dates be changed?

Title V Operating Permits

60.2242 Am I required to apply for and obtain a Title V operating
permit for my unit?

Air Curtain Incinerators

60.2245 What is an air curtain incinerator?
60.2250 What are the emission limitations for air curtain
incinerators?
60.2255 How must I monitor opacity for air curtain incinerators?
60.2260 What are the recordkeeping and reporting requirements for
air curtain incinerators?

Definitions

60.2265 What definitions must I know?

[[Page 40971]]

Tables to Subpart CCCC

Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers

Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors

Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements

Table 5 to Subpart CCCC of Part 60--Emission Limitations for
Incinerators That Commenced Construction After June 4, 2010, or That
Commenced Reconstruction or Modification After August 7, 2013

Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-
burning Kilns That Commenced Construction After June 4, 2010, or
Reconstruction or Modification After August 7, 2013

Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small,
Remote Incinerators That Commenced Construction After June 4, 2010, or
That Commenced Reconstruction or Modification After August 7, 2013

Subpart CCCC--Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units

Introduction

Sec. 60.2000 What does this subpart do?

This subpart establishes new source performance standards for
commercial and industrial solid waste incineration (CISWI) units.

Sec. 60.2005 When does this subpart become effective?

This subpart takes effect on August 7, 2013. Some of the
requirements in this subpart apply to planning the CISWI unit (i.e.,
the preconstruction requirements in Sec. Sec. 60.2045 and 60.2050).
Other requirements such as the emission limitations and operating
limits apply after the CISWI unit begins operation.

Applicability

Sec. 60.2010 Does this subpart apply to my incineration unit?

Yes, if your incineration unit meets all the requirements specified
in paragraphs (a) through (c) of this section:
(a) Your incineration unit is a new incineration unit as defined in
Sec. 60.2015;
(b) Your incineration unit is a CISWI unit as defined in Sec.
60.2265; and
(c) Your incineration unit is not exempt under Sec. 60.2020.

Sec. 60.2015 What is a new incineration unit?

(a) A new incineration unit is an incineration unit that meets any
of the criteria specified in paragraphs (a)(1) through (3) of this
section:
(1) A CISWI unit that commenced construction after June 4, 2010;
(2) A CISWI unit that commenced reconstruction or modification
after August 7, 2013; and
(3) Incinerators and air curtain incinerators, as defined in this
subpart, that commenced construction after November 30, 1999, but no
later than June 4, 2010, or that commenced reconstruction or
modification on or after June 1, 2001, but no later than August 7,
2013, are considered new incineration units and remain subject to the
applicable requirements of this subpart until the units become subject
to the requirements of an approved state plan or federal plan that
implements subpart DDDD of this part (Emission Guidelines and
Compliance Times for Commercial and Industrial Solid Waste Incineration
Units).
(b) This subpart does not affect your CISWI unit if you make
physical or operational changes to your incineration unit primarily to
comply with subpart DDDD of this part (Emission Guidelines and
Compliance Times for Commercial and Industrial Solid Waste Incineration
Units). Such changes do not qualify as reconstruction or modification
under this subpart.

Sec. 60.2020 What combustion units are exempt from this subpart?

This subpart exempts the types of units described in paragraphs
(a), (c) through (i), and (n) of this section, but some units are
required to provide notifications. Air curtain incinerators are exempt
from the requirements in this subpart except for the provisions in
Sec. Sec. 60.2242, 60.2250, and 60.2260.
(a) Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste as defined in Sec. 60.2265 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(a)(1) and (2) of this section:
(1) Notify the Administrator that the unit meets these criteria;
and
(2) Keep records on a calendar quarter basis of the weight of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit.
(b) [Reserved]
(c) Municipal waste combustion units. Incineration units that are
subject to subpart Ea of this part (Standards of Performance for
Municipal Waste Combustors); subpart Eb of this part (Standards of
Performance for Large Municipal Waste Combustors); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors); subpart AAAA of this part (Standards of Performance for
Small Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Small Municipal Waste Combustion Units).
(d) Medical waste incineration units. Incineration units regulated
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is
Commenced After June 20, 1996) or subpart Ce of this part (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators).
(e) Small power production facilities. Units that meet the three
requirements specified in paragraphs (e)(1) through (4) of this
section:
(1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C));
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity;
(3) You submit documentation to the Administrator notifying the EPA
that the qualifying small power production facility is combusting
homogenous waste; and
(4) You maintain the records specified in Sec. 60.2175(w).
(f) Cogeneration facilities. Units that meet the three requirements
specified in paragraphs (f)(1) through (4) of this section:
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B));
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes;
(3) You submit documentation to the Administrator notifying the
Agency that

[[Page 40972]]

the qualifying cogeneration facility is combusting homogenous waste;
and
(4) You maintain the records specified in Sec. 60.2175(x).
(g) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
(h) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(i) Air curtain incinerators. Air curtain incinerators that burn
only the materials listed in paragraphs (i)(1) through (3) of this
section are only required to meet the requirements under Sec. 60.2242
and under ``Air Curtain Incinerators'' (Sec. Sec. 60.2245 through
60.2260):
(1) 100 percent wood waste;
(2) 100 percent clean lumber; and
(3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
(j)-(l) [Reserved]
(m) Sewage treatment plants. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
(n) Sewage sludge incineration units. Incineration units combusting
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter that are subject to subpart LLLL
of this part (Standards of Performance for New Sewage Sludge
Incineration Units) or subpart MMMM of this part (Emission Guidelines
and Compliance Times for Existing Sewage Sludge Incineration Units).
(o) Other solid waste incineration units. Incineration units that
are subject to subpart EEEE of this part (Standards of Performance for
Other Solid Waste Incineration Units for Which Construction is
Commenced After December 9, 2004, or for Which Modification or
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF
of this part (Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004).

Sec. 60.2030 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your state, local, or tribal agency. If the EPA Administrator has
delegated authority to your state, local, or tribal agency, then that
agency (as well as EPA) has the authority to implement and enforce this
subpart. You should contact your EPA Regional Office to find out if
this subpart is delegated to your state, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a state, local, or tribal agency, the authorities contained
in paragraph (c) of this section are retained by the EPA Administrator
and are not transferred to the state, local, or tribal agency.
(c) The authorities that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (c)(1) through (4) and
(c)(6) through (11) of this section:
(1) Approval of alternatives to the emission limitations in table 1
of this subpart and operating limits established under Sec. 60.2110;
(2) Approval of major alternatives to test methods;
(3) Approval of major alternatives to monitoring;
(4) Approval of major alternatives to recordkeeping and reporting;
(5) [Reserved]
(6) The requirements in Sec. 60.2115;
(7) The requirements in Sec. 60.2100(b)(2);
(8) Approval of alternative opacity emission limits in Sec.
60.2105 under Sec. 60.11(e)(6) through (8);
(9) Performance test and data reduction waivers under Sec.
60.2125(j), Sec. 60.8(b)(4) and (5);
(10) Determination of whether a qualifying small power production
facility or cogeneration facility under Sec. 60.2020(e) or (f) is
combusting homogenous waste; and
(11) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.

Sec. 60.2035 How are these new source performance standards
structured?

These new source performance standards contain the eleven major
components listed in paragraphs (a) through (k) of this section:
(a) Preconstruction siting analysis;
(b) Waste management plan;
(c) Operator training and qualification;
(d) Emission limitations and operating limits;
(e) Performance testing;
(f) Initial compliance requirements;
(g) Continuous compliance requirements;
(h) Monitoring;
(i) Recordkeeping and reporting;
(j) Definitions; and
(k) Tables.

Sec. 60.2040 Do all eleven components of these new source performance
standards apply at the same time?

No. You must meet the preconstruction siting analysis and waste
management plan requirements before you commence construction of the
CISWI unit. The operator training and qualification, emission
limitations, operating limits, performance testing and compliance,
monitoring, and most recordkeeping and reporting requirements are met
after the CISWI unit begins operation.

Preconstruction Siting Analysis

Sec. 60.2045 Who must prepare a siting analysis?

(a) You must prepare a siting analysis if you plan to commence
construction of an incinerator after December 1, 2000.
(b) You must prepare a siting analysis for CISWI units that
commenced construction after June 4, 2010, or that commenced
reconstruction or modification after August 7, 2013.
(c) You must prepare a siting analysis if you are required to
submit an initial application for a construction permit under 40 CFR
part 51, subpart I, or 40 CFR part 52, as applicable, for the
reconstruction or modification of your CISWI unit.

Sec. 60.2050 What is a siting analysis?

(a) The siting analysis must consider air pollution control
alternatives that minimize, on a site-specific basis, to the maximum
extent practicable, potential risks to public health or the
environment. In considering such alternatives, the analysis may
consider costs, energy impacts, nonair environmental impacts, or any
other factors related to the practicability of the alternatives.
(b) Analyses of your CISWI unit's impacts that are prepared to
comply with state, local, or other federal regulatory requirements may
be used to satisfy the requirements of this section, provided they
include the consideration of air pollution control alternatives
specified in paragraph (a) of this section.
(c) You must complete and submit the siting requirements of this
section as required under Sec. 60.2190(c) prior to commencing
construction.

Waste Management Plan

Sec. 60.2055 What is a waste management plan?

A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.

[[Page 40973]]

Sec. 60.2060 When must I submit my waste management plan?

(a) You must submit a waste management plan prior to commencing
construction.
(b) For CISWI units that commence reconstruction or modification
after August 7, 2013, you must submit a waste management plan prior to
the commencement of modification or reconstruction.

Sec. 60.2065 What should I include in my waste management plan?

A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures and implement those measures the source considers practical
and feasible, considering the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.

Operator Training and Qualification

Sec. 60.2070 What are the operator training and qualification
requirements?

(a) No CISWI unit can be operated unless a fully trained and
qualified CISWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified CISWI
unit operator may operate the CISWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified CISWI unit operators are temporarily not accessible,
you must follow the procedures in Sec. 60.2100.
(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 eleven subjects listed in paragraphs (c)(1)(i)
through (xi) of this section;
(i) Environmental concerns, including types of emissions;
(ii) Basic combustion principles, including products of combustion;
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures;
(iv) Combustion controls and monitoring;
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable);
(vi) Inspection and maintenance of the incinerator and air
pollution control devices;
(vii) Actions to prevent and correct malfunctions or to prevent
conditions that may lead to malfunctions;
(viii) Bottom and fly ash characteristics and handling procedures;
(ix) Applicable federal, state, and local regulations, including
Occupational Safety and Health Administration workplace standards;
(x) Pollution prevention; and
(xi) Waste management practices.
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec. 60.2075 When must the operator training course be completed?

The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section:
(a) Six months after your CISWI unit startup;
(b) December 3, 2001; and
(c) The date before an employee assumes responsibility for
operating the CISWI unit or assumes responsibility for supervising the
operation of the CISWI unit.

Sec. 60.2080 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 60.2070(b).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 60.2070(c)(2).

Sec. 60.2085 How do I maintain my operator qualification?

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

Sec. 60.2090 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section:
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 60.2085; and
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 60.2080(a).

Sec. 60.2095 What site-specific documentation is required?

[[Page 40974]]

(1) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2095(a) as required by
Sec. 60.2095(b), including the date of the initial review and all
subsequent annual reviews;
(2) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2070, met
the criteria for qualification under Sec. 60.2080, and maintained or
renewed their qualification under Sec. 60.2085 or Sec. 60.2090.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications; and
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec. 60.2100 What if all the qualified operators are temporarily not
accessible?

If all qualified operators are temporarily not accessible (i.e.,
not at the facility and not able to be at the facility within 1 hour),
you must meet one of the two criteria specified in paragraphs (a) and
(b) of this section, depending on the length of time that a qualified
operator is not accessible:
(a) When all qualified operators are not accessible for more than 8
hours, but less than 2 weeks, the CISWI unit may be operated by other
plant personnel familiar with the operation of the CISWI unit who have
completed a review of the information specified in Sec. 60.2095(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec. 60.2210; and
(b) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section:
(1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible; 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 CISWI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section. If the Administrator notifies
you that your request to continue operation of the CISWI unit is
disapproved, the CISWI unit may continue operation for 90 days, then
must cease operation. Operation of the unit may resume if you meet the
two requirements in paragraphs (b)(2)(i) and (ii) of this section:
(i) A qualified operator is accessible as required under Sec.
60.2070(a); and
(ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.

Emission Limitations and Operating Limits

Sec. 60.2105 What emission limitations must I meet and by when?

(a) You must meet the emission limitations for each CISWI unit,
including bypass stack or vent, specified in table 1 of this subpart or
tables 5 through 8 of this subpart by the applicable date in Sec.
60.2140. You must be in compliance with the emission limitations of
this subpart that apply to you at all times.
(b) An incinerator or air curtain incinerator that commenced
construction after November 30, 1999, but no later than June 4, 2010,
or that commenced reconstruction or modification on or after June 1,
2001 but no later than August 7, 2013, must continue to meet the
emission limits in table 1 of this subpart for units in the incinerator
subcategory and Sec. 60.2250 for air curtain incinerators until the
units become subject to the requirements of an approved state plan or
federal plan that implements subpart DDDD of this part (Emission
Guidelines and Compliance Times for Commercial and Industrial Solid
Waste Incineration Units).

Sec. 60.2110 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the emission
limitations, you must establish operating limits for up to four
operating parameters (as specified in table 2 of this subpart) as
described in paragraphs (a)(1) through (4) of this section during the
initial performance test:
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraph (a)(1)(i) or (ii) of this section, as
appropriate:
(i) For continuous and intermittent units, maximum charge rate is
110 percent of the average charge rate measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations; and
(ii) For batch units, maximum charge rate is 110 percent of the
daily charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limitations.
(2) Minimum pressure drop across the wet particulate matter
scrubber, which is calculated as the lowest 1-hour average pressure
drop across the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations; or minimum amperage to the wet scrubber, which is
calculated as the lowest 1-hour average amperage to the wet scrubber
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations;
(3) Minimum scrubber liquid flow rate, which is calculated as the
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas
or particulate matter scrubber measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations; and
(4) Minimum scrubber liquor pH, which is calculated as the lowest
1-hour average liquor pH at the inlet to the wet acid gas scrubber
measured during the most recent performance test demonstrating
compliance with the HCl emission limitation.
(b) You must meet the operating limits established during the
initial performance test 60 days after your CISWI unit reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup.
(c) If you use a fabric filter to comply with the emission
limitations and you do not use a PM CPMS for monitoring PM compliance,
you must operate each fabric filter system such that the bag leak
detection system alarm does not sound more than 5 percent of the
operating time during a 6-month period. In calculating this operating
time percentage, if inspection of the fabric filter demonstrates that
no corrective action is required, no alarm time is counted. If
corrective action is required, each alarm shall be counted as a minimum
of 1 hour. If you take longer than 1 hour to initiate corrective
action, the alarm time shall be counted as the actual amount of time
taken by you to initiate corrective action.
(d) If you use an electrostatic precipitator to comply with the
emission limitations and you do not use a PM CPMS for monitoring PM
compliance, you must measure the (secondary) voltage and amperage of
the electrostatic precipitator collection plates during the particulate
matter performance test. Calculate the average

[[Page 40975]]

electric power value (secondary voltage x secondary current = secondary
electric power) for each test run. The operating limit for the
electrostatic precipitator is calculated as the lowest 1-hour average
secondary electric power measured during the most recent performance
test demonstrating compliance with the particulate matter emission
limitations.
(e) If you use activated carbon sorbent injection to comply with
the emission limitations, you must measure the sorbent flow rate during
the performance testing. The operating limit for the carbon sorbent
injection is calculated as the lowest 1-hour average sorbent flow rate
measured during the most recent performance test demonstrating
compliance with the mercury emission limitations. For energy recovery
units, when your unit operates at lower loads, multiply your sorbent
injection rate by the load fraction, as defined in this subpart, to
determine the required injection rate (e.g., for 50 percent load,
multiply the injection rate operating limit by 0.5).
(f) If you use selective noncatalytic reduction to comply with the
emission limitations, you must measure the charge rate, the secondary
chamber temperature (if applicable to your CISWI unit), and the reagent
flow rate during the nitrogen oxides performance testing. The operating
limits for the selective noncatalytic reduction are calculated as the
highest 1-hour average charge rate, lower secondary chamber
temperature, and lowest reagent flow rate measured during the most
recent performance test demonstrating compliance with the nitrogen
oxides emission limitations.
(g) If you use a dry scrubber to comply with the emission
limitations, you must measure the injection rate of each sorbent during
the performance testing. The operating limit for the injection rate of
each sorbent is calculated as the lowest 1-hour average injection rate
or each sorbent measured during the most recent performance test
demonstrating compliance with the hydrogen chloride emission
limitations. For energy recovery units, when your unit operates at
lower loads, multiply your sorbent injection rate by the load fraction,
as defined in this subpart, to determine the required injection rate
(e.g., for 50 percent load, multiply the injection rate operating limit
by 0.5).
(h) If you do not use a wet scrubber, electrostatic precipitator,
or fabric filter to comply with the emission limitations, and if you do
not determine compliance with your particulate matter emission
limitation with either a particulate matter CEMS or a particulate
matter CPMS, you must maintain opacity to less than or equal to 10
percent opacity (1-hour block average).
(i) If you use a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (i)(1) through (5) of this section:
(1) Determine your operating limit as the average PM CPMS output
value recorded during the performance test or at a PM CPMS output value
corresponding to 75 percent of the emission limit if your PM
performance test demonstrates compliance below 75 percent of the
emission limit. You must verify an existing or establish a new
operating limit after each repeated performance test. You must repeat
the performance test annually and reassess and adjust the site-specific
operating limit in accordance with the results of the performance test:
(i) Your PM CPMS must provide a 4-20 milliamp output, or digital
equivalent, and the establishment of its relationship to manual
reference method measurements must be determined in units of milliamps;
(ii) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to at least two times
your allowable emission limit. If your PM CPMS is an auto-ranging
instrument capable of multiple scales, the primary range of the
instrument must be capable of reading PM concentration from zero to a
level equivalent to two times your allowable emission limit; and
(iii) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp output values, or their digital equivalent,
from the PM CPMS for the periods corresponding to the compliance test
runs (e.g., average all your PM CPMS output values for three
corresponding 2-hour Method 5I test runs).
(2) If the average of your three PM performance test runs are below
75 percent of your PM emission limit, you must calculate an operating
limit by establishing a relationship of PM CPMS signal to PM
concentration using the PM CPMS instrument zero, the average PM CPMS
output values corresponding to the three compliance test runs, and the
average PM concentration from the Method 5 or performance test with the
procedures in (i)(1) through (5) of this section:
(i) Determine your instrument zero output with one of the following
procedures:
(A) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench;
(B) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air;
(C) The zero point can also can be established obtained by
performing manual reference method measurements when the flue gas is
free of PM emissions or contains very low PM concentrations (e.g., when
your process is not operating, but the fans are operating or your
source is combusting only natural gas) and plotting these with the
compliance data to find the zero intercept; and
(D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of
this section are possible, you must use a zero output value provided by
the manufacturer.
(ii) Determine your PM CPMS instrument average in milliamps, or the
digital equivalent, and the average of your corresponding three PM
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TR23JN16.000

Where:
X1 = the PM CPMS output data points for the three runs
constituting the performance test,
Y1 = the PM concentration value for the three runs
constituting the performance test, and
n = the number of data points.

[[Page 40976]]

relationship of mg/dscm per milliamp or digital signal equivalent with
equation 2:
[GRAPHIC] [TIFF OMITTED] TR23JN16.001

Where:
R = the relative mg/dscm per milliamp or digital equivalent for your
PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp or digital signal
output from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument
zero determined from paragraph (2)(i) of this section.

(iv) Determine your source specific 30-day rolling average
operating limit using the mg/dscm per milliamp or digital value from
equation 2 in equation 3, below. This sets your operating limit at the
PM CPMS output value corresponding to 75 percent of your emission
limit:
[GRAPHIC] [TIFF OMITTED] TR23JN16.002

Where:
Ol = the operating limit for your PM CPMS on a 30-day
rolling average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or the digital equivalent,
determined from paragraph (2)(i) of this secction, and
R = the relative mg/dscm per milliamp or digital signal output
equivalent for your PM CPMS, from equation 2.

(3) If the average of your three PM compliance test runs is at or
above 75 percent of your PM emission limit you must determine your
operating limit by averaging the PM CPMS milliamp or digital signal
output corresponding to your three PM performance test runs that
demonstrate compliance with the emission limit using equation 4 and you
must submit all compliance test and PM CPMS data according to the
reporting requirements in paragraph (i)(5) of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.003

Where:
X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or
digital signal equivalent.

(4) To determine continuous compliance, you must record the PM CPMS
output data for all periods when the process is operating and the PM
CPMS is not out-of-control. You must demonstrate continuous compliance
by using all quality-assured hourly average data collected by the PM
CPMS for all operating hours to calculate the arithmetic average
operating parameter in units of the operating limit (e.g., milliamps or
digital signal bits, PM concentration, raw data signal) on a 30-day
rolling average basis.
(5) For PM performance test reports used to set a PM CPMS operating
limit, the electronic submission of the test report must also include
the make and model of the PM CPMS instrument, serial number of the
instrument, analytical principle of the instrument (e.g., beta
attenuation), span of the instruments primary analytical range,
milliamp or digital signal value equivalent to the instrument zero
output, technique by which this zero value was determined, and the
average milliamp or digital signals corresponding to each PM compliance
test run.

Sec. 60.2115 What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?

If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective noncatalytic reduction,
fabric filter, an electrostatic precipitator, or a dry scrubber or
limit emissions in some other manner, including material balances, to
comply with the emission limitations under Sec. 60.2105, you must
petition the EPA Administrator for specific operating limits to be
established during the initial performance test and continuously
monitored thereafter. You must submit the petition at least sixty days
before the performance test is scheduled to begin. Your petition must
include the five items listed in paragraphs (a) through (e) of this
section:
(a) Identification of the specific parameters you propose to use as
additional operating limits;
(b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters and how
limits on these parameters will serve to limit emissions of regulated
pollutants;
(c) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters;
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments; and
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Performance Testing

Sec. 60.2125 How do I conduct the initial and annual performance
test?

[[Page 40977]]

maintaining a log of the quantity of waste burned (as required in Sec.
60.2175(b)(1)) and the types of waste burned during the performance
test.
(c) All performance tests must be conducted using the minimum run
duration specified in table 1 of this subpart or tables 5 through 8 of
this subpart.
(d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
(e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.004

Where:
Cadj = pollutant concentration adjusted to 7 percent
oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen
correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis,
percent.

(g) You must determine dioxins/furans toxic equivalency by
following the procedures in paragraphs (g)(1) through (4) of this
section:
(1) Measure the concentration of each dioxin/furan tetra-through
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7;
(2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section 5.3.2.5.);
(3) For each dioxin/furan (tetra-through octa-chlorinated) isomer
measured in accordance with paragraphs (g)(1) and (2) of this section,
multiply the isomer concentration by its corresponding toxic
equivalency factor specified in table 3 of this subpart; and
(4) Sum the products calculated in accordance with paragraph (g)(3)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
(h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be
used to determine compliance with the fugitive ash emission limit in
table 1 of this subpart or tables 5 through 8 of this subpart.
(i) If you have an applicable opacity operating limit, you must
determine compliance with the opacity limit using Method 9 at 40 CFR
part 60, appendix A-4, based on three 1-hour blocks consisting of ten
6-minute average opacity values, unless you are required to install a
continuous opacity monitoring system, consistent with Sec. Sec.
60.2145 and 60.2165.
(j) You must determine dioxins/furans total mass basis by following
the procedures in paragraphs (j)(1) through (3) of this section:
(1) Measure the concentration of each dioxin/furan tetra-through
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7;
(2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section 5.3.2.5.); and
(3) Sum the quantities measured in accordance with paragraphs
(j)(1) and (2) of this section to obtain the total concentration of
dioxins/furans emitted in terms of total mass basis.

Sec. 60.2130 How are the performance test data used?

You use results of performance tests to demonstrate compliance with
the emission limitations in table 1 of this subpart or tables 5 through
8 of this subpart.

Initial Compliance Requirements

Sec. 60.2135 How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?

You must conduct a performance test, as required under Sec. Sec.
60.2125 and 60.2105 to determine compliance with the emission
limitations in table 1 of this subpart or tables 5 through 8 of this
subpart, to establish compliance with any opacity operating limit in
Sec. 60.2110, to establish the kiln-specific emission limit in Sec.
60.2145(y), as applicable, and to establish operating limits using the
procedures in Sec. Sec. 60.2110 or 60.2115. The performance test must
be conducted using the test methods listed in table 1 of this subpart
or tables 5 through 8 of this subpart and the procedures in Sec.
60.2125. The use of the bypass stack during a performance test shall
invalidate the performance test. You must conduct a performance
evaluation of each continuous monitoring system within 60 days of
installation of the monitoring system.

Sec. 60.2140 By what date must I conduct the initial performance
test?

(a) The initial performance test must be conducted within 60 days
after your CISWI unit reaches the charge rate at which it will operate,
but no later than 180 days after its initial startup.
(b) If you commence or recommence combusting a solid waste at an
existing combustion unit at any commercial or industrial facility, and
you conducted a test consistent with the provisions of this subpart
while combusting the solid waste within the 6 months preceding the
reintroduction of that solid waste in the combustion chamber, you do
not need to retest until 6 months from the date you reintroduce that
solid waste.
(c) If you commence or recommence combusting a solid waste at an
existing combustion unit at any commercial or industrial facility and
you have not conducted a performance test consistent with the
provisions of this subpart while combusting the solid waste within the
6 months preceding the reintroduction of that solid waste in the
combustion chamber, you must conduct a performance test within 60 days
from the date you reintroduce that solid waste.

Sec. 60.2141 By what date must I conduct the initial air pollution
control device inspection?

(a) The initial air pollution control device inspection must be
conducted within 60 days after installation of the control device and
the associated CISWI unit reaches the charge rate at which it will
operate, but no later than 180 days after the device's initial startup.
(b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the state agency
establishing a date whereby all

[[Page 40978]]

necessary repairs of the designated facility must be completed.

