Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010 and Have Not Been Modified or Reconstructed Since August 7, 2013, 100092-100136 [2024-26650]
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100092 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–HQ–OAR–2016–0664; FRL–5960–02–
OAR]
RIN 2060–AT28
Federal Plan Requirements for
Commercial and Industrial Solid Waste
Incineration Units That Commenced
Construction On or Before June 4,
2010 and Have Not Been Modified or
Reconstructed Since August 7, 2013
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action finalizes the
Federal plan for existing commercial
and industrial solid waste incineration
units (CISWI). This final action
implements the U.S. Environmental
Protection Agency’s (EPA) emission
guidelines adopted on February 7, 2013,
as amended on June 23, 2016, and on
April 16, 2019, in states that do not have
an approved state plan implementing
the emission guidelines in place by the
effective date of this Federal plan. The
implementation of the emission
guidelines will result in emissions
reductions of the regulated pollutants
including cadmium, hydrogen chloride,
lead, mercury, carbon monoxide,
nitrogen oxides, particulate matter, and
sulfur dioxide from the affected CISWI.
This final action is also revising the
definition of ‘‘small, remote incinerator’’
to reflect new statutory prohibitions on
the implementation of CISWI standards
to units in the State of Alaska.
DATES: This final rule is effective
January 10, 2025. The incorporation by
reference of certain publications listed
in the regulation is approved by the
Director of the Federal Register as of
January 10, 2025.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID No. EPA–HQ–OAR–2016–0664. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Dr.
Felica Davis, Sector Policies and
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SUMMARY:
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Programs Division (E14305), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
109 T.W. Alexander Drive, P.O. Box
12055, Research Triangle Park, North
Carolina 27711; telephone number:
(919) 541–4857; and email address:
davis.felica@epa.gov.
SUPPLEMENTARY INFORMATION: Preamble
acronyms and abbreviations.
Throughout this document the use of
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is intended to refer
to the EPA. We use multiple acronyms
and terms in this preamble. While this
list may not be exhaustive, to ease the
reading of this preamble and for
reference purposes, the EPA defines the
following terms and acronyms here:
AG Attorney General
CAA Clean Air Act
CBI Confidential business information
Cd Cadmium
CFR Code of Federal Regulations
CISWI Commercial and industrial solid
waste incineration units
CMS Continuous monitoring system
CO Carbon monoxide
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
FF Fabric filter
HAP Hazardous air pollutants
HCl Hydrogen chloride
Hg Mercury
IBR Incorporation by reference
ICR Information collection request
mg/dscm Milligrams per dry standard cubic
meter
NAICS North American Industrial
Classification System
NESHAP National emission standards for
hazardous air pollutants
ng/dscm Nanograms per dry standard cubic
meter
NOX Nitrogen oxides
NSPS New source performance standards
NTTAA National Technology Transfer and
Advancement Act
OAQPS Office of Air Quality Planning and
Standards
Pb Lead
PCB hydrocarbons and polychlorinated
biphenyls
PM Particulate matter (filterable, unless
otherwise specified)
PM2.5 Particulate matter (diameter less
than or equal to 2.5 micrometers)
PM CPMS Particulate matter Continuous
Parameter Monitoring System
ppmv Parts per million by volume
RIN Regulatory Information Number
SRI Small, remote incinerators
SO2 Sulfur dioxide
the Court United States Court of Appeals
for the District of Columbia Circuit
tpy Tons per year
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
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A. Does the action apply to me?
B. What action is the EPA taking?
C. How do I obtain a copy of this document
and other related information?
D. Judicial Review
E. What are the incremental costs and
benefits of this action?
II. Background Information
A. What is the statutory authority for this
action?
B. What is the purpose of this action?
C. What is the status of state plan
submittals?
III. Summary of Changes Since Proposal and
Response to Comments
IV. Summary of Final CISWI Federal Plan
Requirements
A. What are the final applicability
requirements?
B. What are the final compliance
schedules?
C. What emissions and operating limits is
the EPA incorporating into the final
Federal plan?
D. What are the final performance testing
and monitoring requirements?
E. What are the final recordkeeping and
reporting requirements?
F. What are the other final requirements?
V. CISWI That Have or Will Shut Down
A. Units That Plan To Close
B. Inoperable Units
C. CISWI That Have Shut Down
VI. Implementation of the Federal Plan and
Delegation
A. Background of Authority
B. Mechanisms for Transferring Authority
C. Implementing Authority
D. Delegation of the Federal Plan and
Retained Authorities
VII. Title V Operating Permits
Title V and Delegation of a Federal Plan
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
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 and Executive Order 14096:
Revitalizing Our Nation’s Commitment
to Environmental Justice for All
K. Congressional Review Act (CRA)
I. General Information
A. Does the action apply to me?
Regulated entities. Owners or
operators of existing CISWI that are
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100093
subject to the existing Federal plan
implementing the December 1, 2000,
emission guidelines (EG), and units not
already subject to an EPA-approved and
effective state plan implementing the
February 7, 2013, EG (and subsequent
2016 and 2019 amendments made to the
EG), may be regulated by this final
action. Existing CISWI are those that
commenced construction on or before
June 4, 2010, or that commenced
modification or reconstruction after
June 4, 2010, but no later than August
7, 2013. Regulated categories and
entities include those that operate
CISWI. Although there is no specific
North American Industry Classification
System (NAICS) code for CISWI, these
units may be operated by the categories
of sources listed in table 1 of this
preamble.
TABLE 1—EXAMPLES OF POTENTIALLY REGULATED ENTITIES
Category
NAICS code
Any industrial or commercial facility using a solid waste
incinerator.
Examples of potentially regulated entities
211, 212, 486
221
321, 322, 337
325, 326
327
333, 336
423, 44
This table is not intended to be
exhaustive, but rather provides a general
guide for identifying entities likely to be
affected by this action. To determine
whether a facility would be affected by
this action, please examine the
applicability criteria in 40 Code of
Federal Regulations (CFR) 62.14510
through 62.14525 (now at 40 CFR
62.14510a through 62.14530a) of
subpart III (now subpart IIIa). Questions
regarding the applicability of this action
to a particular entity should be directed
to the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
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B. What action is the EPA taking?
In this action, the EPA is finalizing
the Federal plan for existing CISWI in
states that do not have an approved state
plan implementing the CISWI EG. The
CISWI Federal plan was proposed on
January 11, 2017 (82 FR 3554), and
received 13 public comments, some of
which led to revisions that were made
to this final rule. The comments on the
proposal and changes the EPA made to
finalize this Federal plan are discussed
in more detail in section III. of this
preamble.
C. How do I obtain a copy of this
document and other related
information?
The docket number for this final
action regarding the CISWI Federal plan
(40 CFR part 62, subpart IIIa) is Docket
ID No. EPA–HQ–OAR–2016–0664. In
addition to being available in the
docket, an electronic copy of this final
action is available on the internet at
https://www.epa.gov/stationary-sourcesair-pollution/commercial-and-
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Mining; oil and gas exploration operations; pipeline operators.
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.
industrial-solid-waste-incinerationunits-ciswi-new. Following publication
in the Federal Register, the EPA will
post the Federal Register version of the
final rule and key technical documents
on this same website.
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460.
D. Judicial Review
Under the Clean Air Act (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 (the Court) by
February 10, 2025. Under CAA section
307(d)(7)(B), ‘‘[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.’’ This section also
provides a mechanism for the EPA to
convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to the EPA
that it was impracticable to raise such
objection within [the period for public
comment] 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.’’ Any person
seeking to make such a demonstration to
us should submit a Petition for
Reconsideration to the Office of the
Administrator, U.S. Environmental
Protection Agency, Room 3000, WJC
West Building, 1200 Pennsylvania Ave.
NW, Washington, DC 20460, with a
copy to both the person(s) listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
E. What are the incremental costs and
benefits of this action?
This Federal plan implements the
CISWI EG that were promulgated on
February 7, 2013, and amended on June
23, 2016, and April 16, 2019 (see the
background discussion in section II.A.
of this preamble for more detail), for the
states (see table 2 of this preamble) that
do not have approved state plans
implementing the CISWI EG. Therefore,
any costs and benefits associated with
this Federal plan have already been
quantified and attributed to the CISWI
EG (i.e., CISWI EG benefits and costs
equal those for units covered by
approved state plans plus those units
covered by this Federal plan—see
section II.C. of this preamble for more
detailed discussion). Because the
Consolidated Appropriations Act of
2024, H.R. 4366, section 432, precludes
the EPA from expending funds to
implement or enforce the EG codified
under 40 CFR part 60, subpart DDDD,
with respect to units in the State of
Alaska that are defined as ‘‘small remote
incinerators’’ (SRI) until a subsequent
regulation is issued, neither costs nor
emission reductions from SRIs located
in Alaska are included in the portion of
CISWI EG costs and emissions reduction
expected due to the Federal plan
implementation.
Incineration of solid waste at
commercial and industrial facilities
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causes the release of a wide array of air
pollutants, some of which exist in the
waste feed material and are released
unchanged during combustion, and
some of which are generated as a result
of the combustion process itself.1 The
EPA estimated in the 2013 rule that
once the state plans and the Federal
plan become effective, a total emissions
reduction of the regulated pollutants
would occur as follows: acid gases (i.e.,
hydrogen chloride (HCl) and sulfur
dioxoide (SO2), about 7,046 tons per
year (tpy); particulate matter (PM) about
2,401 tpy; non-Hg metals (i.e., lead (Pb)
and cadmium (Cd)) about 4.5 tpy;
carbon monoxide (CO) about 20,000 tpy;
nitrogen oxides (NOX) about 5,399 tpy;
and mercury (Hg) about 688 pounds per
year. The EPA also estimated that air
pollution control devices installed to
comply with the 2013 rule would also
effectively reduce emissions of
pollutants such as 7-polycyclic aromatic
hydrocarbons and polychlorinated
biphenyls (PCB).2
II. Background Information
A. What is the statutory authority for
this action?
Sections 111(b) and 129(a) of the CAA
address emissions from new units (i.e.,
New Source Performance Standards
(NSPS)), and CAA sections 111(d) and
129(b) address emissions from existing
units (i.e., EG). The NSPS are Federal
regulations which are directly
enforceable upon CISWI, and, under
CAA section 129(f)(1), become effective
6 months after promulgation. Unlike the
NSPS, the EG provide direction for
developing state plans, and are not
themselves directly enforceable. For the
EG to be enforceable, it must be
implemented through either an EPAapproved state or tribal 3 plan or
through an EPA adopted Federal plan.
The Federal plan regulates CISWI in
states that do not have approved plans
in effect to implement the EG. Although
Congress required the EPA to
promulgate a Federal plan for states that
fail to submit approvable state plans,
states may submit approvable state
plans after promulgation of the Federal
plan and become subject to the
approved state plans. Congress
established CAA sections 111 and 129
with the intent that the state and local
agencies take the primary responsibility
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1 See
78 FR 9131–9133 to reference the impacts
of the EG adopted on February 7, 2013.
2 See 75 FR 31970 (June 4, 2010), where
polycyclic organic matter (POM) and
polychlorinated biphenyl (PCB) emission
reductions are discussed.
3 The EPA is not aware of any CISWI units owned
or operated by Indian tribal governments at the time
of the publication of this document.
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for ensuring that the emissions
limitations and other requirements in
the EG are achieved.
CAA section 129(b)(2) directs states
with existing CISWI(s) subject to the EG
to submit plans to the EPA that
implement and enforce the EG. The
deadline for states to submit state plans
to the EPA for review was February 7,
2014 (see 78 FR 9121–2, February 7,
2013).4 CAA sections 111 and 129(b)(3)
and 40 CFR 60.27(c) and (d) require the
EPA to develop, implement and enforce
a Federal plan for CISWI in any state
which has not submitted an approvable
state plan within 2 years after
promulgation of the EG. On January 11,
2017, the EPA proposed a Federal plan
that would apply to any CISWI located
in any state without an approved state
plan as of the compliance date for
existing CISWI (i.e., 5 years after
promulgation of the emission
guidelines). The EPA did not reopen the
underlying CISWI rule for public
comment in this current action and the
Agency does not address comments on
the underlying CISWI rule.5
CAA section 129, titled ‘‘Solid Waste
Combustion,’’ requires the EPA to
develop and adopt standards for solid
waste incineration units pursuant to
CAA sections 111 and 129. On March
21, 2011, the EPA promulgated revised
NSPS and EG for CISWI. At that time,
the Administrator also announced that
it identified certain issues that
warranted further opportunity for public
comment and that the Agency was
planning to reconsider the CISWI rule.
The EPA also received petitions for
reconsideration of the final CISWI rule.
On December 23, 2011, the EPA
proposed revisions to the March 2011
final CISWI rule and requested
comment on proposed changes to the
NSPS and EG for CISWI (76 FR 80452).
On February 7, 2013, the EPA
promulgated the final reconsideration of
the 2011 NSPS and EG for CISWI (78 FR
9112). The 2013 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 received petitions for
reconsideration of the 2013 final rule.
These petitions stated certain provisions
should be reconsidered and that the
4 Five states did not submit a draft or final state
plan or negative declaration and one state indicated
intent to submit a state plan to the EPA.
5 Many aspects of the CISWI rule were challenged
in the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit or Court)
in American Forest and Paper Association (AFPA)
v. EPA, and the Court rejected all challenges to the
standards and other provisions being implemented
in this Federal plan. See AFPA v. EPA, 830 F.3d
579 (D.C. Cir. 2016).
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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. Additionally, the
EPA proposed clarifying changes and
corrections to the 2013 final rule, some
of which were raised in petitions for
reconsideration. On June 23, 2016, the
EPA promulgated the final
reconsideration of the 2013 NSPS and
EG for CISWI (81 FR 40956) (2016
CISWI rule).
Following promulgation of the 2016
CISWI rule, the EPA received requests
from industry interested parties and
implementing agencies to clarify various
issues with implementation of the
standards. In addition, the EPA
identified certain procedural issues,
including testing and monitoring issues
and inconsistencies within the rules,6
that required further clarification or
correction. On June 15, 2018, the EPA
proposed amendments to several
provisions of the 2016 CISWI rule to
address these issues (83 FR 28068). In
addition, the EPA identified additional
regulatory provisions, beyond those
raised by the requests from industry
interested parties and implementing
agencies, that required clarification and
editorial correction to address
inconsistencies and errors in the final
rule. The EPA promulgated these
technical amendments on April 16,
2019 (84 FR 15846).
B. What is the purpose of this action?
CAA section 129(b)(2) requires states
to implement the EG for existing solid
waste incineration units, including
CISWI. States with existing CISWI were
required to submit to the EPA, within
one year following promulgation of the
EG (by February 7, 2014), state plans
that are at least as protective as the EG.
CAA sections 111 and 129 and 40 CFR
60.27(c) and (d) require the EPA to
develop, implement, and enforce a
Federal plan in states that have not
submitted an approvable plan. The EPA
is promulgating this CISWI Federal plan
to be effective in any state that failed to
provide an approvable state plan, thus
ensuring implementation and
enforcement of the final CISWI EG.
The regulations required states
without any existing CISWI to submit to
the Administrator a letter of negative
6 The 2019 technical amendments addressed
certain implementation issues and inconsistencies
that required further clarification or correction to
the 2016 EG. The technical amendments were not
substantive and did not introduce any analytical
changes to the emission guidelines; therefore, a
supplemental proposal was not required.
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100095
declaration certifying that there are no
CISWI in the state (see 40 CFR 62.06).
No plan was required for states that do
not have any CISWI. CISWI located in
states that mistakenly submitted a letter
of negative declaration are subject to the
Federal plan, once effective, until a state
plan regulating those CISWI is
approved. State plans that have been
submitted to implement the final CISWI
EG,7 have either been approved or are
currently undergoing EPA review. This
CISWI Federal plan implements the
final CISWI EG in those states that do
not have an approved state plan in place
by January 10, 2025. If a state plan is
approved in part, the Federal plan will
apply to the affected CISWI in lieu of
the disapproved portions of the state
plan until the state addresses the
deficiencies in the state or tribal plan
and the revised state plan is approved
by the EPA.
C. What is the status of state plan
submittals?
The EPA anticipates that facilities in
ten states and three U.S. territories 8 will
be subject to the CISWI Federal plan.
Table 2 of this preamble lists the status
of state plans as of the signature date of
this action. Additionally, table 2 of this
preamble lists states and local agencies
that submitted negative declarations and
those that have indicated that they
intend to take delegation of the Federal
plan to directly implement and enforce
the guidelines (see mechanisms for
transferring authority discussion in
section VI.B.2. of this preamble for more
detail).
TABLE 2—STATUS OF STATE AND TERRITORY PLANS
Status
States
I. EPA-Approved State Plans .............................
Alabama; Colorado; Louisiana; North Dakota; Oklahoma; Puerto Rico; Tennessee; Virginia;
West Virginia.
II. Indicated intent to Submit Negative Declarations to the EPA.
III. Negative Declaration Submitted to the EPA
IV. Final State Plans Submitted to the EPA .......
V. Draft State Plans Submitted to the EPA
VI. EPA Has Not Received a Draft or Final
State Plan or Negative Declaration.
VII. Indicated Intent to Submit State Plan to the
EPA.
VIII. Indicated Intent to Accept Delegation of
Federal Plan
IX. Indicated Intent to Accept Federal Plan Implementation by the EPA.
As the EPA Regional offices approve
state plans, they will also, in the same
action, amend the appropriate subpart
of 40 CFR part 62 to codify their
approvals. If the EPA approves a state
plan after the Federal plan is
Arkansas; Arizona; Connecticut; Delaware; District of Columbia; Idaho; Indiana; Kansas; Kentucky; Maine; Maryland; Massachusetts; Minnesota; Mississippi; Missouri; Montana; Nebraska; New Hampshire; New Jersey; New Mexico; New York; Nevada; Pennsylvania AMS;
Rhode Island; South Dakota; Utah; Vermont; Virgin Islands; Wyoming.
Florida; Georgia; Iowa; South Carolina; Texas.
California; Hawaii; Michigan; Oregon; Washington.
North Carolina.
Alaska; American Samoa; Guam; Illinois; Northern Mariana Islands; Ohio; Wisconsin.
promulgated, the Federal plan will no
longer apply to the CISWI covered by
the state plan, upon the effective date of
the state plan.
CISWI owners or operators can also
contact the EPA Regional office for the
state in which their CISWI are located
to determine whether there is an EPAapproved state plan in place. Table 3 of
this preamble lists the names, email
addresses, and telephone numbers of
the EPA Regional office contacts and the
states and territories that they cover.
TABLE 3—REGIONAL OFFICE CONTACTS
Region
Regional contact
Region I .............
Jessica Kilpatrick, kilpatrick.jessica@epa.gov.
Fausto Taveras, taveras.fausto@
epa.gov.
Krystal Stankunas,
stankunas.krystal@epa.gov.
Mark Bloeth, bloeth.mark@
epa.gov.
Margaret Sieffert,
sieffert.margaret@epa.gov.
Karolina Ruan-Lei, ruanlei.karolina@epa.gov.
Larry Gonzalez, gonzalez.larry@
epa.gov.
Region II ............
Region III ...........
Region IV ..........
Region V ...........
Region VI ..........
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Region VII .........
7 The ‘‘final CISWI EG’’ means the provision of 40
CFR part 60, subpart DDDD, including the revisions
published on June 23, 2016 (81 FR 40956), and
April 16, 2019 (84 FR 15846). As noted in the June
23, 2016, preamble, the final CISWI EG action
granted reconsideration and addressed certain
aspects of the February 7, 2013, rule, which itself
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Phone
States and territories
(617) 918–1652
(212) 637–3378
(215) 814–5271
Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island,
Vermont.
New York, New Jersey, Puerto Rico, Virgin Islands.
(312) 353–1151
Virginia, Delaware, District of Columbia, Maryland, Pennsylvania,
West Virginia.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee.
Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio.
(214) 665–7346
Arkansas, Louisiana, New Mexico, Oklahoma, Texas.
(913) 551–7041
Iowa, Kansas, Missouri, Nebraska.
(404) 562–9013
was issued to grant reconsideration of aspects of the
March 21, 2011, rule. The April 16, 2019, technical
amendments included clarifying revisions and
general editorial corrections. See section II.A. of
this preamble for more discussion on the
background of the final CISWI EG.
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8 42 U.S.C. 7602. Definitions (d) The term ‘‘State’’
means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, and American Samoa and includes the
Commonwealth of the Northern Mariana Islands.
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100096 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
TABLE 3—REGIONAL OFFICE CONTACTS—Continued
Region
Regional contact
Region VIII ........
Allison Reibach, reibach.allison@
epa.gov.
Shaheerah Kelly,
kelly.shaheerah@epa.gov.
Geoffrey Glass, glass.geoffrey@
epa.gov.
Region IX ..........
Region X ...........
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III. Summary of Changes Since
Proposal and Response to Comments
Based on our review of comments
received on the 2017 proposed Federal
plan and statutory prohibitions on the
implementation of CISWI standards to
units in the State of Alaska, the EPA is
finalizing the Federal plan as proposed
with a few minor exceptions, albeit we
are finalizing the amendments as a new
subpart IIIa. We are establishing the
final compliance date for existing
sources, implementing the 2019
technical amendments to the CISWI EG,
and modifying the applicability of
subpart DDDD to only apply to small,
remote incinerators (SRIs) located
outside the State of Alaska, and
modifying equation 7 at 40 CFR
62.14670(y) (now at 40 CFR
62.14640a(y)) for waste-burning kilns
that is used to calculate kiln-specific
emission limit when kiln emissions are
emitted through multiple stacks.
Since proposal of amendments to
subpart III, the EPA determined that
creating a new subpart will lessen
confusion for affected sources and
implementing agencies. Therefore, we
have created a new subpart IIIa, which
will replace subpart III once effective,
which is January 10, 2025. By
incorporating these amendments as a
new subpart IIIa, we hope to alleviate
any confusion that could be caused by
making significant amendments to the
current subpart III regulatory text. For
one, subpart III only applies to
incinerators but the emission guidelines
that subpart IIIa will implement
includes subcategories for incinerators,
energy recovery units, waste-burning
kilns, and small remote incinerators,
with unique requirements and standards
for each subcategory. Additionally, in
creating a new subpart IIIa, we can omit
transitional regulatory requirement
language and make a ‘‘clean split’’ on a
single date where subpart III ends
effectiveness by January 10, 2025, and
subpart IIIa begins effectiveness from
that date onward. Finally, to better
accommodate any potential future
updates to the CISWI Federal plan, in
subpart IIIa we are establishing section
numbering increments of 5 so that there
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Phone
States and territories
(303) 312–6949
Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming.
(415) 947–4156
Arizona, California, Hawaii, Nevada, American Samoa, Guam,
Northern Mariana Islands.
Alaska, Idaho, Oregon Washington.
(206) 553–1847
is adequate numeric spacing to revise or
add new regulatory text sections if
needed in the future.
As noted above, the EPA is
establishing the final compliance date to
be the effective date of this final action,
which is January 10, 2025. The CAA
provides that owners or operators of
affected CISWI must comply no later
than 5 years after the effective date of
the final CISWI EG (i.e., February 7,
2018) or within 3 years from state plan
approval (or promulgation of a Federal
plan), whichever is earlier. The final
compliance date remains as proposed as
there is no statutory authority under
CAA section 129 for providing
compliance extensions (i.e., allowing
compliance after the compliance date).
We believe that sources have had ample
notification of this final compliance
date and that they were aware of what
measures they must take in order to
comply.
Based on reviews of permits for units
potentially subject to this Federal plan,
the EPA has determined that sources in
states and territories that would be
subject to the Federal plan have either
ceased burning waste or have made
control device retrofits in the period of
time since the 2017 proposed Federal
plan was published. Furthermore, no
adverse comments were received
requesting additional time for
compliance beyond the proposed
February 7, 2018, final compliance date.
Thus, the EPA has determined that no
additional time is necessary for sources
to comply with the standards.
We are also finalizing other
provisions to be consistent with the
2019 technical amendments to the
CISWI EG (84 FR 15848). Although
these provisions were not included in
the original proposed Federal plan, the
EPA subsequently solicited comments
on these modifications to the EG in the
2019 CISWI rulemaking. Therefore, the
public had adequate opportunity to
comment on these changes and had
notice that sources subject to the
Federal plan would be subject to these
revised provisions. The technical
amendments provided meaningful
burden reduction by allowing regulated
facilities additional time to complete
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initial compliance demonstrations and
adding production-based emission
limits in lieu of the concentration-based
limits in the 2016 CISWI rule. The
requirement in 40 CFR 62.14535(a)(4)
(now at 40 CFR 62.14535a(b)(4)) to
perform the initial performance test
within 90 days of the final compliance
date has been revised to be within 180
days of the final compliance date,
consistent with §§ 62.14665(a) and
62.14820(b) (now at §§ 62.14630a(a) and
62.14760a(b), respectively).
The Waste Management Plan (WMP)
submittal due date has been changed
from November 7, 2017, to the final
compliance date, January 10, 2025, to be
consistent with the EG (40 CFR part 60,
subpart DDDD). The WMP is a
component of compliance, and therefore
it may be submitted together with
operating procedures, operator training,
and initial compliance testing to
demonstrate initial compliance.
The EPA is finalizing revisions to 40
CFR 62.14755(b) (now at § 62.14730a(b))
to clarify that results of performance
testing and CEMS performance
evaluations occurring over multiple
days may be submitted together up to 60
days after all performance evaluations
are completed. The EPA is also
finalizing the addition of an alternative
equivalent emission limit for Hg for the
waste-burning kiln subcategory to be
consistent with the 2019 CISWI EG
technical amendments (84 FR 15848).
Specifically, the EPA is adding, to the
Federal plan, a 58 lb/million (MM) ton
clinker emission limit for Hg for the
waste-burning kiln subcategory as an
alternative equivalent emission limit to
the 0.011 mg/dscm standard.
Consistent with the 2019 rule, the
EPA is also finalizing clarifications
regarding the Agency’s intent to allow
CEMS for demonstrating initial
compliance for any pollutant and
clarification of continuous parameter
monitoring requirements when CEMS
are used for direct pollutant emissions
monitoring. The EPA is also finalizing
additional minor technical amendments
consistent with the 2019 rule:
Clarifications of other CEMS
requirements; clarification of
continuous opacity monitoring system
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(COMS) requirements; clarification of
reduced testing requirements;
clarification of deviation reporting
requirements for continuous monitoring
data; and clarification of activated
carbon injection (ACI) requirements.