Continuous Compliance Requirements

Sec. 60.2145 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

(a) Compliance with standards. (1) The emission standards and
operating requirements set forth in this subpart apply at all times;
(2) If you cease combusting solid waste, you may opt to remain
subject to the provisions of this subpart. Consistent with the
definition of CISWI unit, you are subject to the requirements of this
subpart at least 6 months following the last date of solid waste
combustion. Solid waste combustion is ceased when solid waste is not in
the combustion chamber (i.e., the solid waste feed to the combustor has
been cut off for a period of time not less than the solid waste
residence time);
(3) If you cease combusting solid waste, you must be in compliance
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a
date selected by you, that must be at least 6 months from the date that
you ceased combusting solid waste, consistent with Sec. 60.2145(a)(2).
Your source must remain in compliance with this subpart until the
effective date of the waste-to-fuel switch;
(4) If you own or operate an existing commercial or industrial
combustion unit that combusted a fuel or non-waste material, and you
commence or recommence combustion of solid waste, you are subject to
the provisions of this subpart as of the first day you introduce or
reintroduce solid waste to the combustion chamber, and this date
constitutes the effective date of the fuel-to-waste switch. You must
complete all initial compliance demonstrations for any section 112
standards that are applicable to your facility before you commence or
recommence combustion of solid waste. You must provide 30 days prior
notice of the effective date of the waste-to-fuel switch. The
notification must identify:
(i) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
(ii) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
(iii) The fuel(s), non-waste material(s) and solid waste(s) the
CISWI unit is currently combusting and has combusted over the past 6
months, and the fuel(s) or non-waste materials the unit will commence
combusting;
(iv) The date on which you became subject to the currently
applicable emission limits; and
(v) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (a)(2) and (3) of this section.
(5) All air pollution control equipment necessary for compliance
with any newly applicable emissions limits which apply as a result of
the cessation or commencement or recommencement of combusting solid
waste must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch.
(6) All monitoring systems necessary for compliance with any newly
applicable monitoring requirements which apply as a result of the
cessation or commencement or recommencement of combusting solid waste
must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch. All calibration and drift
checks must be performed as of the effective date of the waste-to-fuel,
or fuel-to-waste switch. Relative accuracy tests must be performed as
of the performance test deadline for PM CEMS (if PM CEMS are elected to
demonstrate continuous compliance with the particulate matter emission
limits). Relative accuracy testing for other CEMS need not be repeated
if that testing was previously performed consistent with Clean Air Act
section 112 monitoring requirements or monitoring requirements under
this subpart.
(b) You must conduct an annual performance test for the pollutants
listed in table 1 of this subpart or tables 5 through 8 of this subpart
and opacity for each CISWI unit as required under Sec. 60.2125. The
annual performance test must be conducted using the test methods listed
in table 1 of this subpart or tables 5 through 8 of this subpart and
the procedures in Sec. 60.2125. Annual performance tests are not
required if you use CEMS or continuous opacity monitoring systems to
determine compliance.
(c) You must continuously monitor the operating parameters
specified in Sec. 60.2110 or established under Sec. 60.2115 and as
specified in Sec. 60.2170. Use 3-hour block average values to
determine compliance (except for baghouse leak detection system alarms)
unless a different averaging period is established under Sec. 60.2115
or, for energy recovery units, where the averaging time for each
operating parameter is a 30-day rolling, calculated each hour as the
average of the previous 720 operating hours. Operation above the
established maximum, below the established minimum, or outside the
allowable range of operating limits specified in paragraph (a) of this
section constitutes a deviation from your operating limits established
under this subpart, except during performance tests conducted to
determine compliance with the emission and operating limits or to
establish new operating limits. Operating limits are confirmed or
reestablished during performance tests.
(d) You must burn only the same types of waste and fuels used to
establish subcategory applicability (for energy recovery units) and
operating limits during the performance test.
(e) For energy recovery units, incinerators, and small remote
units, you must perform an annual visual emissions test for ash
handling.
(f) For energy recovery units, you must conduct an annual
performance test for opacity (except where particulate matter CEMS or
continuous opacity monitoring systems are used are used) and the
pollutants listed in table 6 of this subpart.
(g) You may elect to demonstrate continuous compliance with the
carbon monoxide emission limit using a carbon monoxide CEMS according
to the following requirements:
(1) You must measure emissions according to Sec. 60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen.
CEMS data during startup and shutdown, as defined in this subpart, are
not corrected to 7 percent oxygen, and are measured at stack oxygen
content. You must demonstrate initial compliance with the carbon
monoxide emissions limit using a 30-day rolling average of these 1-hour
arithmetic average emission concentrations, including CEMS data during
startup and shutdown as defined in this subpart, calculated using
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, appendix A-7 of this part; and
(2) Operate the carbon monoxide CEMS in accordance with the
requirements of performance specification 4A of appendix B of this part
and quality assurance procedure 1 of appendix F of this part.
(h) Coal and liquid/gas energy recovery units with average annual
heat input rates greater than or equal to 250 MMBtu/hr may elect to
demonstrate continuous compliance with the particulate matter emissions
limit using a particulate matter CEMS according to the procedures in
Sec. 60.2165(n) instead

[[Page 40979]]

of the particulate matter continuous parameter monitoring system (CPMS)
specified in Sec. 60.2145. Coal and liquid/gas energy recovery units
with annual average heat input rates less than 250 MMBtu/hr,
incinerators, and small remote incinerators may also elect to
demonstrate compliance using a particulate matter CEMS according to the
procedures in Sec. 60.2165(n) instead of particulate matter testing
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable,
the continuous opacity monitoring requirements in paragraph (i) of this
section.
(i) For energy recovery units with annual average heat input rates
greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you
must install, operate, certify and maintain a continuous opacity
monitoring system (COMS) according to the procedures in Sec. 60.2165.
(j) For waste-burning kilns, you must conduct an annual performance
test for cadmium, lead, dioxins/furans and hydrogen chloride as listed
in table 7 of this subpart. If you do not use an acid gas wet scrubber
or dry scrubber, you must determine compliance with the hydrogen
chloride emissions limit according to the requirements in paragraph
(j)(1) of this section. You must determine compliance with the mercury
emissions limit using a mercury CEMS according to paragraph (j)(2) of
this section. You must determine compliance with nitrogen oxides,
sulfur dioxide, and carbon monoxide using CEMS. You must determine
compliance with particulate matter using CPMS:
(1) If you monitor compliance with the HCl emissions limit by
operating an HCl CEMS, you must do so in accordance with Performance
Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of
appendix B to 40 CFR part 60. You must operate, maintain, and quality
assure a HCl CEMS installed and certified under PS 15 according to the
quality assurance requirements in Procedure 1 of appendix F to 40 CFR
part 60 except that the Relative Accuracy Test Audit requirements of
Procedure 1 must be replaced with the validation requirements and
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate,
maintain and quality assure a HCl CEMS installed and certified under PS
18 according to the quality assurance requirements in Procedure 6 of
appendix F to 40 CFR part 60. For any performance specification that
you use, you must use Method 321 of appendix A to 40 CFR part 63 as the
reference test method for conducting relative accuracy testing. The
span value and calibration requirements in paragraphs (j)(1)(i) and
(ii) of this section apply to all HCl CEMS used under this subpart:
(i) You must use a measurement span value for any HCl CEMS of 0-10
ppmvw unless the monitor is installed on a kiln without an inline raw
mill. Kilns without an inline raw mill may use a higher span value
sufficient to quantify all expected emissions concentrations. The HCl
CEMS data recorder output range must include the full range of expected
HCl concentration values which would include those expected during
``mill off'' conditions. The corresponding data recorder range shall be
documented in the site-specific monitoring plan and associated records;
(ii) In order to quality assure data measured above the span value,
you must use one of the three options in paragraphs (j)(1)(ii)(A)
through (C) of this section:
(A) Include a second span that encompasses the HCl emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5 ppm of
total HCl. The requirements of the appropriate HCl monitor performance
specification shall be followed for this second span with the exception
that a RATA with the mill off is not required;
(B) Quality assure any data above the span value by proving
instrument linearity beyond the span value established in paragraph
(j)(1)(i) of this section using the following procedure. Conduct a
weekly ``above span linearity'' calibration challenge of the monitoring
system using a reference gas with a certified value greater than your
highest expected hourly concentration or greater than 75% of the
highest measured hourly concentration. The ``above span'' reference gas
must meet the requirements of the applicable performance specification
and must be introduced to the measurement system at the probe. Record
and report the results of this procedure as you would for a daily
calibration. The ``above span linearity'' challenge is successful if
the value measured by the HCl CEMS falls within 10 percent of the
certified value of the reference gas. If the value measured by the HCl
CEMS during the above span linearity challenge exceeds 10 percent of
the certified value of the reference gas, the monitoring system must be
evaluated and repaired and a new ``above span linearity'' challenge met
before returning the HCl CEMS to service, or data above span from the
HCl CEMS must be subject to the quality assurance procedures
established in (j)(1)(ii)(D) of this section. In this manner values
measured by the HCl CEMS during the above span linearity challenge
exceeding +/-20 percent of the certified value of the reference gas
must be normalized using equation 6;
(C) Quality assure any data above the span value established in
paragraph (j)(1)(i) of this section using the following procedure. Any
time two consecutive one-hour average measured concentration of HCl
exceeds the span value you must, within 24 hours before or after,
introduce a higher, ``above span'' HCl reference gas standard to the
HCl CEMS. The ``above span'' reference gas must meet the requirements
of the applicable performance specification and target a concentration
level between 50 and 150 percent of the highest expected hourly
concentration measured during the period of measurements above span,
and must be introduced at the probe. While this target represents a
desired concentration range that is not always achievable in practice,
it is expected that the intent to meet this range is demonstrated by
the value of the reference gas. Expected values may include above span
calibrations done before or after the above-span measurement period.
Record and report the results of this procedure as you would for a
daily calibration. The ``above span'' calibration is successful if the
value measured by the HCl CEMS is within 20 percent of the certified
value of the reference gas. If the value measured by the HCl CEMS is
not within 20 percent of the certified value of the reference gas, then
you must normalize the stack gas values measured above span as
described in paragraph (j)(1)(ii)(D) of this section. If the ``above
span'' calibration is conducted during the period when measured
emissions are above span and there is a failure to collect the one data
point in an hour due to the calibration duration, then you must
determine the emissions average for that missed hour as the average of
hourly averages for the hour preceding the missed hour and the hour
following the missed hour. In an hour where an ``above span''
calibration is being conducted and one or more data points are
collected, the emissions average is represented by the average of all
valid data points collected in that hour;
(D) In the event that the ``above span'' calibration is not
successful (i.e., the HCl CEMS measured value is not within 20 percent
of the certified value of the reference gas), then you must normalize
the one-hour average stack gas values measured above the span during
the 24-hour period preceding or following the ``above span''
calibration for reporting based on the HCl CEMS response to the
reference gas as shown in equation 6:

[[Page 40980]]

[GRAPHIC] [TIFF OMITTED] TR23JN16.005

Only one ``above span'' calibration is needed per 24-hour period.
(2) Compliance with the mercury emissions limit must be determined
using a mercury CEMS according to the following requirements:
(i) You must operate a CEMS system in accordance with performance
specification 12A of 40 CFR part 60, appendix B or a sorbent trap based
integrated monitor in accordance with performance specification 12B of
40 CFR part 60, appendix B. The duration of the performance test must
be a calendar month. For each calendar month in which the waste-burning
kiln operates, hourly mercury concentration data, and stack gas
volumetric flow rate data must be obtained. You must demonstrate
compliance with the mercury emissions limit using a 30-day rolling
average of these 1-hour mercury concentrations, including CEMS data
during startup and shutdown as defined in this subpart, calculated
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40
CFR part 60, appendix A-7 of this part. CEMS data during startup and
shutdown, as defined in this subpart, are not corrected to 7 percent
oxygen, and are measured at stack oxygen content;
(ii) Owners or operators using a mercury CEMS must install,
operate, calibrate, and maintain an instrument for continuously
measuring and recording the mercury mass emissions rate to the
atmosphere according to the requirements of performance specifications
6 and 12A of 40 CFR part 60, appendix B, and quality assurance
procedure 6 of 40 CFR part 60, appendix F; and
(iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS while the
raw mill of the in-line kiln/raw mill is operating under normal
conditions and including at least one period when the raw mill is off.
(k) If you use an air pollution control device to meet the emission
limitations in this subpart, you must conduct an initial and annual
inspection of the air pollution control device. The inspection must
include, at a minimum, the following:
(1) Inspect air pollution control device(s) for proper operation;
and.
(2) Develop a site-specific monitoring plan according to the
requirements in paragraph (l) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under Sec. 60.13(i).
(l) For each continuous monitoring system required in this section,
you must develop and submit to the EPA Administrator for approval a
site-specific monitoring plan according to the requirements of this
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this
section:
(1) You must submit this site-specific monitoring plan at least 60
days before your initial performance evaluation of your continuous
monitoring system:
(i) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device);
(ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
(iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations);
(iv) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec. 60.11(d);
(v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 60.13; and
(vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4),
(d), (e), (f), and (g).
(2) You must conduct a performance evaluation of each continuous
monitoring system in accordance with your site-specific monitoring
plan.
(3) You must operate and maintain the continuous monitoring system
in continuous operation according to the site-specific monitoring plan.
(m) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs (l) and
(m)(1) through (4) of this section:
(1) Install the flow sensor and other necessary equipment in a
position that provides a representative flow;
(2) Use a flow sensor with a measurement sensitivity at full scale
of no greater than 2 percent;
(3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances; and
(4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
(n) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (l) and (n)(1) through (6) of this section:
(1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., PM scrubber pressure
drop);
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion;
(3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less;
(4) Perform checks at the frequency outlined in your site-specific
monitoring plan to ensure pressure measurements are not obstructed
(e.g., check for pressure tap plugging daily);
(5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually; and
(6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
(o) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (l) and (o)(1)
through (4) of this section:
(1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH;
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured;
(3) Conduct a performance evaluation of the pH monitoring system in

[[Page 40981]]

accordance with your monitoring plan at least once each process
operating day; and
(4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the pH of the operating limit) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
(p) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this
section:
(1) Install sensors to measure (secondary) voltage and current to
the precipitator collection plates; and
(2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
(q) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (l) and (q)(1) and (2) of this section:
(1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate; and
(2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
(r) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain, and continuously operate a bag leak detection
system as specified in paragraphs (l) and (r)(1) through (5) of this
section:
(1) Install a bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter;
(2) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
(3) Conduct a performance evaluation of the bag leak detection
system in accordance with your monitoring plan and consistent with the
guidance provided in EPA-454/R-98-015 (incorporated by reference, see
Sec. 60.17);
(4) Use a bag leak detection system equipped with a device to
continuously record the output signal from the sensor; and
(5) Use a bag leak detection system equipped with a system that
will sound an alarm when an increase in relative particulate matter
emissions over a preset level is detected. The alarm must be located
where it is observed readily by plant operating personnel.
(s) For facilities using a CEMS to demonstrate compliance with the
sulfur dioxide emission limit, compliance with the sulfur dioxide
emission limit may be demonstrated by using the CEMS specified in Sec.
60.2165 to measure sulfur dioxide. CEMS data during startup and
shutdown, as defined in this subpart, are not corrected to 7 percent
oxygen, and are measured at stack oxygen content. You must calculate a
30-day rolling average of the 1-hour arithmetic average emission
concentrations, including CEMS data during startup and shutdown as
defined in this subpart, calculated using equation 19-19 in section
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of
this part. The sulfur dioxide CEMS must be operated according to
performance specification 2 in appendix B of this part and must follow
the procedures and methods specified in paragraph (s) of this section.
For sources that have actual inlet emissions less than 100 parts per
million dry volume, the relative accuracy criterion for inlet sulfur
dioxide CEMS should be no greater than 20 percent of the mean value of
the reference method test data in terms of the units of the emission
standard, or 5 parts per million dry volume absolute value of the mean
difference between the reference method and the CEMS, whichever is
greater:
(1) During each relative accuracy test run of the CEMS required by
performance specification 2 in appendix B of this part, collect sulfur
dioxide and oxygen (or carbon dioxide) data concurrently (or within a
30- to 60-minute period) with both the CEMS and the test methods
specified in paragraphs (s)(1)(i) and (ii) of this section:
(i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec. 60.17) must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec. 60.17), must be used.
(2) The span value of the CEMS at the inlet to the sulfur dioxide
control device must be 125 percent of the maximum estimated hourly
potential sulfur dioxide emissions of the unit subject to this subpart.
The span value of the CEMS at the outlet of the sulfur dioxide control
device must be 50 percent of the maximum estimated hourly potential
sulfur dioxide emissions of the unit subject to this subpart.
(3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
(t) For facilities using a CEMS to demonstrate continuous
compliance with the nitrogen oxides emission limit, compliance with the
nitrogen oxides emission limit may be demonstrated by using the CEMS
specified in Sec. 60.2165 to measure nitrogen oxides. CEMS data during
startup and shutdown, as defined in this subpart, are not corrected to
7 percent oxygen, and are measured at stack oxygen content. You must
calculate a 30-day rolling average of the 1-hour arithmetic average
emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, using equation 19-19 in section
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of
this part. The nitrogen oxides CEMS must be operated according to
performance specification 2 in appendix B of this part and must follow
the procedures and methods specified in paragraphs (t)(1) through (4)
of this section:
(1) During each relative accuracy test run of the CEMS required by
performance specification 2 of appendix B of this part, collect
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or
within a 30- to 60-minute period) with both the CEMS and the test
methods specified in paragraphs (t)(1)(i) and (ii) of this section:
(i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR
part 60, appendix A-4 must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec. 60.17), as applicable,
must be used.
(2) The span value of the continuous emission monitoring system
must be 125 percent of the maximum estimated hourly potential nitrogen
oxide emissions of the unit.
(3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
(4) The owner or operator of an affected facility may request that

[[Page 40982]]

compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (t)(4)(i) through (iv)
of this section. This relationship may be re-established during
performance compliance tests:
(i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-
1981 (incorporated by reference, see Sec. 60.17), as applicable, must
be used to determine the oxygen concentration at the same location as
the carbon dioxide monitor;
(ii) Samples must be taken for at least 30 minutes in each hour;
(iii) Each sample must represent a 1-hour average; and
(iv) A minimum of three runs must be performed.
(u) For facilities using a CEMS to demonstrate continuous
compliance with any of the emission limits of this subpart, you must
complete the following:
(1) Demonstrate compliance with the appropriate emission limit(s)
using a 30-day rolling average of 1-hour arithmetic average emission
concentrations, including CEMS data during startup and shutdown as
defined in this subpart, calculated using equation 19-19 in section
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of
this part. CEMS data during startup and shutdown, as defined in the
subpart, are not corrected to 7 percent oxygen, and are measured at
stack oxygen content; and
(2) Operate all CEMS in accordance with the applicable procedures
under appendices B and F of this part.
(v) Use of the bypass stack at any time is an emissions standards
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX,
SO2, and dioxin/furans.
(w) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain a oxygen analyzer system as
defined in Sec. 60.2265 according to the procedures in paragraphs
(w)(1) through (4) of this section:
(1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec. 60.2140;
(2) You must operate the oxygen trim system within compliance with
paragraph (w)(3) of this section at all times;
(3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen is not
below the lowest hourly average oxygen concentration measured during
the most recent CO performance test; and
(4) You must calculate and record a 30-day rolling average oxygen
concentration using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
(x) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (x)(1) through (8) of
this section. For other energy recovery units, you may elect to use PM
CPMS operated in accordance with this section. PM CPMS are suitable in
lieu of using other CMS for monitoring PM compliance (e.g., bag leak
detectors, ESP secondary power, PM scrubber pressure):
(1) Install, calibrate, operate, and maintain your PM CPMS
according to the procedures in your approved site-specific monitoring
plan developed in accordance with paragraphs (l) and (x)(1)(i) through
(iii) of this section:
(i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta
attenuation, or mass accumulation detection of the exhaust gas or
representative sample. The reportable measurement output from the PM
CPMS must be expressed as milliamps or the digital signal equivalent;
(ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes; and
(iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
(2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec. 60.2110.
(3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps.
(4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps or their digital
equivalent).
(5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (x)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
(6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
(i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
(ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report);
(iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
(7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
(8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
(i) Within 48 hours of the deviation, visually inspect the air
pollution control device;

[[Page 40983]]

(ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value;
(iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify. Within 45 days of the deviation, you must re-establish the
CPMS operating limit. You are not required to conduct additional
testing for any deviations that occur between the time of the original
deviation and the PM emissions compliance test required under paragraph
(x) of this section; and
(iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
(y) When there is an alkali bypass and/or an in-line coal mill that
exhaust emissions through a separate stack(s), the combined emissions
are subject to the emission limits applicable to waste-burning kilns.
To determine the kiln-specific emission limit for demonstrating
compliance, you must:
(1) Calculate a kiln-specific emission limit using equation 7:

[GRAPHIC] [TIFF OMITTED] TR23JN16.006

[GRAPHIC] [TIFF OMITTED] TR23JN16.007

Where:Cks = Kiln stack concentration (ppmvd, mgdscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm,
ng/dscm, depending on pollutant. Each corrected to 7%
O2.)
Qks = Kiln stack flow rate (volume/hr)

(2) Particulate matter concentration must be measured downstream of
the in-line coal mill. All other pollutant concentrations must be
measured either upstream or downstream of the in-line coal mill; and
(3) For purposes of determining the combined emissions from kilns
equipped with an alkali bypass or that exhaust kiln gases to a coal
mill that exhausts through a separate stack, instead of installing a
CEMS or PM CPMS on the alkali bypass stack or in-line coal mill stack,
the results of the initial and subsequent performance test can be used
to demonstrate compliance with the relevant emissions limit. A
performance test must be conducted on an annual basis (between 11 and
13 calendar months following the previous performance test).

Sec. 60.2150 By what date must I conduct the annual performance test?

You must conduct annual performance tests between 11 and 13 months
of the previous performance test.

Sec. 60.2151 By what date must I conduct the annual air pollution
control device inspection?

On an annual basis (no more than 12 months following the previous
annual air pollution control device inspection), you must complete the
air pollution control device inspection as described in Sec. 60.2141.

Sec. 60.2155 May I conduct performance testing less often?

(a) You must conduct annual performance tests according to the
schedule specified in Sec. 60.2150, with the following exceptions:
(1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward, as specified in Sec. 60.2160. The Administrator may request a
repeat performance test at any time;
(2) You must repeat the performance test within 60 days of a
process change, as defined in Sec. 60.2265;
(3) If the initial or any subsequent performance test for any
pollutant in table 1 or tables 5 through 8 of this subpart, as
applicable, demonstrates that the emission level for the pollutant is
no greater than the emission level specified in paragraph (a)(3)(i) or
(a)(3)(ii) of this section, as
(i) For particulate matter, hydrogen chloride, mercury, nitrogen
oxides, sulfur dioxide, cadmium, lead and dioxins/furans, the emission
level equal to 75 percent of the applicable emission limit in table 1
or tables 5 through 8 of this subpart, as applicable, to this subpart;
and
(ii) For fugitive emissions, visible emissions (of combustion ash
from the ash conveying system) for 2 percent of the time during each of
the three 1-hour observations periods.
(4) If you are conducting less frequent testing for a pollutant as
provided in paragraph (a)(3) of this section and a subsequent
performance test for the pollutant indicates that your CISWI unit does
not meet the emission level specified in paragraph (a)(3)(i) or
(a)(3)(ii) of this section, as applicable, you must conduct annual
performance tests for the pollutant according to the schedule specified
in paragraph (a) of this section until you qualify for less frequent
testing for the pollutant as specified in paragraph (a)(3) of this
section.
(b) [Reserved]

Sec. 60.2160 May I conduct a repeat performance test to establish new
operating limits?

(a) Yes. You may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.
(b) You must repeat the performance test if your feed stream is
different than the feed streams used during any performance test used
to demonstrate compliance.

Monitoring

Sec. 60.2165 What monitoring equipment must I install and what
parameters must I monitor?

(a) If you are using a wet scrubber to comply with the emission
limitation under Sec. 60.2105, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in table 2 of this subpart at all times except as specified in Sec.
60.2170(a).
(b) If you use a fabric filter to comply with the requirements of
this subpart and you do not use a PM CPMS for monitoring PM compliance,
you must install, calibrate, maintain, and continuously operate a bag
leak

[[Page 40984]]

detection system as specified in paragraphs (b)(1) through (8) of this
section:
(1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter;
(2) Each bag leak detection system must be installed, operated,
calibrated, and maintained in a manner consistent with the
manufacturer's written specifications and recommendations;
(3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
(4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings;
(5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor;
(6) The bag leak detection system must be equipped with an alarm
system that will alert automatically an operator when an increase in
relative particulate matter emissions over a preset level is detected.
The alarm must be located where it is observed easily by plant
operating personnel;
(7) For positive pressure fabric filter systems, a bag leak
detection system must be installed in each baghouse compartment or
cell. For negative pressure or induced air fabric filters, the bag leak
detector must be installed downstream of the fabric filter; and
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, an electrostatic
precipitator, or a dry scrubber to comply with the emission limitations
under Sec. 60.2105, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec. 60.2115.
(d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
mercury sorbent flow rate once per hour.
(e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
(1) Following the date on which the initial performance test is
completed or is required to be completed under Sec. 60.2125, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI unit) or the minimum reagent
flow rate measured as 3-hour block averages at all times; and
(2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
(f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart and you do not use a PM CPMS for
monitoring PM compliance, you must monitor the secondary power to the
electrostatic precipitator collection plates and maintain the 3-hour
block averages at or above the operating limits established during the
mercury or particulate matter performance test.
(g) For waste-burning kilns not equipped with a wet scrubber or dry
scrubber, in place of hydrogen chloride testing with EPA Method 321 at
40 CFR part 63, appendix A, an owner or operator must install,
calibrate, maintain, and operate a CEMS for monitoring hydrogen
chloride emissions, as specified in Sec. 60.2145(j) of this subpart,
discharged to the atmosphere and record the output of the system. To
demonstrate continuous compliance with the hydrogen chloride emissions
limit for units other than waste-burning kilns not equipped with a wet
scrubber or dry scrubber, a facility may substitute use of a hydrogen
chloride CEMS for conducting the hydrogen chloride annual performance
test, monitoring the minimum hydrogen chloride sorbent flow rate,
monitoring the minimum scrubber liquor pH, and monitoring minimum
injection rate.
(h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of either a
particulate matter CEMS or a particulate matter CPMS for conducting the
PM annual performance test and using other CMS for monitoring PM
compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber
pressure).
(i) To demonstrate continuous compliance with the dioxin/furan
emissions limit, a facility may substitute use of a continuous
automated sampling system for the dioxin/furan annual performance test.
You must record the output of the system and analyze the sample
according to EPA Method 23 at 40 CFR part 60, appendix A-7 of this
part. This option to use a continuous automated sampling system takes
effect on the date a final performance specification applicable to
dioxin/furan from continuous monitors is published in the Federal
Register. The owner or operator who elects to continuously sample
dioxin/furan emissions instead of sampling and testing using EPA Method
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain,
and operate a continuous automated sampling system and must comply with
the requirements specified in Sec. 60.58b(p) and (q). A facility may
substitute continuous dioxin/furan monitoring for the minimum sorbent
flow rate, if activated carbon sorbent injection is used solely for
compliance with the dioxin/furan emission limit.
(j) To demonstrate continuous compliance with the mercury emissions
limit, a facility may substitute use of a continuous automated sampling
system for the mercury annual performance test. You must record the
output of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet performance
specification 12B. The owner or operator who elects to continuously
sample mercury emissions instead of sampling and testing using EPA
Reference Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-
02 (Reapproved 2008) (incorporated by reference, see Sec. 60.17), or
an approved alternative method for measuring mercury emissions, must
install, calibrate, maintain, and operate a continuous automated
sampling system and must comply with performance specification 12A and
quality assurance procedure 5, as well as the requirements specified in
Sec. 60.58b(p) and (q). A facility may substitute continuous mercury
monitoring for the minimum sorbent flow rate, if activated carbon
sorbent injection is used solely for compliance with the mercury
emission limit. Waste-burning kilns must install, calibrate, maintain,
and operate a mercury CEMS as specified in Sec. 60.2145(j).
(k) To demonstrate continuous compliance with the nitrogen oxides
emissions limit, a facility may substitute use of a CEMS for the
nitrogen oxides annual performance test to demonstrate compliance with
the nitrogen oxides emissions limits and monitoring the charge rate,
secondary chamber temperature, and reagent flow for selective
noncatalytic reduction, if applicable:
(1) Install, calibrate, maintain, and operate a CEMS for measuring
nitrogen oxides emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance

[[Page 40985]]

procedure one of appendix F of this part and the procedures under Sec.
60.13 must be followed for installation, evaluation, and operation of
the CEMS; and
(2) Following the date that the initial performance test for
nitrogen oxides is completed or is required to be completed under Sec.
60.2125, compliance with the emission limit for nitrogen oxides
required under Sec. 60.52b(d) must be determined based on the 30-day
rolling average of the hourly emission concentrations using CEMS outlet
data. The 1-hour arithmetic averages must be expressed in parts per
million by volume corrected to 7 percent oxygen (dry basis) and used to
calculate the 30-day rolling average concentrations. CEMS data during
startup and shutdown, as defined in this subpart, are not corrected to
7 percent oxygen, and are measured at stack oxygen content. The 1-hour
arithmetic averages must be calculated using the data points required
under Sec. 60.13(e)(2).
(l) To demonstrate continuous compliance with the sulfur dioxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the sulfur dioxide annual performance
test to demonstrate compliance with the sulfur dioxide emissions
limits:
(1) Install, calibrate, maintain, and operate a CEMS for measuring
sulfur dioxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance requirements of
procedure one of appendix F of this part and procedures under Sec.
60.13 must be followed for installation, evaluation, and operation of
the CEMS; and
(2) Following the date that the initial performance test for sulfur
dioxide is completed or is required to be completed under Sec.
60.2125, compliance with the sulfur dioxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using CEMS outlet data. The 1-hour
arithmetic averages must be expressed in parts per million corrected to
7 percent oxygen (dry basis) and used to calculate the 30-day rolling
average emission concentrations. CEMS data during startup and shutdown,
as defined in this subpart, are not corrected to 7 percent oxygen, and
are measured at stack oxygen content. The 1-hour arithmetic averages
must be calculated using the data points required under Sec.
60.13(e)(2).
(m) For energy recovery units over 10 MMBtu/hr but less than 250
MMBtu/hr annual average heat input rates that do not use a wet
scrubber, fabric filter with bag leak detection system, or particulate
matter CEMS, you must install, operate, certify, and maintain a
continuous opacity monitoring system according to the procedures in
paragraphs (m)(1) through (5) of this section by the compliance date
specified in Sec. 60.2105. Energy recovery units that use a CEMS to
demonstrate initial and continuing compliance according to the
procedures in Sec. 60.2165(n) are not required to install a continuous
opacity monitoring system and must perform the annual performance tests
for the opacity consistent with Sec. 60.2145(f):
(1) Install, operate, and maintain each continuous opacity
monitoring system according to performance specification 1 of 40 CFR
part 60, appendix B;
(2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec. 60.13 and
according to PS-1 of 40 CFR part 60, appendix B;
(3) As specified in Sec. 60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period;
(4) Reduce the continuous opacity monitoring system data as
specified in Sec. 60.13(h)(1); and
(5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
(n) For coal and liquid/gas energy recovery units, incinerators,
and small remote incinerators, an owner or operator may elect to
install, calibrate, maintain, and operate a CEMS for monitoring
particulate matter emissions discharged to the atmosphere and record
the output of the system. The owner or operator of an affected facility
who continuously monitors particulate matter emissions instead of
conducting performance testing using EPA Method 5 at 40 CFR part 60,
appendix A-3 or, as applicable, monitor with a particulate matter CPMS
according to paragraph (r) of this section, must install, calibrate,
maintain, and operate a CEMS and must comply with the requirements
specified in paragraphs (n)(1) through (13) of this section:
(1) Notify the Administrator 1 month before starting use of the
system;
(2) Notify the Administrator 1 month before stopping use of the
system;
(3) The monitor must be installed, evaluated, and operated in
accordance with the requirements of performance specification 11 of
appendix B of this part and quality assurance requirements of procedure
two of appendix F of this part and Sec. 60.13. Use Method 5 or Method
5I of Appendix A of this part for the PM CEMS correlation testing;
(4) The initial performance evaluation must be completed no later
than 180 days after the date of initial startup of the affected
facility, as specified under Sec. 60.2125 or within 180 days of
notification to the Administrator of use of the continuous monitoring
system if the owner or operator was previously determining compliance
by Method 5 performance tests, whichever is later;
(5) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec. 60.2145(t)(4)(i) through
(iv);
(6) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions as required
under Sec. 60.2125. Compliance with the particulate matter emission
limit, if PM CEMS are elected for demonstrating compliance, must be
determined by using the CEMS specified in paragraph (n) of this section
to measure particulate matter. You must calculate a 30-day rolling
average of 1-hour arithmetic average emission concentrations, including
CEMS data during startup and shutdown, as defined in this subpart,
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40
CFR part 60, appendix A-7;
(7) Compliance with the particulate matter emission limit must be
determined based on the 30-day rolling average calculated using
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, appendix A-7 from the 1-hour arithmetic average CEMS outlet
data;
(8) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified in Sec. 60.2170(e);
(9) The 1-hour arithmetic averages required under paragraph (n)(7)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (dry basis) and must be used to
calculate the 30-day rolling average emission concentrations. CEMS data
during startup and shutdown, as defined in this subpart, are not
corrected to 7 percent oxygen, and are measured at stack oxygen
content. The 1-hour arithmetic averages must be calculated using the
data points required under Sec. 60.13(e)(2);
(10) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum

[[Page 40986]]

CEMS data requirements of paragraph (n)(8) of this section are not met.
(11) The CEMS must be operated according to performance
specification 11 in appendix B of this part;
(12) During each relative accuracy test run of the CEMS required by
performance specification 11 in appendix B of this part, particulate
matter and oxygen (or carbon dioxide) data must be collected
concurrently (or within a 30- to 60-minute period) by both the CEMS and
the following test methods:
(i) For particulate matter, EPA Reference Method 5 must be used;
and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
as applicable, must be used; and
(13) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 2 in appendix F of
this part.
(o) To demonstrate continuous compliance with the carbon monoxide
emissions limit, you may substitute use of a continuous automated
sampling system for the carbon monoxide annual performance test:
(1) Install, calibrate, maintain, and operate a CEMS for measuring
carbon monoxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
4B of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part and the procedures under Sec. 60.13 must be
followed for installation, evaluation, and operation of the CEMS; and
(2) Following the date that the initial performance test for carbon
monoxide is completed or is required to be completed under Sec.
60.2140, compliance with the carbon monoxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, using CEMS outlet data. Except for
CEMS data during startup and shutdown, as defined in this subpart, the
1-hour arithmetic averages must be expressed in parts per million
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data during startup
and shutdown, as defined in this subpart, are not corrected to 7
percent oxygen, and are measured at stack oxygen content. The 1-hour
arithmetic averages must be calculated using the data points required
under Sec. 60.13(e)(2).
(p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain,
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
(q) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain a oxygen analyzer system as
defined in Sec. 60.2265 according to the procedures in paragraphs
(q)(1) through (4) of this section:
(1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec. 60.2140;
(2) You must operate the oxygen trim system within compliance with
paragraph (q)(3) of this section at all times;
(3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen according
to paragraph (q)(4) of this section is not below the lowest hourly
average oxygen concentration measured during the most recent CO
performance test; and
(4) You must calculate and record a 30-day rolling average oxygen
concentration using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
(r) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (r)(1) through (8) of
this section. If you elect to use a particulate matter CEMS as
specified in paragraph (n) of this section, you are not required to use
a PM CPMS to monitor particulate matter emissions. For other energy
recovery units, you may elect to use PM CPMS operated in accordance
with this section. PM CPMS are suitable in lieu of using other CMS for
monitoring PM compliance (e.g., bag leak detectors, ESP secondary
power, PM scrubber pressure):
(1) Install, calibrate, operate, and maintain your PM CPMS
according to the procedures in your approved site-specific monitoring
plan developed in accordance with Sec. 60.2145(l) and (r)(1)(i)
through (iii) of this section:
(i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta
attenuation, or mass accumulation detection of PM in the exhaust gas or
representative sample. The reportable measurement output from the PM
CPMS must be expressed as milliamps or a digital signal equivalent;
(ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes; and
(iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentration increments no greater than 0.5 mg/
actual cubic meter.
(2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec. 60.2110.
(3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps or the digital signal equivalent.
(4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps or digital bits).
(5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (r)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
(6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
(i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
(ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-

[[Page 40987]]

of-control periods are not used in calculations (report emissions or
operating levels and report any such periods in your annual deviation
report); and
(iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
(7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
(8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
(i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
(ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value;
(iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify the operation of the emissions control device(s). Within 45
days of the deviation, you must re-establish the CPMS operating limit.
You are not required to conduct additional testing for any deviations
that occur between the time of the original deviation and the PM
emissions compliance test required under this paragraph; and
(iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
(s) If you use a dry scrubber to comply with the emission limits of
this subpart, you must monitor the injection rate of each sorbent and
maintain the 3-hour block averages at or above the operating limits
established during the hydrogen chloride performance test.