The EPA is finalizing a revised
definition of ‘‘small, remote incinerator’’
to reflect new prohibitions on the
implementation of CISWI standards to
units in the State of Alaska that were
implemented by Congress after the EPA
proposed the Federal plan. As specified
in the Consolidated Appropriations Act
of 2024, H.R. 4366, section 432,9 the
EPA is precluded from ‘‘expending
funds to implement or enforce 40 CFR
part 60 subpart DDDD [the 2011 EG
currently in effect] with respect to units
in the state of Alaska that are defined as
small remote incinerator until a
subsequent regulation is issued.’’
In the 2000 CISWI EG (65 FR 75351),
we excluded combustion units at
commercial or industrial facilities with
a capacity less than 35 tons per day that
combust more than 30 percent MSW
from the rule. SRI 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. The SRIs
were found to qualify for an exemption
from CISWI based on their burning at
least 30 percent MSW. In the 2011
CISWI EG we removed this exemption
to ensure that any CISWI combusting
any solid waste is subject to these
standards. Therefore, commercial and
industrial units that were previously
exempt pursuant to this provision
would be required to meet the emission
limits and operating requirements of the
rule. In this final action, we have
revised the definition of ‘‘small, remote
incinerator’’ consistent with the
prohibition in the appropriations rider
to mean ‘‘an incinerator located outside
the state of Alaska 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’’ (emphasis added).
Finally, based on review of the initial
and continuous compliance
requirements, the EPA has modified
equation 7, used to calculate kilnspecific emission limit when kiln
emissions are emitted through multiple
stacks, at 40 CFR 62.14670(y) (now at 40
CFR 62.14640a(y)). When kiln emissions
are emittted through multiple stacks
(e.g., 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 in table 8. At proposal,
equation 7 only reflected a single
configuration of emissions, a single
alakali bypass and in-line coal mill, it
did not reflect the multiple different
stack configurations currently in use.
Therefore, equation 7 has been modified
to generalize the number and type of
stacks and allow all configurations of
sources to correctly calculate the kiln
stack concentration limit for continuing
compliance, irrespective of the number
and type of emission points.
Public comments on the proposed
rulemaking and the EPA’s responses to
these comments are addressed in a
separate response to comment
document, available in docket EPA–
HQ–OAR–2016–0664.
IV. Summary of Final CISWI Federal
Plan Requirements
The CISWI Federal plan requirements
are described below. Table 4 of this
preamble lists each element and
identifies where it is located or codified.
TABLE 4—ELEMENTS OF THE CISWI FEDERAL PLAN
Element of the CISWI Federal plan
Location
Legal authority and enforcement mechanism ....
Inventory of affected CISWI ...............................
Inventory of emissions ........................................
Compliance schedules ........................................
Emissions limits and operating limits .................
Operator training and qualification .....................
Testing, monitoring, recordkeeping and reporting.
Record of public hearings ...................................
The Federal plan applicability reflects
the final CISWI EG. The Federal plan
applies in whole or in part to existing
CISWI meeting the applicability of 40
CFR 62.14510 (now at 40 CFR
62.14510a) that are located in any state,
with the exception of SRIs located in
Alaska, that does not currently have a
fully approved state plan in place.
Existing CISWI are all CISWI, including
air curtain incinerators (ACIs), for
which construction commenced on or
before June 4, 2010, or that commenced
modification or reconstruction after
June 4, 2010, but no later than August
9 Consolidated Appropriations Act, 2024. Public
Law 118–42 (2024, March 8). https://
www.congress.gov/bill/118th-congress/house-bill/
4366/text.
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through
through
through
through
62.14545a).
62.14610a).
62.14595a).
62.14735a).
Docket ID No. EPA–HQ–OAR–2016–0664.
7, 2013. The Federal plan requirements
apply to owners and/or operators of
existing incineration units combusting
solid waste (as defined under the
Resource Conservation and Recovery
Act (RCRA) and located at commercial
or industrial facilities (i.e., CISWI (as
defined in 40 CFR 62.14840 now at 40
CFR 62.14780a). Four subcategories are
defined for existing units: incinerators
(i.e., units designed to burn discarded
waste materials for the purpose of
disposal); SRIs; energy recovery units
(ERU) (i.e., units that would be boilers
or process heaters if they did not
combust solid waste); and waste
burning kilns (i.e., units that would be
cement kilns if they did not combust
A. What are the final applicability
requirements?
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Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA.
Docket ID No. EPA–HQ–OAR–2016–0664.
Docket ID No. EPA–HQ–OAR–2016–0664.
40 CFR 62.14535 through 62.14575 (now at 40 CFR 62.14535a
40 CFR 62.14630 through 62.14645 (now at 40 CFR 62.14600a
40 CFR 62.14595 through 62.14625 (now at 40 CFR 62.14565a
40 CFR 62.14650 through 62.14760 (now at 40 CFR 62.14615a
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solid waste). The final CISWI EG further
subcategorize ERUs into 3 subcategories
and waste burning kilns into 2
subcategories.
The final CISWI EG establishes
opacity limitations for ACI that burn
100 percent wood waste; 100 percent
clean lumber; or a 100 percent mixture
of only wood waste, clean lumber, and/
or yard waste. If an ACI begins burning
solid waste as defined in the Non
Hazardous Secondary Materials rule
(see 40 CFR part 241) in addition to, or
instead of, wood waste, clean lumber, or
a mixture of wood waste, clean lumber,
and/or yard waste, it is a solid waste
incineration unit that is subject to the
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applicable numerical emission
standards contained in CISWI.
B. What are the final compliance
schedules?
The Federal plan requires owners or
operators of CISWI to come into
compliance by January 10, 2025.
Although the final CISWI EG included
increments of progress in the
compliance schedule, the EPA is not
including increments of progress as a
compliance pathway for the final
Federal plan. Increments of progress
were included in the EG to establish
obligations that would apply to sources
planning to take more than one year
from approval of the state plan to
comply. The increments would help
ensure that sources planning to take
more than one year to comply would
make some incremental progress toward
compliance after the first year. The
increments did not require any
additional action within one year of
approval of a state plan (or
promulgation of a Federal plan).
Because the increments of progress
contained in the final EG do not require
any additional action within one year of
promulgation of a Federal plan,
including the increments of progress in
this Federal plan would serve no
meaningful purpose and may create
confusion. For this reason, the EPA did
not include increments of progress in
the proposed Federal plan, and we are
not including them in this final action.
If a CISWI does not achieve final
compliance by January 10, 2025, the
final Federal plan requires the CISWI to
shut down by January 10, 2025,
complete the retrofit while not
operating, and be in compliance upon
restarting. A CISWI that operates out of
compliance after the final compliance
date would be in violation of the
Federal plan and subject to enforcement
action.
C. What emissions and operating limits
is the EPA incorporating into the final
Federal plan?
The EPA is incorporating the EG
emissions and operating limits from the
final CISWI EG, 40 CFR part 60, subpart
DDDD, into this final CISWI Federal
plan. Table 5 of this preamble
summarizes the emissions limits that we
are finalizing in the final Federal plan.
Table 5 also includes the 2000 CISWI
Federal plan emission limits (which
applied only to units in the existing
incinerator subcategory) for comparison.
These standards apply at all times.
Existing sources may comply with
either the Polychlorinated dibenzo-pdioxins/Polychlorinated dibenzofurans
(PCDD/PCDF) toxicity equivalence or
total mass balance emission limits.
Facilities will be required to establish
site-specific operating limits derived
from the results of performance testing.
The site-specific operating limits are
established as the minimum (or
maximum, as appropriate) operating
parameter value measured during the
performance test. These operating limits
will result in achievable operating
ranges that will ensure that the control
devices used for compliance will be
operated to achieve continuous
compliance with the emissions limits.
Further discussion on performance
testing can be found in section IV.D. of
this preamble.
TABLE 5—SUMMARY OF EMISSIONS LIMITS PROMULGATED FOR EXISTING CISWI
Incinerators
(2,000 CISWI
limit)
Pollutant (units) 1
HCl (parts per million by volume (ppmv))
Incinerators
62
29
CO (ppmv) ................................................
157
17
Pb (mg/dscm) ............................................
0.04
0.015
Cd (mg/dscm) ...........................................
0.004
0.0026
Hg (mg/dscm) ...........................................
0.47
0.0048
PM, filterable (mg/dscm) ...........................
70
34
Dioxin, furans, total (ng/dscm) ..................
(no limit)
4.6
Dioxins and furans, TEQ (nanograms per
dry standard cubic meter (ng/dscm)).
NOX (ppmv) ...............................................
0.41
0.13
388
53
SO2 (ppmv) ...............................................
20
11
1 All
2 Or
ERUs—solids
0.20 (biomass units)/58
(coal units).
260 (biomass units)/95
(coal units).
0.014 (biomass units)/
0.057 (coal units).
0.0014 (biomass units)/
0.0017 (coal units).
0.0022 (biomass units)/
0.013 (coal units).
11 (biomass units)/130
(coal units).
0.52 (biomass units)/5.1
(coal units).
0.12 (biomass units)/
0.075 (coal units).
290 (biomass units)/460
(coal units).
7.3 (biomass units)/850
(coal units).
ERUs—
liquid/gas
Waste-burning kilns
SRIs
14
3.0 ..................................
300
35
64
0.096
110 (long kilns)/790
(preheater/precalciner).
0.014 ..............................
2.1
0.023
0.0014 ............................
0.95
0.0024
0.011 2
...........................
0.0053
110
13.5 ................................
270
2.9
1.3 ..................................
4,400
0.32
0.075 ..............................
180
76
630 .................................
190
720
600 .................................
150
emission limits are expressed as concentrations corrected to 7 percent O2.
alternative limit of 58 lb/MM ton clinker.
1. Performance Testing and Monitoring
D. What are the final performance
testing and monitoring requirements?
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CISWI subcategories
The EPA is finalizing several
performance testing and monitoring
provision amendments to the current
2003 CISWI Federal plan (see 68 FR
57518, October 3, 2003) that are
consistent with the requirements of the
final CISWI EG. The following
paragraphs list a number of testing and
monitoring requirements in the final
CISWI EG that the EPA is including in
the final CISWI Federal plan.
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The final Federal plan requires all
CISWI to demonstrate initial and
continuous compliance with the final
emission limits. These provisions
require initial and annual performance
tests and initial and annual inspections
of scrubbers, fabric filters (FF), and
other air pollution control devices that
are used to meet the emission limits. In
addition, a Method 22 (40 CFR part 60,
appendix A–7) visible emissions test of
the ash handling operations is required
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during the initial and annual
compliance test for all subcategories
except waste-burning kilns, which do
not have ash handling systems.
Furthermore, for any CISWI that
operates a FF air pollution control
device, we are requiring that a bag leak
detection system be installed to monitor
the device.
This Federal plan continues to require
parametric monitoring of all other addon air pollution control devices, such as
wet scrubbers, dry scrubbers and
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activated carbon injection. CISWI that
install selective non-catalytic reduction
technology to reduce NOX emissions are
required to monitor the reagent (e.g.,
ammonia or urea) injection rate and
secondary chamber temperature (if
applicable to the CISWI). This final
Federal plan also requires subcategoryspecific monitoring requirements in
addition to the aforementioned
inspection, bag leak detection, and
parametric monitoring requirements
that are applicable to all CISWI. Existing
incinerators, SRIs, and ERUs are
required to have annual emissions
testing for all 9 pollutants: PM, SO2,
HCl, NOX, CO, Pb, Cd, Hg, and dioxins
and furans. Waste-burning kilns are
required to monitor Hg and HCl (if no
scrubber) emissions using a continuous
emissions monitoring system, monitor
PM emissions using a PM continuous
parameter monitoring system (PM
CPMS), and perform annual testing for
the remaining pollutants.
The final Federal plan provides
reduced annual testing requirements for
all 9 pollutants when testing results are
shown to be well below the limits. If an
ERU has a design capacity greater than
250 Million British Thermal units per
hour, we are requiring a PM CPMS for
PM monitoring for these units. For the
PM CPMS, the EPA is further requiring
that a site-specific parametric operating
limit be established during the
performance test, that there be
continuous monitoring of that
parametric limit using a PM CPMS, and
that 4 deviations within a 12-month
operating period constitutes a violation
and triggers immediate corrective action
and a Method 5 performance test within
30 days with an additional 15 days to
reestablish a site-specific operating
limit. Consistent with the final CISWI
EG, all operating parameter averaging
for ERU units must be on a 30-day
rolling average and allow the sorbent
injection parameter to be adjusted based
on the ERU’s load. These testing and
monitoring provisions reflect those in
the final CISWI EG.
The final Federal plan incorporates by
reference two alternatives to the EPA
reference test methods, and one EPA
guidance document, as shown in table
6 below.
TABLE 6—LIST OF INCORPORATION BY REFERENCE (IBR)
Test method
ANSI/ASME PTC 19.10–1981, Flue and Exhaust
Gas Analyses [Part 10, Instruments and Apparatus], Issued August 31, 1981.
ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), approved March 1, 2024.
Fabric Filter Bag Leak Detection Guidance, EPA–
454/R–98–015, September 1997.
These tests are discussed further in
section VIII.I. of this preamble, titled
‘‘National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
part 51.’’
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2. Electronic Data Submittal
To increase the ease and efficiency of
data submittal and data accessibility,
the final Federal plan requires that
owners and operators of CISWI submit
electronic copies of required
performance test, performance
evaluation, initial, annual, and
deviation reports through the EPA’s
Central Data Exchange (CDX) using the
Compliance and Emissions Data
Reporting Interface (CEDRI). This
mirrors the final CISWI EG for CISWI.
A description of the electronic data
submission process is provided in the
memorandum Electronic Reporting
Requirements for New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
Rules, available in the docket for this
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Publisher
IBR in 40 CFR part 62, subpart IIIa
Available for purchase from the American Society
of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990, (800) 843–
2763, https://www.asme.org/.
Available for purchase from at least one of the following addresses: American Society for Testing
and Materials (ASTM), 100 Barr Harbor Drive,
Post Office Box C700, West Conshohocken, PA
19428–2959; or ProQuest, 300 North Zeeb
Road, Ann Arbor, MI 48106, (877) 909–2786,
https://www.astm.org/.
Available from the U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, https://
www.epa.gov or https://www3.epa.gov/ttnemc01/
cem/tribo.pdf.
§ 62.14640a(s)(1)(i) and (ii), (t)(1)(ii),
(t)(4)(i), and (z)(1)(i) and tables 4,
5, 6, and 7 to subpart IIIa of part
62.
§ 62.14665a(j) and tables 4, 5, and 7
to subpart IIIa of part 62.
action. The final rule requires that
performance test and performance
evaluation results be submitted in the
format generated through the use of the
ERT or an electronic file consistent with
the xml schema on the ERT website for
initial, deviation, and annual reports,
the final rule requires that owners and
operators use the appropriate
spreadsheet template to submit
information to CEDRI. The final version
of the templates for these reports will be
located on the CEDRI website.10
Furthermore, the EPA is finalizing
provisions that allow owners and
operators the ability to seek extensions
for submitting electronic reports for
circumstances beyond the control of the
facility, i.e., for a possible outage in CDX
or CEDRI or for a force majeure event,
in the time just prior to a report’s due
date, as well as the process to assert
such a claim. Examples of force majeure
events are acts of nature, acts of war or
10 https://www.epa.gov/electronic-reporting-airemissions/cedri.
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§ 62.14640a(r)(3) and (z)(2)(i).
terrorism, or equipment failure or safety
hazards beyond the control of the
facility. The EPA is providing these
potential extensions to protect owners
and operators from noncompliance in
cases where they cannot successfully
submit a report by the reporting
deadline for reasons outside of their
control. In both circumstances, the
decision to accept the claim of needing
additional time to report is within the
discretion of the Administrator, and
reporting should occur as soon as
possible. This also mirrors the final
CISWI EG for CISWI.
E. What are the final recordkeeping and
reporting requirements?
The EPA is finalizing requirements
that reflect those promulgated in the
final CISWI EG. The Federal plan
requires that records of all initial and all
subsequent performance tests, CEMS
performance evaluations, deviation
reports, operating parameter data,
continuous monitoring data,
maintenance and inspections of air
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pollution control devices, monitoring
plan, and operator training and
qualification must be maintained for 5
years. Any incident of deviation,
resumed operation following shutdown,
force majeure, intent to stop or start use
of Continuous Monitoring Systems
(CMS), and intent of conducting or
rescheduling a performance test are
required to be reported to the
Administrator. Furthermore, final
compliance reports are required
following the completion of each
requirement and identifying any missed
requirement. See section IV.B. of this
preamble for a more detailed discussion
of the compliance schedules.
F. What are the other final
requirements?
We are finalizing requirements for the
Federal plan to make it consistent with
the final CISWI EG, including technical
amendments promulgated on April 16,
2019. For example, the final CISWI
Federal plan includes the requirement
for owners or operators of existing
CISWI to meet operator training and
qualification requirements, which
include: ensuring that at least one
operator or supervisor per facility
complete the operator training course,
that qualified operator(s) or
supervisor(s) complete an annual review
or refresher course specified in the
regulation, and that they maintain plantspecific information, updated annually,
regarding training.
Owners or operators of existing CISWI
are also required to submit a monitoring
plan for any CMS or bag leak detection
system used to comply with the rule.
V. CISWI That Have or Will Shut Down
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A. Units That Plan To Close
The final Federal plan establishes that
if owners or operators plan to
permanently close currently operating
CISWI, they must do so and submit a
closure notification to the Administrator
by January 10, 2025. The final
requirements for closing a CISWI are set
forth at 40 CFR 62.14570 (subpart III)
(now at 40 CFR 62.14540 (subpart IIIa)).
Conversely, the CISWI requirements do
apply to a ‘‘mothballed unit’’ or inactive
unit, where a unit does not operate, but
it is not rendered inoperable. Until such
time as a unit is permanently closed, it
must comply with any applicable
requirements of the Federal plan. In
addition, while still in operation, the
CISWI is subject to the same
requirements for title V operating
permits that apply to units that will
continue to operate.
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B. Inoperable Units
The Federal plan provides that in
cases where a CISWI has already shut
down permanently and has been
rendered inoperable (e.g., waste charge
door is welded shut, stack is removed,
combustion air blowers removed,
burners or fuel supply equipment are
removed), the CISWI may be left off the
source inventory in a state plan or this
final Federal plan. A CISWI that has
been rendered inoperable would not be
covered by the Federal plan.
C. CISWI That Have Shut Down
The unit inventory for this Federal
plan includes any CISWI known to have
already shut down (but not known to be
inoperable).
1. Restarting Before the Final
Compliance Date
If the owner or operator of an inactive
CISWI plans to restart before the final
compliance date, the owner or operator
must achieve final compliance by
January 10, 2025.
2. Restarting After the Final Compliance
Date
Under the final Federal plan, if the
owner or operator of a CISWI closes the
CISWI, but restarts the unit after the
final compliance date of January 10,
2025, the owner or operator must
complete emission control retrofits and
meet the emissions and operating limits
on the date the CISWI restarts operation.
Within 6 months of the unit startup,
operator(s) of these CISWI would have
to complete the operator training and
qualification requirements. Within 60
days of installing an air pollution
control device, operator(s) must conduct
a unit inspection. Performance testing to
demonstrate initial compliance would
also be required as described at 40 CFR
62.14650 (now at 40 CFR 62.14615a). A
CISWI may not use the provisions to
close the CISWI and restart after the
compliance date to gain an effective
‘‘extension’’ of the operator training and
qualification requirements or initial
compliance requirements. A CISWI that
operates out of compliance after the
final compliance date will be in
violation of the Federal plan and subject
to enforcement action.
VI. Implementation of the Federal Plan
and Delegation
A. Background of Authority
Under sections 111(d) and 129(b) of
the CAA, the EPA is required to adopt
EG that are applicable to existing solid
waste incineration units. These EG are
implemented when the EPA approves a
state plan or adopts a Federal plan that
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implements and enforces the EG. As
discussed above, the Federal plan
regulates CISWI in states that do not
have fully approved plans in effect to
implement the EG.
Congress has determined that the
primary responsibility for air pollution
prevention and control rests with state
and local agencies. (See section
101(a)(3) of the CAA.) Consistent with
that overall determination, Congress
established sections 111 and 129 of the
CAA with the intent that the state and
local agencies take the primary
responsibility for ensuring that the
emissions limitations and other
requirements in the EG are achieved.
Also, in section 111(d) of the CAA,
Congress explicitly required that the
EPA establish procedures that are
similar to those under CAA section
110(c) for state implementation plans.
Although Congress required the EPA to
propose and promulgate a Federal plan
for states that fail to submit approvable
state plans on time, states may submit
plans at any time that may replace the
CISWI Federal plan. The EPA strongly
encourages states that are unable to
submit approvable plans to request
delegation of the Federal plan so that
they can have primary responsibility for
implementing the final CISWI EG,
consistent with the intent of Congress.
The preferred outcome under the
statute and the regulations results when
the state, tribal, and local agencies
implement the EPA approved state (or
tribal) plan because state, tribal, and
local agencies not only have the
responsibility to implement the final
CISWI EG, but also have the practical
knowledge and enforcement resources
critical to achieving the highest rate of
compliance. In cases where states are
unable to develop and submit
approvable state plans, it is still
preferable for the state and local
agencies to be the implementing agency.
For these reasons, the EPA will do all
that it can to expedite delegation of the
Federal plan to state, tribal, and local
agencies, whenever possible, in cases
where states are unable to develop and
submit approvable state plans. The EPA
will also continue to review and act on
state plans after promulgation of the
CISWI Federal plan.
B. Mechanisms for Transferring
Authority
There are 2 mechanisms for
transferring implementation authority to
state, tribal, and local agencies: (1) The
EPA approval of a state plan after the
Federal plan is in effect; and (2) if a state
does not submit or obtain approval of its
own plan, the EPA delegation to a state,
tribe, or local agency with the authority
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to implement certain portions of this
Federal plan to the extent appropriate
and if allowed by state law. Both of
these options are described in more
detail below.
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1. Federal Plan Becomes Effective Prior
to Approval of a State Plan
After a CISWI in a state without an
approved state plan becomes subject to
the Federal plan, the state or tribal
agency may still adopt and submit a
state or tribal plan to the EPA. If the
EPA determines that the state or tribal
plan is as protective as the final CISWI
EG, the EPA will approve the state or
tribal plan. If the EPA determines that
the plan is not as protective as the final
CISWI EG, the EPA may approve the
portions of the plan that are consistent
with the final CISWI EG. If a state or
tribal plan is approved in part, the
Federal plan will apply to the affected
CISWI in lieu of the disapproved
portions of the state plan until the state
or tribe addresses the deficiencies in the
state plan and the revised state plan is
approved by the EPA. Prior to any
disapproval, the EPA will work with
states and tribes to attempt to reconcile
areas of the plan that remain
inconsistent with the EG.
Upon the effective date of a state or
tribal plan, the Federal plan would no
longer apply to CISWI covered by such
a plan and the state, tribe, territory, or
local agency would implement and
enforce the state plan in lieu of the
Federal plan. When an EPA regional
office approves a state or tribal plan, it
will amend the appropriate subpart of
40 CFR part 62 to indicate such
approval.
2. State, Tribe, Territory, or Local
Agency Taking Delegation of the Federal
Plan
The EPA, in its discretion, may
delegate to state, tribe, territorial, or
local agencies the authority to
implement this Federal plan. As
discussed above, the EPA has concluded
that it is advantageous and the best use
of resources for states, tribes, territories,
or local agencies to agree to undertake,
on the EPA’s behalf, administrative and
substantive roles in implementing the
Federal plan to the extent appropriate
and where authorized by Federal, state,
tribal, territorial, or local law. If a state,
tribe, territory, or local agency requests
delegation, the EPA will generally
delegate the entire Federal plan to the
state, tribe, territory, or local agency.
These functions include administration
and oversight of compliance, and
reporting and recordkeeping
requirements, CISWI inspections and
preparation of draft notices of violation,
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but will not include any authorities
retained by the EPA. Agencies that have
taken delegation, as well as the EPA,
will have responsibility for bringing
enforcement actions against sources
violating Federal plan provisions.
C. Implementing Authority
The EPA Regional Administrators
have been delegated the authority for
implementing the CISWI Federal plan.
All reports required by the Federal plan
should be submitted to the appropriate
Regional Administrator. Section II.C. of
this preamble includes table 3 that lists
names and addresses of the EPA
regional office contacts and the states
they cover.
D. Delegation of the Federal Plan and
Retained Authorities
If a state, tribe, territory, or local
agency intends to take delegation of the
Federal plan, the state, tribe, territory, or
local agency should submit to the
appropriate EPA regional office a
written request for delegation of
authority. The state, tribe, territory, or
local agency should explain how it
meets the criteria for delegation. See
generally ‘‘Good Practices Manual for
Delegation of NSPS and NESHAP’’ (U.S.
EPA, February 1983).11 The letter
requesting delegation of authority to
implement the Federal plan should: (1)
demonstrate that the state, tribe,
territory, or local agency has adequate
resources, as well as the legal authority
to administer and enforce the program,
(2) include an inventory of affected
CISWI, which includes those that have
ceased operation, but have not been
dismantled or rendered inoperable, and
an inventory of the affected units’ air
emissions and a provision for state
progress reports to the EPA, (3) certify
that a public hearing was held on the
state, tribe, territory, or local agency
delegation request, and (4) include a
memorandum of agreement between the
state, tribe, territory, or local agency and
the EPA that sets forth the terms and
conditions of the delegation, the
effective date of the agreement and the
mechanism to transfer authority. Upon
signature of the agreement, the
appropriate EPA Regional office would
publish an approval document in the
Federal Register, thereby incorporating
the delegation of authority into the
appropriate subpart of 40 CFR part 62.
If authority is not delegated to a state,
tribe, territory, or local agency, the EPA
will implement the Federal plan. Also,
11 ‘‘Good Practices Manual for Delegation of NSPS
and NESHAPS.’’ U.S. EPA, Office of Air Quality
Planning and Standards (February 1983). https://
www.epa.gov/sites/default/files/2015-05/
documents/epa_good_pract_man_ch1-5.pdf.