Sec. 60.2170 Is there a minimum amount of monitoring data I must
obtain?

For each continuous monitoring system required or optionally
allowed under Sec. 60.2165, you must collect data according to this
section:
(a) You must operate the monitoring system and collect data at all
required intervals at all times compliance is required except for
periods of monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in 60.2210(o)), and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments).
A monitoring system malfunction is any sudden, infrequent, not
reasonably preventable failure of the monitoring system to provide
valid data. Monitoring system failures that are caused in part by poor
maintenance or careless operation are not malfunctions. You are
required to effect monitoring system repairs in response to monitoring
system malfunctions or out-of-control periods and to return the
monitoring system to operation as expeditiously as practicable;
(b) You may not use data recorded during monitoring system
malfunctions or out-of-control periods, repairs associated with
monitoring system malfunctions or out-of-control periods, or required
monitoring system quality assurance or control activities in
calculations used to report emissions or operating levels. You must use
all the data collected during all other periods, including data
normalized for above scale readings, in assessing the operation of the
control device and associated control system; and
(c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions
or out-of-control periods, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments, failure to
collect required data is a deviation of the monitoring requirements.

Recordkeeping and Reporting

Sec. 60.2175 What records must I keep?

You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (x) of this section for a period
of at least 5 years:
(a) Calendar date of each record; and
(b) Records of the data described in paragraphs (b)(1) through (6)
of this section:
(1) The CISWI unit charge dates, times, weights, and hourly charge
rates;
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable;
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable;
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable;
(5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec. 60.2110(d) through (g) or
Sec. 60.2115, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits. For
energy recovery units using activated carbon injection or a dry
scrubber, you must also maintain records of the load fraction and
corresponding sorbent injection rate records;
(6) If a fabric filter is used to comply with the emission
limitations, you must record the date, time, and duration of each alarm
and the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
You must also record the percent of operating time during each 6-month
period that the alarm sounds, calculated as specified in Sec.
60.2110(c);
(c)-(d) [Reserved]
(e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 2 of this subpart or a
deviation from other operating limits established under Sec.
60.2110(d) through (g) or Sec. 60.2115 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken;
(f) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations;
(g) All documentation produced as a result of the siting
requirements of Sec. Sec. 60.2045 and 60.2050;
(h) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2095(a) as required by
Sec. 60.2095(b), including the date of the initial review and all
subsequent annual reviews;
(i) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2070, met
the criteria for qualification under Sec. 60.2080, and maintained or
renewed their qualification under Sec. 60.2085 or Sec. 60.2090.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications;
(j) For each qualified operator, the phone and/or pager number at
which

[[Page 40988]]

they can be reached during operating hours;
(k) Records of calibration of any monitoring devices as required
under Sec. 60.2165;
(l) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment;
(m) The information listed in Sec. 60.2095(a);
(n) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required);
(o) Maintain records of the annual air pollution control device
inspections that are required for each CISWI unit subject to the
emissions limits in table 1 of this subpart or tables 5 through 8 of
this subpart, any required maintenance, and any repairs not completed
within 10 days of an inspection or the timeframe established by the
state regulatory agency;
(p) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems:
(1) All 6-minute average levels of opacity;
(2) All 1-hour average concentrations of sulfur dioxide emissions;
(3) All 1-hour average concentrations of nitrogen oxides emissions;
(4) All 1-hour average concentrations of carbon monoxide emissions.
You must indicate which data are CEMS data during startup and shutdown;
(5) All 1-hour average concentrations of particulate matter
emissions;
(6) All 1-hour average concentrations of mercury emissions;
(7) All 1-hour average concentrations of hydrogen chloride
emissions;
(8) All 1-hour average percent oxygen concentrations; and
(9) All 1-hour average PM CPMS readings or particulate matter CEMS
outputs;
(q) Records indicating use of the bypass stack, including dates,
times, and durations.
(r) If you choose to stack test less frequently than annually,
consistent with Sec. 60.2155(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
(s) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
(t) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
(u) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
(v) For operating units that combust non-hazardous secondary
materials that have been determined not to be solid waste pursuant to
Sec. 241.3(b)(1) of this chapter, you must keep a record which
documents how the secondary material meets each of the legitimacy
criteria under Sec. 241.3(d)(1). If you combust a fuel that has been
processed from a discarded non-hazardous secondary material pursuant to
Sec. 241.3(b)(4) of this chapter, you must keep records as to how the
operations that produced the fuel satisfies the definition of
processing in Sec. 241.2 and each of the legitimacy criteria of Sec.
241.3(d)(1) of this chapter. If the fuel received a non-waste
determination pursuant to the petition process submitted under Sec.
241.3(c) of this chapter, you must keep a record that documents how the
fuel satisfies the requirements of the petition process. For operating
units that combust non-hazardous secondary materials as fuel per Sec.
241.4, you must keep records documenting that the material is a listed
non-waste under Sec. 241.4(a).
(w) Records of the criteria used to establish that the unit
qualifies as a small power production facility under section 3(17)(C)
of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste
material the unit is proposed to burn is homogeneous.
(x) Records of the criteria used to establish that the unit
qualifies as a cogeneration facility under section 3(18)(B) of the
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material
the unit is proposed to burn is homogeneous.

Sec. 60.2180 Where and in what format must I keep my records?

All records must be available onsite in either paper copy or
computer-readable format that can be printed upon request, unless an
alternative format is approved by the Administrator.

Sec. 60.2185 What reports must I submit?

See table 4 of this subpart for a summary of the reporting
requirements.

Sec. 60.2190 What must I submit prior to commencing construction?

You must submit a notification prior to commencing construction
that includes the five items listed in paragraphs (a) through (e) of
this section:
(a) A statement of intent to construct;
(b) The anticipated date of commencement of construction;
(c) All documentation produced as a result of the siting
requirements of Sec. 60.2050;
(d) The waste management plan as specified in Sec. Sec. 60.2055
through 60.2065; and
(e) Anticipated date of initial startup.

Sec. 60.2195 What information must I submit prior to initial startup?

You must submit the information specified in paragraphs (a) through
(e) of this section prior to initial startup:
(a) The type(s) of waste to be burned;
(b) The maximum design waste burning capacity;
(c) The anticipated maximum charge rate;
(d) If applicable, the petition for site-specific operating limits
under Sec. 60.2115; and
(e) The anticipated date of initial startup.

Sec. 60.2200 What information must I submit following my initial
performance test?

You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager:
(a) The complete test report for the initial performance test
results obtained under Sec. 60.2135, as applicable;
(b) The values for the site-specific operating limits established
in Sec. 60.2110 or Sec. 60.2115; and
(c) If you are using a fabric filter to comply with the emission
limitations, documentation that a bag leak detection system has been
installed and is being operated, calibrated, and maintained as required
by Sec. 60.2165(b).

Sec. 60.2205 When must I submit my annual report?

You must submit an annual report no later than 12 months following
the submission of the information in Sec. 60.2200. You must submit
subsequent reports no more than 12 months following the previous
report. (If the unit is subject to permitting requirements under title
V of the Clean Air Act, you may be required by the permit to submit
these reports more frequently.)

[[Page 40989]]

Sec. 60.2210 What information must I include in my annual report?

The annual report required under Sec. 60.2205 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec. 60.2215,
60.2220, and 60.2225:
(a) Company name and address;
(b) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report;
(c) Date of report and beginning and ending dates of the reporting
period;
(d) The values for the operating limits established pursuant to
Sec. 60.2110 or Sec. 60.2115;
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period;
(f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for
the calendar year being reported;
(g) Information recorded under Sec. 60.2175(b)(6) and (c) through
(e) for the calendar year being reported;
(h) For each performance test conducted during the reporting
period, if any performance test is conducted, the process unit(s)
tested, the pollutant(s) tested and the date that such performance test
was conducted. Submit, following the procedure specified in Sec.
60.2235(b)(1), the performance test report no later than the date that
you submit the annual report;
(i) If you met the requirements of Sec. 60.2155(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec. 60.2155(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period;
(j) Documentation of periods when all qualified CISWI unit
operators were unavailable for more than 8 hours, but less than 2
weeks;
(k) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec. 60.11(d), including actions taken to correct a malfunction;
(l) For each deviation from an emission or operating limitation
that occurs for a CISWI unit for which you are not using a continuous
monitoring system to comply with the emission or operating limitations
in this subpart, the annual report must contain the following
information:
(1) The total operating time of the CISWI unit at which the
deviation occurred during the reporting period; and
(2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(m) If there were periods during which the continuous monitoring
system, including the CEMS, was out of control as specified in
paragraph (o) of this section, the annual report must contain the
following information for each deviation from an emission or operating
limitation occurring for a CISWI unit for which you are using a
continuous monitoring system to comply with the emission and operating
limitations in this subpart:
(1) The date and time that each malfunction started and stopped;
(2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks;
(3) The date, time, and duration that each continuous monitoring
system was out-of-control, including start and end dates and hours and
descriptions of corrective actions taken;
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period;
(5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period;
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes;
(7) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the CISWI unit at which the continuous monitoring
system downtime occurred during that reporting period;
(8) An identification of each parameter and pollutant that was
monitored at the CISWI unit;
(9) A brief description of the CISWI unit;
(10) A brief description of the continuous monitoring system;
(11) The date of the latest continuous monitoring system
certification or audit; and
(12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
(n) If there were periods during which the continuous monitoring
system, including the CEMS, was not out of control as specified in
paragraph (o) of this section, a statement that there were not periods
during which the continuous monitoring system was out of control during
the reporting period.
(o) A continuous monitoring system is out of control in accordance
with the procedure in 40 CFR part 60, appendix F of this part, as if
any of the following occur:
(1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard;
(2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit; and
(3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.

Sec. 60.2215 What else must I report if I have a deviation from the
operating limits or the emission limitations?

(a) You must submit a deviation report if any recorded 3-hour
average parameter level is above the maximum operating limit or below
the minimum operating limit established under this subpart, if the bag
leak detection system alarm sounds for more than 5 percent of the
operating time for the 6-month reporting period, or if a performance
test was conducted that deviated from any emission limitation.
(b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).

Sec. 60.2220 What must I include in the deviation report?

In each report required under Sec. 60.2215, for any pollutant or
parameter that deviated from the

[[Page 40990]]

emission limitations or operating limits specified in this subpart,
include the six items described in paragraphs (a) through (f) of this
section:
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements;
(b) The averaged and recorded data for those dates;
(c) Durations and causes of the following:
(1) Each deviation from emission limitations or operating limits
and your corrective actions;
(2) Bypass events and your corrective actions; and
(d) A copy of the operating limit monitoring data during each
deviation and for any test report that documents the emission levels
the process unit(s) tested, the pollutant(s) tested and the date that
the performance test was conducted. Submit, following the procedure
specified in Sec. 60.2235(b)(1), the performance test report no later
than the date that you submit the deviation report.

Sec. 60.2225 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

(a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section:
(1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section:
(i) A statement of what caused the deviation;
(ii) A description of what you are doing to ensure that a qualified
operator is accessible; and
(iii) The date when you anticipate that a qualified operator will
be available.
(2) Submit a status report to the Administrator every 4 weeks that
includes the three items in paragraphs (a)(2)(i) through (iii) of this
section:
(i) A description of what you are doing to ensure that a qualified
operator is accessible;
(ii) The date when you anticipate that a qualified operator will be
accessible; and
(iii) Request approval from the Administrator to continue operation
of the CISWI unit.
(b) If your unit was shut down by the Administrator, under the
provisions of Sec. 60.2100(b)(2), due to a failure to provide an
accessible qualified operator, you must notify the Administrator that
you are resuming operation once a qualified operator is accessible.

Sec. 60.2230 Are there any other notifications or reports that I must
submit?

(a) Yes. You must submit notifications as provided by Sec. 60.7.
(b) If you cease combusting solid waste but continue to operate,
you must provide 30 days prior notice of the effective date of the
waste-to-fuel switch, consistent with 60.2145(a). The notification must
identify:
(1) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
(2) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
(3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI
unit is currently combusting and has combusted over the past 6 months,
and the fuel(s) or non-waste materials the unit will commence
combusting;
(4) The date on which you became subject to the currently
applicable emission limits; and
(5) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (b)(2) and (3) of this section.

Sec. 60.2235 In what form can I submit my reports?

(a) Submit initial, annual and deviation reports electronically on
or before the submittal due dates. Submit the reports to the EPA via
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this
subpart or an alternate electronic file format consistent with the
extensible markup language (XML) schema listed on the CEDRI Web site
(https://www3.epa.gov/ttn/chief/cedri/). If the reporting
form specific to this subpart is not available in CEDRI at the time
that the report is due, submit the report to the Administrator at the
appropriate address listed in Sec. 60.4. Once the form has been
available in CEDRI for 90 calendar days, you must begin submitting all
subsequent reports via CEDRI. The reports must be submitted by the
deadlines specified in this subpart, regardless of the method in which
the report is submitted.
(b) Submit results of each performance test and CEMS performance
evaluation required by this subpart as follows:
(1) Within 60 days after the date of completing each performance
test (see Sec. 60.8) required by this subpart, you must submit the
results of the performance test following the procedure specified in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
(i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the CEDRI. (CEDRI can be accessed through the EPA's 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 XML schema listed on the
EPA's ERT Web site. If you claim that some of the performance test
information being submitted 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 disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described earlier in
this paragraph; and
(ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec. 60.4.
(2) Within 60 days after the date of completing each continuous
emissions monitoring system performance evaluation you must submit the
results of the performance evaluation following the procedure specified
in either paragraph (b)(2)(i) or (b)(2)(ii) of this section:
(i) For performance evaluations of continuous monitoring systems
measuring relative accuracy test audit (RATA) pollutants that are
supported by the EPA's ERT as listed on the EPA's ERT Web site at the
time of the evaluation, you must submit the results of the performance
evaluation to the EPA via the CEDRI. (CEDRI can be

[[Page 40991]]

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 submitted 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 disc, 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 the EPA's CDX as described earlier in
this paragraph; and
(ii) For any performance evaluations of continuous monitoring
systems measuring RATA pollutants that are not supported by the EPA's
ERT as listed on the EPA's ERT Web site at the time of the evaluation,
you must submit the results of the performance evaluation to the
Administrator at the appropriate address listed in Sec. 60.4.

Sec. 60.2240 Can reporting dates be changed?

If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec. 60.19(c) for procedures to seek
approval to change your reporting date.

Title V Operating Permits

Sec. 60.2242 Am I required to apply for and obtain a Title V
operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator subject to
standards under this subpart must operate pursuant to a permit issued
under Section 129(e) and Title V of the Clean Air Act.

Air Curtain Incinerators

Sec. 60.2245 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open chamber or open pit in which combustion
occurs. Incinerators of this type can be constructed above or below
ground and with or without refractory walls and floor. (Air curtain
incinerators are not to be confused with conventional combustion
devices with enclosed fireboxes and controlled air technology such as
mass burn, modular, and fluidized bed combustors.)
(b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (3) of this section are only required to meet
the requirements under Sec. 60.2242 and under ``Air Curtain
Incinerators'' (Sec. Sec. 60.2245 through 60.2260):
(1) 100 percent wood waste;
(2) 100 percent clean lumber; and
(3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Sec. 60.2250 What are the emission limitations for air curtain
incinerators?

Within 60 days after your air curtain incinerator reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup, you must meet the two limitations specified in
paragraphs (a) and (b) of this section:
(a) Maintain opacity to less than or equal to 10 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values), except as described in paragraph (b)
of this section; and
(b) Maintain opacity to less than or equal to 35 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values) during the startup period that is
within the first 30 minutes of operation.

Sec. 60.2255 How must I monitor opacity for air curtain incinerators?

(a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8.
(c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.

Sec. 60.2260 What are the recordkeeping and reporting requirements
for air curtain incinerators?

(a) Prior to commencing construction on your air curtain
incinerator, submit the three items described in paragraphs (a)(1)
through (3) of this section:
(1) Notification of your intent to construct the air curtain
incinerators;
(2) Your planned initial startup date; and
(3) Types of materials you plan to burn in your air curtain
incinerator.
(b) Keep records of results of all initial and annual opacity tests
onsite in either paper copy or electronic format, unless the
Administrator approves another format, for at least 5 years.
(c) Make all records available for submittal to the Administrator
or for an inspector's onsite review.
(d) You must submit the results (as determined by the average of
three 1-hour blocks consisting of ten 6-minute average opacity values)
of the initial opacity tests no later than 60 days following the
initial test. Submit annual opacity test results within 12 months
following the previous report.
(e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date.
(f) Keep a copy of the initial and annual reports onsite for a
period of 5 years.

Definitions

Sec. 60.2265 What definitions must I know?

Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
30-day rolling average means the arithmetic mean of the previous
720 hours of valid operating data. Valid data excludes periods when
this unit is not operating. The 720 hours should be consecutive, but
not necessarily continuous if operations are intermittent.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or Administrator
of a State Air Pollution Control Agency.
Air curtain incinerator means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of this type can be constructed
above or below ground and with or without refractory walls and floor.
(Air curtain incinerators are not to be confused with conventional
combustion devices with enclosed fireboxes and controlled air
technology such as mass burn, modular, and fluidized bed combustors.)
Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Average annual heat input rate means annual heat input divided by
the hours of operation for the 12 months preceding the compliance
demonstration.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light

[[Page 40992]]

scattering, light transmittance, or other principle to monitor relative
particulate matter loadings.
Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit. A burn-off oven is not an incinerator,
waste-burning kiln, an energy recovery unit or a small, remote
incinerator under this subpart.
Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
CEMS data during startup and shutdown means the following:
(1) For incinerators and small remote incinerators: CEMS data
collected during the first hours of a CISWI unit startup from a cold
start until waste is fed to the unit and the hours of operation
following the cessation of waste material being fed to the CISWI unit
during a unit shutdown. For each startup event, the length of time that
CEMS data may be claimed as being CEMS data during startup must be 48
operating hours or less. For each shutdown event, the length of time
that CEMS data may be claimed as being CEMS data during shutdown must
be 24 operating hours or less;
(2) For energy recovery units: CEMS data collected during the
startup or shutdown periods of operation. Startup begins with either
the first-ever firing of fuel in a boiler or process heater for the
purpose of supplying useful thermal energy (such as steam or heat) for
heating, cooling or process purposes, or producing electricity, or the
firing of fuel in a boiler or process heater for any purpose after a
shutdown event. Startup ends four hours after when the boiler or
process heater makes useful thermal energy (such as heat or steam) for
heating, cooling, or process purposes, or generates electricity,
whichever is earlier. Shutdown begins when the boiler or process heater
no longer makes useful thermal energy (such as heat or steam) for
heating, cooling, or process purposes and/or generates electricity or
when no fuel is being fed to the boiler or process heater, whichever is
earlier. Shutdown ends when the boiler or process heater no longer
makes useful thermal energy (such as steam or heat) for heating,
cooling, or process purposes and/or generates electricity, and no fuel
is being combusted in the boiler or process heater; and
(3) For waste-burning kilns: CEMS data collected during the periods
of kiln operation that do not include normal operations. Startup means
the time from when a shutdown kiln first begins firing fuel until it
begins producing clinker. Startup begins when a shutdown kiln turns on
the induced draft fan and begins firing fuel in the main burner.
Startup ends when feed is being continuously introduced into the kiln
for at least 120 minutes or when the feed rate exceeds 60 percent of
the kiln design limitation rate, whichever occurs first. Shutdown means
the cessation of kiln operation. Shutdown begins when feed to the kiln
is halted and ends when continuous kiln rotation ceases.
Chemical recovery unit means combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. A chemical recovery unit is not an
incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart. The following seven types of
units are considered chemical recovery units:
(1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process;
(2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid;
(3) Units burning only wood or coal feedstock for the production of
charcoal;
(4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals that are reclaimed and reused as catalysts
or used to produce commercial grade catalysts;
(5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds;
(6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes; and
(7) Units burning only photographic film to recover silver.
Chemotherapeutic waste means waste material resulting from the
production or use of antineoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote.
Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec. 241.2 that have been discarded, and you do not keep and
produce records as required by Sec. 60.2175(v), the operating unit is
a CISWI unit. While not all CISWI units will include all of the
following components, a CISWI unit includes, but is not limited to, the
solid waste feed system, grate system, flue gas system, waste heat
recovery equipment, if any, and bottom ash system. The CISWI unit does
not include air pollution control equipment or the stack. The CISWI
unit boundary starts at the solid waste hopper (if applicable) and
extends through two areas: The combustion unit flue gas system, which
ends immediately after the last combustion chamber or after the waste
heat recovery equipment, if any; and the combustion unit bottom ash
system, which ends at the truck loading station or similar equipment
that transfers the ash to final disposal. The CISWI unit includes all
ash handling systems connected to the bottom ash handling system.
Contained gaseous material means gases that are in a container when
that container is combusted.
Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze, and provide a record of emissions.
Continuous monitoring system (CMS) means the total equipment,
required under the emission monitoring sections in applicable subparts,
used to sample and condition (if applicable), to analyze, and to
provide a permanent record of emissions or process parameters. A
particulate matter continuous parameter monitoring system (PM CPMS) is
a type of CMS.
Cyclonic burn barrel means a combustion device for waste materials
that is attached to a 55 gallon, open-head drum. The device consists of
a lid, which fits onto and encloses the drum, and a blower that forces
combustion air into the drum in a cyclonic manner to enhance the mixing
of waste material and air. A cyclonic burn barrel is not an
incinerator, a waste-burning kiln, an

[[Page 40993]]

energy recovery unit or a small, remote incinerator under this subpart.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements; and
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
Discard means, for purposes of this subpart and 40 CFR part 60,
subpart DDDD, only, burned in an incineration unit without energy
recovery.
Drum reclamation unit means a unit that burns residues out of drums
(e.g., 55 gallon drums) so that the drums can be reused.
Dry scrubber means an add-on air pollution control system that
injects dry alkaline sorbent (dry injection) or sprays an alkaline
sorbent (spray dryer) to react with and neutralize acid gas in the
exhaust stream forming a dry powder material. Sorbent injection systems
in fluidized bed boilers and process heaters are included in this
definition. A dry scrubber is a dry control system.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator in 40 CFR part 241) for
energy recovery. Energy recovery units include units that would be
considered boilers and process heaters if they did not combust solid
waste.
Energy recovery unit designed to burn biomass (Biomass) means an
energy recovery unit that burns solid waste, biomass, and non-coal
solid materials but less than 10 percent coal, on a heat input basis on
an annual average, either alone or in combination with liquid waste,
liquid fuel or gaseous fuels.
Energy recovery unit designed to burn coal (Coal) means an energy
recovery unit that burns solid waste and at least 10 percent coal on a
heat input basis on an annual average, either alone or in combination
with liquid waste, liquid fuel or gaseous fuels.
Energy recovery unit designed to burn liquid waste materials and
gas (Liquid/gas) means an energy recovery unit that burns a liquid
waste with liquid or gaseous fuels not combined with any solid fuel or
waste materials.
Energy recovery unit designed to burn solid materials (Solids)
includes energy recovery units designed to burn coal and energy
recovery units designed to burn biomass.
Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
Foundry sand thermal reclamation unit means a type of part
reclamation unit that removes coatings that are on foundry sand. A
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
Incinerator means any furnace used in the process of combusting
solid waste (as that term is defined by the Administrator in 40 CFR
part 241) for the purpose of reducing the volume of the waste by
removing combustible matter. Incinerator designs include single chamber
and two-chamber.
In-line coal mill means those coal mills using kiln exhaust gases
in their process. Coal mills with a heat source other than the kiln or
coal mills using exhaust gases from the clinker cooler alone are not an
in-line coal mill.
In-line kiln/raw mill means a system in a Portland Cement
production process where a dry kiln system is integrated with the raw
mill so that all or a portion of the kiln exhaust gases are used to
perform the drying operation of the raw mill, with no auxiliary heat
source used. In this system the kiln is capable of operating without
the raw mill operating, but the raw mill cannot operate without the
kiln gases, and consequently, the raw mill does not generate a separate
exhaust gas stream.
Kiln means an oven or furnace, including any associated preheater
or precalciner devices, in-line raw mills, in-line coal mills or alkali
bypasses used for processing a substance by burning, firing or drying.
Kilns include cement kilns that produce clinker by heating limestone
and other materials for subsequent production of Portland Cement.
Because the alkali bypass, in-line raw mill and in-line coal mill are
considered an integral part of the kiln, the kiln emissions limits also
apply to the exhaust of the alkali bypass, in-line raw mill and in-line
coal mill.
Laboratory analysis unit means units that burn samples of materials
for the purpose of chemical or physical analysis. A laboratory analysis
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
Load fraction means the actual heat input of an energy recovery
unit divided by heat input during the performance test that established
the minimum sorbent injection rate or minimum activated carbon
injection rate, expressed as a fraction (e.g., for 50 percent load the
load fraction is 0.5).
Low-level radioactive waste means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable federal or
state standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
during the most recent particulate matter or mercury performance test
demonstrating compliance with the applicable emission limits.
Modification or modified CISWI unit means a CISWI unit that has
been changed later than August 7, 2013 and that meets one of two
criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit; and
(2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which section 129 or section 111 of the Clean Air Act has
established standards.
Municipal solid waste or municipal-type solid waste means
household, commercial/retail, or institutional waste. Household waste
includes material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing. Commercial/retail
waste includes material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at

[[Page 40994]]

industrial facilities, and other similar establishments or facilities.
Institutional waste includes materials discarded by schools, by
hospitals (nonmedical), by nonmanufacturing activities at prisons and
government facilities, and other similar establishments or facilities.
Household, commercial/retail, and institutional waste does include yard
waste and refuse-derived fuel. Household, commercial/retail, and
institutional waste does not include used oil; sewage sludge; wood
pallets; construction, renovation, and demolition wastes (which include
railroad ties and telephone poles); clean wood; industrial process or
manufacturing wastes; medical waste; or motor vehicles (including motor
vehicle parts or vehicle fluff).
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
Operating day means a 24-hour period between 12 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI unit.
Oxygen analyzer system means all equipment required to determine
the oxygen content of a gas stream and used to monitor oxygen in the
boiler or process heater flue gas, boiler or process heater, firebox,
or other appropriate location. This definition includes oxygen trim
systems and certified oxygen CEMS. The source owner or operator is
responsible to install, calibrate, maintain, and operate the oxygen
analyzer system in accordance with the manufacturer's recommendations.
Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device over
its operating range. A typical system consists of a flue gas oxygen
and/or carbon monoxide monitor that automatically provides a feedback
signal to the combustion air controller or draft controller.
Part reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
Particulate matter means total particulate matter emitted from
CISWI units as measured by Method 5 or Method 29 of appendix A of this
part.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
Process change means any of the following physical or operational
changes:
(1) A physical change (maintenance activities excluded) to the
CISWI unit which may increase the emission rate of any air pollutant to
which a standard applies;
(2) An operational change to the CISWI unit where a new type of
non-hazardous secondary material is being combusted;
(3) A physical change (maintenance activities excluded) to the air
pollution control devices used to comply with the emission limits for
the CISWI unit (e.g., replacing an electrostatic precipitator with a
fabric filter); and
(4) An operational change to the air pollution control devices used
to comply with the emission limits for the affected CISWI unit (e.g.,
change in the sorbent injection rate used for activated carbon
injection).
Rack reclamation unit means a unit that burns the coatings off
racks used to hold small items for application of a coating. The unit
burns the coating overspray off the rack so the rack can be reused.
Raw mill means a ball or tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
Reconstruction means rebuilding a CISWI unit and meeting two
criteria:
(1) The reconstruction begins on or after August 7, 2013; and
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the CISWI unit (not including land) updated to current
costs (current dollars). To determine what systems are within the
boundary of the CISWI unit used to calculate these costs, see the
definition of CISWI unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel; and
(2) Pelletized refuse-derived fuel.
Responsible official means one of the following:
(1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
(ii) The delegation of authority to such representatives is
approved in advance by the permitting authority;
(2) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively;
(3) For a municipality, state, federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
(4) For affected facilities:
(i) The designated representative in so far as actions, standards,
requirements, or prohibitions under Title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
(ii) The designated representative for any other purposes under
part 60.
Shutdown means, for incinerators and small, remote incinerators,
the period of time after all waste has been combusted in the primary
chamber.
Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator in 40 CFR part 241)
and combusts 3 tons per day or less solid waste and is more than 25
miles driving distance to the nearest municipal solid waste landfill.
Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil
treatment unit may be direct-fired or indirect fired. A soil treatment
unit is not an

[[Page 40995]]

incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
Solid waste means the term solid waste as defined in 40 CFR 241.2.
Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste (as that term is defined by
the Administrator in 40 CFR part 241) material from commercial or
industrial establishments or the general public (including single and
multiple residences, hotels and motels). Such term does not include
incinerators or other units required to have a permit under section
3005 of the Solid Waste Disposal Act. The term ``solid waste
incineration unit'' does not include:
(1) Materials recovery facilities (including primary or secondary
smelters) which combust waste for the primary purpose of recovering
metals;
(2) Qualifying small power production facilities, as defined in
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as defined in section 3(18)(B) of
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous
waste (such as units which burn tires or used oil, but not including
refuse-derived fuel) for the production of electric energy or in the
case of qualifying cogeneration facilities which burn homogeneous waste
for the production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial, commercial,
heating or cooling purposes; or
(3) Air curtain incinerators provided that such incinerators only
burn wood wastes, yard wastes, and clean lumber and that such air
curtain incinerators comply with opacity limitations to be established
by the Administrator by rule.
Space heater means a unit that meets the requirements of 40 CFR
279.23. A space heater is not an incinerator, a waste-burning kiln, an
energy recovery unit or a small, remote incinerator under this subpart.
Standard conditions, when referring to units of measure, means a
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1
atmosphere (101.3 kilopascals).
Startup period means, for incinerators and small, remote
incinerators, the period of time between the activation of the system
and the first charge to the unit.
Useful thermal energy means energy (i.e., steam, hot water, or
process heat) that meets the minimum operating temperature and/or
pressure required by any energy use system that uses energy provided by
the affected energy recovery unit.
Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator in 40 CFR part 241). Secondary materials used in Portland
cement kilns shall not be deemed to be combusted unless they are
introduced into the flame zone in the hot end of the kiln or mixed with
the precalciner fuel.
Wet scrubber means an add-on air pollution control device that uses
an aqueous or alkaline scrubbing liquor to collect particulate matter
(including nonvaporous metals and condensed organics) and/or to absorb
and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands;
(2) Construction, renovation, or demolition wastes; and
(3) Clean lumber.

Table 1 to Subpart CCCC of Part 60--Emission Limitations for Incinerators for Which Construction Is Commenced
After November 30, 1999, But No Later Than June 4, 2010, or for Which Modification or Reconstruction Is
Commenced on or After June 1, 2001, But No Later Than August 7, 2013
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ method
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.004 milligrams per 3-run average (1 hour Performance test (Method
dry standard cubic minimum sample time per 29 of appendix A of this
meter. run). part).
Carbon monoxide................... 157 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time per 10 at 40 CFR part 60,
run). appendix A-4).
Dioxin/Furan (toxic equivalency 0.41 nanograms per 3-run average (collect a Performance test (Method
basis). dry standard cubic minimum volume of 4 dry 23 of appendix A-7 of
meter. standard cubic meters per this part).
run).
Hydrogen chloride................. 62 parts per million 3-run average (For Method Performance test (Method
by dry volume. 26, collect a minimum 26 or 26A at 40 CFR part
volume of 120 liters per 60, appendix A-8).
run. For Method 26A,
collect a minimum volume
of 1 dry standard cubic
meter per run).
Lead.............................. 0.04 milligrams per 3-run average (1 hour Performance test (Method
dry standard cubic minimum sample time per 29 of appendix A of this
meter. run). part).
Mercury........................... 0.47 milligrams per 3-run average (1 hour Performance test (Method
dry standard cubic minimum sample time per 29 of appendix A of this
meter. run). part).
Nitrogen Oxides................... 388 parts per million 3-run average (for Method Performance test (Method
by dry volume. 7E, 1 hour minimum sample 7 or 7E at 40 CFR part
time per run). 60, appendix A-4).
Opacity........................... 10 percent........... 6-minute averages......... Performance test (Method
9 of appendix A of this
part).
Oxides of nitrogen................ 388 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time per 7, 7A, 7C, 7D, or 7E of
run). appendix A of this
part).
Particulate matter................ 70 milligrams per dry 3-run average (1 hour Performance test (Method
standard cubic meter. minimum sample time per 5 or 29 of appendix A of
run). this part).

[[Page 40996]]

Sulfur Dioxide.................... 20 parts per million 3-run average (For Method Performance test (Method
by dry volume. 6, collect a minimum 6 or 6C at 40 CFR part
volume of 20 liters per 60, appendix A-4).
run. For Method 6C,
collect sample for a
minimum duration of 1
hour per run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.

Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish And monitoring using these minimum frequencies
For these operating parameters these operating -----------------------------------------------------------
limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate..................... Maximum charge Continuous........ Every hour........ Daily (batch
rate. units) 3-hour
rolling
(continuous and
intermittent
units).\1\
Pressure drop across the wet Minimum pressure Continuous........ Every 15 minutes.. 3-hour rolling.\1\
scrubber or amperage to wet drop or amperage.
scrubber.
Scrubber liquor flow rate....... Minimum flow rate. Continuous........ Every 15 minutes.. 3-hour rolling.\1\
Scrubber liquor pH.............. Minimum pH........ Continuous........ Every 15 minutes.. 3-hour rolling.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Calculated each hour as the average of the previous 3 operating hours.

Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic equivalency
Dioxin/furan congener factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin........... 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin......... 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin........ 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin........ 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin........ 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin..... 0.01
Octachlorinated dibenzo-p-dioxin.................... 0.001
2,3,7,8-tetrachlorinated dibenzofuran............... 0.1
2,3,4,7,8-pentachlorinated dibenzofuran............. 0.5
1,2,3,7,8-pentachlorinated dibenzofuran............. 0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran............ 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran............ 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran............ 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran............ 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran......... 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran......... 0.01
Octachlorinated dibenzofuran........................ 0.001
------------------------------------------------------------------------

Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements \1\
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report............... Prior to commencing Statement of intent to Sec. 60.2190.
construction. construct.
Anticipated date of
commencement of
construction.
Documentation for
siting requirements.
Waste management plan..
Anticipated date of
initial startup.
Startup notification................. Prior to initial Type of waste Sec. 60.2195.
startup. to be burned.
Maximum design
waste burning capacity.
Anticipated
maximum charge rate.
If applicable,
the petition for site-
specific operating
limits.

[[Page 40997]]

Initial test report.................. No later than 60 days Complete test Sec. 60.2200.
following the initial report for the initial
performance test. performance test.
The values for
the site-specific
operating limits.
Installation
of bag leak detection
system for fabric
filter.
Annual report........................ No later than 12 months Name and Sec. Sec. 60.2205
following the address. and 60.2210.
submission of the Statement and
initial test report. signature by
Subsequent reports are responsible official.
to be submitted no Date of
more than 12 months report..
following the previous Values for the
report. operating limits..
Highest
recorded 3-hour
average and the lowest
3-hour average, as
applicable, for each
operating parameter
recorded for the
calendar year being
reported.
For each
performance test
conducted during the
reporting period, if
any performance test
is conducted, the
process unit(s)
tested, the
pollutant(s) tested,
and the date that such
performance test was
conducted.
If a
performance test was
not conducted during
the reporting period,
a statement that the
requirements of Sec.
60.2155(a) were met.
Documentation
of periods when all
qualified CISWI unit
operators were
unavailable for more
than 8 hours but less
than 2 weeks.
If you are
conducting performance
tests once every 3
years consistent with
Sec. 60.2155(a), the
date of the last 2
performance tests, a
comparison of the
emission level you
achieved in the last 2
performance tests to
the 75 percent
emission limit
threshold required in
Sec. 60.2155(a) and
a statement as to
whether there have
been any operational
changes since the last
performance test that
could increase
emissions.
Emission limitation or operating By August 1 of that Dates and Sec. 60.2215 and
limit deviation report. year for data times of deviation. 60.2220.
collected during the Averaged and
first half of the recorded data for
calendar year. By those dates.
February 1 of the Duration and
following year for causes of each
data collected during deviation and the
the second half of the corrective actions
calendar year. taken.
Copy of
operating limit
monitoring data and,
if any performance
test was conducted
that documents
emission levels, the
process unit(s)
tested, the
pollutant(s) tested,
and the date that such
performance text was
conducted.
Dates, times
and causes for monitor
downtime incidents.
Qualified operator deviation Within 10 days of Statement of Sec. 60.2225(a)(1).
notification. deviation. cause of deviation.
Description of
efforts to have an
accessible qualified
operator.
The date a
qualified operator
will be accessible.
Qualified operator deviation status Every 4 weeks following Description of Sec. 60.2225(a)(2).
report. deviation. efforts to have an
accessible qualified
operator.
The date a
qualified operator
will be accessible.
Request for
approval to continue
operation.
Qualified operator deviation Prior to resuming Notification Sec. 60.2225(b).
notification of resumed operation. operation. that you are resuming
operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

[[Page 40998]]

Table 5 to Subpart CCCC of Part 60--Emission Limitations for Incinerators That Commenced Construction After June
4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ method
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.0023 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 4 dry 29 at 40 CFR part 60,
meter. standard cubic meter per appendix A-8 of this
run). part).
Use ICPMS for the
analytical finish.
Carbon monoxide................... 17 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time per 10 at 40 CFR part 60,
run). appendix A-4).
Dioxin/furan (Total Mass Basis)... 0.58 nanograms per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter \3\. standard cubic meters per appendix A-7).
run).
Dioxin/furan (toxic equivalency 0.13 nanograms per 3-run average (collect a Performance test (Method
basis). dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter. standard cubic meter per appendix A-7).
run).
Fugitive ash...................... Visible emissions for Three 1-hour observation Visible emission test
no more than 5 periods. (Method 22 at 40 CFR
percent of the part 60, appendix A-7).
hourly observation
period.
Hydrogen chloride................. 0.091 parts per 3-run average (For Method Performance test (Method
million by dry 26, collect a minimum 26 or 26A at 40 CFR part
volume. volume of 360 liters per 60, appendix A-8).
run. For Method 26A,
collect a minimum volume
of 3 dry standard cubic
meters per run).
Lead.............................. 0.015 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 4 dry 29 of appendix A-8 at 40
meter \3\. standard cubic meters per CFR part 60). Use ICPMS
run). for the analytical
finish.
Mercury........................... 0.00084 milligrams 3-run average (collect Performance test (Method
per dry standard enough volume to meet a 29 or 30B at 40 CFR part
cubic meter \3\. detection limit data 60, appendix A-8) or
quality objective of 0.03 ASTM D6784-02
ug/dry standard cubic (Reapproved 2008).\2\
meter).
Nitrogen Oxides................... 23 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E, 1 hour minimum sample 7 or 7E at 40 CFR part
time per run). 60, appendix A-4).
Particulate matter................ 18 milligrams per dry 3-run average (collect a Performance test (Method
(filterable)...................... standard cubic meter. minimum volume of 2 dry 5 or 29 at 40 CFR part
standard cubic meters per 60, appendix A-3 or
run). appendix A-8 at 40 CFR
part 60).
Sulfur dioxide.................... 11 parts per million 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 6 or 6C at 40 CFR part
run). 60, appendix A-4).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit.
\2\ Incorporated by reference, see Sec. 60.17.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 60.2155 if all of the other provisions of Sec. 60.2155 are met. For all other pollutants
that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.

Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy Recovery Units That Commenced Construction
After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
You must meet this emission
limitation \1\ Using this averaging And determining
For the air pollutant --------------------------------------- time compliance using
Liquid/gas Solids this method
----------------------------------------------------------------------------------------------------------------
Cadmium...................... 0.023 Biomass--0.0014 3-run average Performance test
milligrams per milligrams per dry (collect a minimum (Method 29 at 40
dry standard standard cubic volume of 4 dry CFR part 60,
cubic meter. meter.\3\ Coal-- standard cubic appendix A-8). Use
0.0017 milligrams meters per run). ICPMS for the
per dry standard analytical finish.
cubic meter.
Carbon monoxide.............. 35 parts per Biomass--240 parts 3-run average (1 Performance test
million dry per million dry hour minimum sample (Method 10 at 40
volume. volume. Coal--95 time per run). CFR part 60,
parts per million appendix A-4).
dry volume.
Dioxin/furans (Total Mass No Total Mass Biomass--0.52 3-run average Performance test
Basis). Basis limit, nanograms per dry (collect a minimum (Method 23 at 40
must meet the standard cubic volume of 4 dry CFR part 60,
toxic meter.\3\ Coal--5.1 standard cubic appendix A-7).
equivalency nanograms per dry meters).
basis limit standard cubic
below. meter \3\.
Dioxins/furans (toxic 0.093 nanograms Biomass--0.076 3-run average Performance test
equivalency basis). per dry nanograms per dry (collect a minimum (Method 23 of
standard cubic standard cubic volume of 4 dry appendix A-7 of
meter \3\. meter.\3\ Coal-- standard cubic this part).
0.075 nanograms per meters per run).
dry standard cubic
meter \3\.

[[Page 40999]]

Fugitive ash................. Visible Three 1-hour Visible emission Fugitive ash.
emissions for observation periods. test (Method 22 at
no more than 5 40 CFR part 60,
percent of the appendix A-7).
hourly
observation
period.
Hydrogen chloride............ 14 parts per Biomass--0.20 parts 3-run average (For Performance test
million dry per million dry Method 26, collect (Method 26 or 26A
volume. volume. Coal--58 a minimum volume of at 40 CFR part 60,
parts per million 360 liters per run. appendix A-8).
dry volume. For Method 26A,
collect a minimum
volume of 3 dry
standard cubic
meters per run).
Lead......................... 0.096 Biomass--0.014 3-run average Performance test
milligrams per milligrams per dry (collect a minimum (Method 29 at 40
dry standard standard cubic volume of 4 dry CFR part 60,
cubic meter. meter.\3\ Coal-- standard cubic appendix A-8). Use
0.057 milligrams meters per run). ICPMS for the
per dry standard analytical finish.
cubic meter.
Mercury...................... 0.00056 Biomass--0.0022 3-run average Performance test
milligrams per milligrams per dry (collect enough (Method 29 or 30B
dry standard standard cubic volume to meet an at 40 CFR part 60,
cubic meter meter. Coal--0.013 in-stack detection appendix A-8) or
\3\. milligrams per dry limit data quality ASTM D6784-02
standard cubic objective of 0.03 (Reapproved
meter. ug/dscm). 2008).\2\
Oxides of nitrogen........... 76 parts per Biomass--290 parts 3-run average (for Performance test
million dry per million dry Method 7E, 1 hour (Method 7 or 7E at
volume. volume. Coal--460 minimum sample time 40 CFR part 60,
parts per million per run). appendix A-4).
dry volume.
Particulate matter 110 milligrams Biomass--5.1 3-run average Performance test
(filterable). per dry milligrams per dry (collect a minimum (Method 5 or 29 at
standard cubic standard cubic volume of 1 dry 40 CFR part 60,
meter. meter. Coal--130 standard cubic appendix A-3 or
milligrams per dry meter per run). appendix A-8) if
standard cubic the unit has an
meter. annual average heat
input rate less
than 250 MMBtu/hr;
or PM CPMS (as
specified in Sec.
60.2145(x)) if the
unit has an annual
average heat input
rate equal to or
greater than 250
MMBtu/hr.
Sulfur dioxide............... 720 parts per Biomass--7.3 parts 3-run average (for Performance test
million dry per million dry Method 6, collect a (Method 6 or 6C at
volume. volume. Coal--850 minimum of 60 40 CFR part 60,
parts per million liters, for Method appendix A-4).
dry volume. 6C, 1 hour minimum
sample time per
run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\2\ Incorporated by reference, see Sec. 60.17.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 60.2155 if all of the other provisions of Sec. 60.2155 are met. For all other pollutants
that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.

Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-Burning Kilns That Commenced Construction
After June 4, 2010, or Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.0014 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 4 dry 29 at 40 CFR part 60,
meter \2\. standard cubic meters per appendix A-8). Use ICPMS
run). for the analytical
finish.
Carbon monoxide................... 90 (long kilns)/190 3-run average (1 hour Performance test (Method
(preheater/ minimum sample time per 10 at 40 CFR part 60,
precalciner) parts run). appendix A-4).
per million dry
volume.
Dioxins/furans (total mass basis). 0.51 nanograms per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter \2\. standard cubic meters per appendix A-7).
run).
Dioxins/furans (toxic equivalency 0.075 nanograms per 3-run average (collect a Performance test (Method
basis). dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter \2\. standard cubic meters). appendix A-7).

[[Page 41000]]

Hydrogen chloride................. 3.0 parts per million 3-run average (1 hour Performance test (Method
dry volume \2\. minimum sample time per 321 at 40 CFR part 63,
run) or 30-day rolling appendix A) or HCl CEMS
average if HCl CEMS are if a wet scrubber or dry
used. scrubber is not used, as
specified in Sec.
60.2145(j).
Lead.............................. 0.014 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 4 dry 29 at 40 CFR part 60,
meter \2\. standard cubic meters). appendix A-8). Use ICPMS
for the analytical
finish.
Mercury........................... 0.0037 milligrams per 30-day rolling average.... Mercury CEMS or sorbent
dry standard cubic trap monitoring system
meter. (performance
specification 12A or
12B, respectively, of
appendix B of this
part), as specified in
Sec. 60.2145(j).
Oxides of nitrogen................ 200 parts per million 30-day rolling average.... NOX CEMS (performance
dry volume. specification 2 of
appendix B and procedure
1 of appendix F of this
part).
Particulate matter (filterable)... 4.9 milligrams per 30-day rolling average.... PM CPMS (as specified in
dry standard cubic Sec. 60.2145(x)).
meter.
Sulfur dioxide.................... 28 parts per million 30-day rolling average.... Sulfur dioxide CEMS
dry volume. (performance
specification 2 of
appendix B and procedure
1 of appendix F of this
part).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and
shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis
limit or the toxic equivalency basis limit.
\2\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 60.2155 if all of the other provisions of Sec. 60.2155 are met. For all other pollutants
that do not contain a footnote ``2'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.
\3\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in Sec.
60.2145(y)(3). They are not subject to the CEMS, sorbent trap or CPMS requirements that otherwise may apply to
the main kiln exhaust.

Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, Remote Incinerators That Commenced
Construction After June 4, 2010, Or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ method
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.67 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 29 at 40 CFR part 60,
meter. standard cubic meters per appendix A-8).
run).
Carbon monoxide................... 13 parts per million 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 10 at 40 CFR part 60,
run). appendix A-4).
Dioxins/furans (total mass basis). 1,800 nanograms per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 23 at 40 CFR part 60,
meter.. standard cubic meters per appendix A-7).
run).
Dioxins/furans (toxic equivalency 31 nanograms per dry 3-run average (collect a Performance test (Method
basis). standard cubic meter. minimum volume of 1 dry 23 at 40 CFR part 60,
standard cubic meters). appendix A-7).
Fugitive ash...................... Visible emissions for Three 1-hour observation Visible emissions test
no more than 5 periods. (Method 22 at 40 CFR
percent of the part 60, appendix A-7).
hourly observation
period.
Hydrogen chloride................. 200 parts per million 3-run average (For Method Performance test (Method
by dry volume. 26, collect a minimum 26 or 26A at 40 CFR part
volume of 60 liters per 60, appendix A-8).
run. For Method 26A,
collect a minimum volume
of 1 dry standard cubic
meter per run).
Lead.............................. 2.0 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 29 at 40 CFR part 60,
meter. standard cubic meters). appendix A-8). Use ICPMS
for the analytical
finish.
Mercury........................... 0.0035 milligrams per 3-run average (For Method Performance test (Method
dry standard cubic 29 and ASTM D6784-02 29 or 30B at 40 CFR part
meter. (Reapproved 2008),\2\ 60, appendix A-8) or
collect a minimum volume ASTM D6784-02
of 2 dry standard cubic (Reapproved 2008).\2\
meters per run. For
Method 30B, collect a
minimum volume as
specified in Method 30B
at 40 CFR part 60,
appendix A).
Oxides of nitrogen................ 170 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E, 1 hour minimum sample 7 or 7E at 40 CFR part
time per run). 60, appendix A-4).
Particulate matter (filterable)... 270 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 5 or 29 at 40 CFR part
meter. standard cubic meters). 60, appendix A-3 or
appendix A-8).

[[Page 41001]]

Sulfur dioxide.................... 1.2 parts per million 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 6 or 6c at 40 CFR part
run). 60, appendix A-4).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\2\ Incorporated by reference, see Sec. 60.17.

0
3. Part 60 is amended by revising subpart DDDD to read as follows:

Subpart DDDD--Emissions Guidelines and Compliance Times for
Commercial and Industrial Solid Waste Incineration Units

Sec.

Introduction

60.2500 What is the purpose of this subpart?
60.2505 Am I affected by this subpart?
60.2510 Is a state plan required for all states?
60.2515 What must I include in my state plan?
60.2520 Is there an approval process for my state plan?
60.2525 What if my state plan is not approvable?
60.2530 Is there an approval process for a negative declaration
letter?
60.2535 What compliance schedule must I include in my state plan?
60.2540 Are there any State plan requirements for this subpart that
apply instead of the requirements specified in subpart B?
60.2541 In lieu of a state plan submittal, are there other
acceptable option(s) for a state to meet its Clean Air Act section
111(d)/129(b)(2) obligations?
60.2542 What authorities will not be delegated to state, local, or
tribal agencies?
60.2545 Does this subpart directly affect CISWI unit owners and
operators in my state?

Applicability of State Plans

60.2550 What CISWI units must I address in my state plan?
60.2555 What combustion units are exempt from my state plan?

Use of Model Rule

60.2560 What is the ``model rule'' in this subpart?
60.2565 How does the model rule relate to the required elements of
my state plan?
60.2570 What are the principal components of the model rule?

Model Rule--Increments of Progress

60.2575 What are my requirements for meeting increments of progress
and achieving final compliance?
60.2580 When must I complete each increment of progress?
60.2585 What must I include in the notifications of achievement of
increments of progress?
60.2590 When must I submit the notifications of achievement of
increments of progress?
60.2595 What if I do not meet an increment of progress?
60.2600 How do I comply with the increment of progress for submittal
of a control plan?
60.2605 How do I comply with the increment of progress for achieving
final compliance?
60.2610 What must I do if I close my CISWI unit and then restart it?
60.2615 What must I do if I plan to permanently close my CISWI unit
and not restart it?

Model Rule--Waste Management Plan

60.2620 What is a waste management plan?
60.2625 When must I submit my waste management plan?
60.2630 What should I include in my waste management plan?

Model Rule--Operator Training and Qualification

60.2635 What are the operator training and qualification
requirements?
60.2640 When must the operator training course be completed?
60.2645 How do I obtain my operator qualification?
60.2650 How do I maintain my operator qualification?
60.2655 How do I renew my lapsed operator qualification?
60.2660 What site-specific documentation is required?
60.2665 What if all the qualified operators are temporarily not
accessible?

Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?

Model Rule--Performance Testing

60.2690 How do I conduct the initial and annual performance test?
60.2695 How are the performance test data used?

Model Rule--Initial Compliance Requirements

60.2700 How do I demonstrate initial compliance with the amended
emission limitations and establish the operating limits?
60.2705 By what date must I conduct the initial performance test?
60.2706 By what date must I conduct the initial air pollution
control device inspection?

Model Rule--Continuous Compliance Requirements

60.2710 How do I demonstrate continuous compliance with the amended
emission limitations and the operating limits?
60.2715 By what date must I conduct the annual performance test?
60.2716 By what date must I conduct the annual air pollution control
device inspection?
60.2720 May I conduct performance testing less often?
60.2725 May I conduct a repeat performance test to establish new
operating limits?

Model Rule--Monitoring

60.2730 What monitoring equipment must I install and what parameters
must I monitor?
60.2735 Is there a minimum amount of monitoring data I must obtain?

Model Rule--Recordkeeping and Reporting

60.2740 What records must I keep?
60.2745 Where and in what format must I keep my records?
60.2750 What reports must I submit?
60.2755 When must I submit my waste management plan?
60.2760 What information must I submit following my initial
performance test?
60.2765 When must I submit my annual report?
60.2770 What information must I include in my annual report?
60.2775 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.2780 What must I include in the deviation report?
60.2785 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.2790 Are there any other notifications or reports that I must
submit?
60.2795 In what form can I submit my reports?
60.2800 Can reporting dates be changed?

[[Page 41002]]

Model Rule--Title V Operating Permits

60.2805 Am I required to apply for and obtain a Title V operating
permit for my unit?

Model Rule--Air Curtain Incinerators

60.2810 What is an air curtain incinerator?
60.2815 What are my requirements for meeting increments of progress
and achieving final compliance?
60.2820 When must I complete each increment of progress?
60.2825 What must I include in the notifications of achievement of
increments of progress?
60.2830 When must I submit the notifications of achievement of
increments of progress?
60.2835 What if I do not meet an increment of progress?
60.2840 How do I comply with the increment of progress for submittal
of a control plan?
60.2845 How do I comply with the increment of progress for achieving
final compliance?
60.2850 What must I do if I close my air curtain incinerator and
then restart it?
60.2855 What must I do if I plan to permanently close my air curtain
incinerator and not restart it?
60.2860 What are the emission limitations for air curtain
incinerators?
60.2865 How must I monitor opacity for air curtain incinerators?
60.2870 What are the recordkeeping and reporting requirements for
air curtain incinerators?

Model Rule--Definitions

60.2875 What definitions must I know?

Tables to Subpart DDDD

Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of
Progress and Compliance Schedules
Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations
That Apply to Incinerators Before [Date to be specified in state
plan]
Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for
Wet Scrubbers
Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency
Factors
Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of Reporting
Requirements
Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations
That Apply to Incinerators on and After [Date to be specified in
state plan]
Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations
That Apply to Energy Recovery Units After May 20, 2011 [Date to be
specified in state plan]
Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations
That Apply to Waste-Burning Kilns After May 20, 2011 [Date to be
specified in state plan.]
Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations
That Apply to Small, Remote Incinerators After May 20, 2011 [Date to
be specified in state plan]

Subpart DDDD--Emissions Guidelines and Compliance Times for
Commercial and Industrial Solid Waste Incineration Units

Introduction

Sec. 60.2500 What is the purpose of this subpart?

This subpart establishes emission guidelines and compliance
schedules for the control of emissions from commercial and industrial
solid waste incineration (CISWI) units. The pollutants addressed by
these emission guidelines are listed in table 2 of this subpart and
tables 6 through 9 of this subpart. These emission guidelines are
developed in accordance with sections 111(d) and 129 of the Clean Air
Act and subpart B of this part.

Sec. 60.2505 Am I affected by this subpart?

(a) If you are the Administrator of an air quality program in a
state or United States protectorate with one or more existing CISWI
units that meet the criteria in paragraphs (b) through (d) of this
section, you must submit a state plan to U.S. Environmental Protection
Agency (EPA) that implements the emission guidelines contained in this
subpart.
(b) You must submit a state plan to EPA by December 3, 2001 for
incinerator units that commenced construction on or before November 30,
1999 and that were not modified or reconstructed after June 1, 2001.
(c) You must submit a state plan that meets the requirements of
this subpart and contains the more stringent emission limit for the
respective pollutant in table 6 of this subpart or table 1 of subpart
CCCC of this part to EPA by February 7, 2014 for incinerators that
commenced construction after November 30, 1999, but no later than June
4, 2010, or commenced modification or reconstruction after June 1, 2001
but no later than August 7, 2013.
(d) You must submit a state plan to EPA that meets the requirements
of this subpart and contains the emission limits in tables 7 through 9
of this subpart by February 7, 2014, for CISWI units other than
incinerator units that commenced construction on or before June 4,
2010, or commenced modification or reconstruction after June 4, 2010
but no later than August 7, 2013.

Sec. 60.2510 Is a state plan required for all states?

No. You are not required to submit a state plan if there are no
existing CISWI units in your state, and you submit a negative
declaration letter in place of the state plan.

Sec. 60.2515 What must I include in my state plan?