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if a state, tribe, territory, or local agency
fails to properly implement a delegated
portion of the Federal plan, the EPA
will assume direct implementation and
enforcement of that portion. The EPA
will continue to hold enforcement
authority along with the state, tribe,
territory, or local agency even when the
agency has received delegation of the
Federal plan. In all cases where the
Federal plan is delegated, the EPA will
retain and will not transfer authority to
a state, tribe, or local agency to approve
the items in 40 CFR 62.14838 (now at
40 CFR 62.14775) promulgated in the
final CISWI EG. CISWI owners or
operators who wish to petition the
Agency for any alternative requirement
should submit a request to the Regional
Administrator with a copy sent to the
appropriate state.
VII. Title V Operating Permits
All existing CISWI located at
commercial or industrial facilities and
regulated under state, tribal, or Federal
plans implementing the final CISWI EG
must operate in a manner consistent
with a title V operating permit that
assures compliance with all federally
applicable requirements for any
regulated CISWI, including all
applicable CAA section 129
requirements.12
The permit application deadline for a
CAA section 129 source applying for a
title V operating permit depends on
when the source first becomes subject to
the relevant title V permit program.
Because existing major sources are
subject to title V,13 major source
facilities that contain existing CISWI
should already have a title V permit. In
such cases, the source must comply
with the title V permit revision
provisions of the relevant state title V
program instead of applying for a title
V permit. In contrast, the application
deadline would apply to CISWI at
facilities that are not subject to the title
V permit program for other reasons.
Such sources with an existing CISWI or
air curtain incinerator subject to this
Federal plan must submit a complete
title V permit application by the earliest
of the following dates:
• Twelve (12) months after the
effective date of any applicable EPAapproved CAA sections 111(d)/129 plan
(i.e., approved state or tribal plan that
implements the final CISWI EG); or
• Twelve (12) months after the
effective date of any applicable Federal
plan; or
12 40
CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1).
section 503(c) and 40 CFR 70.3(a) and (b),
70.5(a)(1)(i), 71.3(a) and (b), and 71.5(a)(1)(i).
13 CAA
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• Thirty-six (36) months after
promulgation of 40 CFR part 60, subpart
DDDD (i.e., February 7, 2016).
For any existing CISWI not subject to
an earlier permit application deadline,
the application deadline of February 7,
2016, which is in the past, applies
regardless of whether or when any
applicable Federal plan is effective, or
whether or when any applicable CAA
sections 111(d)/129 plan is approved by
the EPA and becomes effective. (See
CAA sections 129(e), 503(c), 503(d),
502(a), and 40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i).)
For more background information on
the interface between CAA section 129
and title V, including the EPA’s
interpretation of CAA section 129(e), see
the final Federal plan for Commercial
and Industrial Solid Waste Incinerators,
October 3, 2003 (68 FR 57518, 57532).
See also the final Federal plan for
Hospital Medical Infectious Waste
Incinerators, August 15, 2000 (65 FR
49868, 49877).
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Title V and Delegation of a Federal Plan
As noted previously, issuance of a
title V permit is not itself equivalent to
the approval of a state or tribal plan or
delegation of a Federal plan.14 Legally,
delegation of a standard or requirement
results in a delegated state, local, or
tribal agency standing in for the EPA as
a matter of Federal law. This means that
obligations a source may have to the
EPA under a federally promulgated
standard become obligations to a state,
tribal, or local agency (except for
functions that the EPA retains for itself)
upon delegation.15 Although a state,
local, or tribal agency must have the
authority under state, local, or tribal law
to incorporate CAA section 111/129
requirements into its title V permits,
and implement and enforce these
requirements in these permits without
first taking delegation of the CAA
section 111/129 Federal plan, the state,
local, or tribal agency is not standing in
for the EPA as a matter of Federal law
in this situation. Where a state, local, or
tribal agency does not take delegation of
a section 111/129 Federal plan,
obligations that a source has to the EPA
under the Federal plan continue after a
title V permit is issued to the source. As
a result, the EPA maintains that an
14 See, e.g., the ‘‘Title V and Delegation of a
Federal Plan’’ section of the proposed Federal plan
for CISWI, November 25, 2002 (67 FR 70640,
70652). The preamble language from this section in
the proposed Federal plan for CISWI was reaffirmed
in the final Federal plan for CISWI, October 3, 2003
(68 FR 57518, 57535).
15 If the Administrator chooses to retain certain
authorities under a standard, those authorities
cannot be delegated, e.g., major alternatives to test
alternative methods.
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approved 40 CFR part 70 operating
permits program alone cannot be used
as a mechanism to transfer the authority
to implement and enforce the Federal
plan from the EPA to a state, local, or
tribal agency.
As mentioned above, a state, local, or
tribal agency title V program necessarily
includes the authority to incorporate
CAA section 111/129 requirements into
its title V permits, and implement and
enforce these requirements in that
context without first taking delegation
of the CAA section 111/129 Federal
plan.16 Some states, local governments,
or tribes, however, may not be able to
implement and enforce a CAA section
111/129 standard in a title V permit
under state, local, or tribal law until the
CAA section 111/129 standard has been
delegated. In these situations, a state,
local, or tribal agency should not issue
a 40 CFR part 70 permit to a source
subject to a Federal plan before taking
delegation of the section 111/129
Federal plan.
However, if a state or tribe can
provide an Attorney General’s (AG)
opinion delineating its authority to
incorporate CAA section 111/129
requirements into its title V permits,
and then implement and enforce these
requirements through its title V permits
without first taking delegation of the
requirements, then a state, local, or
tribal agency does not need to take
delegation of the CAA section 111/129
requirements for purposes of title V
permitting.17 In practical terms, without
approval of a state or tribal plan,
delegation of a Federal plan, or an
adequate AG’s opinion, states, local
governments, and tribes with approved
40 CFR part 70 permitting programs
open themselves up to potential
questions regarding their authority to
issue permits containing CAA section
111/129 requirements and to assure
compliance with these requirements.
Such questions could lead to the
issuance of a notice of deficiency for a
state’s or tribe’s 40 CFR part 70 program.
As a result, prior to a state, local, or
tribal permitting authority drafting a
16 The EPA interprets the phrase ‘‘assure
compliance’’ in CAA section 502(b)(5)(A) to mean
that permitting authorities will implement and
enforce each applicable standard, regulation, or
requirement which must be included in the title V
permits that the permitting authorities issue. See
definition of ‘‘applicable requirement’’ in 40 CFR
70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1).
17 It is important to note that an AG’s opinion
submitted at the time of initial title V program
approval is sufficient if it demonstrates that a state
or tribe has adequate authority to incorporate CAA
section 111/129 requirements into its title V permits
and to implement and enforce these requirements
through its title V permits without delegation and
no subsequent state law or regulation has in some
way limited that authority.
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part 70 permit for a source subject to a
CAA section 111/129 Federal plan, the
state, local government, or tribe, the
EPA regional office and the source in
question are advised to ensure that
delegation of the relevant Federal plan
has taken place or that the permitting
authority has provided an adequate
AG’s opinion to the EPA Regional office.
In addition, if a permitting authority
chooses to rely on an AG’s opinion and
not take delegation of a Federal plan, a
CAA section 111/129 source subject to
the Federal plan in that state must
simultaneously submit to both the EPA
and the state, local government, or tribe
all reports required by the standard to
be submitted to the EPA. Given that
these reports are necessary to
implement and enforce the CAA section
111/129 requirements when they have
been included in title V permits, the
permitting authority needs to receive
these reports at the same time as the
EPA.
In the situation where a permitting
authority chooses to rely on an AG’s
opinion and not take delegation of a
Federal plan, the EPA regional offices
will be responsible for implementing
and enforcing CAA section 111/129
requirements outside of any title V
permits. Moreover, in this situation, the
EPA regional offices will continue to be
responsible for developing progress
reports and conducting any other
administrative functions required under
this Federal plan or any other CAA
section 111/129 Federal plan. See
section IV.B of this preamble, titled
‘‘What are the final compliance
schedules?’’
It is important to note that the EPA is
not using its authority under 40 CFR
70.4(i)(3) to request that all states, local
governments, and tribes that do not take
delegation of this Federal plan submit
supplemental AG’s opinions at this
time. However, the EPA regional offices
shall request, and permitting authorities
shall provide, such opinions when the
EPA questions a state’s or tribe’s
authority to incorporate CAA section
111/129 requirements into a title V
permit and implement and enforce these
requirements in that context without
delegation.
VIII. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100103
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined under
section 3(f)(1) of Executive Order 12866,
as amended by Executive Order 14094,
and was therefore not subject to a
requirement for Executive Order 12866
review.
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B. Paperwork Reduction Act (PRA)
The information collection activities
in this rule will be submitted for
approval to the Office of Management
and Budget (OMB) under the PRA. The
Information Collection Request (ICR)
document that the EPA prepared has
been assigned EPA ICR number 2385.09.
You can find a copy of the ICR in the
docket for this rule, and it is briefly
summarized here. The information
collection requirements are not
enforceable until OMB approves them.
This action finalizes the CISWI
Federal plan to implement the EG
adopted on February 7, 2013,18 for those
states that do not have a fully approved
state plan implementing the EG. While
there were amendments to the 2013 rule
on June 23, 2016, and April 16, 2019,
neither of those final actions imposed
any new information collection burden
under the PRA (see 81 FR 40969 and 84
FR 15852, respectively). OMB has
previously approved the information
collection activities contained in the
existing regulation and has assigned
OMB Control number 2060–0664 for 40
CFR part 60, subpart DDDD. While this
action is believed to result in no
changes to the information collection
requirements of the 2013 CISWI rule, it
does implement the CISWI standards to
a subset of existing units that will be
regulated by implementing this final
action. Therefore, in addition to the
total burden, the EPA is presenting an
estimate of the subset of the CISWI
respondent universe and burden that
will be subject to the CISWI Federal
plan instead of being regulated under an
approved state plan for the CISWI EG.
These estimates are provided below.
Respondents/affected entities:
Owners and operators of existing CISWI.
Respondent’s obligation to respond:
Mandatory (40 CFR part 60, subpart
DDDD, and 40 CFR part 62, subpart III,
now at 40 CFR part 62, subpart IIIa).
Estimated number of respondents:
The annual number of responding
facilities complying with the
requirements of the CISWI EG is 76. Of
the total, 40 are subject to this final
18 See
78 FR 9112, February 7, 2013.
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rule’s implementation of the CISWI EG
per 40 CFR part 62, subpart III, now at
40 CFR part 62, subpart IIIa.
Frequency of response: Initially,
annually, and semiannually.
Total estimated burden: The annual
recordkeeping and reporting burden for
responding facilities to comply with all
of the requirements in the CISWI EG,
averaged over the 3 years of this ICR, is
estimated to be 8,660 hours. Of these,
4,420 hours (per year) is the portion of
the burden to comply with this final
rule’s portion of implementing the
CISWI EG. Burden is defined at 5 CFR
1320.3(b).
Total estimated cost: The annual
recordkeeping and reporting cost for
responding facilities to comply with all
of the requirements in the CISWI EG,
averaged over the 3 years of this ICR, is
estimated to be $13,300,000 (per year),
including $12,300,000 annualized
capital or operation and maintenance
costs. Of the CISWI total, $3,700,000
(per year) is the portion of the cost to
comply with this final rule’s portion of
implementing the CISWI EG, including
$3,200,000 in annualized capital or
operation and maintenance costs.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the EPA’s regulations in 40
CFR are listed in 40 CFR part 9. When
OMB approves this ICR, the Agency will
announce the approval in the Federal
Register and publish a technical
amendment to 40 CFR part 9 to display
the OMB control number for the
approved information collection
activities contained in this final rule.
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 EPA concludes that
the impact of concern for this rule is any
significant adverse economic impact on
small entities. The agency is certifying
that this rule will not have a significant
economic impact on a substantial
number of small entities because the
rule implements the EG for owners of
existing CISWI that were established by
the February 7, 2013, final rule (78 FR
9112), and that rule was certified as not
having a significant economic impact on
a substantial number of small entities.
This action establishes a Federal plan to
implement and enforce those
requirements in those states that do not
have their own EPA-approved state plan
for implementing and enforcing the
requirements. We have, therefore,
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concluded that this action will have no
net regulatory burden for all directly
regulated small entities beyond those
considered for the CISWI EG.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. The
action imposes no enforceable duty 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 owned or operated by Indian
tribal governments at the time of the
publication of this document. Thus,
Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order.
Therefore, this action is not subject to
Executive Order 13045 because it
implements a previously promulgated
emission guidelines.
Furthermore, the EPA’s Policy on
Children’s Health does not apply to this
action because it implements a
technology-based standard and does not
concern an environmental health risk or
safety risk.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Orders 12866.
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100104 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
I. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves technical
standards. Please reference table 6 of
this preamble for the locations where
these standards are available. The EPA
has decided to use ANSI/ASME PTC
19.10–1981, ‘‘Flue and Exhaust Gas
Analyses,’’ for its manual methods of
measuring the oxygen or carbon dioxide
content of the exhaust gas. These parts
of ASME PTC 19.10–1981 are acceptable
alternatives to EPA Methods 6 and 7 for
the manual procedures only. The
manual method segment of the oxygen
determination is performed through the
absorption of oxygen. This method is
available at the American National
Standards Institute (ANSI), 1899 L
Street NW, 11th Floor, Washington, DC
20036 and the American Society of
Mechanical Engineers (ASME), Two
Park Avenue, New York, NY 10016–
5990. See https://www.ansi.org and
https://www.asme.org. The standard is
available to everyone at a cost
determined by ANSI/ASME ($80).
ANSI/ASME also offer memberships or
subscriptions for reduced costs. The
cost of obtaining this method is not a
significant financial burden, making the
method reasonably available.
Another voluntary consensus
standard (VCS), ASTM D6784–24,
‘‘Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total
Mercury Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro
Method)’’, for its manual method of
measuring mercury is an acceptable
alternative to Method 29 and 30B.
Initially developed for the measurement
of mercury in coal-fired power plants,
this method has been used on other
combustion sources such as the waste
incinerators subject to this rule. This
method is available for purchase from at
least one of the following addresses:
American Society for Testing and
Materials (ASTM), 100 Barr Harbor
Drive, Post Office Box C700, West
Conshohocken, PA 19428–2959; or
ProQuest, 300 North Zeeb Road, Ann
Arbor, MI 48106, (877) 909–2786,
https://www.astm.org/. The standard is
available to everyone at a cost
determined by ASTM ($90). The cost of
obtaining this method is not a
significant financial burden, making the
method reasonably available.
The EPA further determined to use
Office of Air Quality Planning and
Standards (OAQPS) Fabric Filter Bag
Leak Detection Guidance, EPA–454/R–
98–015, September 1997, for its
guidance on the use of triboelectric
monitors as bag leak detectors for a
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fabric filter air pollution control device
and monitoring system decriptions,
selection, installation, set up,
adjustment, operation, and quality
assurance procedures. This standard is
available from the U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460,
(202) 272–0167, https://www.epa.gov or
https://www3.epa.gov/ttnemc01/cem/
tribo.pdf. The EPA determined that this
standard is reasonably available because
it is freely available from the EPA.
Lastly, the EPA decided to use EPA
Methods 5, 6, 6C, 7, 7E, 9, 10, 10A, 10B,
22, 23, 26A, 29, and 30B. No VCS were
found for EPA Methods 9 and 22.
While the EPA has identified 23 VCS
as being potentially applicable to the
rule, we have decided not to use these
VCS in this rulemaking. The use of
these VCS would be impractical because
they do not meet the objectives of the
standards cited in this rule. See the
docket for the final CISWI EG (Docket ID
No. EPA–HQ–OAR–2003–0119), which
are being implemented under this
action, for further information.
Under 40 CFR 62.14838 (now at 40
CFR 62.14775a), the EPA Administrator
retains the authority of approving
alternate methods of demonstrating
compliance as established under 40 CFR
60.8(b) and 60.13(i) (subpart A (NSPS
General Provisions)). A source may
apply to the EPA for permission to use
alternative test methods or alternative
monitoring requirements in place of any
required EPA test methods, performance
specifications, or procedures.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that it is not
practicable to assess whether the human
health or environmental conditions that
exist prior to this action result in
disproportionate and adverse effects on
communities with environmental justice
concerns. This action implements the
final CISWI EG, which was published in
2013. At that time, no analysis was
performed on the inventory of units and
proximity to communities with existing
environmental justice concerns.
The EPA believes that this action is
not likely to result in new
disproportionate and adverse effects on
communities with environmental justice
concerns.
The information supporting this
Executive order review is contained in
this preamble section, as well as the
final CISWI EG discussion for Executive
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Order 12898 (78 FR 9178, February 7,
2013). This Federal plan implements the
final CISWI EG for states that do not
have a fully approved state plan
implementing the final CISWI EG. As
discussed in the preamble to the 2013
CISWI rule, the final CISWI EG will not
have disproportionately high and
adverse human health or environmental
effects on communities with EJ concerns
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
communities with EJ concerns.
The amendments finalized in 2013
(made to the 2011 CISWI final rule), as
well as subsequent amendments made
in 2016 and 2019, do not relax the
control measures on sources regulated
by the CISWI rule, and, therefore, will
not cause emissions increases from
these sources. The February 2013 final
CISWI rule will reduce emissions of all
the listed hazardous air pollutants
(HAP) emitted from this source when
implemented either through an
approved state plan or this final Federal
plan. This includes emissions of Cd,
HCl, Pb, and Hg. Other emissions
reductions include reductions of criteria
pollutants such as CO, NOX, PM
(including particulate matter 2.5
microns or less), SO2, and NOX. SO2 and
NOX are precursors for the formation of
particulate matter (diameter less than or
equal to 2.5 micrometers (PM2.5)) and
NOX is a precursor for ozone. Reducing
these emissions will decrease the
amount of such pollutants to which all
affected populations are exposed.
K. Congressional Review Act (CRA)
This action is subject to the CRA and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Michael S. Regan,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 62 of
the Code of Federal Regulations is
amended as follows:
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PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart III—Federal Plan
Requirements for Commercial and
Industrial Solid Waste Incineration
Units That Commenced Construction
On or Before November 30, 1999
2. Amend § 62.14510 by adding
paragraph (d) to read as follows:
■
§ 62.14510
Am I subject to this subpart?
*
*
*
*
*
(d) On and after January 10, 2025,
CISWI will no longer be subject to the
requirements of this subpart and instead
will be subject to the requirements of
subpart IIIa of this part.
■ 3. Add subpart IIIa, consisting of
§§ 62.14500a through 62.14780a, to read
as follows:
Subpart IIIa—Federal Plan
Requirements for Commercial and
Industrial Solid Waste Incineration
Units That Commenced Construction
On or Before June 4, 2010, and Have
Not Been Modified or Reconstructed
Since August 7, 2013
Sec.
Introduction
62.14500a What is the purpose of this
subpart?
62.14505a What are the principal
components of this subpart?
Applicability
62.14510a Am I subject to this subpart?
62.14515a Can my CISWI be covered by
both a state plan and this subpart?
62.14520a How do I determine if my CISWI
is covered by an approved and effective
state or tribal plan?
62.14525a If my CISWI is not listed in the
Federal plan inventory, am I exempt
from this subpart?
62.14530a Can my combustion unit be
exempt from this subpart?
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Compliance Schedule
62.14535a When must I comply with this
subpart if I plan to continue operation of
my CISWI?
62.14540a What must I do if I plan to
permanently close my CISWI?
62.14545a What must I do if I close my
CISWI and then restart it?
Waste Management Plan
62.14550a What is a waste management
plan?
62.14555a When must I submit my waste
management plan?
62.14560a What should I include in my
waste management plan?
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Operator Training and Qualification
62.14565a What are the operator training
and qualification requirements?
62.14570a When must the operator training
course be completed?
62.14575a How do I obtain my operator
qualification?
62.14580a How do I maintain my operator
qualification?
62.14585a How do I renew my lapsed
operator qualification?
62.14590a What site-specific
documentation is required?
62.14595a What if all the qualified
operators are temporarily not accessible?
Emission Limitations and Operating Limits
62.14600a What emission limitations must I
meet and by when?
62.14605a What operating limits must I
meet and by when?
62.14610a 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
62.14615a How do I conduct the initial and
annual performance test?
62.14620a How are the performance test
data used?
Initial Compliance Requirements
62.14625a How do I demonstrate initial
compliance with the emission
limitations and establish the operating
limits?
62.14630a By what date must I conduct the
initial performance test?
62.14635a By what date must I conduct the
initial air pollution control device
inspection?
Continuous Compliance Requirements
62.14640a How do I demonstrate
continuous compliance with the
emission limitations and the operating
limits?
62.14645a By what date must I conduct the
annual performance test?
62.14650a By what date must I conduct the
annual air pollution control device
inspection?
62.14655a May I conduct performance
testing less often?
62.14660a May I conduct a repeat
performance test to establish new
operating limits?
Monitoring
62.14665a What monitoring equipment
must I install and what parameters must
I monitor?
62.14670a Is there a minimum amount of
monitoring data I must obtain?
Recordkeeping and Reporting
62.14675a What records must I keep?
62.14680a Where and in what format must
I keep my records?
62.14685a What reports must I submit?
62.14690a When must I submit my waste
management plan?
62.14695a What information must I submit
following my initial performance test?
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62.14700a When must I submit my annual
report?
62.14705a What information must I include
in my annual report?
62.14710a What else must I report if I have
a deviation from the operating limits or
the emission limitations?
62.14715a What must I include in the
deviation report?
62.14720a What else must I report if I have
a deviation from the requirement to have
a qualified operator accessible?
62.14725a Are there any other notifications
or reports that I must submit?
62.14730a In what form can I submit my
reports?
62.14735a Can reporting dates be changed?
Air Curtain Incinerators (ACIs)
62.14740a What is an air curtain
incinerator?
62.14745a What must I do if I close my air
curtain incinerator and then restart it?
62.14750a What must I do if I plan to
permanently close my air curtain
incinerator and not restart it?
62.14755a What are the emission
limitations for air curtain incinerators?
62.14760a How must I monitor opacity for
air curtain incinerators?
62.14765a What are the recordkeeping and
reporting requirements for air curtain
incinerators?
Title V Requirements
62.14770a Am I required to apply for and
obtain a title V operating permit for my
unit?
Delegation of Authority
62.14775a What authorities are withheld by
the EPA Administrator?
Definitions
62.14780a What definitions must I know?
Table 1 to Subpart IIIa of Part 62—Operating
Limits for Wet Scrubbers
Table 2 to Subpart IIIa of Part 62—Toxic
Equivalency Factors
Table 3 to Subpart IIIa of Part 62—Summary
of Reporting Requirements
Table 4 to Subpart IIIa of Part 62—Model
Rule—Emission Limitations That Apply
to Incinerators On and After January 10,
2025
Table 5 to Subpart IIIa of Part 62—Model
Rule—Emission Limitations That Apply
to Energy Recovery Units After January
10, 2025
Table 6 to Subpart IIIa of Part 62—Model
Rule—Emission Limitations That Apply
to Waste-Burning Kilns After January 10,
2025
Table 7 to Subpart IIIa of Part 62—Model
Rule—Emission Limitations That Apply
to Small, Remote Incinerators After
January 10, 2025
Introduction
§ 62.14500a
subpart?
What is the purpose of this
(a) This subpart establishes emission
requirements and compliance schedules
for the control of emissions from
commercial and industrial solid waste
incineration units (CISWI) that are not
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covered, or are only partially covered,
by an EPA approved and currently
effective state or tribal plan. The
pollutants addressed by the emission
requirements in this subpart are listed
in tables 4 through 7 to this subpart. The
emission requirements in this subpart
were developed in accordance with
sections 111 and 129 of the Clean Air
Act and 40 CFR part 60, subpart B.
(b) In this subpart, ‘‘you’’ means the
owner or operator of a CISWI.
§ 62.14505a What are the principal
components of this subpart?
This subpart contains the ten major
components listed in paragraphs (a)
through (j) of this section.
(a) Waste management plan.
(b) Operator training and
qualification.
(c) Emission limitations and operating
limits.
(d) Performance testing.
(e) Initial compliance requirements.
(f) Continuous compliance
requirements.
(g) Monitoring.
(h) Recordkeeping and reporting.
(i) Definitions.
(j) Tables.
Applicability
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§ 62.14510a
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a CISWI as defined
in § 62.14780a or an air curtain
incinerator as defined in § 62.14780a
and the CISWI or air curtain incinerator
meets the criteria described in
paragraphs (a)(1) through (3) of this
section.
(1) Construction of your CISWI or air
curtain incinerator commenced on or
before June 4, 2010, and have not been
modified or reconstructed since August
7, 2013.
(2) Your CISWI is not exempt under
§ 62.14530a.
(3) Your CISWI is not regulated by an
EPA approved and currently effective
state or tribal plan, or your CISWI is
located in any state whose approved
state or tribal plan is only approved in
part. In the case of a state or tribal
program that is approved in part, the
Federal plan applies to affected CISWI
in lieu of the disapproved portions of
the state or tribal program until the state
or tribe plan addresses the deficiencies
and the revised plan is approved by the
EPA.
(b) If changes to the CISWI are made
after August 7, 2013, that meet the
definition of modification or
reconstruction in this subpart, your
CISWI is subject to 40 CFR part 60,
subpart CCCC, and this subpart no
longer applies to that unit.
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(c) If you make physical or
operational changes to your existing
CISWI primarily to comply with this
subpart, then such changes do not
qualify as modifications or
reconstructions under 40 CFR part 60,
subpart CCCC.
§ 62.14515a Can my CISWI be covered by
both a state plan and this subpart?
(a) If your CISWI is located in a state
that does not have an EPA-approved
state plan or your state’s plan has not
become effective, this subpart applies to
your CISWI until the EPA approves a
state plan that covers your CISWI and
that state plan becomes effective.
However, a state may enforce the
requirements of a state regulation while
your CISWI is still subject to this
subpart.
(b) After the EPA fully approves a
state plan covering your CISWI, and
after that state plan becomes effective,
you will no longer be subject to this
subpart and will only be subject to the
approved and effective state plan. If the
state or tribal plan are only approved in
part, you will remain subject to the
Federal plan to the extent necessary to
address the deficiencies in the
disapproved portions of the state or
tribal plan.
§ 62.14520a How do I determine if my
CISWI is covered by an approved and
effective state or tribal plan?
This part contains a list of state and
tribal areas with approved Clean Air Act
section 111(d) and section 129 plans
along with the effective dates for such
plans. The list is published annually. If
this part does not indicate that your
state or tribal area has an approved and
effective plan, you should contact your
state environmental agency’s air director
or your EPA Regional Office to
determine if the EPA has approved a
state plan covering your CISWI since
publication of the most recent version of
this subpart.
§ 62.14525a If my CISWI is not listed in the
Federal plan inventory, am I exempt from
this subpart?
Any CISWI that meets the
applicability criteria in § 62.14510a is
required to comply with the applicable
emissions guidelines even if the source
is not listed in the Federal plan or
otherwise applicable state or tribal plan
inventory. CISWI subject to this subpart
are not limited to the inventory of
sources listed in Docket EPA–HQ–OAR–
2016–0664 for the Federal plan. If your
CISWI meets the applicability criteria in
§ 62.14510a, this subpart applies to you
whether or not your CISWI is listed in
the Federal plan inventory in the
docket.
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§ 62.14530a Can my combustion unit be
exempt from this subpart?
This subpart exempts 11 types of
units, described in paragraphs (a)
through (k) of this section, from
complying with the requirements of this
subpart with the exception of the
requirements specified in this section.
(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
§ 62.14785a 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 the criteria in this paragraph
(a).
(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) Municipal waste combustion units.
Incineration units that are regulated
under 40 CFR part 60, subpart Ea, Eb,
Cb, AAAA, or BBBB or subpart JJJ of
this part.
(c) Medical waste incineration units.
Incineration units regulated under 40
CFR part 60, subparts Ec and Ce and
subpart HHH of this part.
(d) Small power production facilities.
Units that meet the four requirements
specified in paragraphs (d)(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.
(4) You must maintain the records
specified in § 62.14675a(t).
(e) Cogeneration facilities. Units that
meet the four requirements specified in
paragraphs (e)(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
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industrial, commercial, heating, or
cooling purposes.
(3) You submit documentation to the
Administrator notifying the Agency that
the qualifying cogeneration facility is
combusting homogenous waste.
(4) You maintain the records specified
in § 62.14675a(u).
(f) Hazardous waste combustion units.
Units for which you are required to get
a permit under section 3005 of the Solid
Waste Disposal Act.
(g) Materials recovery units. Units that
combust waste for the primary purpose
of recovering metals, such as primary
and secondary smelters.
(h) Air curtain incinerators. Air
curtain incinerators that burn 100
percent wood waste; 100 percent clean
lumber; or a 100 percent mixture of only
wood waste, clean lumber, and/or yard
waste; are required to meet only the
requirements under §§ 62.14740a
through 62.14765a and 62.14770a.
(i) Sewage treatment plants.
Incineration units regulated under 40
CFR part 60, subpart O.
(j) 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 40 CFR part 60, subpart LLLL
or MMMM.
(k) Other solid waste incineration
units. Incineration units that are subject
to 40 CFR part 60, subpart EEEE or
FFFF.
(l) Small, remote incinerators.
Incineration units located in the State of
Alaska are not subject to this subpart as
specified in the Consolidated
Appropriations Act of 2024, H.R. 4366,
section 432.
Compliance Schedule
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§ 62.14535a When must I comply with this
subpart if I plan to continue operation of my
CISWI?
(a) If you plan to continue operation
of your CISWI, then you must follow the
requirements in paragraph (b) of this
section.
(b) If you plan to continue operation
and come into compliance with the
requirements of this subpart by January
10, 2025, then you must complete the
requirements of paragraphs (b)(1)
through (5) of this section.
(1) You must comply with the
operator training and qualification
requirements and inspection
requirements (if applicable) of this
subpart by January 10, 2025.
(2) You must submit a waste
management plan no later than January
10, 2025.
(3) You must achieve final
compliance by January 10, 2025. To
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achieve final compliance, you must
incorporate all process changes and
complete retrofit construction of control
devices, so that, if the affected CISWI is
brought online, all necessary process
changes and air pollution control
devices would operate as designed.
(4) You must conduct the initial
performance test within 180 days after
the date when you are required to
achieve final compliance under
paragraph (b)(3) of this section.
(5) You must submit an initial report
including the results of the initial
performance test no later than 60 days
following the initial performance test
(see §§ 62.14675a through 62.14735a for
complete reporting and recordkeeping
requirements).
§ 62.14540a What must I do if I plan to
permanently close my CISWI?
If you plan to permanently close your
CISWI rather than comply with the
Federal plan, you must submit a legally
binding closure agreement, including
the date of closure, to the Administrator
by January 10, 2025, for sources that
will not operate on or after the
compliance date under this subpart.
§ 62.14545a What must I do if I close my
CISWI and then restart it?
If you close your CISWI but restart it
after January 10, 2025, for the purpose
of continuing operation of the your
CISWI, you must complete emission
control retrofits and meet the emission
limitations and operating limits on the
date your unit restarts operation.
Waste Management Plan
§ 62.14550a
plan?
What is a waste management
A waste management plan is a written
plan that identifies both the feasibility
and the methods used to reduce or
separate certain components of solid
waste from the waste stream in order to
reduce or eliminate toxic emissions
from incinerated waste.
§ 62.14555a When must I submit my waste
management plan?
You must submit a waste management
plan no later than January 10, 2025, or
six months prior to commencing or
recommencing burning solid waste,
whichever is later.
§ 62.14560a 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
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must implement those measures
considered practical and feasible, based
on the effectiveness of waste
management measures already in place,
the costs of additional measures, the
emissions reductions expected to be
achieved, and any other environmental
or energy impacts they might have.
Operator Training and Qualification
§ 62.14565a What are the operator training
and qualification requirements?
(a) You must have a fully trained and
qualified CISWI operator accessible at
all times when the unit is in operation,
either at your facility or able to be at
your facility within one hour. The
trained and qualified CISWI operator
may operate the CISWI directly or be the
direct supervisor of one or more other
plant personnel who operate the unit. If
all qualified CISWI operators are
temporarily not accessible, you must
follow the procedures in § 62.14595a.
(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 (where applicable).
(vi) Inspection and maintenance of
the incinerator and air pollution control
devices.
(vii) Actions to correct malfunctions
or conditions that may lead to
malfunction.
(viii) Bottom and fly ash
characteristics and handling procedures.
(ix) Applicable Federal, state, and
local regulations, including
Occupational Safety and Health
Administration workplace standards.
(x) Pollution prevention.
(xi) Waste management practices.
(2) An examination designed and
administered by the instructor.
(3) Written material covering the
training course topics that can serve as
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reference material following completion
of the course.
§ 62.14570a 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) January 10, 2025.
(b) Six months after CISWI startup; or
(c) Six months after an employee
assumes responsibility for operating the
CISWI or assumes responsibility for
supervising the operation of the CISWI.
§ 62.14575a How do I obtain my operator
qualification?
(a) You must obtain operator
qualification by completing a training
course that satisfies the criteria under
§ 62.14565a(b).
(b) Qualification is valid from the date
on which the training course is
completed and the operator successfully
passes the examination required under
§ 62.14565a(c)(2).
§ 62.14580a How do I maintain my
operator qualification?
To maintain qualification, you must
complete an annual review or refresher
course covering, at a minimum, the five
topics described in paragraphs (a)
through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including
startup and shutdown procedures, waste
charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or
conditions that may lead to
malfunction.
(e) Discussion of operating problems
encountered by attendees.
§ 62.14585a How do I renew my lapsed
operator qualification?
You must renew a lapsed operator
qualification by one of the two methods
specified in paragraphs (a) and (b) of
this section.
(a) For a lapse of less than 3 years,
you must complete a standard annual
refresher course described in
§ 62.14580a.
(b) For a lapse of 3 years or more, you
must repeat the initial qualification
requirements in § 62.14575a(a).
lotter on DSK11XQN23PROD with RULES2
§ 62.14590a What site-specific
documentation is required?
(a) Documentation must be available
at the facility and readily accessible for
all CISWI 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
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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 §§ 62.14550a through
62.14560a.
(9) Procedures for handling ash.
(10) A list of the wastes burned during
the performance test.
(b) You must establish a program for
reviewing the information listed in
paragraph (a) of this section with each
employee who operates your
incinerator.
(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) January 10, 2025.
(ii) Six months after CISWI startup.
(iii) Six months after being assigned to
operate the CISWI.
(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 all
plant personnel who operate your
CISWI who have completed review of
the information in paragraph (a) of this
section as required by paragraph (b) of
this section, including the date of the
initial review and all subsequent annual
reviews.
(2) Records showing the names of all
plant personnel who operate your
CISWI who have completed the operator
training requirements under
§ 62.14565a, met the criteria for
qualification under § 62.14575a, and
maintained or renewed their
qualification under § 62.14580a or
§ 62.14585a. 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.
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(3) For each qualified operator, the
phone and/or pager number at which
they can be reached during operating
hours.
§ 62.14595a 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 may be
operated by other plant personnel
familiar with the operation of the CISWI
who have completed a review of the
information specified in § 62.14590a(a)
within the past 12 months. However,
you must record the period when all
qualified operators were not accessible
and include this deviation in the annual
report as specified under § 62.14705a.
(b) When all qualified operators are
not accessible for 2 weeks or more, you
must take the two actions that are
described in paragraphs (b)(1) and (2) of
this section.
(1) Notify the Administrator of this
deviation in writing within 10 days. In
the notice, state what caused this
deviation, what you are doing to ensure
that a qualified operator is accessible,
and when you anticipate that a qualified
operator will be accessible.
(2) Submit a status report to the
Administrator every 4 weeks outlining
what you are doing to ensure that a
qualified operator is accessible, stating
when you anticipate that a qualified
operator will be accessible and
requesting approval from the
Administrator to continue operation of
the CISWI. 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 is disapproved, the CISWI 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 § 62.14565a(a).
(ii) You notify the Administrator that
a qualified operator is accessible and
that you are resuming operation.
E:\FR\FM\11DER2.SGM
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100109
Emission Limitations and Operating
Limits
§ 62.14600a What emission limitations
must I meet and by when?
(a) You must meet the emission
limitations for each CISWI, including
bypass stack or vent, specified in tables
4 through 7 to this subpart by January
10, 2025. 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 6minute average opacity values) specified
in table 4 to this subpart, as applicable.
lotter on DSK11XQN23PROD with RULES2
§ 62.14605a What operating limits must I
meet and by when?
(a) If you use a wet scrubber to
comply with the emission limitations in
§ 62.14600a, you must establish
operating limits for up to four operating
parameters (as specified in table 1 to
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.
(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 liquor flow
rate, which is calculated as the lowest
1-hour average liquor flow rate at the
inlet to the wet acid gas or particulate
matter scrubber measured during the
most recent performance test
demonstrating compliance with all
applicable emission limitations.
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(4) Minimum scrubber liquor pH,
which is calculated as the lowest 1-hour
average liquor pH at the inlet to the wet
acid gas scrubber measured during the
most recent performance test
demonstrating compliance with the
hydrogen chloride (HCl) emission
limitation.
(b) You must meet the operating
limits established on the date that the
performance test report is submitted to
the EPA’s Central Data Exchange or
postmarked, per the requirements of
§ 62.14730a(b).
(c) If you use a fabric filter to comply
with the emission limitations in
§ 62.14600a and you do not use a
particulate matter (PM) continuous
parameter monitoring system (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 any
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 (ESP) to comply with the
emission limitations in § 62.14600a 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 in § 62.14600a, 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 (ERU), when your
unit operates at lower loads, multiply
your sorbent injection rate by the load
fraction, as defined in this subpart, to
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
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 in § 62.14600a, you must
measure the charge rate, the secondary
chamber temperature (if applicable to
your CISWI), and the reagent flow rate
during the nitrogen oxides (NOX)
performance testing. The operating
limits for the selective noncatalytic
reduction are calculated as the highest
1-hour average charge rate, lowest
secondary chamber temperature, and
lowest reagent flow rate measured
during the most recent performance test
demonstrating compliance with the
nitrogen oxides emission limitations.
(g) If you use a dry scrubber to comply
with the emission limitations in
§ 62.14600a, 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
in § 62.14600a, and if you do not
determine compliance with your
particulate matter emission limitation
with either a particulate matter
continuous emission monitoring system
(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 with this
subpart, 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 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
E:\FR\FM\11DER2.SGM
11DER2
100110 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
method measurements must be
determined in units of milliamps or
digital bits;
appendix A–3, or Method 29 of 40 CFR
part 60, appendix A–8).
(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 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 PM test runs
under Method 5 of 40 CFR part 60,
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
(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
performance tests under Method 5 of 40
CFR part 60, appendix A–3, or Method
29 of 40 CFR part 60, appendix A–8,
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;
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
(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 be
established 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
to this paragraph (i)(2)(ii):
Equation 1 to Paragraph (i)(2)(ii)
PM concentration from your three
compliance tests, determine a
relationship of mg/dscm per milliamp
or digital signal equivalent, with
equation 2 to this paragraph (i)(2)(iii):
Equation 2 to Paragraph (i)(2)(iii)
Y1
R= = Z +--(Eq. 2)
(X1 - z)
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 to paragraph (i)(2)(iii) of this
Equation 3 to Paragraph (i)(2)(iv)
lotter on DSK11XQN23PROD with RULES2
R
Where:
O1 = The operating limit for your PM CPMS
on a 30-day rolling average, in milliamps
or their digital signal equivalent;
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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
PO 00000
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Fmt 4701
Sfmt 4700
R = The relative mg/dscm per milliamp, or
per digital signal output equivalent, for
your PM CPMS, from equation 2 to
paragraph (i)(2)(iii) of this section.
E:\FR\FM\11DER2.SGM
11DER2
ER11DE24.026
z + O.?S(L) (Eq. 3)
ER11DE24.025
01 =
section, in equation 3 to this paragraph
(i)(2)(iv). This sets your operating limit
at the PM CPMS output value
corresponding to 75 percent of your
emission limit:
ER11DE24.024
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
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100111
(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 to this
paragraph (i)(3) and you must submit all
compliance test and PM CPMS data
according to the reporting requirements
in paragraph (i)(5) of this section:
Equation 4 to Paragraph (i)(3)
(Eq. 4)
(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.
lotter on DSK11XQN23PROD with RULES2
§ 62.14610a 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 mass balances,
to comply with the emission limitations
under § 62.14600a, 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
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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 the parameters required by
paragrpah (a) of this seciton and
emissions of regulated pollutants,
identifying how emissions of regulated
pollutants change with changes in the
parameters, and how limits on the
parameters will serve to limit emissions
of regulated pollutants.
(c) A discussion of how you will
establish the upper and/or lower values
for the parameters required by
paragraph (a) of this section that will
establish the operating limits on the
parameters.
(d) A discussion identifying the
methods you will use to measure and
the instruments you will use to monitor
the parameters required by paragraph (a)
of this section, as well as the relative
accuracy and precision of these methods
and instruments.
(e) A discussion identifying the
frequency and methods for recalibrating
the instruments you will use for
monitoring the parameters required by
paragraph (a) of this section.
Performance Testing
§ 62.14615a 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
§ 62.14675a(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 4 through 7
to this subpart.
(d) Method 1 of 40 CFR part 60,
appendix A–1, must be used to select
the sampling location and number of
traverse points.
(e) Method 3A of 40 CFR part 60,
appendix A–1, must be used for gas
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Fmt 4701
Sfmt 4700
composition analysis, including
measurement of oxygen concentration.
Method 3A must be used
simultaneously with each method
(except when using Method 9 of 40 CFR
part 60, appendix A–4, and Method 22
of 40 CFR part 60, appendix A–7).
(f) All pollutant concentrations,
except for opacity, must be adjusted to
7 percent oxygen using equation 1 to
this paragraph (f):
Equation 1 to Paragraph (f)
Cadj = Cmeas (20.9¥7)/(20.9¥%O2) (Eq.
1)
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 of
40 CFR part 60, appendix A–7.
(2) Quantify isomers meeting
identification criteria in section 11.4.3.4
of Method 23 of 40 CFR part 60,
appendix A–7, regardless of whether the
isomers meet identification criteria in
section 11.4.3.4.1 of Method 23. You
must quantify the isomers per section
11.4.3.5 of Method 23. Note that you
may reanalyze the sample aliquot or
split to reduce the number of isomers
not meeting identification criteria in
section 11.4.3.4 of Method 23.
(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 2 to this subpart; and
(4) Sum the products calculated in
accordance with paragraph (g)(3) of this
section to obtain the total concentration
E:\FR\FM\11DER2.SGM
11DER2
ER11DE24.027
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.
100112 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
of dioxins/furans emitted in terms of
toxic equivalency.
(h) Method 22 of 40 CFR part 60,
appendix A–7, must be used to
determine compliance with the fugitive
ash emission limit in table 4, 5, or 7 to
this subpart.
(i) If you have an applicable opacity
operating limit, you must determine
compliance with the opacity limit using
Method 9 of 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
§§ 62.14640a and 62.14665a.
(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 of 40 CFR part 60, appendix
A–7;
(2) Quantify isomers meeting
identification criteria in section 11.4.3.4
of Method 23 of 40 CFR part 60,
appendix A–7, regardless of whether the
isomers meet identification criteria in
section 11.4.3.4.1 of Method 23. Note
that you may reanalyze the sample
aliquot or split to reduce the number of
isomers not meeting identification
criteria in section 11.4.3.4 of Method 23;
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.
§ 62.14620a
data used?
How are the performance test
You use results of performance tests
to demonstrate compliance with the
emission limitations in tables 4 through
7 to this subpart.
Initial Compliance Requirements
lotter on DSK11XQN23PROD with RULES2
§ 62.14625a How do I demonstrate initial
compliance with the emission limitations
and establish the operating limits?
(a) You must conduct an initial
performance test to determine
compliance with the emission
limitations in tables 4 through 7 to this
subpart, to establish compliance with
any opacity operating limits in
§ 62.14605a(h), to establish the kilnspecific emission limit in
§ 62.14640a(y), as applicable, and to
establish operating limits using the
procedure in § 62.14605a or
§ 62.14610a. The initial performance
test must be conducted using the test
methods listed in tables 4 through 7 to
this subpart and the procedures in
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§ 62.14615a. The use of the bypass stack
during a performance test shall
invalidate the performance test.
(b) As an alternative to conducting a
performance test, as required under
§§ 62.14615a and 62.14600a, you may
use a 30-day rolling average of the 1hour arithmetic average CEMS data,
including CEMS data during startup and
shutdown as defined in this subpart, to
determine compliance with the
emission limitations in tables 4 through
7 to this subpart. You must conduct a
performance evaluation of each
continuous monitoring system within
180 days of installation of the
monitoring system. The initial
performance evaluation must be
conducted prior to collecting CEMS data
that will be used for the initial
compliance demonstration.
§ 62.14630a 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 January 10,
2025, or the date you restart your CISWI
if later than January 10, 2025.
(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.
§ 62.14635a 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
reaches the charge rate at which it will
operate, but no later than 180 days after
January 10, 2025.
(b) Within 10 operating days
following an air pollution control device
inspection, all necessary repairs must be
completed unless the owner or operator
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obtains written approval from the state
agency establishing a date whereby all
necessary repairs of the designated
facility must be completed.
Continuous Compliance Requirements
§ 62.14640a How do I demonstrate
continuous compliance with the emission
limitations and the operating limits?
(a)(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
in this subpart, 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 paragraph (a)(2)
of this section. 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 standards under section 112 of the
Clean Air Act 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, 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
subpart and subcategory under 40 CFR
part 63 that will be applicable after you
cease combusting solid waste;
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(iii) The fuel(s), non-waste material(s)
and solid waste(s) the CISWI 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-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 monitoring
requirements under section 112 of the
Clean Air Act or monitoring
requirements under this subpart.
(b) You must conduct an annual
performance test for the pollutants
listed in tables 4 through 7 to this
subpart and opacity for each CISWI as
required under § 62.14615a. The annual
performance test must be conducted
using the test methods listed in tables 4
through 7 to this subpart and the
procedures in § 62.14615a. Opacity
must be measured using EPA Reference
Method 9 of 40 CFR part 60, appendix
A–4. 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
§ 62.14605a or established under
§ 62.14610a. Operation above the
established maximum or below the
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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 § 62.14610a or, for
energy recovery units, where the
averaging time for each operating
parameter is a 30-day rolling average,
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 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 tests for ash handling.
(f) For energy recovery units, you
must conduct an annual performance
test for opacity using EPA Reference
Method 9 of 40 CFR part 60, appendix
A–4 (except where particulate matter
continuous monitoring system or CPMS
are used), and the pollutants listed in
table 5 to 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, as described in
§ 62.14665a(o).
(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 § 62.14665a(n) instead of
the CPMS specified in paragraph (i) of
this section. 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 § 62.14665a(n) instead
of particulate matter testing with EPA
Method 5 of 40 CFR part 60, appendix
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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/hr but less
than 250 MMBtu/hr that do not use a
wet scrubber, fabric filter with bag leak
detection system, an electrostatic
precipitator, particulate matter CEMS,
or particulate matter CPMS, you must
install, operate, certify, and maintain a
continuous opacity monitoring system
(COMS) according to the procedures in
§ 62.14665a(m).
(j) For waste-burning kilns, you must
conduct an annual performance test for
the pollutants (except mercury and
hydrogen chloride if no acid gas wet
scrubber or dry scrubber is used) listed
in table 6 to this subpart, unless you
choose to demonstrate initial and
continuous compliance using CEMS, as
allowed in paragraph (u) of this section.
If you do not use an acid gas wet
scrubber or dry scrubber, you must
determine compliance with the
hydrogen chloride emissions limit using
a HCl CEMS according to the
requirements in paragraph (j)(1) of this
section. You must determine
compliance with the mercury emissions
limit using a mercury CEMS or an
integrated sorbent trap monitoring
system according to paragraph (j)(2) of
this section. You must determine
compliance with particulate matter
using a PM CPMS according to
paragraph (x) of this section.
(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 40 CFR part
60, appendix B, or, PS 18 of 40 CFR part
60, appendix B. 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 40 CFR
part 60, appendix F, 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 40 CFR
part 60, appendix F. For any
performance specification that you use,
you must use Method 321 of 40 CFR
part 63, appendix A, 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:
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Certified reference gas value
Measured value of reference gas
(2) 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 or integrated
sorbent trap monitoring system
according to the following requirements:
(i) You must operate a mercury CEMS
in accordance with performance
specification 12A of 40 CFR part 60,
appendix B, or an integrated sorbent
trap monitoring system in accordance
with Performance Specification 12B of
40 CFR part 60, appendix B; these
monitoring systems must be quality
assured according to Procedure 5 of
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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 1 to
paragraph (j)(1)(ii)(D)(1) of this section;
(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)(1) 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 1 to this paragraph
(j)(1)(ii)(D)(1):
Equation 1 to paragraph (j)(1)(ii)(D)(1)
= Measured stack gas = Normalized stack gas result (Eq. 1)
appendix F to 40 CFR part 60. For the
purposes of emissions calculations
when using an integrated sorbent trap
monitoring system, the mercury
concentration determined for each
sampling period must be assigned to
each hour during the sampling period.
If you choose to comply with the
production-rate based mercury limit for
your waste-burning kiln, you must also
monitor hourly clinker production and
determine the hourly mercury emissions
rate in pounds per million ton of clinker
produced. You must demonstrate
compliance with the mercury emissions
limit using a 30-day rolling average of
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these 1-hour mercury concentrations or
mass emissions rates, 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 of 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;
(ii) Owners or operators using a
mercury CEMS or integrated sorbent
trap monitoring system to determine
mass emission rate must install, operate,
calibrate and maintain an instrument for
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(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
relative accuracy test audit (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 percent of the highest
measured hourly concentration. The
‘‘above span’’ reference gas must meet
the requirements of the applicable
performance specification and must be
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continuously measuring and recording
the mercury mass emissions rate to the
atmosphere according to the
requirements of Performance
Specification 6 (PS 6) of 40 CFR part 60,
appendix B, and conducting an annual
relative accuracy test of the continuous
emission rate monitoring system
according to section 8.2 of PS 6; and
(iii) The owner or operator of a wasteburning kiln must demonstrate initial
compliance by operating a mercury
CEMS or integrated sorbent trap
monitoring system 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) of this chapter.
(l) For each CMS required in this
section, you must develop and submit to
the EPA Administrator for approval a
site-specific monitoring plan according
to the requirements of this paragraph (l)
that addresses paragraphs (l)(1)(i)
through (vi) of this section:
(1) You must submit this site-specific
monitoring plan at least 60 days before
your initial performance evaluation of
your continuous monitoring system:
(i) Installation of the continuous
monitoring system sampling probe or
other interface at a measurement
location relative to each affected process
unit such that the measurement is
representative of control of the exhaust
emissions (e.g., on or downstream of the
last control device);
(ii) Performance and equipment
specifications for the sample interface,
the pollutant concentration or
parametric signal analyzer and the data
collection and reduction systems;
(iii) Performance evaluation
procedures and acceptance criteria (e.g.,
calibrations);
(iv) Ongoing operation and
maintenance procedures in accordance
with the general requirements of
§ 60.11(d) of this chapter;
(v) Ongoing data quality assurance
procedures in accordance with the
general requirements of § 60.13 of this
chapter; and
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(vi) Ongoing recordkeeping and
reporting procedures in accordance with
the general requirements of § 60.7(b), (c)
introductory text, (c)(1) and (4), and (d)
through (g) of this chapter.
(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
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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
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:
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(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 OAQPS Fabric Filter Bag
Leak Detection Guidance, EPA–454/R–
98–015 (incorporated by reference, see
paragraph (z) of this section).
(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 initial and continous
compliance with the sulfur dioxide
(SO2) emission limit, compliance with
the sulfur dioxide emission limit may be
demonstrated by using the CEMS
specified in § 62.14665a(l) to measure
sulfur dioxide. The sulfur dioxide
CEMS must follow the procedures and
methods specified in this paragraph (s).
For sources that have actual inlet
emissions less than 100 parts per
million dry volume, the relative
accuracy criterion for inlet sulfur
dioxide CEMS should be no greater than
20 percent of the mean value of the
reference method test data in terms of
the units of the emission standard, or 5
parts per million dry volume absolute
value of the mean difference between
the reference method and the CEMS,
whichever is greater:
(1) During each relative accuracy test
run of the CEMS required by
Performance Specification 2 of 40 CFR
part 60, appendix B, 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 of 40 CFR part 60,
appendix A–4, or as an alternative
ANSI/ASME PTC 19.10–1981, Flue and
Exhaust Gas Analyses [Part 10,
Instruments and Apparatus] must be
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used (incorporated by reference, see
paragraph (z) of this section); and
(ii) For oxygen (or carbon dioxide),
EPA Reference Method 3A of 40 CFR
part 60, appendix A–2, or as an
alternative ANSI/ASME PTC 19.10–
1981, Flue and Exhaust Gas Analyses
[Part 10, Instruments and Apparatus], as
applicable, must be used (incorporated
by reference, see paragraph (z) of this
section).