(a) You must include the nine items described in paragraphs (a)(1)
through (9) of this section in your state plan:
(1) Inventory of affected CISWI units, including those that have
ceased operation but have not been dismantled;
(2) Inventory of emissions from affected CISWI units in your state;
(3) Compliance schedules for each affected CISWI unit;
(4) Emission limitations, operator training and qualification
requirements, a waste management plan, and operating limits for
affected CISWI units that are at least as protective as the emission
guidelines contained in this subpart;
(5) Performance testing, recordkeeping, and reporting requirements;
(6) Certification that the hearing on the state plan was held, a
list of witnesses and their organizational affiliations, if any,
appearing at the hearing, and a brief written summary of each
presentation or written submission;
(7) Provision for state progress reports to EPA;
(8) Identification of enforceable state mechanisms that you
selected for implementing the emission guidelines of this subpart; and
(9) Demonstration of your state's legal authority to carry out the
sections 111(d) and 129 state plan.
(b) Your state plan may deviate from the format and content of the
emission guidelines contained in this subpart. However, if your state
plan does deviate in content, you must demonstrate that your state plan
is at least as protective as the emission guidelines contained in this
subpart. Your state plan must address regulatory applicability,
increments of progress for retrofit, operator training and
qualification, a waste management plan, emission limitations,
performance testing, operating limits, monitoring, recordkeeping and
reporting, and air curtain incinerator requirements.
(c) You must follow the requirements of subpart B of this part
(Adoption and Submittal of State Plans for Designated Facilities) in
your state plan.

Sec. 60.2520 Is there an approval process for my state plan?

Yes. The EPA will review your state plan according to Sec. 60.27.

Sec. 60.2525 What if my state plan is not approvable?

(a) If you do not submit an approvable state plan (or a negative
declaration letter) by December 2, 2002, EPA will

[[Page 41003]]

develop a federal plan according to Sec. 60.27 to implement the
emission guidelines contained in this subpart. Owners and operators of
CISWI units not covered by an approved state plan must comply with the
federal plan. The federal plan is an interim action and will be
automatically withdrawn when your state plan is approved.
(b) If you do not submit an approvable state plan (or a negative
declaration letter) to EPA that meets the requirements of this subpart
and contains the emission limits in tables 6 through 9 of this subpart
for CISWI units that commenced construction on or before June 4, 2010
and incinerator or air curtain incinerator units that commenced
reconstruction or modification on or after June 1, 2001 but no later
than August 7, 2013, then EPA will develop a federal plan according to
Sec. 60.27 to implement the emission guidelines contained in this
subpart. Owners and operators of CISWI units not covered by an approved
state plan must comply with the federal plan. The federal plan is an
interim action and will be automatically withdrawn when your state plan
is approved.

Sec. 60.2530 Is there an approval process for a negative declaration
letter?

No. The EPA has no formal review process for negative declaration
letters. Once your negative declaration letter has been received, EPA
will place a copy in the public docket and publish a notice in the
Federal Register. If, at a later date, an existing CISWI unit is found
in your state, the federal plan implementing the emission guidelines
contained in this subpart would automatically apply to that CISWI unit
until your state plan is approved.

Sec. 60.2535 What compliance schedule must I include in my state
plan?

(a) For CISWI units in the incinerator subcategory and air curtain
incinerators that commenced construction on or before November 30,
1999, your state plan must include compliance schedules that require
CISWI units in the incinerator subcategory and air curtain incinerators
to achieve final compliance as expeditiously as practicable after
approval of the state plan but not later than the earlier of the two
dates specified in paragraphs (a)(1) and (2) of this section:
(1) December 1, 2005; and
(2) Three years after the effective date of state plan approval.
(b) For CISWI units in the incinerator subcategory and air curtain
incinerators that commenced construction after November 30, 1999, but
on or before June 4, 2010 or that commenced reconstruction or
modification on or after June 1, 2001 but no later than August 7, 2013,
and for CISWI units in the small remote incinerator, energy recovery
unit, and waste-burning kiln subcategories that commenced construction
before June 4, 2010, your state plan must include compliance schedules
that require CISWI units to achieve final compliance as expeditiously
as practicable after approval of the state plan but not later than the
earlier of the two dates specified in paragraphs (b)(1) and (2) of this
section:
(1) February 7, 2018; and
(2) Three years after the effective date of State plan approval.
(c) For compliance schedules more than 1 year following the
effective date of State plan approval, State plans must include dates
for enforceable increments of progress as specified in Sec. 60.2580.

Sec. 60.2540 Are there any State plan requirements for this subpart
that apply instead of the requirements specified in subpart B?

Yes. Subpart B establishes general requirements for developing and
processing section 111(d) plans. This subpart applies instead of the
requirements in subpart B of this part for paragraphs (a) and (b) of
this section:
(a) State plans developed to implement this subpart must be as
protective as the emission guidelines contained in this subpart. State
plans must require all CISWI units to comply by the dates specified in
Sec. 60.2535. This applies instead of the option for case-by-case less
stringent emission standards and longer compliance schedules in Sec.
60.24(f); and
(b) State plans developed to implement this subpart are required to
include two increments of progress for the affected CISWI units. These
two minimum increments are the final control plan submittal date and
final compliance date in Sec. 60.21(h)(1) and (5). This applies
instead of the requirement of Sec. 60.24(e)(1) that would require a
State plan to include all five increments of progress for all CISWI
units.

Sec. 60.2541 In lieu of a state plan submittal, are there other
acceptable option(s) for a state to meet its Clean Air Act section
111(d)/129(b)(2) obligations?

Yes, a state may meet its Clean Air Act section 111(d)/129
obligations by submitting an acceptable written request for delegation
of the federal plan that meets the requirements of this section. This
is the only other option for a state to meet its Clean Air Act section
111(d)/129 obligations.
(a) An acceptable federal plan delegation request must include the
following:
(1) A demonstration of adequate resources and legal authority to
administer and enforce the federal plan;
(2) The items under Sec. 60.2515(a)(1), (2) and (7);
(3) Certification that the hearing on the state delegation request,
similar to the hearing for a state plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission; and
(4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator who sets forth the terms, conditions, and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement
of 111(d)(2) and 111(d)/(2)/129(b)(3) federal plans.
(b) A state with an already approved CISWI Clean Air Act section
111(d)/129 state plan is not precluded from receiving EPA approval of a
delegation request for the revised federal plan, providing the
requirements of paragraph (a) of this section are met, and at the time
of the delegation request, the state also requests withdrawal of EPA's
previous state plan approval.
(c) A state's Clean Air Act section 111(d)/129 obligations are
separate from its obligations under Title V of the Clean Air Act.

Sec. 60.2542 What authorities will not be delegated to state, local,
or tribal agencies?

The authorities listed under Sec. 60.2030(c) will not be delegated
to state, local, or tribal agencies.

Sec. 60.2545 Does this subpart directly affect CISWI unit owners and
operators in my state?

(a) No. This subpart does not directly affect CISWI unit owners and
operators in your state. However, CISWI unit owners and operators must
comply with the state plan you develop to implement the emission
guidelines contained in this subpart. States may choose to incorporate
the model rule text directly in their state plan.
(b) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart for CISWI units that
commenced construction before November 30, 1999 by December 2, 2002,
EPA will implement and enforce a federal plan, as provided in Sec.
60.2525, to ensure that each unit within your state reaches

[[Page 41004]]

compliance with all the provisions of this subpart by December 1, 2005.
(c) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by February 7, 2014,
for CISWI units that commenced construction on or before June 4, 2010,
EPA will implement and enforce a federal plan, as provided in Sec.
60.2525, to ensure that each unit within your state that commenced
construction on or before June 4, 2010, reaches compliance with all the
provisions of this subpart by February 7, 2018.

Applicability of State Plans

Sec. 60.2550 What CISWI units must I address in my state plan?

(a) Your state plan must address incineration units that meet all
three criteria described in paragraphs (a)(1) through (3) of this
section:
(1) CISWI units and air curtain incinerators in your state that
commenced construction on or before June 4, 2010, or commenced
modification or reconstruction after June 4, 2010 but no later than
August 7, 2013;
(2) Incineration units that meet the definition of a CISWI unit as
defined in Sec. 60.2875; and
(3) Incineration units not exempt under Sec. 60.2555.
(b) If the owner or operator of a CISWI unit or air curtain
incinerator makes changes that meet the definition of modification or
reconstruction after August 7, 2013, the CISWI unit becomes subject to
subpart CCCC of this part and the state plan no longer applies to that
unit.
(c) If the owner or operator of a CISWI unit makes physical or
operational changes to an existing CISWI unit primarily to comply with
your state plan, subpart CCCC of this part does not apply to that unit.
Such changes do not qualify as modifications or reconstructions under
subpart CCCC of this part.

Sec. 60.2555 What combustion units are exempt from my state plan?

This subpart exempts the types of units described in paragraphs
(a), (c) through (i), (m), and (n) of this section, but some units are
required to provide notifications. Air curtain incinerators are exempt
from the requirements in this subpart except for the provisions in
Sec. Sec. 60.2805, 60.2860, and 60.2870:
(a) Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste as defined in Sec. 60.2875 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(a)(1) and (2) of this section:
(1) Notify the Administrator that the unit meets these criteria;
and
(2) Keep records on a calendar quarter basis of the weight of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit.
(b) [Reserved]
(c) Municipal waste combustion units. Incineration units that are
subject to subpart Ea of this part (Standards of Performance for
Municipal Waste Combustors); subpart Eb of this part (Standards of
Performance for Large Municipal Waste Combustors); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors); AAAA of this part (Standards of Performance for Small
Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Small Municipal Waste Combustion Units).
(d) Medical waste incineration units. Incineration units regulated
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is
Commenced After June 20, 1996) or subpart Ca of this part (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators).
(e) Small power production facilities. Units that meet the three
requirements specified in paragraphs (e)(1) through (4) of this
section:
(1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C));
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity;
(3) You submit documentation to the Administrator notifying the
Agency that the qualifying small power production facility is
combusting homogenous waste; and
(4) You maintain the records specified in Sec. 60.2740(v).
(f) Cogeneration facilities. Units that meet the three requirements
specified in paragraphs (f)(1) through (4) of this section:
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B));
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes;
(3) You submit documentation to the Administrator notifying the
Agency that the qualifying cogeneration facility is combusting
homogenous waste; and
(4) You maintain the records specified in Sec. 60.2740(w).
(g) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
(h) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(i) Air curtain incinerators. Air curtain incinerators that burn
only the materials listed in paragraphs (i)(1) through (3) of this
section are only required to meet the requirements under Sec. 60.2805
and under ``Air Curtain Incinerators'' (Sec. Sec. 60.2810 through
60.2870):
(1) 100 percent wood waste;
(2) 100 percent clean lumber; and
(3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
(j)-(l) [Reserved]
(m) Sewage treatment plants . Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
(n) Sewage sludge incineration units. Incineration units combusting
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter that are subject to subpart LLLL
of this part (Standards of Performance for New Sewage Sludge
Incineration Units) or subpart MMMM of this part (Emission Guidelines
and Compliance Times for Existing Sewage Sludge Incineration Units).
(o) Other solid waste incineration units. Incineration units that
are subject to subpart EEEE of this part (Standards of Performance for
Other Solid Waste Incineration Units for Which Construction is
Commenced After December 9, 2004, or for Which Modification or
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF
of this part (Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004).

Use of Model Rule

Sec. 60.2560 What is the ``model rule'' in this subpart?

(a) The model rule is the portion of these emission guidelines
(Sec. Sec. 60.2575 through 60.2875) that addresses the

[[Page 41005]]

regulatory requirements applicable to CISWI units. The model rule
provides these requirements in regulation format. You must develop a
state plan that is at least as protective as the model rule. You may
use the model rule language as part of your state plan. Alternative
language may be used in your state plan if you demonstrate that the
alternative language is at least as protective as the model rule
contained in this subpart.
(b) In the model rule of Sec. Sec. 60.2575 to 60.2875, ``you''
means the owner or operator of a CISWI unit.

Sec. 60.2565 How does the model rule relate to the required elements
of my state plan?

Use the model rule to satisfy the state plan requirements specified
in Sec. 60.2515(a)(4) and (5).

Sec. 60.2570 What are the principal components of the model rule?

The model rule contains the eleven major components listed in
paragraphs (a) through (k) of this section:
(a) Increments of progress toward compliance;
(b) Waste management plan;
(c) Operator training and qualification;
(d) Emission limitations and operating limits;
(e) Performance testing;
(f) Initial compliance requirements;
(g) Continuous compliance requirements;
(h) Monitoring;
(i) Recordkeeping and reporting;
(j) Definitions; and
(k) Tables.

Model Rule--Increments of Progress

Sec. 60.2575 What are my requirements for meeting increments of
progress and achieving final compliance?

If you plan to achieve compliance more than 1 year following the
effective date of state plan approval, you must meet the two increments
of progress specified in paragraphs (a) and (b) of this section:
(a) Submit a final control plan; and
(b) Achieve final compliance.

Sec. 60.2580 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for each of the
increments of progress.

Sec. 60.2585 What must I include in the notifications of achievement
of increments of progress?

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

Sec. 60.2590 When must I submit the notifications of achievement of
increments of progress?

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

Sec. 60.2595 What if I do not meet an increment of progress?

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

Sec. 60.2600 How do I comply with the increment of progress for
submittal of a control plan?

For your control plan increment of progress, you must satisfy the
two requirements specified in paragraphs (a) and (b) of this section:
(a) Submit the final control plan that includes the five items
described in paragraphs (a)(1) through (5) of this section:
(1) A description of the devices for air pollution control and
process changes that you will use to comply with the emission
limitations and other requirements of this subpart;
(2) The type(s) of waste to be burned;
(3) The maximum design waste burning capacity;
(4) The anticipated maximum charge rate; and
(5) If applicable, the petition for site-specific operating limits
under Sec. 60.2680.
(b) Maintain an onsite copy of the final control plan.

Sec. 60.2605 How do I comply with the increment of progress for
achieving final compliance?

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

Sec. 60.2610 What must I do if I close my CISWI unit and then restart
it?

(a) If you close your CISWI unit but will restart it prior to the
final compliance date in your state plan, you must meet the increments
of progress specified in Sec. 60.2575.
(b) If you close your CISWI unit but will restart it after your
final compliance date, you must complete emission control retrofits and
meet the emission limitations and operating limits on the date your
unit restarts operation.

Sec. 60.2615 What must I do if I plan to permanently close my CISWI
unit and not restart it?

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

Model Rule--Waste Management Plan

Sec. 60.2620 What is a waste management plan?

Sec. 60.2625 When must I submit my waste management plan?

You must submit a waste management plan no later than the date
specified in table 1 of this subpart for submittal of the final control
plan.

Sec. 60.2630 What should I include in my waste management plan?

A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures, and the source must implement those measures considered
practical and feasible, based on the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.

Model Rule--Operator Training and Qualification

Sec. 60.2635 What are the operator training and qualification
requirements?

(a) No CISWI unit can be operated unless a fully trained and
qualified CISWI unit operator is accessible, either at the facility or
can be at the facility

[[Page 41006]]

within 1 hour. The trained and qualified CISWI unit operator may
operate the CISWI unit directly or be the direct supervisor of one or
more other plant personnel who operate the unit. If all qualified CISWI
unit operators are temporarily not accessible, you must follow the
procedures in Sec. 60.2665.
(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 eleven subjects listed in paragraphs (c)(1)(i)
through (xi) of this section:
(i) Environmental concerns, including types of emissions;
(ii) Basic combustion principles, including products of combustion;
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures;
(iv) Combustion controls and monitoring;
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable);
(vi) Inspection and maintenance of the incinerator and air
pollution control devices;
(vii) Actions to prevent and correct malfunctions or to prevent
conditions that may lead to malfunctions;
(viii) Bottom and fly ash characteristics and handling procedures;
(ix) Applicable federal, state, and local regulations, including
Occupational Safety and Health Administration workplace standards;
(x) Pollution prevention; and
(xi) Waste management practices.
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that can
serve as reference material following completion of the course.

Sec. 60.2640 When must the operator training course be completed?

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

Sec. 60.2645 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 60.2635(b).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 60.2635(c)(2).

Sec. 60.2650 How do I maintain my operator qualification?

Sec. 60.2655 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section:
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 60.2650; and
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 60.2645(a).

Sec. 60.2660 What site-specific documentation is required?

(a) Documentation must be available at the facility and readily
accessible for all CISWI unit operators that addresses the ten topics
described in paragraphs (a)(1) through (10) of this section. You must
maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request:
(1) Summary of the applicable standards under this subpart;
(2) Procedures for receiving, handling, and charging waste;
(3) Incinerator startup, shutdown, and malfunction procedures;
(4) Procedures for maintaining proper combustion air supply levels;
(5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart;
(6) Monitoring procedures for demonstrating compliance with the
incinerator operating limits;
(7) Reporting and recordkeeping procedures;
(8) The waste management plan required under Sec. Sec. 60.2620
through 60.2630;
(9) Procedures for handling ash; and
(10) A list of the wastes burned during the performance test.
(b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator:
(1) The initial review of the information listed in paragraph (a)
of this section must be conducted by the later of the three dates
specified in paragraphs (b)(1)(i) through (iii) of this section:
(i) The final compliance date (Increment 2);
(ii) Six months after CISWI unit startup; and
(iii) Six months after being assigned to operate the CISWI unit.
(2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted no later than 12 months
following the previous review.
(c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section:
(1) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2660(a) as required by
Sec. 60.2660(b), including the date of the initial review and all
subsequent annual reviews;
(2) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2635, met
the criteria for qualification under Sec. 60.2645, and maintained or
renewed their qualification under Sec. 60.2650 or Sec. 60.2655.
Records must include documentation of training, the dates of the
initial refresher training, and the dates of their qualification and
all subsequent renewals of such qualifications; and
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec. 60.2665 What if all the qualified operators are temporarily not
accessible?

[[Page 41007]]

(a) When all qualified operators are not accessible for more than 8
hours, but less than 2 weeks, the CISWI unit may be operated by other
plant personnel familiar with the operation of the CISWI unit who have
completed a review of the information specified in Sec. 60.2660(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec. 60.2770;
(b) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section:
(1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible; 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 CISWI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section. If the Administrator notifies
you that your request to continue operation of the CISWI unit is
disapproved, the CISWI unit may continue operation for 90 days, then
must cease operation. Operation of the unit may resume if you meet the
two requirements in paragraphs (b)(2)(i) and (ii) of this section:
(i) A qualified operator is accessible as required under Sec.
60.2635(a); and
(ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.

Model Rule--Emission Limitations and Operating Limits

Sec. 60.2670 What emission limitations must I meet and by when?

(a) You must meet the emission limitations for each CISWI unit,
including bypass stack or vent, specified in table 2 of this subpart or
tables 6 through 9 of this subpart by the final compliance date under
the approved state plan, federal plan, or delegation, as applicable.
The emission limitations apply at all times the unit is operating
including and not limited to startup, shutdown, or malfunction.
(b) Units that do not use wet scrubbers must maintain opacity to
less than or equal to the percent opacity (three 1-hour blocks
consisting of ten 6-minute average opacity values) specified in table 2
of this subpart, as applicable.

Sec. 60.2675 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the emission
limitations, you must establish operating limits for up to four
operating parameters (as specified in table 3 of this subpart) as
described in paragraphs (a)(1) through (4) of this section during the
initial performance test:
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraph (a)(1)(i) or (ii) of this section, as
appropriate:
(i) For continuous and intermittent units, maximum charge rate is
110 percent of the average charge rate measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations; and
(ii) For batch units, maximum charge rate is 110 percent of the
daily charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limitations.
(2) Minimum pressure drop across the wet particulate matter
scrubber, which is calculated as the lowest 1-hour average pressure
drop across the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations; or minimum amperage to the wet scrubber, which is
calculated as the lowest 1-hour average amperage to the wet scrubber
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations.
(3) Minimum scrubber liquid flow rate, which is calculated as the
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas
or particulate matter scrubber measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations.
(4) Minimum scrubber liquor pH, which is calculated as the lowest
1-hour average liquor pH at the inlet to the wet acid gas scrubber
measured during the most recent performance test demonstrating
compliance with the HCl emission limitation.
(b) You must meet the operating limits established during the
initial performance test on the date the initial performance test is
required or completed (whichever is earlier). You must conduct an
initial performance evaluation of each continuous monitoring system and
continuous parameter monitoring system within 60 days of installation
of the monitoring system.
(c) If you use a fabric filter to comply with the emission
limitations and you do not use a PM CPMS for monitoring PM compliance,
you must operate each fabric filter system such that the bag leak
detection system alarm does not sound more than 5 percent of the
operating time during a 6-month period. In calculating this operating
time percentage, if inspection of the fabric filter demonstrates that
no corrective action is required, no alarm time is counted. If
corrective action is required, each alarm shall be counted as a minimum
of 1 hour. If you take longer than 1 hour to initiate corrective
action, the alarm time shall be counted as the actual amount of time
taken by you to initiate corrective action.
(d) If you use an electrostatic precipitator to comply with the
emission limitations and you do not use a PM CPMS for monitoring PM
compliance, you must measure the (secondary) voltage and amperage of
the electrostatic precipitator collection plates during the particulate
matter performance test. Calculate the average electric power value
(secondary voltage x secondary current = secondary electric power) for
each test run. The operating limit for the electrostatic precipitator
is calculated as the lowest 1-hour average secondary electric power
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations.
(e) If you use activated carbon sorbent injection to comply with
the emission limitations, you must measure the sorbent flow rate during
the performance testing. The operating limit for the carbon sorbent
injection is calculated as the lowest 1-hour average sorbent flow rate
measured during the most recent performance test demonstrating
compliance with the mercury emission limitations. For energy recovery
units, when your unit operates at lower loads, multiply your sorbent
injection rate by the load fraction, as defined in this subpart, to
determine the required injection rate (e.g., for 50 percent load,
multiply the injection rate operating limit by 0.5).
(f) If you use selective noncatalytic reduction to comply with the
emission limitations, you must measure the charge rate, the secondary
chamber temperature (if applicable to your CISWI unit), and the reagent
flow rate during the nitrogen oxides performance testing. The operating
limits for the selective noncatalytic reduction are calculated as the
highest 1-hour average charge rate, lowest secondary chamber
temperature,

[[Page 41008]]

and lowest reagent flow rate measured during the most recent
performance test demonstrating compliance with the nitrogen oxides
emission limitations.
(g) If you use a dry scrubber to comply with the emission
limitations, you must measure the injection rate of each sorbent during
the performance testing. The operating limit for the injection rate of
each sorbent is calculated as the lowest 1-hour average injection rate
of each sorbent measured during the most recent performance test
demonstrating compliance with the hydrogen chloride emission
limitations. For energy recovery units, when your unit operates at
lower loads, multiply your sorbent injection rate by the load fraction,
as defined in this subpart, to determine the required injection rate
(e.g., for 50 percent load, multiply the injection rate operating limit
by 0.5).
(h) If you do not use a wet scrubber, electrostatic precipitator,
or fabric filter to comply with the emission limitations, and if you do
not determine compliance with your particulate matter emission
limitation with either a particulate matter CEMS or a particulate
matter CPMS, you must maintain opacity to less than or equal to ten
percent opacity (1-hour block average).
(i) If you use a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (i)(1) through (5) of this section:
(1) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
all hourly average output values (milliamps, or the digital signal
equivalent) from the PM CPMS for the periods corresponding to the test
runs (e.g., three 1-hour average PM CPMS output values for three 1-hour
test runs):
(i) Your PM CPMS must provide a 4-20 milliamp output, or the
digital signal equivalent, and the establishment of its relationship to
manual reference method measurements must be determined in units of
milliamps or digital bits;
(ii) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to at least two times
your allowable emission limit. If your PM CPMS is an auto-ranging
instrument capable of multiple scales, the primary range of the
instrument must be capable of reading PM concentration from zero to a
level equivalent to two times your allowable emission limit; and
(iii) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp output values, or their digital equivalent,
from the PM CPMS for the periods corresponding to the compliance test
runs (e.g., average all your PM CPMS output values for three
corresponding 2-hour Method 5I test runs).
(2) If the average of your three PM performance test runs are below
75 percent of your PM emission limit, you must calculate an operating
limit by establishing a relationship of PM CPMS signal to PM
concentration using the PM CPMS instrument zero, the average PM CPMS
output values corresponding to the three compliance test runs, and the
average PM concentration from the Method 5 or performance test with the
procedures in (i)(1)through (5) of this section:
(i) Determine your instrument zero output with one of the following
procedures:
(A) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench;
(B) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air;
(C) The zero point can also can be established obtained by
performing manual reference method measurements when the flue gas is
free of PM emissions or contains very low PM concentrations (e.g., when
your process is not operating, but the fans are operating or your
source is combusting only natural gas) and plotting these with the
compliance data to find the zero intercept; and
(D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of
this section are possible, you must use a zero output value provided by
the manufacturer.
(ii) Determine your PM CPMS instrument average in milliamps, or the
digital equivalent, and the average of your corresponding three PM
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TR23JN16.008

Where:

X1 = the PM CPMS output data points for the three runs
constituting the performance test,
Y1 = the PM concentration value for the three runs
constituting the performance test, and
n = the number of data points.

(iii) With your instrument zero expressed in milliamps, or the
digital equivalent, your three run average PM CPMS milliamp value, or
its digital equivalent, and your three run average PM concentration
from your three compliance tests, determine a relationship of mg/dscm
per milliamp or digital signal equivalent, with equation 2:
[GRAPHIC] [TIFF OMITTED] TR23JN16.009

Where:

R = the relative mg/dscm per milliamp, or the digital equivalent,
for your PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp output, or the
digital equivalent, from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument
zero determined from paragraph (i)(2)(i) of this section.

(iv) Determine your source specific 30-day rolling average
operating limit using the mg/dscm per milliamp value, or per digital
signal equivalent, from equation 2 in equation 3, below. This sets your
operating limit at the PM CPMS output value corresponding to 75 percent
of your emission limit:

[[Page 41009]]

[GRAPHIC] [TIFF OMITTED] TR23JN16.010

Where:

Ol = the operating limit for your PM CPMS on a 30-day
rolling average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or digital equivalent,
determined from paragraph (i)(2)(i) of this section, and
R = the relative mg/dscm per milliamp, or per digital signal output
equivalent, for your PM CPMS, from equation 2.

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or
digital signal equivalent.

Sec. 60.2680 What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?

(a) If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective noncatalytic reduction,
fabric filter, an electrostatic precipitator, or a dry scrubber or
limit emissions in some other manner, including mass balances, to
comply with the emission limitations under Sec. 60.2670, you must
petition the EPA Administrator for specific operating limits to be
established during the initial performance test and continuously
monitored thereafter. You must submit the petition at least sixty days
before the performance test is scheduled to begin. Your petition must
include the five items listed in paragraphs (a)(1) through (5) of this
section:
(1) Identification of the specific parameters you propose to use as
additional operating limits;
(2) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters and how
limits on these parameters will serve to limit emissions of regulated
pollutants;
(3) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters;
(4) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments; and
(5) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
(b) [Reserved]

Model Rule--Performance Testing

Sec. 60.2690 How do I conduct the initial and annual performance
test?

(a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
(b) You must document that the waste burned during the performance
test is representative of the waste burned under normal operating
conditions by maintaining a log of the quantity of waste burned (as
required in Sec. 60.2740(b)(1)) and the types of waste burned during
the performance test.
(c) All performance tests must be conducted using the minimum run
duration specified in tables 2 and 6 through 9 of this subpart.
(d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
(e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.012

[[Page 41010]]

Where:

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

(g) You must determine dioxins/furans toxic equivalency by
following the procedures in paragraphs (g)(1) through (4) of this
section:
(1) Measure the concentration of each dioxin/furan tetra- through
octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A;
(2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. [Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section 5.3.2.5.];
(3) For each dioxin/furan (tetra- through octa-chlorinated) isomer
measured in accordance with paragraph (g)(1) and (2) of this section,
multiply the isomer concentration by its corresponding toxic
equivalency factor specified in table 4 of this subpart; and
(4) Sum the products calculated in accordance with paragraph (g)(3)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
(h) Method 22 at 40 CFR part 60, appendix A-7 must be used to
determine compliance with the fugitive ash emission limit in table 2 of
this subpart or tables 6 through 9 of this subpart.
(i) If you have an applicable opacity operating limit, you must
determine compliance with the opacity limit using Method 9 at 40 CFR
part 60, appendix A-4, based on three 1-hour blocks consisting of ten
6-minute average opacity values, unless you are required to install a
continuous opacity monitoring system, consistent with Sec. 60.2710 and
Sec. 60.2730.
(j) You must determine dioxins/furans total mass basis by following
the procedures in paragraphs (j)(1) through (3) of this section:
(1) Measure the concentration of each dioxin/furan tetra- through
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7;
(2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section 5.3.2.5.); and
(3) Sum the quantities measured in accordance with paragraphs
(j)(1) and (2) of this section to obtain the total concentration of
dioxins/furans emitted in terms of total mass basis.

Sec. 60.2695 How are the performance test data used?

You use results of performance tests to demonstrate compliance with
the emission limitations in table 2 of this subpart or tables 6 through
9 of this subpart.

Model Rule--Initial Compliance Requirements

Sec. 60.2700 How do I demonstrate initial compliance with the amended
emission limitations and establish the operating limits?

You must conduct a performance test, as required under Sec. Sec.
60.2670 and 60.2690, to determine compliance with the emission
limitations in table 2 of this subpart and tables 6 through 9 of this
subpart, to establish compliance with any opacity operating limits in
Sec. 60.2675, to establish the kiln-specific emission limit in Sec.
60.2710(y), as applicable, and to establish operating limits using the
procedures in Sec. 60.2675 or Sec. 60.2680. The performance test must
be conducted using the test methods listed in table 2 of this subpart
and tables 6 through 9 of this subpart and the procedures in Sec.
60.2690. The use of the bypass stack during a performance test shall
invalidate the performance test. You must conduct a performance
evaluation of each continuous monitoring system within 60 days of
installation of the monitoring system.

Sec. 60.2705 By what date must I conduct the initial performance
test?

(a) The initial performance test must be conducted no later than
180 days after your final compliance date. Your final compliance date
is specified in table 1 of this subpart.
(b) If you commence or recommence combusting a solid waste at an
existing combustion unit at any commercial or industrial facility and
you conducted a test consistent with the provisions of this subpart
while combusting the given solid waste within the 6 months preceding
the reintroduction of that solid waste in the combustion chamber, you
do not need to retest until 6 months from the date you reintroduce that
solid waste.
(c) If you commence or recommence combusting a solid waste at an
existing combustion unit at any commercial or industrial facility and
you have not conducted a performance test consistent with the
provisions of this subpart while combusting the given solid waste
within the 6 months preceding the reintroduction of that solid waste in
the combustion chamber, you must conduct a performance test within 60
days from the date you reintroduce solid waste.