(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 of 40
CFR part 60, appendix F.
(t) For facilities using a CEMS to
demonstrate intitial and continuous
compliance with the nitrogen oxides
emission limit, compliance with the
nitrogen oxides emission limit may be
demonstrated by using the CEMS
specified in § 62.14665a to measure
nitrogen oxides. The nitrogen oxides
CEMS 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 40 CFR
part 60, appendix B, 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 of 40 CFR part 60,
appendix A–4, must be used; and
(ii) For oxygen (or carbon dioxide),
EPA Reference Method 3A of 40 CFR
part 60, appendix A–2, or as an
alternative ANSI/ASME PTC 19.10–
1981, Flue and Exhaust Gas Analyses
[Part 10, Instruments and Apparatus], as
applicable, must be used (incorporated
by reference, see paragraph (z) of this
section).
(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 of 40
CFR part 60, appendix F.
(4) The owner or operator of an
affected facility may request that
compliance with the nitrogen oxides
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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 of 40 CFR part 60, appendix A–2,
must be used to determine the
relationship between oxygen and carbon
dioxide at a sampling location. Method
3A of 40 CFR part 60, appendix A–2, or
as an alternative ANSI/ASME PTC
19.10–1981, Flue and Exhaust Gas
Analyses [Part 10, Instruments and
Apparatus], as applicable, must be used
to determine the oxygen concentration
at the same location as the carbon
dioxide monitor (incorporated by
reference, see paragraph (z) of this
section);
(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.
(u) For facilities using a CEMS or an
integrated sorbent trap monitoring
system for mercury to demonstrate
initial and 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 or an integrated
sorbent trap monitoring system 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 of 40 CFR part 60,
appendix A–7. The 1-hour arithmetic
averages for CEMS must be calculated
using the data points required under
§ 60.13(e)(2) of this chapter. Except for
CEMS or an integrated sorbent trap
monitoring system data during startup
and shutdown, the 1-hour arithmetic
averages used to calculate the 30-day
rolling average emission concentrations
must be corrected to 7 percent oxygen
(dry basis). Integrated sorbent trap
monitoring system or 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 and integrated
sorbent trap monitoring systems in
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accordance with the applicable
procedures under of 40 CFR part 60,
appendices B and F.
(v) Use of the bypass stack at any time
is an emissions standards deviation for
PM, HCl, lead, cadmium, mercury,
nitrogen oxides, sulfur dioxide, and
dioxin/furans.
(w) For energy recovery units with a
design heat input capacity of 100
MMBtu/hr or greater that do not use a
carbon monoxide CEMS, you must
install, operate, and maintain an oxygen
analyzer system as defined in
§ 62.14785a 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 § 62.14605a;
(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 carbon monoxide (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 40 CFR part 60, appendix A–7.
(x) For energy recovery units with
annual average heat input rates greater
than or equal to 250 MMBtu/hr 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, electrostatic precipitator
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
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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
§ 62.14605a.
(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
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
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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
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. 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 (x); 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 kiln emissions are emittted
through multiple stacks (e.g., 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 2 to this paragraph
(y)(1):
Equation 2 to paragraph (y)(1)
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Cks
=
(EmissionLimitxr}fQi)-r.T(QiXCi) (Eq.2)
Qks
(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).
(z) These standards are incorporated
by reference into this section with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. All approved
material is available for inspection at
the U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460, (202) 272–
0167, https://www.epa.gov. You may
also inspect a copy at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
visit https://www.archives.gov/federalregister/cfr/ibr-locations.html or email
fr.inspection@nara.gov.
(1) American Society of Mechanical
Engineers (ASME), Two Park Avenue,
New York, NY 10016–5990; phone: 1–
800–843–2763; website: https://
www.asme.org/.
(i) ANSI/ASME PTC 19.10–1981, Flue
and Exhaust Gas Analyses [Part 10,
Instruments and Apparatus], Issued
August 31, 1981.
(ii) [Reserved]
(2) U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue
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19:23 Dec 10, 2024
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NW, Washington, DC 20460; phone
(202) 272–0167; website https://
www.epa.gov.
(i) Fabric Filter Bag Leak Detection
Guidance, EPA–454/R–98–015,
September 1997. (Available from
www3.epa.gov/ttnemc01/cem/tribo.pdf.)
(ii) [Reserved]
§ 62.14645a By what date must I conduct
the annual performance test?
You must conduct annual
performance tests between 11 and 13
calendar months of the previous
performance test.
§ 62.14650a 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 § 62.14635a.
§ 62.14655a May I conduct performance
testing less often?
You must conduct annual
performance tests according to the
schedule specified in § 62.14645a, with
the following exceptions:
(a) You may conduct a repeat
performance test at any time to establish
new values for the operating limits, as
specified in § 62.14660a. New operating
limits become effective on the date that
the performance test report is submitted
to the EPA’s Central Data Exchange or
postmarked, per the requirements of
§ 62.14730a(b). The Administrator may
request a repeat performance test at any
time;
(b) You must repeat the performance
test within 60 days of a process change,
as defined in § 62.14780a; and
(c) You can conduct performance tests
less often if you meet the following
conditions: your performance tests for
the pollutant for at least 2 consecutive
performance tests demonstrates that the
emission level for the pollutant is no
greater than the emission level specified
in paragraph (c)(1) or (2) of this section,
as applicable; there are no changes in
the operation of the affected source or
air pollution control equipment that
could increase emissions; and you are
not required to conduct a performance
test for the pollutant in response to a
request by the Administrator in
paragraph (a) of this section or a process
change in paragraph (b) of this section.
In this case, you do not have to conduct
a performance test for that pollutant for
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the next 2 years. You must conduct a
performance test for the pollutant no
more than 37 months following the
previous performance test for the
pollutant. If the emission level for your
CISWI continues to meet the emission
level specified in paragraph (c)(1) or (2),
as applicable, you may choose to
conduct performance tests for the
pollutant every third year, as long as
there are no changes in the operation of
the affected source or air pollution
control equipment that could increase
emissions. Each such performance test
must be conducted no more than 37
months after the previous performance
test.
(1) 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 tables 4
through 7 to this subpart, as applicable;
and
(2) 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.
(3) If you are conducting less frequent
testing for a pollutant as provided in
this paragraph (c) and a subsequent
performance test for the pollutant
indicates that your CISWI does not meet
the emission level specified in
paragraph (c)(1) or (2) of this section, as
applicable, you must conduct annual
performance tests for the pollutant
according to the schedule specified in
this section until you qualify for less
frequent testing for the pollutant as
specified in this paragraph (c).
§ 62.14660a 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
§ 62.14665a 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
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ER11DE24.029
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Where:
Cks = Kiln stack concentration (ppmvd, mg/
dscm, ng/dscm, depending on pollutant.
Each corrected to 7% O2).
Qks = Kiln stack flow rate (volume/hr).
Qi = Flow rate of stack i (volume/hr).
n = Number of stacks kiln emissions are
being emitted from including the kiln
stack.
m = Number of stacks excluding the kiln
stack that kiln emissions are being
emitted from.
Ci = Concentration in stack i (ppmvd, mg/
dscm, ng/dscm, depending on pollutant.
Each corrected to 7% O2).
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100119
under § 62.14600a, 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 1 to this subpart. These
devices (or methods) must measure and
record the values for these operating
parameters at the frequencies indicated
in table 1 to this subpart at all times
except as specified in § 62.14670a(a).
(b) If you use a fabric filter to comply
with the requirements of this subpart
and you do not use a PM CPMS or PM
CEMS 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.
(5) The bag leak detection system
must be equipped with a device to
continuously record the output signal
from the sensor.
(6) The bag leak detection system
must be equipped with an alarm system
that will alert automatically an operator
when an increase in relative particulate
matter emissions over a preset level is
detected. The alarm must be located
where it is observed easily by plant
operating personnel.
(7) For positive pressure fabric filter
systems, a bag leak detection system
must be installed in each baghouse
compartment or cell. For negative
pressure or induced air fabric filters, the
bag leak detector must be installed
downstream of the fabric filter.
(8) Where multiple detectors are
required, the system’s instrumentation
and alarm may be shared among
detectors.
(c) If you are using something other
than a wet scrubber, activated carbon,
selective non-catalytic reduction, an
electrostatic precipitator, or a dry
scrubber to comply with the emission
limitations under § 62.14600a, you must
install, calibrate (to the manufacturers’
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specifications), maintain, and operate
the equipment necessary to monitor
compliance with the site-specific
operating limits established using the
procedures in § 62.14610a.
(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 in this subpart, you must
complete the following:
(1) Following the date on which the
initial performance test is completed or
is required to be completed under
§ 62.14615a, 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) 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, you must install, calibrate,
maintain, and operate a CEMS for
monitoring hydrogen chloride emissions
discharged to the atmosphere, as
specified in § 62.14640a(j), and record
the output of the system. You may
substitute use of a HCl CEMS for
conducting the HCl initial and annual
testing with EPA Method 321 of 40 CFR
part 63, appendix A. for units other than
waste-burning kilns not equipped with
a wet scrubber or dry scrubber, a facility
may substitute use of a HCl CEMS for
conducting the HCl initial and annual
performance test. For units equipped
with a HCl CEMS, you are not required
to monitor 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 in this subpart, a facility
may substitute use of either a particulate
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matter CEMS or a particulate matter
CPMS for conducting the particulate
matter annual performance test. For
units equipped with a particulate matter
CEMS, you are not required to use other
CMS monitoring for PM compliance
(e.g., bag leak detectors, electrostatic
precipitator secondary power, PM
scrubber pressure). A facility may also
substitute use of a particulate matter
CEMS for conducting the PM initial
performance test.
(i) To demonstrate initial and
continuous compliance with the dioxin/
furan emissions limit in this subpart, a
facility may substitute use of a
continuous automated sampling system
for the dioxin/furan initial and annual
performance test. You must record the
output of the system and analyze the
sample according to EPA Method 23 of
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 must install, calibrate, maintain and
operate a continuous automated
sampling system and must comply with
the requirements specified in
§ 60.58b(p) and (q) of this chapter. 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)(1) To demonstrate initial and
continuous compliance with the
mercury emissions limit in this subpart,
a facility may substitute use of a
mercury CEMS or and integrated
sorbent trap monitoring system for the
mercury initial and annual performance
test. The owner or operator who elects
to continuously sample mercury
emissions instead of sampling and
testing using EPA Method 29 or 30B of
40 CFR part 60, appendix A–8, ASTM
D6784–24, Standard Test Method for
Elemental, Oxidized, Particle-Bound
and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary
Sources (Ontario Hydro Method),
approved March 1, 2024 (ASTM D6784–
24), or an approved alternative method
for measuring mercury emissions, must
install, calibrate, maintain and operate
the mercury CEMS or integrated sorbent
trap monitoring system and must
comply with Performance Specification
12A or 12B of 40 CFR part 60, appendix
B, respectively, and quality assurance
requirements of Procedure 5 of 40 CFR
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100120 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
part 60, appendix F. For the purposes of
emissions calculations when using an
integrated sorbent trap monitoring
system, the mercury concentration
determined for each sampling period
must be assigned to each hour during
the sampling period. For units equipped
with a mercury CEMS or an integrated
sorbent trap monitoring system, you are
not required to monitor 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 or an integrated sorbent
trap monitoring system as specified in
§ 62.14640a(j).
(2) ASTM D6784–24 is incorporated
by reference into this section with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. This material is available
for inspection at the U.S. Environmental
Protection Agency (EPA) and at the
National Archives and Records
Administration (NARA). Contact the
EPA at: 1200 Pennsylvania Avenue NW,
Washington, DC 20460, (202) 272–0167,
https://www.epa.gov. For information
on the availability of this material at
NARA, visit https://www.archives.gov/
federal-register/cfr/ibr-locations or
email fr.inspection@nara.gov. This
material may be obtained from ASTM
International (ASTM) at: 100 Barr
Harbor Drive, Post Office Box C700,
West Conshohocken, PA 19428–2959;
phone: +1–610–832–9500; website:
https://www.astm.org/.
(k) To demonstrate initial and
continuous compliance with the
nitrogen oxides emissions limit in this
subpart, a facility may substitute use of
a CEMS for the nitrogen oxides initial
and annual performance test to
demonstrate compliance with the
nitrogen oxides emissions limits. For
units equipped with a nitrogen oxides
CEMS, you are not required to monitor
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 40 CFR
part 60, appendix B, the quality
assurance requirements of Procedure 1
of 40 CFR part 60, appendix F, and the
procedures under § 60.13 of this chapter
must be followed for installation,
evaluation and operation of the CEMS;
and
(2) Compliance with the emission
limit in this subpart for nitrogen oxides
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must be determined based on the 30-day
rolling average of the hourly emission
concentrations using CEMS outlet data,
as outlined in § 62.14640a(u).
(l) To demonstrate initial and
continuous compliance with the sulfur
dioxide emissions limit in this subpart,
a facility may substitute use of a CEMS
for the sulfur dioxide initial and 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 40 CFR
part 60, appendix B, the quality
assurance requirements of Procedure 1
of 40 CFR part 60, appendix F, and the
procedures under § 60.13 of this chapter
must be followed for installation,
evaluation and operation of the CEMS;
and
(2) Compliance with the sulfur
dioxide emission limit in this subpart
shall be determined based on the 30-day
rolling average of the hourly arithmetic
average emission concentrations using
CEMS outlet data, as outlined in
§ 62.14640a(u).
(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, an
electrostatic precipitator, particulate
matter CEMS, or particulate matter
CPMS, 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 § 62.14600a. Energy
recovery units that use a particulate
matter CEMS to demonstrate initial and
continuing compliance according to the
procedures in § 62.14665a(n) are not
required to install a continuous opacity
monitoring system and must perform
the annual performance tests for opacity
consistent with § 62.14640a(f):
(1) Install, operate and maintain each
continuous opacity monitoring system
according to Performance Specification
1 (PS 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 of this chapter and according to
PS 1 of 40 CFR part 60, appendix B;
(3) As specified in § 60.13(e)(1) of this
chapter, 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;
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(4) Reduce the continuous opacity
monitoring system data as specified in
§ 60.13(h)(1) of this chapter; 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 of 40 CFR part 60, appendix A–3, or
monitoring with a particulate matter
CPMS according to paragraph (r) of this
section, must install, calibrate, maintain
and operate a PM CEMS and must
comply with the requirements specified
in paragraphs (n)(1) through (10) of this
section:
(1) The PM CEMS must be installed,
evaluated, and operated in accordance
with the requirements of Performance
Specification 11 of 40 CFR part 60,
appendix B, and quality assurance
requirements of Procedure 2 of 40 CFR
part 60, appendix F, and § 60.13 of this
chapter;
(2) The initial performance evaluation
must be completed no later than 180
days after January 10, 2025, as specified
under § 62.14615a 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 of
40 CFR part 60, appendix A–3,
performance tests, whichever is later;
(3) 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 § 62.14640a(t)(4)(i) through (iv);
(4) The owner or operator of an
affected facility must conduct an initial
performance test for particulate matter
emissions. If PM CEMS are elected for
demonstrating compliance, and the
initial performance test has not yet been
conducted, then initial compliance must
be determined by using the CEMS
specified in this paragraph (n) to
measure particulate matter. You must
calculate a 30-day rolling average of 1hour arithmetic average emission
concentrations, including CEMS data
during startup and shutdown, as
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defined in this subpart, using equation
19–19 in section 12.4.1 of EPA
Reference Method 19 of 40 CFR part 60,
appendix A–7;
(5) Continuous 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 of 40 CFR part 60,
appendix A–7, from the 1-hour
arithmetic average of the CEMS outlet
data;
(6) At a minimum, valid continuous
monitoring system hourly averages must
be obtained as specified § 62.14670a;
(7) The 1-hour arithmetic averages
required under paragraph (n)(5) of this
section must be expressed in milligrams
per dry standard cubic meter (mg/dscm)
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) of this
chapter;
(8) All valid CEMS data must be used
in calculating average emission
concentrations even if the minimum
CEMS data requirements of paragraph
(n)(6) of this section are not met;
(9) The CEMS must be operated
according to Performance Specification
11 of 40 CFR part 60, appendix B; and
(10) Quarterly and yearly accuracy
audits and daily drift, system optics,
and sample volume checks must be
performed in accordance with
Procedure 2 of 40 CFR part 60, appendix
F.
(o) To demonstrate initial and
continuous compliance with the carbon
monoxide emissions limit in this
subpart, a facility may substitute use of
a CEMS for the carbon monoxide initial
and 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 4A or 4B of
40 CFR part 60, appendix B, the quality
assurance requirements of Procedure 1
of 40 CFR part 60, appendix F, and the
procedures under § 60.13 of this chapter
must be followed for installation,
evaluation, and operation of the CEMS;
and
(2) Compliance with the carbon
monoxide emission limit shall be
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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, as outlined in
§ 62.14640a(u).
(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/hr or
greater that do not use a carbon
monoxide CEMS, you must install,
operate and maintain the continuous
oxygen monitoring system as defined in
§ 62.14780a 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 § 62.14605a;
(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 40 CFR part 60, appendix A–7.
(r) For energy recovery units with
annual average heat input rates greater
than or equal to 250 MMBtu/hr 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, electrostatic precipitator
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 § 62.14640a(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
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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 in this subpart, you must
adjust the site-specific operating limit in
accordance with the results of the
performance test according to the
procedures specified in § 62.14605a.
(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
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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
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 in this subpart 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 (r)(8)(iii);
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.
(t) If you are required to monitor
clinker production because you comply
with the production-rate based mercury
limit in this subpart for your wasteburning kiln, you must:
(1) Determine hourly clinker
production by one of two methods:
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(i) Install, calibrate, maintain, and
operate a permanent weigh scale system
to measure and record weight rates in
tons-mass per hour of the amount of
clinker produced. The system of
measuring hourly clinker production
must be maintained within ±5 percent
accuracy; or
(ii) Install, calibrate, maintain, and
operate a permanent weigh scale system
to measure and record weight rates in
tons-mass per hour of the amount of
feed to the kiln. The system of
measuring feed must be maintained
within ±5 percent accuracy. Calculate
your hourly clinker production rate
using a kiln-specific feed to clinker ratio
based on reconciled clinker production
determined for accounting purposes and
recorded feed rates. Update this ratio
monthly. Note that if this ratio changes
at clinker reconciliation, you must use
the new ratio going forward, but you do
not have to retroactively change clinker
production rates previously estimated.
(2) Determine the accuracy of the
system of measuring hourly clinker
production (or feed mass flow if
applicable) before the final compliance
date under this subpart and during each
quarter of source operation.
(3) Conduct accuracy checks in
accordance with the procedures
outlined in your site-specific monitoring
plan under § 62.14640a(l).
§ 62.14670a Is there a minimum amount of
monitoring data I must obtain?
For each continuous monitoring
system required or optionally allowed
under § 62.14665a, 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
§ 62.14705a(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.
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(b) You may not use data recorded
during 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 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
§ 62.14675a
What records must I keep?
You must maintain the items (as
applicable) as specified in paragraphs
(a) through (o) 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 (7) of this
section:
(1) The CISWI 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; and
(4) Liquor pH as introduced to the wet
scrubber every 15 minutes of operation,
as applicable.
(5) For affected CISWI that establish
operating limits for controls other than
wet scrubbers under § 62.14610a, 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.
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You must also record the percent of
operating time during each 6-month
period that the alarm sounds, calculated
as specified in § 62.14605a(c).
(7) If you monitor clinker production
in accordance with § 62.14665a(t):
(i) Hourly clinker rate produced if
clinker production is measured directly;
(ii) Hourly measured kiln feed rates
and calculated clinker production rates
if clinker production is not measured
directly;
(iii) Thirty (30)-day rolling averages
for mercury in pounds per million tons
of clinker produced; and
(iv) The initial and quarterly accuracy
of the system of measuring hourly
clinker production (or feed mass flow).
(c) Identification of calendar dates
and times for which data show a
deviation from the operating limits in
table 1 to this subpart or a deviation
from other operating limits established
under § 62.14605a(d) through (g) or
§ 62.14610a with a description of the
deviations, reasons for such deviations,
and a description of corrective actions
taken.
(d) 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.
(e) Records showing the names of
CISWI operators who have completed
review of the information in
§ 62.14590a(a) as required by
§ 62.14590a(b), including the date of the
initial review and all subsequent annual
reviews.
(f) Records showing the names of the
CISWI operators who have completed
the operator training requirements
under § 62.14565a, met the criteria for
qualification under § 62.14575a, and
maintained or renewed their
qualification under § 62.14580a or
§ 62.14585a. 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.
(g) For each qualified operator, the
phone and/or pager number at which
they can be reached during operating
hours.
(h) Records of calibration of any
monitoring devices as required under
§ 62.14665a.
(i) Equipment vendor specifications
and related operation and maintenance
requirements for the incinerator,
emission controls, and monitoring
equipment.
(j) The information listed in
§ 62.14590a(a).
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(k) On a daily basis, keep a log of the
quantity of waste burned and the types
of waste burned (always required).
(l) Maintain records of the annual air
pollution control device inspections
that are required for each CISWI subject
to the emissions limits in tables 4
through 7 to 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.
(m) For continuously monitored
pollutants or parameters, you must
document and keep a record of the
following parameters measured using
continuous monitoring systems. If you
monitor emissions with a CEMS, you
must indicate which data are CEMS data
during startup and shutdown:
(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;
(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 HCl CEMS outputs;
(8) All 1-hour average percent oxygen
concentrations; and
(9) All 1-hour average PM CPMS
readings or particulate matter CEMS
outputs.
(n) Records indicating use of the
bypass stack, including dates, times and
durations.
(o) If you choose to stack test less
frequently than annually, consistent
with § 62.14655a, 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.
(p) Records of the occurrence and
duration of each malfunction of
operation (i.e., process equipment) or
the air pollution control and monitoring
equipment.
(q) Records of all required
maintenance performed on the air
pollution control and monitoring
equipment.
(r) Records of actions taken during
periods of malfunction to minimize
emissions in accordance with § 60.11(d)
of this chapter, including corrective
actions to restore malfunctioning
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process and air pollution control and
monitoring equipment to its normal or
usual manner of operation.
(s) 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) of this chapter. If
you combust a fuel that has been
processed from a discarded nonhazardous 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 of
this chapter and each of the legitimacy
criteria in § 241.3(d)(1). 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 of this chapter, you must
keep records documenting that the
material is a listed non-waste under
§ 241.4(a) of this chapter.
(t) 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.
(u) 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.
§ 62.14680a 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.
§ 62.14685a
What reports must I submit?
See table 3 to this subpart for a
summary of the reporting requirements.
§ 62.14690a When must I submit my waste
management plan?
You must submit a waste management
plan no later than January 10, 2025, or
the date you recommence burning solid
waste, whichever is later.
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§ 62.14695a What information must I
submit following my initial performance
test?
You must submit the information
specified in paragraphs (a) through (c) of
this section no later than 60 days
following the initial performance test.
All reports must be signed by the
facilities manager:
(a) The complete test report for the
initial performance test results obtained
under § 62.14625a, as applicable;
(b) The values for the site-specific
operating limits established in
§ 62.14605a or § 62.14610a; and
(c) If you are using a fabric filter to
comply with the emission limitations in
this subpart, documentation that a bag
leak detection system has been installed
and is being operated, calibrated, and
maintained as required by
§ 62.14665a(b).
§ 62.14700a 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
§ 62.14695a. 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.)
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§ 62.14705a What information must I
include in my annual report?
The annual report required under
§ 62.14700a must include the items
listed in paragraphs (a) through (p) of
this section. If you have a deviation
from the operating limits or the
emission limitations in this subpart, you
must also submit deviation reports as
specified in §§ 62.14710a, 62.14715a,
and 62.14720a.
(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. If your report is
submitted via the Compliance and
Emissions Data Reporting Interface
(CEDRI), the certifier’s electronic
signature during the submission process
replaces this requirement;
(c) Date of report and beginning and
ending dates of the reporting period.
You are no longer requried to provide
the date of the report when the report
is submitted via CEDRI;
(d) The values for the operating limits
established pursuant to § 62.14605a or
§ 62.14610a;
(e) If no deviation from any emission
limitation or operating limit that applies
to you has been reported, a statement
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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 (30-day average for energy
recovery units), as applicable, for each
operating parameter recorded for the
calendar year being reported;
(g) Information recorded under
§ 62.14675a(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 § 62.14730a(b)(1), the
performance test report no later than the
date that you submit the annual report;
(i) If you met the requirements of
§ 62.14655a, and did not conduct a
performance test during the reporting
period, you must state that you met the
requirements of § 62.14655a, and,
therefore, you were not required to
conduct a performance test during the
reporting period;
(j) The start date, start time, and
duration (in hours) of periods when all
qualified CISWI 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 start date, start
time, duration (in hours), and a brief
description for each 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)
of this chapter, including actions taken
to correct a malfunction;
(l) For each deviation from an
emission or operating limitation that
occurs for a CISWI 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 (in hours)
of the CISWI at which the deviation
occurred during the reporting period;
and
(2) Information on the start date, start
time, duration (in hours), 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
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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 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 start and end date and time
and duration (in hours) that each CMS
was inoperative, except for zero (lowlevel) and high-level checks;
(3) The start and end date and time
and duration (in hours) that each
continuous monitoring system was outof-control, 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
(in hours) 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
(in hours) 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
(in hours) 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 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;
(9) A brief description of the CISWI;
(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;
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(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; and
(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.
§ 62.14710a 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
(30-day average for energy recovery
units or for PM CPMS) 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 any 6-month reporting period,
if a performance test was conducted that
deviated from any emission limitation,
or if a 30-day average measured using a
CEMS 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).
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§ 62.14715a What must I include in the
deviation report?
In each report required under
§ 62.14710a, 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 the dates in paragraph (a) of this
section;
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(c) Duration and causes of the
following:
(1) Each deviation from the emission
limitations or operating limits and your
corrective actions; and
(2) Bypass events and your corrective
actions. Include the calendar date and
start time of the bypass event; 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
§ 62.14730a(b)(1), the performance test
report no later than the date that you
submit the deviation report.
§ 62.14720a What else must I report if I
have a deviation from the requirement to
have a qualified operator accessible?
(a) If all qualified operators are not
accessible for two weeks or more, you
must take the two actions in paragraphs
(a)(1) and (2) of this section.
(1) You must 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.
(b) If your unit was shut down by the
Administrator, under the provisions of
§ 62.14595a(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.
§ 62.14725a Are there any other
notifications or reports that I must submit?
(a) Yes. You must submit notifications
as provided by § 60.7 of this chapter.
(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 § 62.14640a(a).
The notification must identify:
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(1) The name of the owner or operator
of the CISWI, 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
subpart and subcategory under 40 CFR
part 63 that will be applicable after you
cease combusting solid waste;
(3) The fuel(s), non-waste material(s),
and solid waste(s) the CISWI 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.
§ 62.14730a
reports?
In what form can I submit my
(a) Submit initial, annual, and
deviation reports electronically or in
paper format, postmarked on or before
the submittal due dates. Beginning on
January 10, 2025, or once the reporting
form has been available in CEDRI for 1
year, whichever is later, you must
submit subsequent reports on or before
the submittal dates to the EPA via the
CEDRI, which 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 website
(https://www.epa.gov/electronicreporting-air-emissions/complianceand-emissions-data-reporting-interfacecedri). When the date forms become
available in CEDRI, they will be listed
on the CEDRI website. 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 of this chapter.
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:
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(1) Within 60 days after the date of
completing each performance test (see
§ 60.8 of this chapter) required by this
subpart, you must submit the results of
the performance test following the
procedure specified in either paragraph
(b)(1)(i) or (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 website
(https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) 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
website. 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
website, 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
(b)(1)(i); and
(ii) For data collected using test
methods that are not supported by the
EPA’s ERT as listed on the EPA’s ERT
website 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 of
this chapter.
(2) Within 60 days after the date of
completing each CEMS performance
evaluation you must submit the results
of the performance evaluation following
the procedure specified in either
paragraph (b)(2)(i) or (ii) of this section.
In the situation where performance
evaluations cover multiple days, the
results may be submitted together up to
60 days after all performance
evaluations are completed.
(i) For performance evaluations of
continuous monitoring systems
measuring RATA pollutants that are
supported by the EPA’s ERT as listed on
the EPA’s ERT website at the time of the
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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
website. 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
website, 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 (b)(2)(i); 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 website 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 of this chapter.
(c) If you are required to electronically
submit a report through the CEDRI in
the EPA’s CDX, and due to a planned or
actual outage of either the EPA’s CEDRI
or CDX systems within the period of
time beginning 5 business days prior to
the date that the submission is due, you
will be or are precluded from accessing
CEDRI or CDX and submitting a
required report within the time
prescribed, you may assert a claim of
EPA system outage for failure to timely
comply with the reporting requirement.
You must submit notification to the
Administrator in writing as soon as
possible following the date you first
knew, or through due diligence should
have known, that the event may cause
or caused a delay in reporting. You must
provide to the Administrator a written
description identifying the date, time,
and length of the outage; a rationale for
attributing the delay in reporting
beyond the regulatory deadline to the
EPA system outage; describe the
measures taken or to be taken to
minimize the delay in reporting; and
identify a date by which you propose to
report, or if you have already met the
reporting requirement at the time of the
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notification, the date you reported. In
any circumstance, the report must be
submitted electronically as soon as
possible after the outage is resolved. The
decision to accept the claim of EPA
system outage and allow an extension to
the reporting deadline is solely within
the discretion of the Administrator.
(d) If you are required to
electronically submit a report through
CEDRI in the EPA’s CDX and a force
majeure event is about to occur, occurs,
or has occurred or there are lingering
effects from such an event within the
period of time beginning 5 business
days prior to the date the submission is
due, the owner or operator may assert a
claim of force majeure for failure to
timely comply with the reporting
requirement. For the purposes of this
section, a force majeure event is defined
as an event that will be or has been
caused by circumstances beyond the
control of the affected facility, its
contractors, or any entity controlled by
the affected facility that prevents you
from complying with the requirement to
submit a report electronically within the
time period prescribed. Examples of
such events are acts of nature (e.g.,
hurricanes, earthquakes, or floods), acts
of war or terrorism, or equipment failure
or safety hazard beyond the control of
the affected facility (e.g., large scale
power outage). If you intend to assert a
claim of force majeure, you must submit
notification to the Administrator in
writing as soon as possible following the
date you first knew, or through due
diligence should have known, that the
event may cause or caused a delay in
reporting. You must provide to the
Administrator a written description of
the force majeure event and a rationale
for attributing the delay in reporting
beyond the regulatory deadline to the
force majeure event; describe the
measures taken or to be taken to
minimize the delay in reporting; and
identify a date by which you propose to
report, or if you have already met the
reporting requirement at the time of the
notification, the date you reported. In
any circumstance, the reporting must
occur as soon as possible after the force
majeure event occurs. The decision to
accept the claim of force majeure and
allow an extension to the reporting
deadline is solely within the discretion
of the Administrator.
§ 62.14735a
changed?
Can reporting dates be
If the Administrator agrees, you may
change the semiannual or annual
reporting dates. See § 60.19(c) of this
chapter for procedures to seek approval
to change your reporting date.
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Air Curtain Incinerators (ACIs)
§ 62.14740a What is an air curtain
incinerator?
(a) An ACI 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
§ 62.14770a, this section, and
§§ 62.14745a through 62.14765a:
(1) One hundred (100) percent wood
waste;
(2) One hundred (100) percent clean
lumber; and
(3) One hundred (100) percent
mixture of only wood waste, clean
lumber, and/or yard waste.
§ 62.14745a 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 this subpart, you
must comply with the final standards in
this subpart on January 10, 2025.
(b) If you close your incinerator but
will restart it after January 10, 2025, you
must complete emission control retrofits
and meet the emission limitations under
this subpart on the date your incinerator
restarts operation.
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§ 62.14750a What must I do if I plan to
permanently close my air curtain
incinerator and not restart it?
If you plan to permanently close your
incinerator rather than comply with this
subpart, submit a closure notification,
including the date of closure, to the
Administrator no later than six months
prior to the date your operation will
cease. The closure date cannot be later
than January 10, 2025, for sources that
will not operate on and after the
compliance date under this subpart. In
addition, while still in operation, your
air curtain incinerator is subject to the
same requirement to apply for and
obtain an operating permit under title V
of the Clean Air Act that applies to an
air curtain incinerator that will not be
permanently closing.
§ 62.14755a What are the emission
limitations for air curtain incinerators?
After the date the initial test for
opacity is required or completed
(whichever is earlier), you must meet
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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.
(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.
§ 62.14760a How must I monitor opacity
for air curtain incinerators?
(a) Use Method 9 of 40 CFR part 60,
appendix A–4, to determine compliance
with the opacity limitation.
(b) Conduct an initial test for opacity
as specified in § 60.8 of this chapter no
later than 180 days after your final
compliance date under this subpart.
(c) After the initial test for opacity,
conduct annual tests no more than 12
calendar months following the date of
your previous test.
§ 62.14765a What are the recordkeeping
and reporting requirements for air curtain
incinerators?
(a) Keep records of results of all initial
and annual opacity tests onsite in either
paper copy or electronic format, unless
the Administrator approves another
format, for at least 5 years.
(b) Make all records available for
submittal to the Administrator or for an
inspector’s onsite review.
(c) Submit an initial report no later
than 60 days following the initial
opacity test that includes the
information specified in paragraphs
(c)(1) and (2) of this section.
(1) The types of materials you plan to
combust in your ACI; 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.
Title V Requirements
§ 62.14770a Am I required to apply for and
obtain a title V operating permit for my
unit?
Yes. Each CISWI and ACI subject to
standards under this subpart must
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operate pursuant to a permit issued
under section 129(e) and title V of the
Clean Air Act.
Delegation of Authority
§ 62.14775a What authorities are withheld
by the EPA Administrator?
The following authorities are
withheld by the EPA Administrator and
not transferred to the state or tribe:
(a) Approval of alternatives to the
emission limitations in tables 4 through
7 to this subpart and operating limits
established under § 62.14605a and table
1 to this subpart.
(b) Approval of petitions submitted
pursuant to the requirements of
§ 62.14610a establishing operating
parameters when using controls other
than a wet scrubber, fabric filter,
activated carbon injection, selective
noncatalytic reduction, or a dry
scrubber to comply with the emission
limitations in tables 4 through 7 to this
subpart.
(c) Approval of major alternatives to
test methods established under
§ 62.14615a and tables 4 through 7 to
this subpart.
(d) Approval of major alternatives to
monitoring requirements established
under §§ 62.14665a and 62.14575a and
table 1 to this subpart.
(e) Approval of major alternatives to
recordkeeping and reporting
requirements of this subpart.
(f) Approval of an alternative to any
electronic reporting to the EPA required
by this subpart.
(g) Approval of requests submitted
pursuant to the requirements in
§ 62.14595a(b)(2).
(h) Approval of alternative opacity
emission limits in § 62.14600a under
§ 60.11(e)(6) through (8) of this chapter.
(i) Performance test and data
reduction waivers under § 62.14615a(j)
and § 60.8(b)(4) and (5) of this chapter.
(j) Determination of whether a
qualifying small power production
facility or cogeneration facility under
§ 62.14530a(d) or (e) is combusting
homogeneous waste.
Definitions
§ 62.14780a
What definitions must I know?
Terms used but not defined in this
subpart are defined in the Clean Air Act,
40 CFR part 60, subparts A and B, and
subpart A 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.
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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 (ACI) 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 different from conventional
combustion devices which typically
have 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,
liquefied petroleum gas, fuel oil, or
diesel fuel.
Average annual heat input rate means
annual heat input divided by the hours
of operation for the 12 months
preceding the compliance
demonstration.
Bag leak detection system means an
instrument that is capable of monitoring
particulate matter loadings in the
exhaust of a fabric filter (i.e., baghouse)
in order to detect bag failures. A bag
leak detection system includes, but is
not limited to, an instrument that
operates on triboelectric, light
scattering, light transmittance, or other
principle to monitor relative particulate
matter loadings.
Burn-off oven means any rack
reclamation unit, part reclamation unit,
or drum reclamation unit. A burn-off
oven is not an incinerator, wasteburning kiln, an energy recovery unit or
a small, remote incinerator under this
subpart.
Bypass stack means a device used for
discharging combustion gases to avoid
severe damage to the air pollution
control device or other equipment.
Calendar quarter means 3 consecutive
months (non-overlapping) 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:
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(1) For incinerators and small, remote
incinerators: CEMS data collected
during the first hours of operation of a
CISWI 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
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
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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
chromate copper arsenate,
pentachlorophenol, and creosote.
Commercial and industrial solid
waste incineration unit (CISWI) 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 of this chapter that have been
discarded, and you do not keep and
produce records as required by
§ 62.14675a(s), the operating unit is a
CISWI. While not all CISWI will include
all of the following components, a
CISWI 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 does not include
air pollution control equipment or the
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stack. The CISWI 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
includes all ash handling systems
connected to the bottom ash handling
system.
Contained gaseous material means
gases that are in a container when that
container is combusted.
Continuous emission monitoring
system (CEMS) means the total
equipment that may be required to meet
the data acquisition and availability
requirements of this subpart, used to
sample, condition (if applicable),
analyze, and provide a record of
emissions.
Continuous monitoring system (CMS)
means the total equipment, required
under the emission monitoring sections
in applicable subparts, used to sample
and condition (if applicable), to analyze,
and to provide a permanent record of
emissions or process parameters. A
particulate matter continuous parameter
monitoring system (PM CPMS) is a type
of CMS.
Cyclonic burn barrel means a
combustion device for waste materials
that is attached to a 55 gallon, openhead drum. The device consists of a lid,
which fits onto and encloses the drum,
and a blower that forces combustion air
into the drum in a cyclonic manner to
enhance the mixing of waste material
and air. A cyclonic burn barrel is not an
incinerator, a waste-burning kiln, an
energy recovery unit or a small, remote
incinerator under this subpart.
Deviation means any instance in
which an affected source subject to this
subpart, or an owner or operator of such
a source:
(1) Fails to meet any requirement or
obligation established by this subpart,
including but not limited to any
emission limitation, operating limit, or
operator qualification and accessibility
requirements; 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
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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 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
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(as defined by the Administrator in 40
CFR part 241) for the purpose of
reducing the volume of the waste by
removing combustible matter.
Incinerator designs include single
chamber and two-chamber.
In-line coal mill means those coal
mills using kiln exhaust gases in their
process. Coal mills with a heat source
other than the kiln or coal mills using
exhaust gases from the clinker cooler
alone are not an in-line coal mill.
In-line kiln/raw mill means a system
in a Portland Cement production
process where a dry kiln system is
integrated with the raw mill so that all
or a portion of the kiln exhaust gases are
used to perform the drying operation of
the raw mill, with no auxiliary heat
source used. In this system the kiln is
capable of operating without the raw
mill operating, but the raw mill cannot
operate without the kiln gases, and
consequently, the raw mill does not
generate a separate exhaust gas stream.
Kiln means an oven or furnace,
including any associated preheater or
precalciner devices, in-line raw mills,
in-line coal mills, or alkali bypasses
used for processing a substance by
burning, firing, or drying. Kilns include
cement kilns that produce clinker by
heating limestone and other materials
for subsequent production of Portland
Cement. Because the alkali bypass, inline raw mill, and in-line coal mill are
considered an integral part of the kiln,
the kiln emissions limits also apply to
the exhaust of the alkali bypass, in-line
raw mill, and in-line coal mill.
Laboratory analysis unit means units
that burn samples of materials for the
purpose of chemical or physical
analysis. A laboratory analysis unit is
not an incinerator, waste-burning kiln,
an energy recovery unit or a small,
remote incinerator under this subpart.
Load fraction means the actual heat
input of an energy recovery unit divided
by heat input during the performance
test that established the minimum
sorbent injection rate or minimum
activated carbon injection rate,
expressed as a fraction (e.g., for 50
percent load the load fraction is 0.5).
Low-level radioactive waste means
waste material which contains
radioactive nuclides emitting primarily
beta or gamma radiation, or both, in
concentrations or quantities that exceed
applicable Federal or state standards for
unrestricted release. Low-level
radioactive waste is not high-level
radioactive waste, spent nuclear fuel, or
by-product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden,
infrequent, and not reasonably
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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
means a CISWI you have 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 (not including
the cost of land) updated to current
costs (current dollars). To determine
what systems are within the boundary
of the CISWI used to calculate these
costs, see the definition of CISWI; and
(2) Any physical change in the CISWI
or change in the method of operating it
that increases the amount of any air
pollutant emitted for which section 129
or section 111 of the Clean Air Act has
established standards.
Municipal solid waste or municipaltype solid waste means household,
commercial/retail, or institutional
waste. Household waste includes
material discarded by residential
dwellings, hotels, motels, and other
similar permanent or temporary
housing. Commercial/retail waste
includes material discarded by stores,
offices, restaurants, warehouses,
nonmanufacturing activities at
industrial facilities, and other similar
establishments or facilities. Institutional
waste includes materials discarded by
schools, by hospitals (nonmedical), by
nonmanufacturing activities at prisons
and government facilities, and other
similar establishments or facilities.
Household, commercial/retail, and
institutional waste does include yard
waste and refuse-derived fuel.
Household, commercial/retail, and
institutional waste does not include
used oil; sewage sludge; wood pallets;
construction, renovation, and
demolition wastes (which include
railroad ties and telephone poles); clean
wood; industrial process or
manufacturing wastes; medical waste; or
motor vehicles (including motor vehicle
parts or vehicle fluff).
Opacity means the degree to which
emissions reduce the transmission of
light and obscure the view of an object
in the background.
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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.
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
as measured by Method 5 of 40 CFR part
60, appendix A–3, or Method 29 of 40
CFR part 60, appendix A–8.
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 which
may increase the emission rate of any
air pollutant to which a standard
applies;
(2) An operational change to the
CISWI where a new type of nonhazardous secondary material is being
combusted;
(3) A physical change (maintenance
activities excluded) to the air pollution
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control devices used to comply with the
emission limits for the CISWI (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 (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 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 (not including
land) updated to current costs (current
dollars). To determine what systems are
within the boundary of the CISWI used
to calculate these costs, see the
definition of CISWI.
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:
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(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
subpart, 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
insofar as actions, standards,
requirements, or prohibitions under title
IV of the Clean Air Act or 40 CFR parts
72 through 78 are concerned; or
(ii) The designated representative for
any other purposes under 40 CFR 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 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 § 241.2 of this
chapter.
Solid waste incineration unit means a
distinct operating unit of any facility
which combusts any solid waste (as
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). This
definition 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 § 279.23 of this
chapter. 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 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 utilizes an
aqueous or alkaline scrubbing liquor to
collect particulate matter (including
non-vaporous 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.
TABLE 1 TO SUBPART IIIA OF PART 62—OPERATING LIMITS FOR WET SCRUBBERS
And monitor using these minimum frequencies
You must establish
these operating limits
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For these operating parameters
Data measurement
Data recording
Averaging time
Charge rate ....................................................
Maximum charge rate
Continuous .........
Every hour .........
Pressure drop across the wet scrubber or
amperage to wet scrubber.
Scrubber liquor flow rate ................................
Scrubber liquor pH .........................................
Minimum pressure
drop or amperage.
Minimum flow rate ....
Minimum pH ..............
Continuous .........
Every 15 minutes
1. Daily (batch units)
2. 3-hour rolling (continuous and
intermittent units) 1.
3-hour rolling 1.
Continuous .........
Continuous .........
Every 15 minutes
Every 15 minutes
3-hour rolling 1.
3-hour rolling 1.
1 Calculated
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each hour as the average of the previous 3 operating hours.
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TABLE 2 TO SUBPART IIIA OF PART 62—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 3 TO SUBPART IIIA OF PART 62—SUMMARY OF REPORTING REQUIREMENTS 1
Report
A. Waste Management Plan.
B. Initial Test Report ..
C. Annual report .........
lotter on DSK11XQN23PROD with RULES2
D. Emission Limitation
or Operating Limit
Deviation Report.
VerDate Sep<11>2014
Due date
Contents
No later than January
10, 2025, or the
date you recommence burning
solid waste, whichever is later.
No later than 60 days
following the initial
performance test.
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.
Waste management plan ...............................................................
§ 62.14690a.
1.
2.
3.
1.
2.
3.
4.
5.
§ 62.14695a.
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.
19:50 Dec 10, 2024
Jkt 265001
Reference
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 .....................................................................
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, (or 30-day average, if applicable) for each
operating parameter recorded for the calendar year being reported.
6. If a performance test was conducted during the reporting period, the results of the test.
7. If a performance test was not conducted during the reporting
period, a statement that the requirements of § 62.14655a(a)
were met.
8. Documentation of periods when all qualified CISWI operators
were unavailable for more than 8 hours but less than 2 weeks.
9. If you are conducting performance tests once every 3 years
consistent with § 62.14655a(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in
the last 2 performancetests to the 75 percent emission limit
threshold required in § 62.14655a(a) and a statement as to
whether there have been any operational changes since the
last performance test that could increase emissions.
10. Any malfunction, deviation, or continuous monitoring system
out of control periods information as specified in
§ 62.14705a(k) through (o).
11. Fuel input information for energy recovery unit subcategory
verification as specified in § 62.14705a(p).
1. Dates and times of deviations ....................................................
2. Averaged and recorded data for these dates.
3. Duration and causes for each deviation and the corrective actions taken.
4. Copy of operating limit monitoring data and any test reports.
5. Dates, times, and causes for monitor downtime incidents.
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§§ 62.14700a and
62.14705a. Subsequent
reports are to be submitted no more than 12
months following the previous report.
§§ 62.14710a and
62.14715a.
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100133
TABLE 3 TO SUBPART IIIA OF PART 62—SUMMARY OF REPORTING REQUIREMENTS 1—Continued
Report
Due date
Contents
E. Qualified Operator
Deviation Notification.
F. Qualified Operator
Deviation Status
Report.
G. Qualified Operator
Deviation Notification of Resumed
Operation.
Within 10 days of deviation.
1. Statement of cause of deviation ................................................
2. Description of efforts to have an accessible qualified operator.
3. The date a qualified operator will be accessible.
1. Description of efforts to have an accessible qualified operator
2. The date a qualified operator will be accessible.
3. Request for approval to continue operation.
Notification that you are resuming operation .................................
1 This
Every 4 weeks following deviation.
Prior to resuming operation.
Reference
§ 62.14720a(a)(1)
§ 62.14720a(a)(2).
§ 62.14720a(b).
table is only a summary, see the referenced sections of this part for the complete requirements.
TABLE 4 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND
AFTER JANUARY 10, 2025
For the air pollutant
Using this averaging time 2
And determining compliance using this
method 2
Cadmium .....................
0.0026 milligrams per
dry standard cubic
meter.
3-run average (collect a minimum volume of
2 dry standard cubic meters).
Carbon monoxide ........
17 parts per million
dry volume.
4.6 nanograms per dry
standard cubic
meter.
0.13 nanograms per
dry standard cubic
meter.
29 parts per million
dry volume.
3-run average (1 hour minimum sample time
per run).
3-run average (collect a minimum volume of
2 dry standard cubic meters).
Performance test (Method 29 of appendix A–
8 to 40 CFR part 60). Use inductively coupled plasma mass spectrometry (ICPMS)
for the analytical finish.
Performance test (Method 10 of appendix A–
4 to 40 CFR part 60).
Performance test (Method 23 of appendix A–
7 to 40 CFR part 60).
3-run average (collect a minimum volume of
2 dry standard cubic meters).
Performance test (Method 23 of appendix A–
7 to 40 CFR part 60).
3-run average (for Method 26 of appendix A–
8 to 40 CFR part 60, collect a minimum
volume of 60 liters per run; for Method 26A
of appendix A–8 to 40 CFR part 60, 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).
Performance test (Method 26 or 26A of appendix A–8 to 40 CFR part 60).
Dioxins/furans (total
mass basis).
Dioxins/furans (toxic
equivalency basis).
Hydrogen chloride .......
Lead .............................
Mercury ........................
0.015 milligrams per
dry standard cubic
meter 2.
0.0048 milligrams per
dry standard cubic
meter.
Nitrogen oxides ...........
53 parts per million
dry volume.
Particulate matter filterable.
34 milligrams per dry
standard cubic
meter.
11 parts per million
dry volume.
Sulfur dioxide ...............
Fugitive ash .................
lotter on DSK11XQN23PROD with RULES2
You must meet this
emission limitation 1
Visible emissions for
no more than 5% of
the hourly observation period.
3-run average (for Method 29 of appendix A–
8 to 40 CFR part 60 an ASTM D6784–24,3
collect a minimum volume of 2 dry standard cubic meters per run; for Method 30B
of appendix A–8 to 40 CFR part 60, collect
a minimum sample as specified in Method
30B).
3-run average (for Method 7E of appendix A–
4 to 40 CFR part 60, 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).
Three 1-hour observation periods ..................
Performance test (Method 29 of appendix A–
8 to 40 CFR part 60). Use ICPMS for the
analytical finish.
Performance test (Method 29 or 30B of appendix A–8 to 40 CFR part 60) or ASTM
D6784–24.3 4
Performance test (Method 7 or 7E of appendix A–4 to 40 CFR part 60).
Performance test (Method 5 of appendix A–3
to 40 CFR part 60 or Method 29 of appendix A–8 to 40 CFR part 60).
Performance test (Method 6 or 6c of appendix A–4 to 40 CFR part 60) or ANSI/ASME
PTC–19.10–1981.3 5
Visible emission test (Method 22 of appendix
A–7 to 40 CFR part 60).
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 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and
continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements
applicable to the specific pollutant in §§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic
average emission concentrations.
3 The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167,
https://www.epa.gov. You may inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of
this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
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19:23 Dec 10, 2024
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100134 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
4 ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428–2959; (Phone: 1–877–909–2786; website: https://www.astm.org/).
5 ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; website: https://www.asme.org/).
TABLE 5 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY
UNITS AFTER JANUARY 10, 2025
You must meet this emission limitation 1
lotter on DSK11XQN23PROD with RULES2
And determining compliance using this
method 2
Using this averaging time 2
For the air pollutant
Liquid/gas
Solids
Cadmium ................
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.
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.2 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
meter.2
Biomass—0.20 parts per million dry
volume. Coal—58 parts per million
dry volume.
Lead .......................
0.096 milligrams
per dry standard
cubic meter.
Mercury ..................
0.0024 milligrams
per dry standard
cubic meter.
Nitrogen oxides ......
76 parts per million
dry volume.
Particulate matter
filterable.
110 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—0.014
standard cubic
milligrams per
meter.
Biomass—0.0022
standard cubic
milligrams per
meter.
milligrams per dry
meter.2 Coal—0.057
dry standard cubic
milligrams per dry
meter. Coal—0.013
dry standard cubic
Biomass—290 parts per million dry
volume. Coal—460 parts per million
dry volume.
Biomass—11 milligrams per dry standard cubic meter. Coal—130 milligrams per dry standard cubic meter.
Biomass—7.3 parts per million dry volume. Coal—850 parts per million dry
volume.
Visible emissions for no more than 5
percent of the hourly observation
period.
3-run average (collect a minimum vol- Performance test (Method 29 of apume of 2 dry standard cubic meters).
pendix A–8 to 40 CFR part 60). Use
ICPMS for the analytical finish.
3-run average (1 hour minimum sample time per run).
Performance test (Method 10 of appendix A–4 to 40 CFR part 60).
3-run average (collect a minimum volume of 4 dry standard cubic meter).
Performance test (Method 23 of appendix A–7 to 40 CFR part 60).
3-run average (collect a minimum vol- Performance test (Method 23 of apume of 4 dry standard cubic meters).
pendix A–7 to 40 CFR part 60).
3-run average (for Method 26 of ap- Performance test (Method 26 or 26A
pendix A–8 to 40 CFR part 60, colof appendix A–8 to 40 CFR part 60).
lect a minimum of 120 liters; for
Method 26A of appendix A–8 to 40
CFR part 60, collect a minimum volume of 1 dry standard cubic meter).
3-run average (collect a minimum vol- Performance test (Method 29 of apume of 2 dry standard cubic meters).
pendix A–8 to 40 CFR part 60). Use
ICPMS for the analytical finish.
3-run average (for Method 29 of appendix A–8 to 40 CFR part 60 and
ASTM D6784–24,3 collect a minimum volume of 2 dry standard
cubic meters per run; for Method
30B of appendix A–8 to 40 CFR part
60, collect a minimum sample as
specified in Method 30B).