Sec. 60.2706 By what date must I conduct the initial air pollution
control device inspection?

(a) The initial air pollution control device inspection must be
conducted within 60 days after installation of the control device and
the associated CISWI unit reaches the charge rate at which it will
operate, but no later than 180 days after the final compliance date for
meeting the amended emission limitations.
(b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the state agency
establishing a date whereby all necessary repairs of the designated
facility must be completed.

Model Rule--Continuous Compliance Requirements

Sec. 60.2710 How do I demonstrate continuous compliance with the
amended emission limitations and the operating limits?

(a) Compliance with standards. (1) The emission standards and
operating requirements set forth in this subpart apply at all times.
(2) If you cease combusting solid waste you may opt to remain
subject to the provisions of this subpart. Consistent with the
definition of CISWI unit, you are subject to the requirements of this
subpart at least 6 months following the last date of solid waste
combustion. Solid waste combustion is ceased when solid waste is not in
the combustion chamber (i.e., the solid waste feed to the combustor has
been cut off for a period of time not less than the solid waste
residence time).
(3) If you cease combusting solid waste you must be in compliance
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a
date selected by you, that must be at least 6 months from the date that
you ceased combusting solid waste, consistent with Sec. 60.2710(a)(2).
Your source must remain in compliance

[[Page 41011]]

with this subpart until the effective date of the waste-to-fuel switch.
(4) If you own or operate an existing commercial or industrial
combustion unit that combusted a fuel or non-waste material, and you
commence or recommence combustion of solid waste, you are subject to
the provisions of this subpart as of the first day you introduce or
reintroduce solid waste to the combustion chamber, and this date
constitutes the effective date of the fuel-to-waste switch. You must
complete all initial compliance demonstrations for any Section 112
standards that are applicable to your facility before you commence or
recommence combustion of solid waste. You must provide 30 days prior
notice of the effective date of the waste-to-fuel switch. The
notification must identify:
(i) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
(ii) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
(iii) The fuel(s), non-waste material(s) and solid waste(s) the
CISWI unit is currently combusting and has combusted over the past 6
months, and the fuel(s) or non-waste materials the unit will commence
combusting;
(iv) The date on which you became subject to the currently
applicable emission limits;
(v) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (a)(2) and (3) of this section.
(5) All air pollution control equipment necessary for compliance
with any newly applicable emissions limits which apply as a result of
the cessation or commencement or recommencement of combusting solid
waste must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch.
(6) All monitoring systems necessary for compliance with any newly
applicable monitoring requirements which apply as a result of the
cessation or commencement or recommencement of combusting solid waste
must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch. All calibration and drift
checks must be performed as of the effective date of the waste-to-fuel,
or fuel-to-waste switch. Relative accuracy tests must be performed as
of the performance test deadline for PM CEMS (if PM CEMS are elected to
demonstrate continuous compliance with the particulate matter emission
limits). Relative accuracy testing for other CEMS need not be repeated
if that testing was previously performed consistent with section 112
monitoring requirements or monitoring requirements under this subpart.
(b) You must conduct an annual performance test for the pollutants
listed in table 2 of this subpart or tables 6 through 9 of this subpart
and opacity for each CISWI unit as required under Sec. 60.2690. The
annual performance test must be conducted using the test methods listed
in table 2 of this subpart or tables 6 through 9 of this subpart and
the procedures in Sec. 60.2690. Opacity must be measured using EPA
Reference Method 9 at 40 CFR part 60. Annual performance tests are not
required if you use CEMS or continuous opacity monitoring systems to
determine compliance.
(c) You must continuously monitor the operating parameters
specified in Sec. 60.2675 or established under Sec. 60.2680 and as
specified in Sec. 60.2735. Operation above the established maximum or
below the established minimum operating limits constitutes a deviation
from the established operating limits. Three-hour block average values
are used to determine compliance (except for baghouse leak detection
system alarms) unless a different averaging period is established under
Sec. 60.2680 or, for energy recovery units, where the averaging time
for each operating parameter is a 30-day rolling, calculated each hour
as the average of the previous 720 operating hours over the previous 30
days of operation. Operation above the established maximum, below the
established minimum, or outside the allowable range of the operating
limits specified in paragraph (a) of this section constitutes a
deviation from your operating limits established under this subpart,
except during performance tests conducted to determine compliance with
the emission and operating limits or to establish new operating limits.
Operating limits are confirmed or reestablished during performance
tests.
(d) You must burn only the same types of waste and fuels used to
establish subcategory applicability (for ERUs) and operating limits
during the performance test.
(e) For energy recovery units, incinerators, and small remote
units, you must perform annual visual emissions test for ash handling.
(f) For energy recovery units, you must conduct an annual
performance test for opacity using EPA Reference Method 9 at 40 CFR
part 60 (except where particulate matter continuous monitoring system
or continuous parameter monitoring systems are used) and the pollutants
listed in table 7 of this subpart.
(g) For facilities using a CEMS to demonstrate compliance with the
carbon monoxide emission limit, compliance with the carbon monoxide
emission limit may be demonstrated by using the CEMS according to the
following requirements:
(1) You must measure emissions according to Sec. 60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen.
CEMS data during startup and shutdown, as defined in this subpart, are
not corrected to 7 percent oxygen, and are measured at stack oxygen
content. You must demonstrate initial compliance with the carbon
monoxide emissions limit using a 30-day rolling average of the 1-hour
arithmetic average emission concentrations, including CEMS data during
startup and shutdown as defined in this subpart, calculated using
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, appendix A-7.
(2) Operate the carbon monoxide continuous emissions monitoring
system in accordance with the applicable requirements of performance
specification 4A of appendix B and the quality assurance procedures of
appendix F of this part.
(h) Coal and liquid/gas energy recovery units with annual average
heat input rates greater than 250 MMBtu/hr may elect to demonstrate
continuous compliance with the particulate matter emissions limit using
a particulate matter CEMS according to the procedures in Sec.
60.2730(n) instead of the continuous parameter monitoring system
specified in Sec. 60.2710(i). Coal and liquid/gas energy recovery
units with annual average heat input rates less than 250 MMBtu/hr,
incinerators, and small remote incinerators may also elect to
demonstrate compliance using a particulate matter CEMS according to the
procedures in Sec. 60.2730(n) instead of particulate matter testing
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable,
the continuous opacity monitoring requirements in paragraph (i) of this
section.
(i) For energy recovery units with annual average heat input rates
greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you
must install, operate, certify and maintain a continuous opacity
monitoring system (COMS) according to the procedures in Sec. 60.2730.

[[Page 41012]]

(j) For waste-burning kilns, you must conduct an annual performance
test for the pollutants (except mercury and particulate matter, and
hydrogen chloride if no acid gas wet scrubber is used) listed in table
8 of this subpart. If you do not use an acid gas wet scrubber or dry
scrubber, you must determine compliance with the hydrogen chloride
emissions limit according to the requirements in paragraph (j)(1) of
this section. You must determine compliance with the mercury emissions
limit using a mercury CEMS according to paragraph (j)(2) of this
section. You must determine compliance with particulate matter using
CPMS:
(1) If you monitor compliance with the HCl emissions limit by
operating an HCl CEMS, you must do so in accordance with Performance
Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of
appendix B to 40 CFR part 60. You must operate, maintain, and quality
assure a HCl CEMS installed and certified under PS 15 according to the
quality assurance requirements in Procedure 1 of appendix F to 40 CFR
part 60 except that the Relative Accuracy Test Audit requirements of
Procedure 1 must be replaced with the validation requirements and
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate,
maintain and quality assure a HCl CEMS installed and certified under PS
18 according to the quality assurance requirements in Procedure 6 of
appendix F to 40 CFR part 60. For any performance specification that
you use, you must use Method 321 of appendix A to 40 CFR part 63 as the
reference test method for conducting relative accuracy testing. The
span value and calibration requirements in paragraphs (j)(1)(i) and
(ii) of this section apply to all HCl CEMS used under this subpart:
(i) You must use a measurement span value for any HCl CEMS of 0-10
ppmvw unless the monitor is installed on a kiln without an inline raw
mill. Kilns without an inline raw mill may use a higher span value
sufficient to quantify all expected emissions concentrations. The HCl
CEMS data recorder output range must include the full range of expected
HCl concentration values which would include those expected during
``mill off'' conditions. The corresponding data recorder range shall be
documented in the site-specific monitoring plan and associated records;
and
(ii) In order to quality assure data measured above the span value,
you must use one of the three options in paragraphs (j)(1)(ii)(A)
through (C) of this section:
(A) Include a second span that encompasses the HCl emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5 ppm of
total HCl. The requirements of the appropriate HCl monitor performance
specification shall be followed for this second span with the exception
that a RATA with the mill off is not required;
(B) Quality assure any data above the span value by proving
instrument linearity beyond the span value established in paragraph
(j)(1)(i) of this section using the following procedure. Conduct a
weekly ``above span linearity'' calibration challenge of the monitoring
system using a reference gas with a certified value greater than your
highest expected hourly concentration or greater than 75% of the
highest measured hourly concentration. The ``above span'' reference gas
must meet the requirements of the applicable performance specification
and must be introduced to the measurement system at the probe. Record
and report the results of this procedure as you would for a daily
calibration. The ``above span linearity'' challenge is successful if
the value measured by the HCl CEMS falls within 10 percent of the
certified value of the reference gas. If the value measured by the HCl
CEMS during the above span linearity challenge exceeds 10 percent of
the certified value of the reference gas, the monitoring system must be
evaluated and repaired and a new ``above span linearity'' challenge met
before returning the HCl CEMS to service, or data above span from the
HCl CEMS must be subject to the quality assurance procedures
established in (j)(1)(ii)(D) of this section. In this manner values
measured by the HCl CEMS during the above span linearity challenge
exceeding +/-20 percent of the certified value of the reference gas
must be normalized using equation 6;
(C) Quality assure any data above the span value established in
paragraph (j)(1)(i) of this section using the following procedure. Any
time two consecutive one-hour average measured concentration of HCl
exceeds the span value you must, within 24 hours before or after,
introduce a higher, ``above span'' HCl reference gas standard to the
HCl CEMS. The ``above span'' reference gas must meet the requirements
of the applicable performance specification and target a concentration
level between 50 and 150 percent of the highest expected hourly
concentration measured during the period of measurements above span,
and must be introduced at the probe. While this target represents a
desired concentration range that is not always achievable in practice,
it is expected that the intent to meet this range is demonstrated by
the value of the reference gas. Expected values may include above span
calibrations done before or after the above-span measurement period.
Record and report the results of this procedure as you would for a
daily calibration. The ``above span'' calibration is successful if the
value measured by the HCl CEMS is within 20 percent of the certified
value of the reference gas. If the value measured by the HCl CEMS is
not within 20 percent of the certified value of the reference gas, then
you must normalize the stack gas values measured above span as
described in paragraph (j)(1)(ii)(D) of this section. If the ``above
span'' calibration is conducted during the period when measured
emissions are above span and there is a failure to collect the one data
point in an hour due to the calibration duration, then you must
determine the emissions average for that missed hour as the average of
hourly averages for the hour preceding the missed hour and the hour
following the missed hour. In an hour where an ``above span''
calibration is being conducted and one or more data points are
collected, the emissions average is represented by the average of all
valid data points collected in that hour; and
(D) In the event that the ``above span'' calibration is not
successful (i.e., the HCl CEMS measured value is not within 20 percent
of the certified value of the reference gas), then you must normalize
the one-hour average stack gas values measured above the span during
the 24-hour period preceding or following the ``above span''
calibration for reporting based on the HCl CEMS response to the
reference gas as shown in equation 6:
[GRAPHIC] [TIFF OMITTED] TR23JN16.013

Only one ``above span'' calibration is needed per 24-hour period.
(2) Compliance with the mercury emissions limit must be determined
using a mercury CEMS according to the following requirements:

[[Page 41013]]

(i) You must operate a CEMS in accordance with performance
specification 12A at 40 CFR part 60, appendix B or a sorbent trap based
integrated monitor in accordance with performance specification 12B at
40 CFR part 60, appendix B. The duration of the performance test must
be a calendar month. For each calendar month in which the waste-burning
kiln operates, hourly mercury concentration data and stack gas
volumetric flow rate data must be obtained. You must demonstrate
compliance with the mercury emissions limit using a 30-day rolling
average of these 1-hour mercury concentrations, including CEMS data
during startup and shutdown as defined in this subpart, calculated
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40
CFR part 60, appendix A-7 of this part. CEMS data during startup and
shutdown, as defined in this subpart, are not corrected to 7 percent
oxygen, and are measured at stack oxygen content;
(ii) Owners or operators using a mercury continuous emissions
monitoring systems must install, operate, calibrate and maintain an
instrument for continuously measuring and recording the mercury mass
emissions rate to the atmosphere according to the requirements of
performance specifications 6 and 12A at 40 CFR part 60, appendix B and
quality assurance procedure 5 at 40 CFR part 60, appendix F; and
(iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS while the
raw mill of the in-line kiln/raw mill is operating under normal
conditions and including at least one period when the raw mill is off.
(k) If you use an air pollution control device to meet the emission
limitations in this subpart, you must conduct an initial and annual
inspection of the air pollution control device. The inspection must
include, at a minimum, the following:
(1) Inspect air pollution control device(s) for proper operation;
and
(2) Develop a site-specific monitoring plan according to the
requirements in paragraph (l) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under Sec. 60.13(i).
(l) For each CMS required in this section, you must develop and
submit to the EPA Administrator for approval a site-specific monitoring
plan according to the requirements of this paragraph (l) that addresses
paragraphs (l)(1)(i) through (vi) of this section:
(1) You must submit this site-specific monitoring plan at least 60
days before your initial performance evaluation of your continuous
monitoring system:
(i) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device);
(ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems;
(iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations);
(iv) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec. 60.11(d);
(v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 60.13; and
(vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 60.7(b),(c), (c)(1), (c)(4),
(d), (e), (f) and (g).
(2) You must conduct a performance evaluation of each continuous
monitoring system in accordance with your site-specific monitoring
plan.
(3) You must operate and maintain the continuous monitoring system
in continuous operation according to the site-specific monitoring plan.
(m) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs (l) and
(m)(1) through (4) of this section:
(1) Install the flow sensor and other necessary equipment in a
position that provides a representative flow;
(2) Use a flow sensor with a measurement sensitivity at full scale
of no greater than 2 percent;
(3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances; and
(4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
(n) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (l) and (n)(1) through (6) of this section:
(1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., PM scrubber pressure
drop);
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion;
(3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less;
(4) Perform checks at the frequency outlined in your site-specific
monitoring plan to ensure pressure measurements are not obstructed
(e.g., check for pressure tap plugging daily);
(5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually; and
(6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
(o) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (l) and (o)(1)
through (4) of this section:
(1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH;
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured;
(3) Conduct a performance evaluation of the pH monitoring system in
accordance with your monitoring plan at least once each process
operating day; and
(4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the pH of the operating limit) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
(p) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this
section:
(1) Install sensors to measure (secondary) voltage and current to
the precipitator collection plates; and
(2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance

[[Page 41014]]

test but no less frequently than annually.
(q) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (l) and (q)(1) and (2) of this section:
(1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate; and
(2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
(r) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain, and continuously operate a bag leak detection
system as specified in paragraphs (l) and (r)(1) through (5) of this
section:
(1) Install a bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter;
(2) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
(3) Conduct a performance evaluation of the bag leak detection
system in accordance with your monitoring plan and consistent with the
guidance provided in EPA-454/R-98-015 (incorporated by reference, see
Sec. 60.17);
(4) Use a bag leak detection system equipped with a device to
continuously record the output signal from the sensor; and
(5) Use a bag leak detection system equipped with a system that
will sound an alarm when an increase in relative particulate matter
emissions over a preset level is detected. The alarm must be located
where it is observed readily by plant operating personnel.
(s) For facilities using a CEMS to demonstrate compliance with the
sulfur dioxide emission limit, compliance with the sulfur dioxide
emission limit may be demonstrated by using the CEMS specified in Sec.
60.2730 to measure sulfur dioxide. CEMS data during startup and
shutdown, as defined in this subpart, are not corrected to 7 percent
oxygen, and are measured at stack oxygen content. You must calculate a
30-day rolling average of the 1-hour arithmetic average emission
concentrations, including CEMS data during startup and shutdown as
defined in this subpart, using equation 19-19 in section 12.4.1 of EPA
Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur dioxide
CEMS must be operated according to performance specification 2 in
appendix B of this part and must follow the procedures and methods
specified in paragraph (s) of this section. For sources that have
actual inlet emissions less than 100 parts per million dry volume, the
relative accuracy criterion for inlet sulfur dioxide CEMS should be no
greater than 20 percent of the mean value of the reference method test
data in terms of the units of the emission standard, or 5 parts per
million dry volume absolute value of the mean difference between the
reference method and the CEMS, whichever is greater:
(1) During each relative accuracy test run of the CEMS required by
performance specification 2 in appendix B of this part, collect sulfur
dioxide and oxygen (or carbon dioxide) data concurrently (or within a
30- to 60-minute period) with both the CEMS and the test methods
specified in paragraphs (s)(1)(i) and (ii) of this section:
(i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec. 60.17) must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec. 60.17), as applicable, must be used.
(2) The span value of the CEMS at the inlet to the sulfur dioxide
control device must be 125 percent of the maximum estimated hourly
potential sulfur dioxide emissions of the unit subject to this subpart.
The span value of the CEMS at the outlet of the sulfur dioxide control
device must be 50 percent of the maximum estimated hourly potential
sulfur dioxide emissions of the unit subject to this subpart.
(3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
(t) For facilities using a CEMS to demonstrate continuous
compliance with the nitrogen oxides emission limit, compliance with the
nitrogen oxides emission limit may be demonstrated by using the CEMS
specified in Sec. 60.2730 to measure nitrogen oxides. CEMS data during
startup and shutdown, as defined in this subpart, are not corrected to
7 percent oxygen, and are measured at stack oxygen content. You must
calculate a 30-day rolling average of the 1-hour arithmetic average
emission concentration using equation 19-19 in section 12.4.1 of EPA
Reference Method 19 at 40 CFR part 60, appendix A-7. The nitrogen
oxides CEMS must be operated according to performance specification 2
in appendix B of this part and must follow the procedures and methods
specified in paragraphs (t)(1) through (4) of this section:
(1) During each relative accuracy test run of the CEMS required by
performance specification 2 of appendix B of this part, collect
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or
within a 30- to 60-minute period) with both the CEMS and the test
methods specified in paragraphs (t)(1)(i) and (ii) of this section:
(i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR
part 60, appendix A-4 must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec. 60.17), as applicable, must be used.
(2) The span value of the CEMS must be 125 percent of the maximum
estimated hourly potential nitrogen oxide emissions of unit.
(3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
(4) The owner or operator of an affected facility may request that
compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (t)(4)(i) through (iv)
of this section. This relationship may be reestablished during
performance compliance tests:
(i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981
(incorporated by reference, see Sec. 60.17), as applicable, must be
used to determine the oxygen concentration at the same location as the
carbon dioxide monitor;
(ii) Samples must be taken for at least 30 minutes in each hour;
(iii) Each sample must represent a 1-hour average; and
(iv) A minimum of 3 runs must be performed.

[[Page 41015]]

(u) For facilities using a continuous emissions monitoring system
to demonstrate continuous compliance with any of the emission limits of
this subpart, you must complete the following:
(1) Demonstrate compliance with the appropriate emission limit(s)
using a 30-day rolling average of 1-hour arithmetic average emission
concentrations, including CEMS data during startup and shutdown, as
defined in this subpart, calculated using equation 19-19 in section
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. CEMS
data during startup and shutdown, as defined in this subpart, are not
corrected to 7 percent oxygen, and are measured at stack oxygen
content; and
(2) Operate all CEMS in accordance with the applicable procedures
under appendices B and F of this part.
(v) Use of the bypass stack at any time is an emissions standards
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX,
SO2, and dioxin/furans.
(w) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain an oxygen analyzer system as
defined in Sec. 60.2875 according to the procedures in paragraphs
(w)(1) through (4) of this section:
(1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec. 60.2675;
(2) You must operate the oxygen trim system within compliance with
paragraph (w)(3) of this section at all times;
(3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen is not
below the lowest hourly average oxygen concentration measured during
the most recent CO performance test; and
(4) You must calculate and record a 30-day rolling average oxygen
concentration using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
(x) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (x)(1) through (8) of
this section. For other energy recovery units, you may elect to use PM
CPMS operated in accordance with this section. PM CPMS are suitable in
lieu of using other CMS for monitoring PM compliance (e.g., bag leak
detectors, ESP secondary power, PM scrubber pressure):
(1) Install, calibrate, operate, and maintain your PM CPMS
according to the procedures in your approved site-specific monitoring
plan developed in accordance with paragraphs (l) and (x)(1)(i) through
(iii) of this section:
(i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta
attenuation, or mass accumulation of the exhaust gas or representative
sample. The reportable measurement output from the PM CPMS must be
expressed as milliamps or the digital signal equivalent;
(ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes; and
(iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
(2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec. 60.2675.
(3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps or the digital signal equivalent.
(4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps or their digital
equivalent).
(5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (x)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
(6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
(i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
(ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report);
(iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
(7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
(8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
(i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
(ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value;
(iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify. Within 45 days of the deviation, you must re-establish the
CPMS operating limit. You are not required to conduct additional
testing for any deviations that occur between the time of the original
deviation and the PM emissions compliance test required under paragraph
(x) of this section; and
(iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
(y) When there is an alkali bypass and/or an in-line coal mill that
exhaust emissions through a separate stack(s), the combined emissions
are subject to

[[Page 41016]]

the emission limits applicable to waste-burning kilns. To determine the
kiln-specific emission limit for demonstrating compliance, you must:
(1) Calculate a kiln-specific emission limit using equation 7:
[GRAPHIC] [TIFF OMITTED] TR23JN16.014

Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm,
depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm,
ng/dscm, depending on pollutant. Each corrected to 7%
O2.)
Qks = Kiln stack flow rate (volume/hr)

(2) Particulate matter concentration must be measured downstream of
the in-line coal mill. All other pollutant concentrations must be
measured either upstream or downstream of the in-line coal mill.
(3) For purposes of determining the combined emissions from kilns
equipped with an alkali bypass or that exhaust kiln gases to a coal
mill that exhausts through a separate stack, instead of installing a
CEMS or PM CPMS on the alkali bypass stack or in-line coal mill stack,
the results of the initial and subsequent performance test can be used
to demonstrate compliance with the relevant emissions limit. A
performance test must be conducted on an annual basis (between 11 and
13 calendar months following the previous performance test).

Sec. 60.2715 By what date must I conduct the annual performance test?

You must conduct annual performance tests between 11 and 13 months
of the previous performance test.

Sec. 60.2716 By what date must I conduct the annual air pollution
control device inspection?

Sec. 60.2720 May I conduct performance testing less often?

(a) You must conduct annual performance tests according to the
schedule specified in Sec. 60.2715, with the following exceptions:
(1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward, as specified in Sec. 60.2725. The Administrator may request a
repeat performance test at any time;
(2) You must repeat the performance test within 60 days of a
process change, as defined in Sec. 60.2875; and
(3) If the initial or any subsequent performance test for any
pollutant in table 2 or tables 6 through 9 of this subpart, as
applicable, demonstrates that the emission level for the pollutant is
no greater than the emission level specified in paragraph (a)(3)(i) or
(a)(3)(ii) of this section, as applicable, and you are not required to
conduct a performance test for the pollutant in response to a request
by the Administrator in paragraph (a)(1) of this section or a process
change in paragraph (a)(2) of this section, you may elect to skip
conducting a performance test for the pollutant for the next 2 years.
You must conduct a performance test for the pollutant during the third
year and no more than 37 months following the previous performance test
for the pollutant. For cadmium and lead, both cadmium and lead must be
emitted at emission levels no greater than their respective emission
levels specified in paragraph (a)(3)(i) of this section for you to
qualify for less frequent testing under paragraph (a) of this section:
(i) For particulate matter, hydrogen chloride, mercury, carbon
monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/
furans, the emission level equal to 75 percent of the applicable
emission limit in table 2 or tables 6 through 9 of this subpart, as
applicable, to this subpart; and
(ii) For fugitive emissions, visible emissions (of combustion ash
from the ash conveying system) for 2 percent of the time during each of
the three 1-hour observation periods.
(4) If you are conducting less frequent testing for a pollutant as
provided in paragraph (a)(3) of this section and a subsequent
performance test for the pollutant indicates that your CISWI unit does
not meet the emission level specified in paragraph (a)(3)(i) or
(a)(3)(ii) of this section, as applicable, you must conduct annual
performance tests for the pollutant according to the schedule specified
in paragraph (a) of this section until you qualify for less frequent
testing for the pollutant as specified in paragraph (a)(3) of this
section.
(b) [Reserved]

Sec. 60.2725 May I conduct a repeat performance test to establish new
operating limits?

Model Rule--Monitoring

Sec. 60.2730 What monitoring equipment must I install and what
parameters must I monitor?

(a) If you are using a wet scrubber to comply with the emission
limitation under Sec. 60.2670, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in table
3 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in table 3 of this subpart at all times except as specified in Sec.
60.2735(a).
(b) If you use a fabric filter to comply with the requirements of
this subpart and you do not use a PM CPMS for monitoring PM compliance,
you must install, calibrate, maintain, and continuously operate a bag
leak detection system as specified in paragraphs (b)(1) through (8) of
this section:
(1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter;
(2) Each bag leak detection system must be installed, operated,
calibrated, and maintained in a manner consistent with the
manufacturer's written specifications and recommendations;
(3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
(4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings;

[[Page 41017]]

(5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor;
(6) The bag leak detection system must be equipped with an alarm
system that will alert automatically an operator when an increase in
relative particulate matter emission over a preset level is detected.
The alarm must be located where it is observed easily by plant
operating personnel;
(7) For positive pressure fabric filter systems, a bag leak
detection system must be installed in each baghouse compartment or
cell. For negative pressure or induced air fabric filters, the bag leak
detector must be installed downstream of the fabric filter; and
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, an electrostatic
precipitator, or a dry scrubber to comply with the emission limitations
under Sec. 60.2670, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec. 60.2680.
(d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
sorbent flow rate once per hour.
(e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
(1) Following the date on which the initial performance test is
completed or is required to be completed under Sec. 60.2690, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI unit) or the minimum reagent
flow rate measured as 3-hour block averages at all times; and
(2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
(f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart and you do not use a PM CPMS for
monitoring PM compliance, you must monitor the secondary power to the
electrostatic precipitator collection plates and maintain the 3-hour
block averages at or above the operating limits established during the
mercury or particulate matter performance test.
(g) For waste-burning kilns not equipped with a wet scrubber or dry
scrubber, in place of hydrogen chloride testing with EPA Method 321 at
40 CFR part 63, appendix A, an owner or operator must install,
calibrate, maintain, and operate a CEMS for monitoring hydrogen
chloride emissions, as specified in Sec. 60.2710(j), discharged to the
atmosphere and record the output of the system. To demonstrate
continuous compliance with the hydrogen chloride emissions limit for
units other than waste-burning kilns not equipped with a wet scrubber
or dry scrubber, a facility may substitute use of a hydrogen chloride
CEMS for conducting the hydrogen chloride annual performance test,
monitoring the minimum hydrogen chloride sorbent flow rate, monitoring
the minimum scrubber liquor pH.
(h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of either a
particulate matter CEMS or a particulate matter CPMS for conducting the
particulate matter annual performance test and other CMS monitoring for
PM compliance (e.g., bag leak detectors, ESP secondary power, PM
scrubber pressure).
(i) To demonstrate continuous compliance with the dioxin/furan
emissions limit, a facility may substitute use of a continuous
automated sampling system for the dioxin/furan annual performance test.
You must record the output of the system and analyze the sample
according to EPA Method 23 at 40 CFR part 60, appendix A-7. This option
to use a continuous automated sampling system takes effect on the date
a final performance specification applicable to dioxin/furan from
continuous monitors is published in the Federal Register. The owner or
operator who elects to continuously sample dioxin/furan emissions
instead of sampling and testing using EPA Method 23 at 40 CFR part 60,
appendix A-7 must install, calibrate, maintain and operate a continuous
automated sampling system and must comply with the requirements
specified in Sec. 60.58b(p) and (q). A facility may substitute
continuous dioxin/furan monitoring for the minimum sorbent flow rate,
if activated carbon sorbent injection is used solely for compliance
with the dioxin/furan emission limit.
(j) To demonstrate continuous compliance with the mercury emissions
limit, a facility may substitute use of a continuous automated sampling
system for the mercury annual performance test. You must record the
output of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet performance
specification 12B criteria. This option to use a continuous automated
sampling system takes effect on the date a final performance
specification applicable to mercury from monitors is published in the
Federal Register. The owner or operator who elects to continuously
sample mercury emissions instead of sampling and testing using EPA
Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-02
(Reapproved 2008) (incorporated by reference, see Sec. 60.17), or an
approved alternative method for measuring mercury emissions, must
install, calibrate, maintain and operate a continuous automated
sampling system and must comply with the requirements specified in
Sec. 60.58b(p) and (q). A facility may substitute continuous mercury
monitoring for the minimum sorbent flow rate, if activated carbon
sorbent injection is used solely for compliance with the mercury
emission limit. Waste-burning kilns must install, calibrate, maintain,
and operate a mercury CEMS as specified in Sec. 60.2710(j).
(k) To demonstrate continuous compliance with the nitrogen oxides
emissions limit, a facility may substitute use of a CEMS for the
nitrogen oxides annual performance test to demonstrate compliance with
the nitrogen oxides emissions limits and monitoring the charge rate,
secondary chamber temperature and reagent flow for selective
noncatalytic reduction, if applicable:
(1) Install, calibrate, maintain and operate a CEMS for measuring
nitrogen oxides emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part and the procedures under Sec. 60.13 must be
followed for installation, evaluation and operation of the CEMS; and
(2) Following the date that the initial performance test for
nitrogen oxides is completed or is required to be completed under Sec.
60.2690, compliance with the emission limit for nitrogen oxides
required under Sec. 60.52b(d) must be determined based on the 30-day
rolling average of the hourly emission concentrations using CEMS outlet
data. The 1-hour arithmetic averages must be expressed in parts per
million by volume corrected to 7 percent oxygen (dry basis) and used to
calculate the 30-day rolling average concentrations.