3-run average (for Method 7E of appendix A–4 to 40 CFR part 60, 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).
Three 1-hour observation periods .......
Performance test (Method 29 or 30B
of appendix A–8 to 40 CFR part 60)
or ASTM D6784–24.3 4
Performance test (Method 7 or 7E of
appendix A–4 to 40 CFR part 60).
Performance test (Method 5 of appendix A–3 to 40 CFR part 60 or Method 29 of appendix A–8 to 40 CFR
part 60) if the unit has an annual average heat input rate less than or
equal to 250 MMBtu/hr; or PM
CPMS
(as
specified
in
§ 62.14670(x)) if the unit has an annual average heat input rate greater
than 250 MMBtu/hr.
Performance test (Method 6 or 6c of
appendix A–4 to 40 CFR part 60); or
ANSI/ASME PTC–19.10–1981.3 5
Visible emission test (Method 22 of
appendix A–7 to 40 CFR part 60).
1 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.
2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
§§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an
emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations.
3 The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from
the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, https://www.epa.gov. You may inspect a copy
at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
4 ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources
(Ontario Hydro Method), [approved March 1, 2024]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959;
(Phone: 1–877–909–2786; website: https://www.astm.org/).
5 ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Two
Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; website: https://www.asme.org/).
VerDate Sep<11>2014
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100135
TABLE 6 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING KILNS
AFTER JANUARY 10, 2025
For the air pollutant
You must meet this
emission limitation 1
Using this averaging time 2
And determining compliance using this
method 2 3
Cadmium .....................
0.0014 milligrams per
dry standard cubic
meter 2.
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 2.
3.0 parts per million
dry volume 2.
3-run average (collect a minimum volume of
2 dry standard cubic meters).
Performance test (Method 29 of appendix A–
8 to 40 CFR part 60).
3-run average (1 hour minimum sample time
per run).
Performance test (Method 10 of appendix A–
4 to 40 CFR part 60).
3-run average (collect a minimum volume of
4 dry standard cubic meters).
Performance test (Method 23 of appendix A–
7 to 40 CFR part 60).
3-run average (collect a minimum volume of
4 dry standard cubic meters).
Performance test (Method 23 of appendix A–
7 to 40 CFR part 60).
3-run average (collect a minimum volume of
1 dry standard cubic meter) or 30-day rolling average if HCl CEMS is being used.
If a wet scrubber or dry scrubber is used,
performance test (Method 321 of appendix
A to 40 CFR part 63). If a wet scrubber or
dry scrubber is not used, HCl CEMS as
specified in § 62.14670(j).
Performance test (Method 29 of appendix A–
8 to 40 CFR part 60).
Carbon monoxide ........
Dioxins/furans (total
mass basis).
Dioxins/furans (toxic
equivalency basis).
Hydrogen chloride .......
Lead .............................
Mercury ........................
Nitrogen oxides ...........
Particulate matter filterable.
Sulfur dioxide ...............
0.014 milligrams per
dry standard cubic
meter 2.
0.011 milligrams per
dry standard cubic
meter.
Or
58 pounds/million tons
of clinker.
630 parts per million
dry volume.
13.5 milligrams per dry
standard cubic
meter.
600 parts per million
dry volume.
3-run average (collect a minimum volume of
2 dry standard cubic meters).
30-day rolling average ....................................
3-run average (for Method 7E of appendix A–
4 to 40 CFR part 60, 1 hour minimum sample time per run).
30-day rolling average ....................................
3-run average (for Method 6 of appendix A–4
to 40 CFR part 60, collect a minimum of 20
liters; for Method 6C of appendix A–4 to 40
CFR part 60, 1 hour minimum sample time
per run).
Mercury CEMS or integrated sorbent trap
monitoring system (performance specification 12A or 12B, respectively, of appendix
B to 40 CFR part 60 and procedure 5 of
appendix F to 40 CFR part 60), as specified in § 62.14670(j).
Performance test (Method 7 or 7E of appendix A–4 to 40 CFR part 60).
PM CPMS (as specified in § 62.14670(x)).
Performance test (Method 6 or 6c of appendix A–4 to 40 CFR part 60) or ANSI/ASME
PTC–19.10–1981.4
1 All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system 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 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and
continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements
applicable to the specific pollutant in §§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic
average emission concentrations.
3 Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in § 62.14640a(y)(3). They are not subject to
the CEMS, integrated sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust.
4 ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] is incorporated by reference into this
section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the U.S. Environmental Protection Agency (EPA) and at the National Archives and Records Administration (NARA). Contact the EPA at:
1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, https://www.epa.gov. For information on the availability of this material
at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. This material may be obtained from the
American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990; phone: 1–800–843–2763; website: https://
www.asme.org/).
lotter on DSK11XQN23PROD with RULES2
TABLE 7 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE
INCINERATORS AFTER JANUARY 10, 2025
For the air pollutant
You must meet this
emission limitation 1
Using this averaging time 2
And determining compliance using this
method 2
Cadmium .....................
0.95 milligrams per dry
standard cubic
meter.
64 parts per million
dry volume.
3-run average (collect a minimum volume of
1 dry standard cubic meters per run).
Performance test (Method 29 of appendix A–
8 to 40 CFR part 60).
3-run average (1 hour minimum sample time
per run).
Performance test (Method 10 of appendix A–
4 to 40 CFR part 60).
Carbon monoxide ........
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100136 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
TABLE 7 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE
INCINERATORS AFTER JANUARY 10, 2025—Continued
For the air pollutant
Dioxins/furans (total
mass basis).
Dioxins/furans (toxic
equivalency basis).
Fugitive ash .................
Hydrogen chloride .......
Lead .............................
Mercury ........................
You must meet this
emission limitation 1
Using this averaging time 2
And determining compliance using this
method 2
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 23 of appendix A–
7 to 40 CFR part 60).
3-run average (collect a minimum volume of
1 dry standard cubic meters).
Performance test (Method 23 of appendix A–
7 to 40 CFR part 60).
Three 1-hour observation periods ..................
Visible emissions test (Method 22 of appendix A–7 to 40 CFR part 60).
3-run average (for Method 26 of appendix A–
8 to 40 CFR part 60, collect a minimum
volume of 120 liters per run; for Method
26A of appendix A–8 to 40 CFR part 60,
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 of appendix A–8 to 40 CFR part 60).
2.1 milligrams per dry
standard cubic
meter.
0.0053 milligrams per
dry standard cubic
meter.
Nitrogen oxides ...........
190 parts per million
dry volume.
Particulate matter (filterable).
270 milligrams per dry
standard cubic
meter.
150 parts per million
dry volume.
Sulfur dioxide ...............
3-run average (for Method 29 of appendix A–
8 to 40 CFR part 60 and ASTM D6784–
24,3 collect a minimum volume of 2 dry
standard cubic meters per run; for Method
30B of appendix A–8 to 40 CFR part 60,
collect a minimum sample as specified in
Method 30B).
3-run average (for Method 7E of appendix A–
4 to 40 CFR part 60, 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 of appendix A–4
to 40 CFR part 60, collect a minimum of 20
liters per run; for Method 6C of appendix
A–4 to 40 CFR part 60, 1 hour minimum
sample time per run).
Performance test (Method 29 of appendix A–
8 to 40 CFR part 60). Use ICPMS for the
analytical finish.
Performance test (Method 29 or 30B of appendix A–8 to 40 CFR part 60) or ASTM
D6784–24.3 4
Performance test (Method 7 or 7E of appendix A–4 to 40 CFR part 60).
Performance test (Method 5 of appendix A–3
to 40 CFR part 60 or Method 29 of appendix A–8 to 40 CFR part 60).
Performance test (Method 6 or 6c of appendix A–4 to 40 CFR part 60); or ANSI/ASME
PTC–19.10–1981.3 5
1 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.
2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and
continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements
applicable to the specific pollutant in §§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic
average emission concentrations.
3 The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167,
https://www.epa.gov. You may inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of
this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
4 ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428–2959; (Phone: 1–877–909–2786; website: https://www.astm.org/).
5 ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; website: https://www.asme.org/).
[FR Doc. 2024–26650 Filed 12–10–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 100092-100136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26650]
[[Page 100091]]
Vol. 89
Wednesday,
No. 238
December 11, 2024
Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 62
Federal Plan Requirements for Commercial and Industrial Solid Waste
Incineration Units That Commenced Construction On or Before June 4,
2010 and Have Not Been Modified or Reconstructed Since August 7, 2013;
Final Rule
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 /
Rules and Regulations
[[Page 100092]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-HQ-OAR-2016-0664; FRL-5960-02-OAR]
RIN 2060-AT28
Federal Plan Requirements for Commercial and Industrial Solid
Waste Incineration Units That Commenced Construction On or Before June
4, 2010 and Have Not Been Modified or Reconstructed Since August 7,
2013
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action finalizes the Federal plan for existing commercial
and industrial solid waste incineration units (CISWI). This final
action implements the U.S. Environmental Protection Agency's (EPA)
emission guidelines adopted on February 7, 2013, as amended on June 23,
2016, and on April 16, 2019, in states that do not have an approved
state plan implementing the emission guidelines in place by the
effective date of this Federal plan. The implementation of the emission
guidelines will result in emissions reductions of the regulated
pollutants including cadmium, hydrogen chloride, lead, mercury, carbon
monoxide, nitrogen oxides, particulate matter, and sulfur dioxide from
the affected CISWI. This final action is also revising the definition
of ``small, remote incinerator'' to reflect new statutory prohibitions
on the implementation of CISWI standards to units in the State of
Alaska.
DATES: This final rule is effective January 10, 2025. The incorporation
by reference of certain publications listed in the regulation is
approved by the Director of the Federal Register as of January 10,
2025.
ADDRESSES: The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2016-0664. All documents in the docket are
listed on the https://www.regulations.gov/ website. Although listed,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through https://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Dr. Felica Davis, Sector Policies and
Programs Division (E14305), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711;
telephone number: (919) 541-4857; and email address:
[email protected].
SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations.
Throughout this document the use of ``we,'' ``us,'' or ``our'' is
intended to refer to the EPA. We use multiple acronyms and terms in
this preamble. While this list may not be exhaustive, to ease the
reading of this preamble and for reference purposes, the EPA defines
the following terms and acronyms here:
AG Attorney General
CAA Clean Air Act
CBI Confidential business information
Cd Cadmium
CFR Code of Federal Regulations
CISWI Commercial and industrial solid waste incineration units
CMS Continuous monitoring system
CO Carbon monoxide
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
FF Fabric filter
HAP Hazardous air pollutants
HCl Hydrogen chloride
Hg Mercury
IBR Incorporation by reference
ICR Information collection request
mg/dscm Milligrams per dry standard cubic meter
NAICS North American Industrial Classification System
NESHAP National emission standards for hazardous air pollutants
ng/dscm Nanograms per dry standard cubic meter
NOX Nitrogen oxides
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
Pb Lead
PCB hydrocarbons and polychlorinated biphenyls
PM Particulate matter (filterable, unless otherwise specified)
PM2.5 Particulate matter (diameter less than or equal to 2.5
micrometers)
PM CPMS Particulate matter Continuous Parameter Monitoring System
ppmv Parts per million by volume
RIN Regulatory Information Number
SRI Small, remote incinerators
SO2 Sulfur dioxide
the Court United States Court of Appeals for the District of
Columbia Circuit
tpy Tons per year
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
A. Does the action apply to me?
B. What action is the EPA taking?
C. How do I obtain a copy of this document and other related
information?
D. Judicial Review
E. What are the incremental costs and benefits of this action?
II. Background Information
A. What is the statutory authority for this action?
B. What is the purpose of this action?
C. What is the status of state plan submittals?
III. Summary of Changes Since Proposal and Response to Comments
IV. Summary of Final CISWI Federal Plan Requirements
A. What are the final applicability requirements?
B. What are the final compliance schedules?
C. What emissions and operating limits is the EPA incorporating
into the final Federal plan?
D. What are the final performance testing and monitoring
requirements?
E. What are the final recordkeeping and reporting requirements?
F. What are the other final requirements?
V. CISWI That Have or Will Shut Down
A. Units That Plan To Close
B. Inoperable Units
C. CISWI That Have Shut Down
VI. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Mechanisms for Transferring Authority
C. Implementing Authority
D. Delegation of the Federal Plan and Retained Authorities
VII. Title V Operating Permits
Title V and Delegation of a Federal Plan
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
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 and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act (CRA)
I. General Information
A. Does the action apply to me?
Regulated entities. Owners or operators of existing CISWI that are
[[Page 100093]]
subject to the existing Federal plan implementing the December 1, 2000,
emission guidelines (EG), and units not already subject to an EPA-
approved and effective state plan implementing the February 7, 2013, EG
(and subsequent 2016 and 2019 amendments made to the EG), may be
regulated by this final action. Existing CISWI are those that commenced
construction on or before June 4, 2010, or that commenced modification
or reconstruction after June 4, 2010, but no later than August 7, 2013.
Regulated categories and entities include those that operate CISWI.
Although there is no specific North American Industry Classification
System (NAICS) code for CISWI, these units may be operated by the
categories of sources listed in table 1 of this preamble.
Table 1--Examples of Potentially Regulated Entities
----------------------------------------------------------------------------------------------------------------
Examples of potentially regulated
Category NAICS code entities
----------------------------------------------------------------------------------------------------------------
Any industrial or commercial facility using a 211, 212, 486 Mining; oil and gas exploration
solid waste 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.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
general guide for identifying entities likely to be affected by this
action. To determine whether a facility would be affected by this
action, please examine the applicability criteria in 40 Code of Federal
Regulations (CFR) 62.14510 through 62.14525 (now at 40 CFR 62.14510a
through 62.14530a) of subpart III (now subpart IIIa). Questions
regarding the applicability of this action to a particular entity
should be directed to the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. What action is the EPA taking?
In this action, the EPA is finalizing the Federal plan for existing
CISWI in states that do not have an approved state plan implementing
the CISWI EG. The CISWI Federal plan was proposed on January 11, 2017
(82 FR 3554), and received 13 public comments, some of which led to
revisions that were made to this final rule. The comments on the
proposal and changes the EPA made to finalize this Federal plan are
discussed in more detail in section III. of this preamble.
C. How do I obtain a copy of this document and other related
information?
The docket number for this final action regarding the CISWI Federal
plan (40 CFR part 62, subpart IIIa) is Docket ID No. EPA-HQ-OAR-2016-
0664. In addition to being available in the docket, an electronic copy
of this final action is available on the internet at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. Following publication in the
Federal Register, the EPA will post the Federal Register version of the
final rule and key technical documents on this same website.
D. Judicial Review
Under the Clean Air Act (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
(the Court) by February 10, 2025. Under CAA section 307(d)(7)(B),
``[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.'' This
section also provides a mechanism for the EPA to convene a proceeding
for reconsideration, ``[i]f the person raising an objection can
demonstrate to the EPA that it was impracticable to raise such
objection within [the period for public comment] 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.'' Any person seeking to
make such a demonstration to us should submit a Petition for
Reconsideration to the Office of the Administrator, U.S. Environmental
Protection Agency, Room 3000, WJC West Building, 1200 Pennsylvania Ave.
NW, Washington, DC 20460, with a copy to both the person(s) 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), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
E. What are the incremental costs and benefits of this action?
This Federal plan implements the CISWI EG that were promulgated on
February 7, 2013, and amended on June 23, 2016, and April 16, 2019 (see
the background discussion in section II.A. of this preamble for more
detail), for the states (see table 2 of this preamble) that do not have
approved state plans implementing the CISWI EG. Therefore, any costs
and benefits associated with this Federal plan have already been
quantified and attributed to the CISWI EG (i.e., CISWI EG benefits and
costs equal those for units covered by approved state plans plus those
units covered by this Federal plan--see section II.C. of this preamble
for more detailed discussion). Because the Consolidated Appropriations
Act of 2024, H.R. 4366, section 432, precludes the EPA from expending
funds to implement or enforce the EG codified under 40 CFR part 60,
subpart DDDD, with respect to units in the State of Alaska that are
defined as ``small remote incinerators'' (SRI) until a subsequent
regulation is issued, neither costs nor emission reductions from SRIs
located in Alaska are included in the portion of CISWI EG costs and
emissions reduction expected due to the Federal plan implementation.
Incineration of solid waste at commercial and industrial facilities
[[Page 100094]]
causes the release of a wide array of air pollutants, some of which
exist in the waste feed material and are released unchanged during
combustion, and some of which are generated as a result of the
combustion process itself.\1\ The EPA estimated in the 2013 rule that
once the state plans and the Federal plan become effective, a total
emissions reduction of the regulated pollutants would occur as follows:
acid gases (i.e., hydrogen chloride (HCl) and sulfur dioxoide
(SO2), about 7,046 tons per year (tpy); particulate matter
(PM) about 2,401 tpy; non-Hg metals (i.e., lead (Pb) and cadmium (Cd))
about 4.5 tpy; carbon monoxide (CO) about 20,000 tpy; nitrogen oxides
(NOX) about 5,399 tpy; and mercury (Hg) about 688 pounds per
year. The EPA also estimated that air pollution control devices
installed to comply with the 2013 rule would also effectively reduce
emissions of pollutants such as 7-polycyclic aromatic hydrocarbons and
polychlorinated biphenyls (PCB).\2\
---------------------------------------------------------------------------
\1\ See 78 FR 9131-9133 to reference the impacts of the EG
adopted on February 7, 2013.
\2\ See 75 FR 31970 (June 4, 2010), where polycyclic organic
matter (POM) and polychlorinated biphenyl (PCB) emission reductions
are discussed.
---------------------------------------------------------------------------
II. Background Information
A. What is the statutory authority for this action?
Sections 111(b) and 129(a) of the CAA address emissions from new
units (i.e., New Source Performance Standards (NSPS)), and CAA sections
111(d) and 129(b) address emissions from existing units (i.e., EG). The
NSPS are Federal regulations which are directly enforceable upon CISWI,
and, under CAA section 129(f)(1), become effective 6 months after
promulgation. Unlike the NSPS, the EG provide direction for developing
state plans, and are not themselves directly enforceable. For the EG to
be enforceable, it must be implemented through either an EPA-approved
state or tribal \3\ plan or through an EPA adopted Federal plan. The
Federal plan regulates CISWI in states that do not have approved plans
in effect to implement the EG. Although Congress required the EPA to
promulgate a Federal plan for states that fail to submit approvable
state plans, states may submit approvable state plans after
promulgation of the Federal plan and become subject to the approved
state plans. Congress established CAA sections 111 and 129 with the
intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved.
---------------------------------------------------------------------------
\3\ The EPA is not aware of any CISWI units owned or operated by
Indian tribal governments at the time of the publication of this
document.
---------------------------------------------------------------------------
CAA section 129(b)(2) directs states with existing CISWI(s) subject
to the EG to submit plans to the EPA that implement and enforce the EG.
The deadline for states to submit state plans to the EPA for review was
February 7, 2014 (see 78 FR 9121-2, February 7, 2013).\4\ CAA sections
111 and 129(b)(3) and 40 CFR 60.27(c) and (d) require the EPA to
develop, implement and enforce a Federal plan for CISWI in any state
which has not submitted an approvable state plan within 2 years after
promulgation of the EG. On January 11, 2017, the EPA proposed a Federal
plan that would apply to any CISWI located in any state without an
approved state plan as of the compliance date for existing CISWI (i.e.,
5 years after promulgation of the emission guidelines). The EPA did not
reopen the underlying CISWI rule for public comment in this current
action and the Agency does not address comments on the underlying CISWI
rule.\5\
---------------------------------------------------------------------------
\4\ Five states did not submit a draft or final state plan or
negative declaration and one state indicated intent to submit a
state plan to the EPA.
\5\ Many aspects of the CISWI rule were challenged in the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit or Court) in American Forest and Paper Association (AFPA) v.
EPA, and the Court rejected all challenges to the standards and
other provisions being implemented in this Federal plan. See AFPA v.
EPA, 830 F.3d 579 (D.C. Cir. 2016).
---------------------------------------------------------------------------
CAA section 129, titled ``Solid Waste Combustion,'' requires the
EPA to develop and adopt standards for solid waste incineration units
pursuant to CAA sections 111 and 129. On March 21, 2011, the EPA
promulgated revised NSPS and EG for CISWI. At that time, the
Administrator also announced that it identified certain issues that
warranted further opportunity for public comment and that the Agency
was planning to reconsider the CISWI rule. The EPA also received
petitions for reconsideration of the final CISWI rule. On December 23,
2011, the EPA proposed revisions to the March 2011 final CISWI rule and
requested comment on proposed changes to the NSPS and EG for CISWI (76
FR 80452).
On February 7, 2013, the EPA promulgated the final reconsideration
of the 2011 NSPS and EG for CISWI (78 FR 9112). The 2013 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 received petitions for reconsideration of the 2013
final rule. 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.
Additionally, the EPA proposed clarifying changes and corrections to
the 2013 final rule, some of which were raised in petitions for
reconsideration. On June 23, 2016, the EPA promulgated the final
reconsideration of the 2013 NSPS and EG for CISWI (81 FR 40956) (2016
CISWI rule).
Following promulgation of the 2016 CISWI rule, the EPA received
requests from industry interested parties and implementing agencies to
clarify various issues with implementation of the standards. In
addition, the EPA identified certain procedural issues, including
testing and monitoring issues and inconsistencies within the rules,\6\
that required further clarification or correction. On June 15, 2018,
the EPA proposed amendments to several provisions of the 2016 CISWI
rule to address these issues (83 FR 28068). In addition, the EPA
identified additional regulatory provisions, beyond those raised by the
requests from industry interested parties and implementing agencies,
that required clarification and editorial correction to address
inconsistencies and errors in the final rule. The EPA promulgated these
technical amendments on April 16, 2019 (84 FR 15846).
---------------------------------------------------------------------------
\6\ The 2019 technical amendments addressed certain
implementation issues and inconsistencies that required further
clarification or correction to the 2016 EG. The technical amendments
were not substantive and did not introduce any analytical changes to
the emission guidelines; therefore, a supplemental proposal was not
required.
---------------------------------------------------------------------------
B. What is the purpose of this action?
CAA section 129(b)(2) requires states to implement the EG for
existing solid waste incineration units, including CISWI. States with
existing CISWI were required to submit to the EPA, within one year
following promulgation of the EG (by February 7, 2014), state plans
that are at least as protective as the EG. CAA sections 111 and 129 and
40 CFR 60.27(c) and (d) require the EPA to develop, implement, and
enforce a Federal plan in states that have not submitted an approvable
plan. The EPA is promulgating this CISWI Federal plan to be effective
in any state that failed to provide an approvable state plan, thus
ensuring implementation and enforcement of the final CISWI EG.
The regulations required states without any existing CISWI to
submit to the Administrator a letter of negative
[[Page 100095]]
declaration certifying that there are no CISWI in the state (see 40 CFR
62.06). No plan was required for states that do not have any CISWI.
CISWI located in states that mistakenly submitted a letter of negative
declaration are subject to the Federal plan, once effective, until a
state plan regulating those CISWI is approved. State plans that have
been submitted to implement the final CISWI EG,\7\ have either been
approved or are currently undergoing EPA review. This CISWI Federal
plan implements the final CISWI EG in those states that do not have an
approved state plan in place by January 10, 2025. If a state plan is
approved in part, the Federal plan will apply to the affected CISWI in
lieu of the disapproved portions of the state plan until the state
addresses the deficiencies in the state or tribal plan and the revised
state plan is approved by the EPA.
---------------------------------------------------------------------------
\7\ The ``final CISWI EG'' means the provision of 40 CFR part
60, subpart DDDD, including the revisions published on June 23, 2016
(81 FR 40956), and April 16, 2019 (84 FR 15846). As noted in the
June 23, 2016, preamble, the final CISWI EG action granted
reconsideration and addressed certain aspects of the February 7,
2013, rule, which itself was issued to grant reconsideration of
aspects of the March 21, 2011, rule. The April 16, 2019, technical
amendments included clarifying revisions and general editorial
corrections. See section II.A. of this preamble for more discussion
on the background of the final CISWI EG.
---------------------------------------------------------------------------
C. What is the status of state plan submittals?
The EPA anticipates that facilities in ten states and three U.S.
territories \8\ will be subject to the CISWI Federal plan. Table 2 of
this preamble lists the status of state plans as of the signature date
of this action. Additionally, table 2 of this preamble lists states and
local agencies that submitted negative declarations and those that have
indicated that they intend to take delegation of the Federal plan to
directly implement and enforce the guidelines (see mechanisms for
transferring authority discussion in section VI.B.2. of this preamble
for more detail).
---------------------------------------------------------------------------
\8\ 42 U.S.C. 7602. Definitions (d) The term ``State'' means a
State, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, and American Samoa and includes the
Commonwealth of the Northern Mariana Islands.
Table 2--Status of State and Territory Plans
------------------------------------------------------------------------
Status States
------------------------------------------------------------------------
I. EPA-Approved State Plans.. Alabama; Colorado; Louisiana; North
Dakota; Oklahoma; Puerto Rico;
Tennessee; Virginia; West Virginia.
II. Indicated intent to
Submit Negative Declarations
to the EPA.
III. Negative Declaration Arkansas; Arizona; Connecticut; Delaware;
Submitted to the EPA. District of Columbia; Idaho; Indiana;
Kansas; Kentucky; Maine; Maryland;
Massachusetts; Minnesota; Mississippi;
Missouri; Montana; Nebraska; New
Hampshire; New Jersey; New Mexico; New
York; Nevada; Pennsylvania AMS; Rhode
Island; South Dakota; Utah; Vermont;
Virgin Islands; Wyoming.
IV. Final State Plans Florida; Georgia; Iowa; South Carolina;
Submitted to the EPA. Texas.
V. Draft State Plans
Submitted to the EPA
VI. EPA Has Not Received a California; Hawaii; Michigan; Oregon;
Draft or Final State Plan or Washington.
Negative Declaration.
VII. Indicated Intent to North Carolina.
Submit State Plan to the EPA.
VIII. Indicated Intent to
Accept Delegation of Federal
Plan
IX. Indicated Intent to Alaska; American Samoa; Guam; Illinois;
Accept Federal Plan Northern Mariana Islands; Ohio;
Implementation by the EPA. Wisconsin.