[[Page 41018]]

CEMS data during startup and shutdown, as defined in this subpart, are
not corrected to 7 percent oxygen, and are measured at stack oxygen
content. The 1-hour arithmetic averages must be calculated using the
data points required under Sec. 60.13(e)(2).
(l) To demonstrate continuous compliance with the sulfur dioxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the sulfur dioxide annual performance
test to demonstrate compliance with the sulfur dioxide emissions
limits:
(1) Install, calibrate, maintain and operate a CEMS for measuring
sulfur dioxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance requirements of
procedure 1 of appendix F of this part and the procedures under Sec.
60.13 must be followed for installation, evaluation and operation of
the CEMS; and
(2) Following the date that the initial performance test for sulfur
dioxide is completed or is required to be completed under Sec.
60.2690, compliance with the sulfur dioxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using CEMS outlet data. The 1-hour
arithmetic averages must be expressed in parts per million corrected to
7 percent oxygen (dry basis) and used to calculate the 30-day rolling
average emission concentrations. CEMS data during startup and shutdown,
as defined in this subpart, are not corrected to 7 percent oxygen, and
are measured at stack oxygen content. The 1-hour arithmetic averages
must be calculated using the data points required under Sec.
60.13(e)(2).
(m) For energy recovery units over 10 MMBtu/hr but less than 250
MMBtu/hr annual average heat input rates that do not use a wet
scrubber, fabric filter with bag leak detection system, or particulate
matter CEMS, you must install, operate, certify and maintain a
continuous opacity monitoring system according to the procedures in
paragraphs (m)(1) through (5) of this section by the compliance date
specified in Sec. 60.2670. Energy recovery units that use a
particulate matter CEMS to demonstrate initial and continuing
compliance according to the procedures in Sec. 60.2730(n) are not
required to install a continuous opacity monitoring system and must
perform the annual performance tests for opacity consistent with Sec.
60.2710(f):
(1) Install, operate and maintain each continuous opacity
monitoring system according to performance specification 1 at 40 CFR
part 60, appendix B;
(2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec. 60.13 and
according to performance specification 1 at 40 CFR part 60, appendix B;
(3) As specified in Sec. 60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period;
(4) Reduce the continuous opacity monitoring system data as
specified in Sec. 60.13(h)(1); and
(5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
(n) For coal and liquid/gas energy recovery units, incinerators,
and small remote incinerators, an owner or operator may elect to
install, calibrate, maintain and operate a CEMS for monitoring
particulate matter emissions discharged to the atmosphere and record
the output of the system. The owner or operator of an affected facility
who continuously monitors particulate matter emissions instead of
conducting performance testing using EPA Method 5 at 40 CFR part 60,
appendix A-3 or, as applicable, monitor with a particulate matter CPMS
according to paragraph (r) of this section, must install, calibrate,
maintain and operate a CEMS and must comply with the requirements
specified in paragraphs (n)(1) through (13) of this section:
(1) Notify the Administrator 1 month before starting use of the
system;
(2) Notify the Administrator 1 month before stopping use of the
system;
(3) The monitor must be installed, evaluated and operated in
accordance with the requirements of performance specification 11 of
appendix B of this part and quality assurance requirements of procedure
2 of appendix F of this part and Sec. 60.13;
(4) The initial performance evaluation must be completed no later
than 180 days after the final compliance date for meeting the amended
emission limitations, as specified under Sec. 60.2690 or within 180
days of notification to the Administrator of use of the continuous
monitoring system if the owner or operator was previously determining
compliance by Method 5 at 40 CFR part 60, appendix A-3 performance
tests, whichever is later;
(5) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec. 60.2710(t)(4)(i) through
(iv);
(6) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions as required
under Sec. 60.2690. Compliance with the particulate matter emission
limit, if PM CEMS are elected for demonstrating compliance, must be
determined by using the CEMS specified in paragraph (n) of this section
to measure particulate matter. You must calculate a 30-day rolling
average of 1-hour arithmetic average emission concentrations, including
CEMS data during startup and shutdown, as defined in this subpart,
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40
CFR part 60, appendix A-7 of this part;
(7) Compliance with the particulate matter emission limit must be
determined based on the 30-day rolling average calculated using
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, Appendix A-7 of the part from the 1-hour arithmetic average of
the CEMS outlet data.
(8) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified Sec. 60.2735;
(9) The 1-hour arithmetic averages required under paragraph (n)(7)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and
must be used to calculate the 30-day rolling average emission
concentrations. CEMS data during startup and shutdown, as defined in
this subpart, are not corrected to 7 percent oxygen, and are measured
at stack oxygen content. The 1-hour arithmetic averages must be
calculated using the data points required under Sec. 60.13(e)(2);
(10) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum CEMS data requirements of
paragraph (n)(8) of this section are not met;
(11) The CEMS must be operated according to performance
specification 11 in appendix B of this part;
(12) During each relative accuracy test run of the CEMS required by
performance specification 11 in appendix B of this part, particulate
matter and oxygen (or carbon dioxide) data must be collected
concurrently (or within a 30-to 60-minute period) by both the CEMS and
the following test methods:

[[Page 41019]]

(i) For particulate matter, EPA Reference Method 5 at 40 CFR part
60, appendix A-3 must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B
at 40 CFR part 60, appendix A-2, as applicable, must be used; and
(13) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 2 in appendix F of
this part.
(o) To demonstrate continuous compliance with the carbon monoxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the carbon monoxide annual performance
test to demonstrate compliance with the carbon monoxide emissions
limits:
(1) Install, calibrate, maintain, and operate a CEMS for measuring
carbon monoxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
4B of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part and the procedures under Sec. 60.13 must be
followed for installation, evaluation, and operation of the CEMS; and
(2) Following the date that the initial performance test for carbon
monoxide is completed or is required to be completed under Sec.
60.2690, compliance with the carbon monoxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, using CEMS outlet data. Except for
CEMS data during startup and shutdown, as defined in this subpart, the
1-hour arithmetic averages must be expressed in parts per million
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data collected during
startup or shutdown, as defined in this subpart, are not corrected to 7
percent oxygen, and are measured at stack oxygen content. The 1-hour
arithmetic averages must be calculated using the data points required
under Sec. 60.13(e)(2).
(p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
(q) For energy recovery units with a heat input capacity of 100
MMBtu per hour or greater that do not use a carbon monoxide CEMS, you
must install, operate and maintain the continuous oxygen monitoring
system as defined in Sec. 60.2875 according to the procedures in
paragraphs (q)(1) through (4) of this section:
(1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec. 60.2675;
(2) You must operate the oxygen trim system within compliance with
paragraph (q)(3) of this section at all times;
(3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen according
to paragraph (q)(4) of this section is not below the lowest hourly
average oxygen concentration measured during the most recent CO
performance test; and
(4) You must calculate and record a 30-day rolling average oxygen
concentration using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
(r) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (r)(1) through (8) of
this section. For other energy recovery units, you may elect to use PM
CPMS operated in accordance with this section. PM CPMS are suitable in
lieu of using other CMS for monitoring PM compliance (e.g., bag leak
detectors, ESP secondary power, PM scrubber pressure):
(1) Install, calibrate, operate, and maintain your PM CPMS
according to the procedures in your approved site-specific monitoring
plan developed in accordance with Sec. 60.2710(l) and (r)(1)(i)
through (iii) of this section:
(i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta
attenuation, or mass accumulation of the exhaust gas or representative
sample. The reportable measurement output from the PM CPMS must be
expressed as milliamps or the digital signal equivalent;
(ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes; and
(iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
(2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec. 60.2675.
(3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps or the digital signal equivalent.
(4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps or digital bits).
(5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (r)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
(6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
(i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
(ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report); and
(iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
(7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return

[[Page 41020]]

the PM CPMS to operation consistent with your site-specific monitoring
plan.
(8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
(i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
(ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value;
(iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify the operation of the emissions control device(s). Within 45
days of the deviation, you must re-establish the CPMS operating limit.
You are not required to conduct additional testing for any deviations
that occur between the time of the original deviation and the PM
emissions compliance test required under this paragraph; and
(iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
(s) If you use a dry scrubber to comply with the emission limits of
this subpart, you must monitor the injection rate of each sorbent and
maintain the 3-hour block averages at or above the operating limits
established during the hydrogen chloride performance test.

Sec. 60.2735 Is there a minimum amount of monitoring data I must
obtain?

For each continuous monitoring system required or optionally
allowed under Sec. 60.2730, you must monitor and collect data
according to this section:
(a) You must operate the monitoring system and collect data at all
required intervals at all times compliance is required except for
periods of monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec. 60.2770(o)), and required
monitoring system quality assurance or quality control activities
including, as applicable, calibration checks and required zero and span
adjustments. A monitoring system malfunction is any sudden, infrequent,
not reasonably preventable failure of the monitoring system to provide
valid data. Monitoring system failures that are caused in part by poor
maintenance or careless operation are not malfunctions. You are
required to effect monitoring system repairs in response to monitoring
system malfunctions or out-of-control periods and to return the
monitoring system to operation as expeditiously as practicable.
(b) You may not use data recorded during the monitoring system
malfunctions, repairs associated with monitoring system malfunctions or
out-of control periods, or required monitoring system quality assurance
or control activities in calculations used to report emissions or
operating levels. You must use all the data collected during all other
periods, including data normalized for above scale readings, in
assessing the operation of the control device and associated control
system.
(c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions
or out-of-control periods, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments, failure to
collect required data is a deviation of the monitoring requirements.

Model Rule--Recordkeeping and Reporting

Sec. 60.2740 What records must I keep?

You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (w) of this section for a period
of at least 5 years:
(a) Calendar date of each record;
(b) Records of the data described in paragraphs (b)(1) through (6)
of this section:
(1) The CISWI unit charge dates, times, weights, and hourly charge
rates;
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable;
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable;
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable;
(5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec. 60.2675(d) through (g) or
Sec. 60.2680, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits. For
energy recovery units using activated carbon injection or a dry
scrubber, you must also maintain records of the load fraction and
corresponding sorbent injection rate records; and
(6) If a fabric filter is used to comply with the emission
limitations, you must record the date, time, and duration of each alarm
and the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
You must also record the percent of operating time during each 6-month
period that the alarm sounds, calculated as specified in Sec.
60.2675(c).
(c)-(d) [Reserved]
(e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 3 of this subpart or a
deviation from other operating limits established under Sec.
60.2675(d) through (g) or Sec. 60.2680 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
(f) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations.
(g) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2660(a) as required by
Sec. 60.2660(b), including the date of the initial review and all
subsequent annual reviews.
(h) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2635, met
the criteria for qualification under Sec. 60.2645, and maintained or
renewed their qualification under Sec. 60.2650 or Sec. 60.2655.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
(i) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(j) Records of calibration of any monitoring devices as required
under Sec. 60.2730.
(k) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(l) The information listed in Sec. 60.2660(a).
(m) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required).
(n) Maintain records of the annual air pollution control device
inspections that are required for each CISWI unit subject to the
emissions limits in table

[[Page 41021]]

2 of this subpart or tables 6 through 9 of this subpart, any required
maintenance and any repairs not completed within 10 days of an
inspection or the timeframe established by the state regulatory agency.
(o) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems:
(1) All 6-minute average levels of opacity;
(2) All 1-hour average concentrations of sulfur dioxide emissions.
You must indicate which data are CEMS data during startup and shutdown;
(3) All 1-hour average concentrations of nitrogen oxides emissions.
You must indicate which data are CEMS data during startup and shutdown;
(4) All 1-hour average concentrations of carbon monoxide emissions.
You must indicate which data are CEMS data during startup and shutdown;
(5) All 1-hour average concentrations of particulate matter
emissions. You must indicate which data are CEMS data during startup
and shutdown;
(6) All 1-hour average concentrations of mercury emissions. You
must indicate which data are CEMS data during startup and shutdown;
(7) All 1-hour average concentrations of hydrogen chloride
emissions. You must indicate which data are CEMS data during startup
and shutdown;
(8) All 1-hour average percent oxygen concentrations; and
(9) All 1-hour average PM CPMS readings or particulate matter CEMS
outputs.
(p) Records indicating use of the bypass stack, including dates,
times and durations.
(q) If you choose to stack test less frequently than annually,
consistent with Sec. 60.2720(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
(r) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
(s) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
(t) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
(u) For operating units that combust non-hazardous secondary
materials that have been determined not to be solid waste pursuant to
Sec. 241.3(b)(1) of this chapter, you must keep a record which
documents how the secondary material meets each of the legitimacy
criteria under Sec. 241.3(d)(1). If you combust a fuel that has been
processed from a discarded non-hazardous secondary material pursuant to
Sec. 241.3(b)(4), you must keep records as to how the operations that
produced the fuel satisfies the definition of processing in Sec. 241.2
and each of the legitimacy criteria in Sec. 241.3(d)(1) of this
chapter. If the fuel received a non-waste determination pursuant to the
petition process submitted under Sec. 241.3(c), you must keep a record
that documents how the fuel satisfies the requirements of the petition
process. For operating units that combust non-hazardous secondary
materials as fuel per Sec. 241.4, you must keep records documenting
that the material is a listed non-waste under Sec. 241.4(a).
(v) Records of the criteria used to establish that the unit
qualifies as a small power production facility under section 3(17)(C)
of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste
material the unit is proposed to burn is homogeneous.
(w) Records of the criteria used to establish that the unit
qualifies as a cogeneration facility under section 3(18)(B) of the
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material
the unit is proposed to burn is homogeneous.

Sec. 60.2745 Where and in what format must I keep my records?

All records must be available onsite in either paper copy or
computer-readable format that can be printed upon request, unless an
alternative format is approved by the Administrator.

Sec. 60.2750 What reports must I submit?

See table 5 of this subpart for a summary of the reporting
requirements.

Sec. 60.2755 When must I submit my waste management plan?

You must submit the waste management plan no later than the date
specified in table 1 of this subpart for submittal of the final control
plan.

Sec. 60.2760 What information must I submit following my initial
performance test?

You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager:
(a) The complete test report for the initial performance test
results obtained under Sec. 60.2700, as applicable;
(b) The values for the site-specific operating limits established
in Sec. 60.2675 or Sec. 60.2680; and
(c) If you are using a fabric filter to comply with the emission
limitations, documentation that a bag leak detection system has been
installed and is being operated, calibrated, and maintained as required
by Sec. 60.2730(b).

Sec. 60.2765 When must I submit my annual report?

You must submit an annual report no later than 12 months following
the submission of the information in Sec. 60.2760. You must submit
subsequent reports no more than 12 months following the previous
report. (If the unit is subject to permitting requirements under title
V of the Clean Air Act, you may be required by the permit to submit
these reports more frequently.)

Sec. 60.2770 What information must I include in my annual report?

The annual report required under Sec. 60.2765 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec. 60.2775,
60.2780, and 60.2785:
(a) Company name and address;
(b) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report;
(c) Date of report and beginning and ending dates of the reporting
period;
(d) The values for the operating limits established pursuant to
Sec. 60.2675 or Sec. 60.2680;
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period;
(f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for
the calendar year being reported;
(g) Information recorded under Sec. 60.2740(b)(6) and (c) through
(e) for the calendar year being reported;

[[Page 41022]]

(h) For each performance test conducted during the reporting
period, if any performance test is conducted, the process unit(s)
tested, the pollutant(s) tested and the date that such performance test
was conducted. Submit, following the procedure specified in Sec.
60.2795(b)(1), the performance test report no later than the date that
you submit the annual report;
(i) If you met the requirements of Sec. 60.2720(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec. 60.2720(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period;
(j) Documentation of periods when all qualified CISWI unit
operators were unavailable for more than 8 hours, but less than 2
weeks;
(k) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec. 60.11(d), including actions taken to correct a malfunction;
(l) For each deviation from an emission or operating limitation
that occurs for a CISWI unit for which you are not using a CMS to
comply with the emission or operating limitations in this subpart, the
annual report must contain the following information:
(1) The total operating time of the CISWI unit at which the
deviation occurred during the reporting period; and
(2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(m) If there were periods during which the continuous monitoring
system, including the CEMS, was out of control as specified in
paragraph (o) of this section, the annual report must contain the
following information for each deviation from an emission or operating
limitation occurring for a CISWI unit for which you are using a
continuous monitoring system to comply with the emission and operating
limitations in this subpart:
(1) The date and time that each malfunction started and stopped;
(2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks;
(3) The date, time, and duration that each continuous monitoring
system was out-of-control, including start and end dates and hours and
descriptions of corrective actions taken;
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period;
(5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period;
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes;
(7) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the CISWI unit at which the continuous monitoring
system downtime occurred during that reporting period;
(8) An identification of each parameter and pollutant that was
monitored at the CISWI unit;
(9) A brief description of the CISWI unit;
(10) A brief description of the continuous monitoring system;
(11) The date of the latest continuous monitoring system
certification or audit; and
(12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
(n) If there were periods during which the continuous monitoring
system, including the CEMS, was not out of control as specified in
paragraph (o) of this section, a statement that there were not periods
during which the continuous monitoring system was out of control during
the reporting period.
(o) A continuous monitoring system is out of control if any of the
following occur:
(1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard;
(2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit; and
(3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.
(p) For energy recovery units, include the annual heat input and
average annual heat input rate of all fuels being burned in the unit to
verify which subcategory of energy recovery unit applies.

Sec. 60.2775 What else must I report if I have a deviation from the
operating limits or the emission limitations?

Sec. 60.2780 What must I include in the deviation report?

In each report required under Sec. 60.2775, for any pollutant or
parameter that deviated from the emission limitations or operating
limits specified in this subpart, include the four items described in
paragraphs (a) through (d) of this section:
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements;
(b) The averaged and recorded data for those dates;
(c) Durations and causes of the following:
(1) Each deviation from emission limitations or operating limits
and your corrective actions; and
(2) Bypass events and your corrective actions.
(d) A copy of the operating limit monitoring data during each
deviation and for any test report that documents the emission levels
the process unit(s) tested, the pollutant(s) tested and the date that
the performance test was conducted. Submit, following the procedure
specified in Sec. 60.2795(b)(1), the performance test report no later
than the date that you submit the deviation report.

[[Page 41023]]

Sec. 60.2785 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

(a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section:
(1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section:
(i) A statement of what caused the deviation;
(ii) A description of what you are doing to ensure that a qualified
operator is accessible; and
(iii) The date when you anticipate that a qualified operator will
be available.
(2) Submit a status report to the Administrator every 4 weeks that
includes the three items in paragraphs (a)(2)(i) through (iii) of this
section:
(i) A description of what you are doing to ensure that a qualified
operator is accessible;
(ii) The date when you anticipate that a qualified operator will be
accessible; and
(iii) Request approval from the Administrator to continue operation
of the CISWI unit.
(b) If your unit was shut down by the Administrator, under the
provisions of Sec. 60.2665(b)(2), due to a failure to provide an
accessible qualified operator, you must notify the Administrator that
you are resuming operation once a qualified operator is accessible.

Sec. 60.2790 Are there any other notifications or reports that I must
submit?

(a) Yes. You must submit notifications as provided by Sec. 60.7.
(b) If you cease combusting solid waste but continue to operate,
you must provide 30 days prior notice of the effective date of the
waste-to-fuel switch, consistent with Sec. 60.2710(a). The
notification must identify:
(1) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
(2) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
(3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI
unit is currently combusting and has combusted over the past 6 months,
and the fuel(s) or non-waste materials the unit will commence
combusting;
(4) The date on which you became subject to the currently
applicable emission limits; and
(5) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (b)(2) and (3) of this section.

Sec. 60.2795 In what form can I submit my reports?

(a) Submit initial, annual and deviation reports electronically on
or before the submittal due dates. Submit the reports to the EPA via
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this
subpart or an alternate electronic file format consistent with the
extensible markup language (XML) schema listed on the CEDRI Web site
(https://www3.epa.gov/ttn/chief/cedri/), once the XML schema
is available. If the reporting form specific to this subpart is not
available in CEDRI at the time that the report is due, submit the
report to the Administrator at the appropriate address listed in Sec.
60.4. Once the form has been available in CEDRI for 90 calendar days,
you must begin submitting all subsequent reports via CEDRI. The reports
must be submitted by the deadlines specified in this subpart,
regardless of the method in which the report is submitted.
(b) Submit results of each performance test and CEMS performance
evaluation required by this subpart as follows:
(1) Within 60 days after the date of completing each performance
test (see Sec. 60.8) required by this subpart, you must submit the
results of the performance test following the procedure specified in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
(i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the CEDRI. (CEDRI can be accessed through the EPA's 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 XML schema listed on the
EPA's ERT Web site. If you claim that some of the performance test
information being submitted 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 disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described earlier in
this paragraph; and
(ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec. 60.4.
(2) Within 60 days after the date of completing each continuous
emissions monitoring system performance evaluation you must submit the
results of the performance evaluation following the procedure specified
in either paragraph (b)(1) or (b)(2) of this section:
(i) For performance evaluations of continuous monitoring systems
measuring relative accuracy test audit (RATA) pollutants that are
supported by the EPA's ERT as listed on the EPA's ERT Web site at the
time of the evaluation, you must submit the results of the performance
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the
EPA's CDX.) Performance evaluation data must be submitted in a file
format generated through the use of the EPA's ERT 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
submitted 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 disc, 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 the EPA's CDX as
described earlier in this paragraph; and
(ii) For any performance evaluations of continuous monitoring
systems measuring RATA pollutants that are not supported by the EPA's
ERT as listed on the EPA's ERT Web site at the time of

[[Page 41024]]

the evaluation, you must submit the results of the performance
evaluation to the Administrator at the appropriate address listed in
Sec. 60.4.

Sec. 60.2800 Can reporting dates be changed?

If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec. 60.19(c) for procedures to seek
approval to change your reporting date.

Model Rule--Title V Operating Permits

Sec. 60.2805 Am I required to apply for and obtain a Title V
operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator subject to
standards under this subpart must operate pursuant to a permit issued
under Clean Air Act sections 129(e) and Title V.

Model Rule--Air Curtain Incinerators

Sec. 60.2810 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open chamber or open pit in which combustion
occurs. Incinerators of this type can be constructed above or below
ground and with or without refractory walls and floor. (Air curtain
incinerators are not to be confused with conventional combustion
devices with enclosed fireboxes and controlled air technology such as
mass burn, modular, and fluidized bed combustors.)
(b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (3) of this section are only required to meet
the requirements under Sec. 60.2805 and under ``Air Curtain
Incinerators'' (Sec. Sec. 60.2810 through 60.2870):
(1) 100 percent wood waste;
(2) 100 percent clean lumber; and
(3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Sec. 60.2815 What are my requirements for meeting increments of
progress and achieving final compliance?

Sec. 60.2820 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for each of the
increments of progress.

Sec. 60.2825 What must I include in the notifications of achievement
of increments of progress?

Your notification of achievement of increments of progress must
include the three items described in paragraphs (a) through (c) of this
section:
(a) Notification that the increment of progress has been achieved;
(b) Any items required to be submitted with each increment of
progress (see Sec. 60.2840); and
(c) Signature of the owner or operator of the incinerator.

Sec. 60.2830 When must I submit the notifications of achievement of
increments of progress?

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

Sec. 60.2835 What if I do not meet an increment of progress?

Sec. 60.2840 How do I comply with the increment of progress for
submittal of a control plan?

For your control plan increment of progress, you must satisfy the
two requirements specified in paragraphs (a) and (b) of this section:
(a) Submit the final control plan, including a description of any
devices for air pollution control and any process changes that you will
use to comply with the emission limitations and other requirements of
this subpart; and
(b) Maintain an onsite copy of the final control plan.

Sec. 60.2845 How do I comply with the increment of progress for
achieving final compliance?

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

Sec. 60.2850 What must I do if I close my air curtain incinerator and
then restart it?

(a) If you close your incinerator but will reopen it prior to the
final compliance date in your state plan, you must meet the increments
of progress specified in Sec. 60.2815.
(b) If you close your incinerator but will restart it after your
final compliance date, you must complete emission control retrofits and
meet the emission limitations on the date your incinerator restarts
operation.

Sec. 60.2855 What must I do if I plan to permanently close my air
curtain incinerator and not restart it?

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

Sec. 60.2860 What are the emission limitations for air curtain
incinerators?

After the date the initial stack test is required or completed
(whichever is earlier), you must meet the limitations in paragraphs (a)
and (b) of this section:
(a) Maintain opacity to less than or equal to 10 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values), except as described in paragraph (b)
of this section; and
(b) Maintain opacity to less than or equal to 35 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values) during the startup period that is
within the first 30 minutes of operation.

Sec. 60.2865 How must I monitor opacity for air curtain incinerators?

(a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8
no later than 180 days after your final compliance date.
(c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.

Sec. 60.2870 What are the recordkeeping and reporting requirements
for air curtain incinerators?

(a) Keep records of results of all initial and annual opacity tests
onsite in either paper copy or electronic format, unless the
Administrator approves another format, for at least 5 years.
(b) Make all records available for submittal to the Administrator
or for an inspector's onsite review.
(c) Submit an initial report no later than 60 days following the
initial opacity test that includes the information specified in
paragraphs (c)(1) and (2) of this section:

[[Page 41025]]

(1) The types of materials you plan to combust in your air curtain
incinerator; and
(2) The results (as determined by the average of three 1-hour
blocks consisting of ten 6-minute average opacity values) of the
initial opacity tests.
(d) Submit annual opacity test results within 12 months following
the previous report.
(e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date and keep a copy
onsite for a period of 5 years.

Model Rule--Definitions

Sec. 60.2875 What definitions must I know?

Terms used but not defined in this subpart are defined in the Clean
Air Act and subparts A and B of this part.
30-day rolling average means the arithmetic mean of the previous
720 hours of valid operating data. Valid data excludes periods when
this unit is not operating. The 720 hours should be consecutive, but
not necessarily continuous if operations are intermittent.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or Administrator
of a State Air Pollution Control Agency.
Agricultural waste means vegetative agricultural materials such as
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and
grounds, and other vegetative waste materials generated as a result of
agricultural operations.
Air curtain incinerator means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of this type can be constructed
above or below ground and with or without refractory walls and floor.
(Air curtain incinerators are not to be confused with conventional
combustion devices with enclosed fireboxes and controlled air
technology such as mass burn, modular, and fluidized bed combustors.)
Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Average annual heat input rate means annual heat input divided by
the hours of operation for the 12 months preceding the compliance
demonstration.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance, or
other principle to monitor relative particulate matter loadings.
Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit. A burn-off oven is not an incinerator,
waste-burning kiln, an energy recovery unit or a small, remote
incinerator under this subpart.
Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
CEMS data during startup and shutdown means the following:
(1) For incinerators and small remote incinerators: CEMS data
collected during the first hours of operation of a CISWI unit startup
from a cold start until waste is fed into the unit and the hours of
operation following the cessation of waste material being fed to the
CISWI unit during a unit shutdown. For each startup event, the length
of time that CEMS data may be claimed as being CEMS data during startup
must be 48 operating hours or less. For each shutdown event, the length
of time that CEMS data may be claimed as being CEMS data during
shutdown must be 24 operating hours or less;
(2) For energy recovery units: CEMS data collected during the
startup or shutdown periods of operation. Startup begins with either
the first-ever firing of fuel in a boiler or process heater for the
purpose of supplying useful thermal energy (such as steam or heat) for
heating, cooling or process purposes, or producing electricity, or the
firing of fuel in a boiler or process heater for any purpose after a
shutdown event. Startup ends four hours after when the boiler or
process heater makes useful thermal energy (such as heat or steam) for
heating, cooling, or process purposes, or generates electricity,
whichever is earlier. Shutdown begins when the boiler or process heater
no longer makes useful thermal energy (such as heat or steam) for
heating, cooling, or process purposes and/or generates electricity or
when no fuel is being fed to the boiler or process heater, whichever is
earlier. Shutdown ends when the boiler or process heater no longer
makes useful thermal energy (such as steam or heat) for heating,
cooling, or process purposes and/or generates electricity, and no fuel
is being combusted in the boiler or process heater; and
(3) For waste-burning kilns: CEMS data collected during the periods
of kiln operation that do not include normal operations. Startup means
the time from when a shutdown kiln first begins firing fuel until it
begins producing clinker. Startup begins when a shutdown kiln turns on
the induced draft fan and begins firing fuel in the main burner.
Startup ends when feed is being continuously introduced into the kiln
for at least 120 minutes or when the feed rate exceeds 60 percent of
the kiln design limitation rate, whichever occurs first. Shutdown means
the cessation of kiln operation. Shutdown begins when feed to the kiln
is halted and ends when continuous kiln rotation ceases.
Chemical recovery unit means combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. A chemical recovery unit is not an
incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart. The following seven types of
units are considered chemical recovery units:
(1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process;
(2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid;
(3) Units burning only wood or coal feedstock for the production of
charcoal;
(4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals that are reclaimed and reused as catalysts
or used to produce commercial grade catalysts;
(5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds;
(6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes; and
(7) Units burning only photographic film to recover silver.
Chemotherapeutic waste means waste material resulting from the
production or use of antineoplastic agents used for

[[Page 41026]]

the purpose of stopping or reversing the growth of malignant cells.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote.
Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec. 241.2 that have been discarded, and you do not keep and
produce records as required by Sec. 60.2740(u), the operating unit is
a CISWI unit. While not all CISWI units will include all of the
following components, a CISWI unit includes, but is not limited to, the
solid waste feed system, grate system, flue gas system, waste heat
recovery equipment, if any, and bottom ash system. The CISWI unit does
not include air pollution control equipment or the stack. The CISWI
unit boundary starts at the solid waste hopper (if applicable) and
extends through two areas: The combustion unit flue gas system, which
ends immediately after the last combustion chamber or after the waste
heat recovery equipment, if any; and the combustion unit bottom ash
system, which ends at the truck loading station or similar equipment
that transfers the ash to final disposal. The CISWI unit includes all
ash handling systems connected to the bottom ash handling system.
Contained gaseous material means gases that are in a container when
that container is combusted.
Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze, and provide a record of emissions.
Continuous monitoring system (CMS) means the total equipment,
required under the emission monitoring sections in applicable subparts,
used to sample and condition (if applicable), to analyze, and to
provide a permanent record of emissions or process parameters. A
particulate matter continuous parameter monitoring system (PM CPMS) is
a type of CMS.
Cyclonic burn barrel means a combustion device for waste materials
that is attached to a 55 gallon, open-head drum. The device consists of
a lid, which fits onto and encloses the drum, and a blower that forces
combustion air into the drum in a cyclonic manner to enhance the mixing
of waste material and air. A cyclonic burn barrel is not an
incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements; and
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Discard means, for purposes of this subpart and 40 CFR part 60,
subpart DDDD, only, burned in an incineration unit without energy
recovery.
Drum reclamation unit means a unit that burns residues out of drums
(e.g., 55 gallon drums) so that the drums can be reused.
Dry scrubber means an add-on air pollution control system that
injects dry alkaline sorbent (dry injection) or sprays an alkaline
sorbent (spray dryer) to react with and neutralize acid gas in the
exhaust stream forming a dry powder material. Sorbent injection systems
in fluidized bed boilers and process heaters are included in this
definition. A dry scrubber is a dry control system.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator in 40 CFR part 241) for
energy recovery. Energy recovery units include units that would be
considered boilers and process heaters if they did not combust solid
waste.
Energy recovery unit designed to burn biomass (Biomass) means an
energy recovery unit that burns solid waste, biomass, and non-coal
solid materials but less than 10 percent coal, on a heat input basis on
an annual average, either alone or in combination with liquid waste,
liquid fuel or gaseous fuels.
Energy recovery unit designed to burn coal (Coal) means an energy
recovery unit that burns solid waste and at least 10 percent coal on a
heat input basis on an annual average, either alone or in combination
with liquid waste, liquid fuel or gaseous fuels.
Energy recovery unit designed to burn liquid waste materials and
gas (Liquid/gas) means an energy recovery unit that burns a liquid
waste with liquid or gaseous fuels not combined with any solid fuel or
waste materials.
Energy recovery unit designed to burn solid materials (Solids)
includes energy recovery units designed to burn coal and energy
recovery units designed to burn biomass
Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
Foundry sand thermal reclamation unit means a type of part
reclamation unit that removes coatings that are on foundry sand. A
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
Incinerator means any furnace used in the process of combusting
solid waste (as that term is defined by the Administrator in 40 CFR
part 241) for the purpose of reducing the volume of the waste by
removing combustible matter. Incinerator designs include single chamber
and two-chamber.
In-line coal mill means those coal mills using kiln exhaust gases
in their process. Coal mills with a heat source other than the kiln or
coal mills using exhaust gases from the clinker cooler alone are not an
in-line coal mill.
In-line kiln/raw mill means a system in a Portland Cement
production process where a dry kiln system is integrated with the raw
mill so that all or a portion of the kiln exhaust gases are used to
perform the drying operation of the raw mill, with no auxiliary heat
source used. In this system the kiln is capable of operating without
the raw mill operating, but the raw mill cannot operate without the
kiln gases, and consequently, the raw mill does not generate a separate
exhaust gas stream.
Kiln means an oven or furnace, including any associated preheater
or precalciner devices, in-line raw mills, in-line coal mills or alkali
bypasses used for processing a substance by burning, firing or drying.
Kilns include cement kilns that produce clinker by heating limestone
and other materials for subsequent production of Portland Cement.
Because the alkali bypass, in-line raw mill and in-line coal mill are
considered an integral part of the kiln, the kiln emissions limits also
apply to

[[Page 41027]]

the exhaust of the alkali bypass, in-line raw mill and in-line coal
mill.
Laboratory analysis unit means units that burn samples of materials
for the purpose of chemical or physical analysis. A laboratory analysis
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
Load fraction means the actual heat input of an energy recovery
unit divided by heat input during the performance test that established
the minimum sorbent injection rate or minimum activated carbon
injection rate, expressed as a fraction (e.g., for 50 percent load the
load fraction is 0.5).
Low-level radioactive waste means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable federal or
state standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
during the most recent particulate matter or mercury performance test
demonstrating compliance with the applicable emission limits.
Modification or modified CISWI unit means a CISWI unit that has
been changed later than August 7, 2013, and that meets one of two
criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit; and
(2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which section 129 or section 111 of the Clean Air Act has
established standards.
Municipal solid waste or municipal-type solid waste means
household, commercial/retail, or institutional waste. Household waste
includes material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing. Commercial/retail
waste includes material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at industrial facilities, and
other similar establishments or facilities. Institutional waste
includes materials discarded by schools, by hospitals (nonmedical), by
nonmanufacturing activities at prisons and government facilities, and
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste
does not include used oil; sewage sludge; wood pallets; construction,
renovation, and demolition wastes (which include railroad ties and
telephone poles); clean wood; industrial process or manufacturing
wastes; medical waste; or motor vehicles (including motor vehicle parts
or vehicle fluff).
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI unit.
Oxygen analyzer system means all equipment required to determine
the oxygen content of a gas stream and used to monitor oxygen in the
boiler or process heater flue gas, boiler/process heater, firebox, or
other appropriate location. This definition includes oxygen trim
systems and certified oxygen CEMS. The source owner or operator is
responsible to install, calibrate, maintain, and operate the oxygen
analyzer system in accordance with the manufacturer's recommendations.
Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device over
its operating range. A typical system consists of a flue gas oxygen
and/or carbon monoxide monitor that automatically provides a feedback
signal to the combustion air controller or draft controller.
Part reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
Particulate matter means total particulate matter emitted from
CISWI units as measured by Method 5 or Method 29 of appendix A of this
part.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
Process change means any of the following physical or operational
changes:
(1) A physical change (maintenance activities excluded) to the
CISWI unit which may increase the emission rate of any air pollutant to
which a standard applies;
(2) An operational change to the CISWI unit where a new type of
non-hazardous secondary material is being combusted;
(3) A physical change (maintenance activities excluded) to the air
pollution control devices used to comply with the emission limits for
the CISWI unit (e.g., replacing an electrostatic precipitator with a
fabric filter); and
(4) An operational change to the air pollution control devices used
to comply with the emission limits for the affected CISWI unit (e.g.,
change in the sorbent injection rate used for activated carbon
injection).
Rack reclamation unit means a unit that burns the coatings off
racks used to hold small items for application of a coating. The unit
burns the coating overspray off the rack so the rack can be reused.
Raw mill means a ball or tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
Reconstruction means rebuilding a CISWI unit and meeting two
criteria:
(1) The reconstruction begins on or after August 7, 2013; and
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the CISWI unit (not including land) updated to current
costs (current

[[Page 41028]]

dollars). To determine what systems are within the boundary of the
CISWI unit used to calculate these costs, see the definition of CISWI
unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel; and
(2) Pelletized refuse-derived fuel.
Responsible official means one of the following:
(1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
(ii) The delegation of authority to such representatives is
approved in advance by the permitting authority;
(2) For a partnership or sole proprietorship: a general partner or
the proprietor, respectively;
(3) For a municipality, state, federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
(4) For affected facilities:
(i) The designated representative in so far as actions, standards,
requirements, or prohibitions under Title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
(ii) The designated representative for any other purposes under
part 60.
Shutdown means, for incinerators and small, remote incinerators,
the period of time after all waste has been combusted in the primary
chamber.
Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator in 40 CFR part 241)
and combusts 3 tons per day or less solid waste and is more than 25
miles driving distance to the nearest municipal solid waste landfill.
Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil
treatment unit may be direct-fired or indirect fired. A soil treatment
unit is not an incinerator, a waste-burning kiln, an energy recovery
unit or a small, remote incinerator under this subpart.
Solid waste means the term solid waste as defined in 40 CFR 241.2.
Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste (as that term is defined by
the Administrator in 40 CFR part 241) material from commercial or
industrial establishments or the general public (including single and
multiple residences, hotels and motels). Such term does not include
incinerators or other units required to have a permit under section
3005 of the Solid Waste Disposal Act. The term ``solid waste
incineration unit'' does not include:
(1) Materials recovery facilities (including primary or secondary
smelters) which combust waste for the primary purpose of recovering
metals;
(2) Qualifying small power production facilities, as defined in
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as defined in section 3(18)(B) of
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous
waste (such as units which burn tires or used oil, but not including
refuse-derived fuel) for the production of electric energy or in the
case of qualifying cogeneration facilities which burn homogeneous waste
for the production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial, commercial,
heating or cooling purposes; or
(3) Air curtain incinerators provided that such incinerators only
burn wood wastes, yard wastes and clean lumber and that such air
curtain incinerators comply with opacity limitations to be established
by the Administrator by rule.
Space heater means a unit that meets the requirements of 40 CFR
279.23. A space heater is not an incinerator, a waste-burning kiln, an
energy recovery unit or a small, remote incinerator under this subpart.
Standard conditions, when referring to units of measure, means a
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1
atmosphere (101.3 kilopascals).
Startup period means, for incinerators and small, remote
incinerators, the period of time between the activation of the system
and the first charge to the unit.
Useful thermal energy means energy (i.e., steam, hot water, or
process heat) that meets the minimum operating temperature and/or
pressure required by any energy use system that uses energy provided by
the affected energy recovery unit.
Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as the term is defined by the
Administrator in 40 CFR part 241). Secondary materials used in Portland
cement kilns shall not be deemed to be combusted unless they are
introduced into the flame zone in the hot end of the kiln or mixed with
the precalciner fuel.
Wet scrubber means an add-on air pollution control device that uses
an aqueous or alkaline scrubbing liquor to collect particulate matter
(including nonvaporous metals and condensed organics) and/or to absorb
and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands;
(2) Construction, renovation, or demolition wastes; or
(3) Clean lumber.

[[Page 41029]]

Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
and Compliance Schedules
------------------------------------------------------------------------
Comply with these increments of progress By these dates \1\
------------------------------------------------------------------------
Increment 1--Submit final control plan.... (Dates to be specified in
state plan).
Increment 2--Final compliance............. (Dates to be specified in
state plan).\2\
------------------------------------------------------------------------
\1\ Site-specific schedules can be used at the discretion of the state.
\2\ The date can be no later than 3 years after the effective date of
state plan approval or December 1, 2005 for CISWI units that commenced
construction on or before November 30, 1999. The date can be no later
than 3 years after the effective date of approval of a revised state
plan or February 7, 2018, for CISWI units that commenced construction
on or before June 4, 2010.

Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators Before
[Date to be specified in state plan] \2\
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \1\ time method
----------------------------------------------------------------------------------------------------------------
Cadmium.............................. 0.004 milligrams per 3-run average (1 hour Performance test
dry standard cubic minimum sample time (Method 29 of appendix
meter. per run). A of this part).
Carbon monoxide...................... 157 parts per million 3-run average (1 hour Performance test
by dry volume. minimum sample time (Method 10, 10A, or
per run). 10B, of appendix A of
this part).
Dioxins/furans (toxic equivalency 0.41 nanograms per dry 3-run average (1 hour Performance test
basis). standard cubic meter. minimum sample time (Method 23 of appendix
per run). A of this part).
Hydrogen chloride.................... 62 parts per million by 3-run average (For Performance test
dry volume. Method 26, collect a (Method 26 or 26A at
minimum volume of 120 40 CFR part 60,
liters per run. For appendix A-8).
Method 26A, collect a
minimum volume of 1
dry standard cubic
meter per run).
Lead................................. 0.04 milligrams per dry 3-run average (1 hour Performance test
standard cubic meter. minimum sample time (Method 29 of appendix
per run). A of this part)
Mercury.............................. 0.47 milligrams per dry 3-run average (1 hour Performance test
standard cubic meter. minimum sample time (Method 29 or 30B at
per run). 40 CFR part 60,
appendix A-8) or ASTM
D6784-02 (Reapproved
2008).\3\
Opacity.............................. 10 percent............. Three 1-hour blocks Performance test
consisting of ten 6- (Method 9 at 40 CFR
minute average opacity part 60, appendix A-
values. 4).
Oxides of nitrogen................... 388 parts per million 3-run average (1 hour Performance test
by dry volume. minimum sample time (Methods 7 or 7E at 40
per run). CFR part 60, appendix
A-4).
Particulate matter................... 70 milligrams per dry 3-run average (1 hour Performance test
standard cubic meter. minimum sample time (Method 5 or 29 of
per run). appendix A of this
part).
Sulfur dioxide....................... 20 parts per million by 3-run average (1 hour Performance test
dry volume. minimum sample time (Method 6 or 6c of
per run). appendix A of this
part).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.
\2\ Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior
to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of
approval of a revised state plan or February 7, 2018.
\3\ Incorporated by reference, see Sec. 60.17.

Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for Wet Scrubbers
--------------------------------------------------------------------------------------------------------------------------------------------------------
And monitor using these minimum frequencies
For these operating parameters You must establish --------------------------------------------------------------------------------------------
these operating limits Data measurement Data recording Averaging time
--------------------------------------------------------------------------------------------------------------------------------------------------------
Charge rate........................ Maximum charge rate... Continuous....................... Every hour....................... Daily (batch units).
3-hour rolling
(continuous and
intermittent
units).\1\
Pressure drop across the wet Minimum pressure drop Continuous....................... Every 15 minutes................. 3-hour rolling.\1\
scrubber or amperage to wet or amperage.
scrubber.
Scrubber liquor flow rate.......... Minimum flow rate..... Continuous....................... Every 15 minutes................. 3-hour rolling.\1\
Scrubber liquor pH................. Minimum pH............ Continuous....................... Every 15 minutes................. 3-hour rolling.\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Calculated each hour as the average of the previous 3 operating hours.

[[Page 41030]]

Table 4 to Subpart DDDD of Part 60--Model Rule--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......... 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin........ 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin........ 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin........ 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin..... 0.01
octachlorinated dibenzo-p-dioxin.................... 0.001
2,3,7,8-tetrachlorinated dibenzofuran............... 0.1
2,3,4,7,8-pentachlorinated dibenzofuran............. 0.5
1,2,3,7,8-pentachlorinated dibenzofuran............. 0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran............ 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran............ 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran............ 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran............ 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran......... 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran......... 0.01
octachlorinated dibenzofuran........................ 0.001
------------------------------------------------------------------------

Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of Reporting Requirements \1\
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan............ No later than the Waste Sec. 60.2755.
date specified in management plan.
table 1 for
submittal of the
final control plan.
Initial Test Report.............. No later than 60 Complete Sec. 60.2760.
days following the test report for
initial performance the initial
test. performance test.
The values
for the site-
specific operating
limits.

Installation of
bag leak detection
systems for fabric
filters.
Annual report.................... No later than 12 Name and Sec. Sec. 60.2765 and 60.2770.
months following address.
the submission of
the initial test
report. Subsequent
reports are to be
submitted no more
than 12 months
following the
previous report.
Statement
and signature by
responsible
official
Date of
report.
Values for
the operating
limits.
Highest
recorded 3-hour
average and the
lowest 3-hour
average, as
applicable, for
each operating
parameter recorded
for the calendar
year being reported.
If a
performance test
was conducted
during the
reporting period,
the results of the
test.
If a
performance test
was not conducted
during the
reporting period, a
statement that the
requirements of
Sec. 60.2720(a)
were met.

Documentation of
periods when all
qualified CISWI
unit operators were
unavailable for
more than 8 hours
but less than 2
weeks.
If you are
conducting
performance tests
once every 3 years
consistent with
Sec. 60.2720(a),
the date of the
last 2 performance
tests, a comparison
of the emission
level you achieved
in the last 2
performance tests
to the 75 percent
emission limit
threshold required
in Sec.
60.2720(a) and a
statement as to
whether there have
been any
operational changes
since the last
performance test
that could increase
emissions.

[[Page 41031]]

Emission limitation or operating By August 1 of that Dates and Sec. 60.2775 and 60.2780.
limit deviation report. year for data times of deviation.
collected during Averaged
the first half of and recorded data
the calendar year. for those dates.
By February 1 of Duration
the following year and causes of each
for data collected deviation and the
during the second corrective actions
half of the taken.
calendar year. Copy of
operating limit
monitoring data
and any test
reports.
Dates,
times and causes
for monitor
downtime incidents.
Qualified Operator Deviation Within 10 days of Statement Sec. 60.2785(a)(1).
Notification. deviation. of cause of
deviation.

Description of
efforts to have an
accessible
qualified operator.
The date a
qualified operator
will be accessible.
Qualified Operator Deviation Every 4 weeks Sec. 60.2785(a)(2).
Status Report. following deviation. Description of
efforts to have an
accessible
qualified operator.
The date a
qualified operator
will be accessible.
Request
for approval to
continue operation.
Qualified Operator Deviation Prior to resuming Sec. 60.2785(b)
Notification of Resumed operation. Notification that
Operation. you are resuming
operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators on and After
[Date to be specified in state plan] \1\
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \2\ time method
----------------------------------------------------------------------------------------------------------------
Cadmium.............................. 0.0026 milligrams per 3-run average (collect Performance test
dry standard cubic a minimum volume of 2 (Method 29 at 40 CFR
meter. dry standard cubic part 60, appendix A-
meters). 8). Use ICPMS for the
analytical finish.
Carbon monoxide...................... 17 parts per million 3-run average (1 hour Performance test
dry volume. minimum sample time (Method 10 at 40 CFR
per run). part 60, appendix A-
4).
Dioxins/furans (total mass basis).... 4.6 nanograms per dry 3-run average (collect Performance test
standard cubic meter. a minimum volume of 2 (Method 23 at 40 CFR
dry standard cubic part 60, appendix A-
meters). 7).
Dioxins/furans (toxic equivalency 0.13 nanograms per dry 3-run average (collect Performance test
basis). standard cubic meter. a minimum volume of 2 (Method 23 at 40 CFR
dry standard cubic part 60, appendix A-
meters). 7).
Hydrogen chloride.................... 29 parts per million 3-run average (For Performance test
dry volume. Method 26, collect a (Method 26 or 26A at
minimum volume of 60 40 CFR part 60,
liters per run. For appendix A-8).
Method 26A, collect a
minimum volume of 1
dry standard cubic
meter per run).
Lead................................. 0.015 milligrams per 3-run average (collect Performance test
dry standard cubic a minimum volume of 2 (Method 29 at 40 CFR
meter \3\. dry standard cubic part 60, appendix A-
meters). 8). Use ICPMS for the
analytical finish.
Mercury.............................. 0.0048 milligrams per 3-run average (For Performance test
dry standard cubic Method 29 an ASTM (Method 29 or 30B at
meter. D6784-02 (Reapproved 40 CFR part 60,
2008) \4\, collect a appendix A-8) or ASTM
minimum volume of 2 D6784-02 (Reapproved
dry standard cubic 2008). \4\
meters per run. For
Method 30B, collect a
minimum sample as
specified in Method
30B at 40 CFR part 60,
appendix A).
Oxides of nitrogen................... 53 parts per million 3-run average (for Performance test
dry volume. Method 7E, 1 hour (Method 7 or 7E at 40
minimum sample time CFR part 60, appendix
per run). A-4).
Particulate matter filterable........ 34 milligrams per dry 3-run average (collect Performance test
standard cubic meter. a minimum volume of 1 (Method 5 or 29 at 40
dry standard cubic CFR part 60, appendix
meter). A-3 or appendix A-8).
Sulfur dioxide....................... 11 parts per million 3-run average (1 hour Performance test
dry volume. minimum sample time (Method 6 or 6c at 40
per run). CFR part 60, appendix
A-4).

[[Page 41032]]

Fugitive ash......................... Visible emissions for Three 1-hour Visible emission test
no more than 5% of the observation periods. (Method 22 at 40 CFR
hourly observation part 60, appendix A-
period. 7).
----------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
revised state plan or February 7, 2018.
\2\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 60.2720 if all of the other provisions of Sec. 60.2720 are met. For all other pollutants
that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.
\4\ Incorporated by reference, see Sec. 60.17.

Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After May 20, 2011
[Date to be specified in state plan] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
You must meet this emission limitation \2\ And determining compliance
For the air pollutant --------------------------------------------------------------- Using this averaging time using this method
Liquid/Gas Solids
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cadmium.......................... 0.023 milligrams per dry standard Biomass--0.0014 milligrams 3-run average (collect a Performance test (Method
cubic meter. per dry standard cubic minimum volume of 2 dry 29 at 40 CFR part 60,
meter. standard cubic meters). appendix A-8). Use ICPMS
Coal--0.0017 milligrams for the analytical
per dry standard cubic finish.
meter.
Carbon monoxide.................. 35 parts per million dry volume.. Biomass--260 parts per 3-run average (1 hour Performance test (Method
million dry volume. Coal-- minimum sample time per 10 at 40 CFR part 60,
95 parts per million dry run). appendix A-4).
volume.
Dioxins/furans (total mass basis) 2.9 nanograms per dry standard Biomass--0.52 nanograms 3-run average (collect a Performance test (Method
cubic meter. per dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter.\3\ Coal--5.1 standard cubic meter). appendix A-7).
nanograms per dry
standard cubic meter.
Dioxins/furans (toxic equivalency 0.32 nanograms per dry standard Biomass--0.12 nanograms 3-run average (collect a Performance test (Method
basis). cubic meter. per dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter. Coal--0.075 standard cubic meters). appendix A-7).
nanograms per dry
standard cubic meter\3\.
Hydrogen chloride................ 14 parts per million dry volume.. Biomass--0.20 parts per 3-run average (for Method Performance test (Method
million dry volume. Coal-- 26, collect a minimum of 26 or 26A at 40 CFR part
58 parts per million dry 120 liters; for Method 60, appendix A-8).
volume. 26A, collect a minimum
volume of 1 dry standard
cubic meter).
Lead............................. 0.096 milligrams per dry standard Biomass--0.014 milligrams 3-run average (collect a Performance test (Method
cubic meter. per dry standard cubic minimum volume of 2 dry 29 at 40 CFR part 60,
meter.\3\ Coal--0.057 standard cubic meters). appendix A-8). Use ICPMS
milligrams per dry for the analytical
standard cubic meter. finish.
Mercury.......................... 0.0024 milligrams per dry Biomass--0.0022 milligrams 3-run average (For Method Performance test (Method
standard cubic meter. per dry standard cubic 29 and ASTM D6784-02 29 or 30B at 40 CFR part
meter. Coal--0.013 (Reapproved 2008),\4\ 60, appendix A-8) or ASTM
milligrams per dry collect a minimum volume D6784-02 (Reapproved
standard cubic meter. of 2 dry standard cubic 2008).\4\
meters per run. For
Method 30B, collect a
minimum sample as
specified in Method 30B
at 40 CFR part 60,
appendix A).
Oxides of nitrogen............... 76 parts per million dry volume.. Biomass--290 parts per 3-run average (for Method Performance test (Method 7
million dry volume. Coal-- 7E, 1 hour minimum sample or 7E at 40 CFR part 60,
460 parts per million dry time per run). appendix A-4).
volume.

[[Page 41033]]

Particulate matter filterable.... 110 milligrams per dry standard Biomass--11 milligrams per 3-run average (collect a Performance test (Method 5
cubic meter. dry standard cubic meter. minimum volume of 1 dry or 29 at 40 CFR part 60,
Coal--130 milligrams per standard cubic meter). appendix A-3 or appendix
dry standard cubic meter. A-8) if the unit has an
annual average heat input
rate less than or equal
to 250 MMBtu/hr; or PM
CPMS (as specified in
Sec. 60.2710(x)) if the
unit has an annual
average heat input rate
greater than 250 MMBtu/
hr.
Sulfur dioxide................... 720 parts per million dry volume. Biomass--7.3 parts per 3-run average (1 hour Performance test (Method 6
million dry volume. Coal-- minimum sample time per or 6c at 40 CFR part 60,
850 parts per million dry run). appendix A-4).
volume.
Fugitive ash..................... Visible emissions for no more Visible emissions for no Three 1-hour observation Visible emission test
than 5 percent of the hourly more than 5 percent of periods. (Method 22 at 40 CFR part
observation period. the hourly observation 60, appendix A-7).
period.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018.
\2\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet
either the total mass basis limit or the toxic equivalency basis limit.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that
your emissions are at or below this limit, you can skip testing according to Sec. 60.2720 if all of the other provisions of Sec. 60.2720 are met.
For all other pollutants that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive years must show
that your emissions are at or below 75 percent of this limit in order to qualify for skip testing, with the exception of annual performance tests to
certify a CEMS or PM CPMS.
\4\ Incorporated by reference, see Sec. 60.17.

Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After May
20, 2011
[Date to be specified in state plan.] \1\
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\2\ method \4\
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.0014 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 2 dry 29 at 40 CFR part 60,
meter \3\. standard cubic meters). appendix A-8).
Carbon monoxide................... 110 (long kilns)/790 3-run average (1 hour Performance test (Method
(preheater/ minimum sample time per 10 at 40 CFR part 60,
precalciner) parts run). appendix A-4).
per million dry
volume.
Dioxins/furans (total mass basis). 1.3 nanograms per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 4 dry 23 at 40 CFR part 60,
standard cubic meters). appendix A-7).
Dioxins/furans (toxic equivalency 0.075 nanograms per 3-run average (collect a Performance test (Method
basis). dry standard cubic minimum volume of 4 dry 23 at 40 CFR part 60,
meter \3\. standard cubic meters). appendix A-7).
Hydrogen chloride................. 3.0 parts per million 3-run average (collect a Performance test (Method
dry volume \3\. minimum volume of 1 dry 321 at 40 CFR part 63,
standard cubic meter) or appendix A of this part)
30-day rolling average if or HCl CEMS if a wet
HCl CEMS is being used. scrubber or dry scrubber
is not used, as
specified in Sec.
60.2710(j).
Lead.............................. 0.014 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 2 dry 29 at 40 CFR part 60,
meter \3\. standard cubic meters). appendix A-8).
Mercury........................... 0.011 milligrams per 30-day rolling average.... Mercury CEMS or sorbent
dry standard cubic trap monitoring system
meter. (performance
specification 12A or
12B, respectively, of
appendix B of this
part), as specified in
Sec. 60.2710(j).
Oxides of nitrogen................ 630 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E, 1 hour minimum sample 7 or 7E at 40 CFR part
time per run). 60, appendix A-4).
Particulate matter filterable..... 13.5 milligrams per 30-day rolling average.... PM CPMS (as specified in
dry standard cubic Sec. 60.2710(x)).
meter.

[[Page 41034]]

Sulfur dioxide.................... 600 parts per million 3-run average (for Method Performance test (Method
dry volume. 6, collect a minimum of 6 or 6c at 40 CFR part
20 liters; for Method 6C, 60, appendix A-4).
1 hour minimum sample
time per run).
----------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
revised state plan or February 7, 2018.
\2\ All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and
shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis
limit or the toxic equivalency basis limit.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 60.2720 if all of the other provisions of Sec. 60.2720 are met. For all other pollutants
that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\4\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in
60.2710(y)(3). They are not be subject to the CEMS, sorbent trap or CPMS requirements that otherwise may apply
to the main kiln exhaust.

Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
After May 20, 2011
[Date to be specified in state plan] \1\
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\2\ method
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.95 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 29 at 40 CFR part 60,
meter. standard cubic meters per appendix A-8).
run).
Carbon monoxide................... 64 parts per million 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 10 at 40 CFR part 60,
run). appendix A-4).
Dioxins/furans (total mass basis). 4,400 nanograms per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 23 at 40 CFR part 60,
meter. standard cubic meters per appendix A-7).
run).
Dioxins/furans (toxic equivalency 180 nanograms per dry 3-run average (collect a Performance test (Method
basis). standard cubic meter. minimum volume of 1 dry 23 at 40 CFR part 60,
standard cubic meters). appendix A-7).
Fugitive ash...................... Visible emissions for Three 1-hour observation Visible emissions test
no more than 5 periods. (Method 22 at 40 CFR
percent of the part 60, appendix A-7).
hourly observation
period.
Hydrogen chloride................. 300 parts per million 3-run average (For Method Performance test (Method
dry volume. 26, collect a minimum 26 or 26A at 40 CFR part
volume of 120 liters per 60, appendix A-8).
run. For Method 26A,
collect a minimum volume
of 1 dry standard cubic
meter per run).
Lead.............................. 2.1 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 29 at 40 CFR part 60,
meter. standard cubic meters). appendix A-8). Use ICPMS
for the analytical
finish.
Mercury........................... 0.0053 milligrams per 3-run average (For Method Performance test (Method
dry standard cubic 29 and ASTM D6784-02 29 or 30B at 40 CFR part
meter. (Reapproved 2008),\3\ 60, appendix A-8) or
collect a minimum volume ASTM D6784-02
of 2 dry standard cubic (Reapproved 2008).\3\
meters per run. For
Method 30B, collect a
minimum sample as
specified in Method 30B
at 40 CFR part 60,
appendix A).
Oxides of nitrogen................ 190 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E, 1 hour minimum sample 7 or 7E at 40 CFR part
time per run). 60, appendix A-4).
Particulate matter................ 270 milligrams per 3-run average (collect a Performance test (Method
(filterable)...................... dry standard cubic minimum volume of 1 dry 5 or 29 at 40 CFR part
meter. standard cubic meters). 60, appendix A-3 or
appendix A-8).
Sulfur dioxide.................... 150 parts per million 3-run average (for Method Performance test (Method
dry volume. 6, collect a minimum of 6 or 6c at 40 CFR part
20 liters per run; for 60, appendix A-4).
Method 6C, 1 hour minimum
sample time per run).
----------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
revised state plan or February 7, 2018.
\2\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
limit.
\3\ Incorporated by reference, see Sec. 60.17.

[FR Doc. 2016-13687 Filed 6-22-16; 8:45 am]
BILLING CODE 6560-50-P

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