------------------------------------------------------------------------
As the EPA Regional offices approve state plans, they will also, in
the same action, amend the appropriate subpart of 40 CFR part 62 to
codify their approvals. If the EPA approves a state plan after the
Federal plan is promulgated, the Federal plan will no longer apply to
the CISWI covered by the state plan, upon the effective date of the
state plan.
CISWI owners or operators can also contact the EPA Regional office
for the state in which their CISWI are located to determine whether
there is an EPA-approved state plan in place. Table 3 of this preamble
lists the names, email addresses, and telephone numbers of the EPA
Regional office contacts and the states and territories that they
cover.
Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
Region Regional contact Phone States and territories
----------------------------------------------------------------------------------------------------------------
Region I..................... Jessica Kilpatrick, (617) 918-1652 Connecticut, Massachusetts, Maine, New
kilpatrick.jessica@ Hampshire, Rhode Island, Vermont.
epa.gov.
Region II.................... Fausto Taveras, (212) 637-3378 New York, New Jersey, Puerto Rico,
taveras.fausto@epa. Virgin Islands.
gov.
Region III................... Krystal Stankunas, (215) 814-5271 Virginia, Delaware, District of
stankunas.krystal@e Columbia, Maryland, Pennsylvania, West
pa.gov. Virginia.
Region IV.................... Mark Bloeth, (404) 562-9013 Alabama, Florida, Georgia, Kentucky,
[email protected]. Mississippi, North Carolina, South
Carolina, Tennessee.
Region V..................... Margaret Sieffert, (312) 353-1151 Minnesota, Wisconsin, Illinois, Indiana,
sieffert.margaret@e Michigan, Ohio.
pa.gov.
Region VI.................... Karolina Ruan-Lei, (214) 665-7346 Arkansas, Louisiana, New Mexico,
ruan- Oklahoma, Texas.
[email protected]
v.
Region VII................... Larry Gonzalez, (913) 551-7041 Iowa, Kansas, Missouri, Nebraska.
[email protected].
[[Page 100096]]
Region VIII.................. Allison Reibach, (303) 312-6949 Colorado, Montana, North Dakota, South
reibach.allison@epa Dakota, Utah, Wyoming.
.gov.
Region IX.................... Shaheerah Kelly, (415) 947-4156 Arizona, California, Hawaii, Nevada,
kelly.shaheerah@epa American Samoa, Guam, Northern Mariana
.gov. Islands.
Region X..................... Geoffrey Glass, (206) 553-1847 Alaska, Idaho, Oregon Washington.
[email protected].
----------------------------------------------------------------------------------------------------------------
III. Summary of Changes Since Proposal and Response to Comments
Based on our review of comments received on the 2017 proposed
Federal plan and statutory prohibitions on the implementation of CISWI
standards to units in the State of Alaska, the EPA is finalizing the
Federal plan as proposed with a few minor exceptions, albeit we are
finalizing the amendments as a new subpart IIIa. We are establishing
the final compliance date for existing sources, implementing the 2019
technical amendments to the CISWI EG, and modifying the applicability
of subpart DDDD to only apply to small, remote incinerators (SRIs)
located outside the State of Alaska, and modifying equation 7 at 40 CFR
62.14670(y) (now at 40 CFR 62.14640a(y)) for waste-burning kilns that
is used to calculate kiln-specific emission limit when kiln emissions
are emitted through multiple stacks.
Since proposal of amendments to subpart III, the EPA determined
that creating a new subpart will lessen confusion for affected sources
and implementing agencies. Therefore, we have created a new subpart
IIIa, which will replace subpart III once effective, which is January
10, 2025. By incorporating these amendments as a new subpart IIIa, we
hope to alleviate any confusion that could be caused by making
significant amendments to the current subpart III regulatory text. For
one, subpart III only applies to incinerators but the emission
guidelines that subpart IIIa will implement includes subcategories for
incinerators, energy recovery units, waste-burning kilns, and small
remote incinerators, with unique requirements and standards for each
subcategory. Additionally, in creating a new subpart IIIa, we can omit
transitional regulatory requirement language and make a ``clean split''
on a single date where subpart III ends effectiveness by January 10,
2025, and subpart IIIa begins effectiveness from that date onward.
Finally, to better accommodate any potential future updates to the
CISWI Federal plan, in subpart IIIa we are establishing section
numbering increments of 5 so that there is adequate numeric spacing to
revise or add new regulatory text sections if needed in the future.
As noted above, the EPA is establishing the final compliance date
to be the effective date of this final action, which is January 10,
2025. The CAA provides that owners or operators of affected CISWI must
comply no later than 5 years after the effective date of the final
CISWI EG (i.e., February 7, 2018) or within 3 years from state plan
approval (or promulgation of a Federal plan), whichever is earlier. The
final compliance date remains as proposed as there is no statutory
authority under CAA section 129 for providing compliance extensions
(i.e., allowing compliance after the compliance date). We believe that
sources have had ample notification of this final compliance date and
that they were aware of what measures they must take in order to
comply.
Based on reviews of permits for units potentially subject to this
Federal plan, the EPA has determined that sources in states and
territories that would be subject to the Federal plan have either
ceased burning waste or have made control device retrofits in the
period of time since the 2017 proposed Federal plan was published.
Furthermore, no adverse comments were received requesting additional
time for compliance beyond the proposed February 7, 2018, final
compliance date. Thus, the EPA has determined that no additional time
is necessary for sources to comply with the standards.
We are also finalizing other provisions to be consistent with the
2019 technical amendments to the CISWI EG (84 FR 15848). Although these
provisions were not included in the original proposed Federal plan, the
EPA subsequently solicited comments on these modifications to the EG in
the 2019 CISWI rulemaking. Therefore, the public had adequate
opportunity to comment on these changes and had notice that sources
subject to the Federal plan would be subject to these revised
provisions. The technical amendments provided meaningful burden
reduction by allowing regulated facilities additional time to complete
initial compliance demonstrations and adding production-based emission
limits in lieu of the concentration-based limits in the 2016 CISWI
rule. The requirement in 40 CFR 62.14535(a)(4) (now at 40 CFR
62.14535a(b)(4)) to perform the initial performance test within 90 days
of the final compliance date has been revised to be within 180 days of
the final compliance date, consistent with Sec. Sec. 62.14665(a) and
62.14820(b) (now at Sec. Sec. 62.14630a(a) and 62.14760a(b),
respectively).
The Waste Management Plan (WMP) submittal due date has been changed
from November 7, 2017, to the final compliance date, January 10, 2025,
to be consistent with the EG (40 CFR part 60, subpart DDDD). The WMP is
a component of compliance, and therefore it may be submitted together
with operating procedures, operator training, and initial compliance
testing to demonstrate initial compliance.
The EPA is finalizing revisions to 40 CFR 62.14755(b) (now at Sec.
62.14730a(b)) to clarify that results of performance testing and CEMS
performance evaluations occurring over multiple days may be submitted
together up to 60 days after all performance evaluations are completed.
The EPA is also finalizing the addition of an alternative equivalent
emission limit for Hg for the waste-burning kiln subcategory to be
consistent with the 2019 CISWI EG technical amendments (84 FR 15848).
Specifically, the EPA is adding, to the Federal plan, a 58 lb/million
(MM) ton clinker emission limit for Hg for the waste-burning kiln
subcategory as an alternative equivalent emission limit to the 0.011
mg/dscm standard.
Consistent with the 2019 rule, the EPA is also finalizing
clarifications regarding the Agency's intent to allow CEMS for
demonstrating initial compliance for any pollutant and clarification of
continuous parameter monitoring requirements when CEMS are used for
direct pollutant emissions monitoring. The EPA is also finalizing
additional minor technical amendments consistent with the 2019 rule:
Clarifications of other CEMS requirements; clarification of continuous
opacity monitoring system
[[Page 100097]]
(COMS) requirements; clarification of reduced testing requirements;
clarification of deviation reporting requirements for continuous
monitoring data; and clarification of activated carbon injection (ACI)
requirements.
The EPA is finalizing a revised definition of ``small, remote
incinerator'' to reflect new prohibitions on the implementation of
CISWI standards to units in the State of Alaska that were implemented
by Congress after the EPA proposed the Federal plan. As specified in
the Consolidated Appropriations Act of 2024, H.R. 4366, section 432,\9\
the EPA is precluded from ``expending funds to implement or enforce 40
CFR part 60 subpart DDDD [the 2011 EG currently in effect] with respect
to units in the state of Alaska that are defined as small remote
incinerator until a subsequent regulation is issued.''
---------------------------------------------------------------------------
\9\ Consolidated Appropriations Act, 2024. Public Law 118-42
(2024, March 8). https://www.congress.gov/bill/118th-congress/house-bill/4366/text.
---------------------------------------------------------------------------
In the 2000 CISWI EG (65 FR 75351), we excluded combustion units at
commercial or industrial facilities with a capacity less than 35 tons
per day that combust more than 30 percent MSW from the rule. SRI 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. The SRIs were found to qualify
for an exemption from CISWI based on their burning at least 30 percent
MSW. In the 2011 CISWI EG we removed this exemption to ensure that any
CISWI combusting any solid waste is subject to these standards.
Therefore, commercial and industrial units that were previously exempt
pursuant to this provision would be required to meet the emission
limits and operating requirements of the rule. In this final action, we
have revised the definition of ``small, remote incinerator'' consistent
with the prohibition in the appropriations rider to mean ``an
incinerator located outside the state of Alaska 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''
(emphasis added).
Finally, based on review of the initial and continuous compliance
requirements, the EPA has modified equation 7, used to calculate kiln-
specific emission limit when kiln emissions are emitted through
multiple stacks, at 40 CFR 62.14670(y) (now at 40 CFR 62.14640a(y)).
When kiln emissions are emittted through multiple stacks (e.g., 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 in table 8. At
proposal, equation 7 only reflected a single configuration of
emissions, a single alakali bypass and in-line coal mill, it did not
reflect the multiple different stack configurations currently in use.
Therefore, equation 7 has been modified to generalize the number and
type of stacks and allow all configurations of sources to correctly
calculate the kiln stack concentration limit for continuing compliance,
irrespective of the number and type of emission points.
Public comments on the proposed rulemaking and the EPA's responses
to these comments are addressed in a separate response to comment
document, available in docket EPA-HQ-OAR-2016-0664.
IV. Summary of Final CISWI Federal Plan Requirements
The CISWI Federal plan requirements are described below. Table 4 of
this preamble lists each element and identifies where it is located or
codified.
Table 4--Elements of the CISWI Federal Plan
------------------------------------------------------------------------
Element of the CISWI Federal
plan Location
------------------------------------------------------------------------
Legal authority and Sections 129(b)(3), 111(d), 301(a), and
enforcement mechanism. 301(d)(4) of the CAA.
Inventory of affected CISWI.. Docket ID No. EPA-HQ-OAR-2016-0664.
Inventory of emissions....... Docket ID No. EPA-HQ-OAR-2016-0664.
Compliance schedules......... 40 CFR 62.14535 through 62.14575 (now at
40 CFR 62.14535a through 62.14545a).
Emissions limits and 40 CFR 62.14630 through 62.14645 (now at
operating limits. 40 CFR 62.14600a through 62.14610a).
Operator training and 40 CFR 62.14595 through 62.14625 (now at
qualification. 40 CFR 62.14565a through 62.14595a).
Testing, monitoring, 40 CFR 62.14650 through 62.14760 (now at
recordkeeping and reporting. 40 CFR 62.14615a through 62.14735a).
Record of public hearings.... Docket ID No. EPA-HQ-OAR-2016-0664.
------------------------------------------------------------------------
A. What are the final applicability requirements?
The Federal plan applicability reflects the final CISWI EG. The
Federal plan applies in whole or in part to existing CISWI meeting the
applicability of 40 CFR 62.14510 (now at 40 CFR 62.14510a) that are
located in any state, with the exception of SRIs located in Alaska,
that does not currently have a fully approved state plan in place.
Existing CISWI are all CISWI, including air curtain incinerators
(ACIs), for which construction commenced on or before June 4, 2010, or
that commenced modification or reconstruction after June 4, 2010, but
no later than August 7, 2013. The Federal plan requirements apply to
owners and/or operators of existing incineration units combusting solid
waste (as defined under the Resource Conservation and Recovery Act
(RCRA) and located at commercial or industrial facilities (i.e., CISWI
(as defined in 40 CFR 62.14840 now at 40 CFR 62.14780a). Four
subcategories are defined for existing units: incinerators (i.e., units
designed to burn discarded waste materials for the purpose of
disposal); SRIs; energy recovery units (ERU) (i.e., units that would be
boilers or process heaters if they did not combust solid waste); and
waste burning kilns (i.e., units that would be cement kilns if they did
not combust solid waste). The final CISWI EG further subcategorize ERUs
into 3 subcategories and waste burning kilns into 2 subcategories.
The final CISWI EG establishes opacity limitations for ACI that
burn 100 percent wood waste; 100 percent clean lumber; or a 100 percent
mixture of only wood waste, clean lumber, and/or yard waste. If an ACI
begins burning solid waste as defined in the Non Hazardous Secondary
Materials rule (see 40 CFR part 241) in addition to, or instead of,
wood waste, clean lumber, or a mixture of wood waste, clean lumber,
and/or yard waste, it is a solid waste incineration unit that is
subject to the
[[Page 100098]]
applicable numerical emission standards contained in CISWI.
B. What are the final compliance schedules?
The Federal plan requires owners or operators of CISWI to come into
compliance by January 10, 2025. Although the final CISWI EG included
increments of progress in the compliance schedule, the EPA is not
including increments of progress as a compliance pathway for the final
Federal plan. Increments of progress were included in the EG to
establish obligations that would apply to sources planning to take more
than one year from approval of the state plan to comply. The increments
would help ensure that sources planning to take more than one year to
comply would make some incremental progress toward compliance after the
first year. The increments did not require any additional action within
one year of approval of a state plan (or promulgation of a Federal
plan). Because the increments of progress contained in the final EG do
not require any additional action within one year of promulgation of a
Federal plan, including the increments of progress in this Federal plan
would serve no meaningful purpose and may create confusion. For this
reason, the EPA did not include increments of progress in the proposed
Federal plan, and we are not including them in this final action.
If a CISWI does not achieve final compliance by January 10, 2025,
the final Federal plan requires the CISWI to shut down by January 10,
2025, complete the retrofit while not operating, and be in compliance
upon restarting. A CISWI that operates out of compliance after the
final compliance date would be in violation of the Federal plan and
subject to enforcement action.
C. What emissions and operating limits is the EPA incorporating into
the final Federal plan?
The EPA is incorporating the EG emissions and operating limits from
the final CISWI EG, 40 CFR part 60, subpart DDDD, into this final CISWI
Federal plan. Table 5 of this preamble summarizes the emissions limits
that we are finalizing in the final Federal plan. Table 5 also includes
the 2000 CISWI Federal plan emission limits (which applied only to
units in the existing incinerator subcategory) for comparison. These
standards apply at all times. Existing sources may comply with either
the Polychlorinated dibenzo-p-dioxins/Polychlorinated dibenzofurans
(PCDD/PCDF) toxicity equivalence or total mass balance emission limits.
Facilities will be required to establish site-specific operating
limits derived from the results of performance testing. The site-
specific operating limits are established as the minimum (or maximum,
as appropriate) operating parameter value measured during the
performance test. These operating limits will result in achievable
operating ranges that will ensure that the control devices used for
compliance will be operated to achieve continuous compliance with the
emissions limits. Further discussion on performance testing can be
found in section IV.D. of this preamble.
Table 5--Summary of Emissions Limits Promulgated for Existing CISWI
--------------------------------------------------------------------------------------------------------------------------------------------------------
CISWI subcategories
Incinerators --------------------------------------------------------------------------------------------------
Pollutant (units) \1\ (2,000 CISWI ERUs-- liquid/
limit) Incinerators ERUs--solids gas Waste-burning kilns SRIs
--------------------------------------------------------------------------------------------------------------------------------------------------------
HCl (parts per million by volume 62 29 0.20 (biomass units)/58 14 3.0.................... 300
(ppmv)). (coal units).
CO (ppmv)............................ 157 17 260 (biomass units)/95 35 110 (long kilns)/790 64
(coal units). (preheater/
precalciner).
Pb (mg/dscm)......................... 0.04 0.015 0.014 (biomass units)/ 0.096 0.014.................. 2.1
0.057 (coal units).
Cd (mg/dscm)......................... 0.004 0.0026 0.0014 (biomass units)/ 0.023 0.0014................. 0.95
0.0017 (coal units).
Hg (mg/dscm)......................... 0.47 0.0048 0.0022 (biomass units)/ 0.0024 0.011 \2\.............. 0.0053
0.013 (coal units).
PM, filterable (mg/dscm)............. 70 34 11 (biomass units)/130 110 13.5................... 270
(coal units).
Dioxin, furans, total (ng/dscm)...... (no limit) 4.6 0.52 (biomass units)/5.1 2.9 1.3.................... 4,400
(coal units).
Dioxins and furans, TEQ (nanograms 0.41 0.13 0.12 (biomass units)/ 0.32 0.075.................. 180
per dry standard cubic meter (ng/ 0.075 (coal units).
dscm)).
NOX (ppmv)........................... 388 53 290 (biomass units)/460 76 630.................... 190
(coal units).
SO2 (ppmv)........................... 20 11 7.3 (biomass units)/850 720 600.................... 150
(coal units).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All emission limits are expressed as concentrations corrected to 7 percent O2.
\2\ Or alternative limit of 58 lb/MM ton clinker.
D. What are the final performance testing and monitoring requirements?
The EPA is finalizing several performance testing and monitoring
provision amendments to the current 2003 CISWI Federal plan (see 68 FR
57518, October 3, 2003) that are consistent with the requirements of
the final CISWI EG. The following paragraphs list a number of testing
and monitoring requirements in the final CISWI EG that the EPA is
including in the final CISWI Federal plan.
1. Performance Testing and Monitoring
The final Federal plan requires all CISWI to demonstrate initial
and continuous compliance with the final emission limits. These
provisions require initial and annual performance tests and initial and
annual inspections of scrubbers, fabric filters (FF), and other air
pollution control devices that are used to meet the emission limits. In
addition, a Method 22 (40 CFR part 60, appendix A-7) visible emissions
test of the ash handling operations is required during the initial and
annual compliance test for all subcategories except waste-burning
kilns, which do not have ash handling systems. Furthermore, for any
CISWI that operates a FF air pollution control device, we are requiring
that a bag leak detection system be installed to monitor the device.
This Federal plan continues to require parametric monitoring of all
other add-on air pollution control devices, such as wet scrubbers, dry
scrubbers and
[[Page 100099]]
activated carbon injection. CISWI that install selective non-catalytic
reduction technology to reduce NOX emissions are required to
monitor the reagent (e.g., ammonia or urea) injection rate and
secondary chamber temperature (if applicable to the CISWI). This final
Federal plan also requires subcategory-specific monitoring requirements
in addition to the aforementioned inspection, bag leak detection, and
parametric monitoring requirements that are applicable to all CISWI.
Existing incinerators, SRIs, and ERUs are required to have annual
emissions testing for all 9 pollutants: PM, SO2, HCl,
NOX, CO, Pb, Cd, Hg, and dioxins and furans. Waste-burning
kilns are required to monitor Hg and HCl (if no scrubber) emissions
using a continuous emissions monitoring system, monitor PM emissions
using a PM continuous parameter monitoring system (PM CPMS), and
perform annual testing for the remaining pollutants.
The final Federal plan provides reduced annual testing requirements
for all 9 pollutants when testing results are shown to be well below
the limits. If an ERU has a design capacity greater than 250 Million
British Thermal units per hour, we are requiring a PM CPMS for PM
monitoring for these units. For the PM CPMS, the EPA is further
requiring that a site-specific parametric operating limit be
established during the performance test, that there be continuous
monitoring of that parametric limit using a PM CPMS, and that 4
deviations within a 12-month operating period constitutes a violation
and triggers immediate corrective action and a Method 5 performance
test within 30 days with an additional 15 days to reestablish a site-
specific operating limit. Consistent with the final CISWI EG, all
operating parameter averaging for ERU units must be on a 30-day rolling
average and allow the sorbent injection parameter to be adjusted based
on the ERU's load. These testing and monitoring provisions reflect
those in the final CISWI EG.
The final Federal plan incorporates by reference two alternatives
to the EPA reference test methods, and one EPA guidance document, as
shown in table 6 below.
Table 6--List of Incorporation by Reference (IBR)
------------------------------------------------------------------------
IBR in 40 CFR
Test method Publisher part 62, subpart
IIIa
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue Available for purchase Sec.
and Exhaust Gas Analyses from the American 62.14640a(s)(1)
[Part 10, Instruments and Society of Mechanical (i) and (ii),
Apparatus], Issued August 31, Engineers (ASME), Two (t)(1)(ii),
1981. Park Avenue, New (t)(4)(i), and
York, NY 10016-5990, (z)(1)(i) and
(800) 843-2763, tables 4, 5, 6,
https://www.asme.org/. and 7 to
subpart IIIa of
part 62.
ASTM D6784-24 Standard Test Available for purchase Sec.
Method for Elemental, from at least one of 62.14665a(j)
Oxidized, Particle-Bound and the following and tables 4,
Total Mercury in Flue Gas addresses: American 5, and 7 to
Generated from Coal-Fired Society for Testing subpart IIIa of
Stationary Sources (Ontario and Materials (ASTM), part 62.
Hydro Method), approved March 100 Barr Harbor
1, 2024. Drive, Post Office
Box C700, West
Conshohocken, PA
19428-2959; or
ProQuest, 300 North
Zeeb Road, Ann Arbor,
MI 48106, (877) 909-
2786, https://www.astm.org/.
Fabric Filter Bag Leak Available from the Sec.
Detection Guidance, EPA-454/R- U.S. Environmental 62.14640a(r)(3)
98-015, September 1997. Protection Agency, and (z)(2)(i).
1200 Pennsylvania
Avenue NW,
Washington, DC 20460,
(202) 272-0167,
https://www.epa.gov
or https://www3.epa.gov/ttnemc01/cem/tribo.pdf.
------------------------------------------------------------------------
These tests are discussed further in section VIII.I. of this
preamble, titled ``National Technology Transfer and Advancement Act
(NTTAA) and 1 CFR part 51.''
2. Electronic Data Submittal
To increase the ease and efficiency of data submittal and data
accessibility, the final Federal plan requires that owners and
operators of CISWI submit electronic copies of required performance
test, performance evaluation, initial, annual, and deviation reports
through the EPA's Central Data Exchange (CDX) using the Compliance and
Emissions Data Reporting Interface (CEDRI). This mirrors the final
CISWI EG for CISWI. A description of the electronic data submission
process is provided in the memorandum Electronic Reporting Requirements
for New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP) Rules, available in the
docket for this action. The final rule requires that performance test
and performance evaluation results be submitted in the format generated
through the use of the ERT or an electronic file consistent with the
xml schema on the ERT website for initial, deviation, and annual
reports, the final rule requires that owners and operators use the
appropriate spreadsheet template to submit information to CEDRI. The
final version of the templates for these reports will be located on the
CEDRI website.\10\
---------------------------------------------------------------------------
\10\ https://www.epa.gov/electronic-reporting-air-emissions/cedri.
---------------------------------------------------------------------------
Furthermore, the EPA is finalizing provisions that allow owners and
operators the ability to seek extensions for submitting electronic
reports for circumstances beyond the control of the facility, i.e., for
a possible outage in CDX or CEDRI or for a force majeure event, in the
time just prior to a report's due date, as well as the process to
assert such a claim. Examples of force majeure events are acts of
nature, acts of war or terrorism, or equipment failure or safety
hazards beyond the control of the facility. The EPA is providing these
potential extensions to protect owners and operators from noncompliance
in cases where they cannot successfully submit a report by the
reporting deadline for reasons outside of their control. In both
circumstances, the decision to accept the claim of needing additional
time to report is within the discretion of the Administrator, and
reporting should occur as soon as possible. This also mirrors the final
CISWI EG for CISWI.
E. What are the final recordkeeping and reporting requirements?
The EPA is finalizing requirements that reflect those promulgated
in the final CISWI EG. The Federal plan requires that records of all
initial and all subsequent performance tests, CEMS performance
evaluations, deviation reports, operating parameter data, continuous
monitoring data, maintenance and inspections of air
[[Page 100100]]
pollution control devices, monitoring plan, and operator training and
qualification must be maintained for 5 years. Any incident of
deviation, resumed operation following shutdown, force majeure, intent
to stop or start use of Continuous Monitoring Systems (CMS), and intent
of conducting or rescheduling a performance test are required to be
reported to the Administrator. Furthermore, final compliance reports
are required following the completion of each requirement and
identifying any missed requirement. See section IV.B. of this preamble
for a more detailed discussion of the compliance schedules.
F. What are the other final requirements?
We are finalizing requirements for the Federal plan to make it
consistent with the final CISWI EG, including technical amendments
promulgated on April 16, 2019. For example, the final CISWI Federal
plan includes the requirement for owners or operators of existing CISWI
to meet operator training and qualification requirements, which
include: ensuring that at least one operator or supervisor per facility
complete the operator training course, that qualified operator(s) or
supervisor(s) complete an annual review or refresher course specified
in the regulation, and that they maintain plant-specific information,
updated annually, regarding training.
Owners or operators of existing CISWI are also required to submit a
monitoring plan for any CMS or bag leak detection system used to comply
with the rule.
V. CISWI That Have or Will Shut Down
A. Units That Plan To Close
The final Federal plan establishes that if owners or operators plan
to permanently close currently operating CISWI, they must do so and
submit a closure notification to the Administrator by January 10, 2025.
The final requirements for closing a CISWI are set forth at 40 CFR
62.14570 (subpart III) (now at 40 CFR 62.14540 (subpart IIIa)).
Conversely, the CISWI requirements do apply to a ``mothballed unit'' or
inactive unit, where a unit does not operate, but it is not rendered
inoperable. Until such time as a unit is permanently closed, it must
comply with any applicable requirements of the Federal plan. In
addition, while still in operation, the CISWI is subject to the same
requirements for title V operating permits that apply to units that
will continue to operate.
B. Inoperable Units
The Federal plan provides that in cases where a CISWI has already
shut down permanently and has been rendered inoperable (e.g., waste
charge door is welded shut, stack is removed, combustion air blowers
removed, burners or fuel supply equipment are removed), the CISWI may
be left off the source inventory in a state plan or this final Federal
plan. A CISWI that has been rendered inoperable would not be covered by
the Federal plan.
C. CISWI That Have Shut Down
The unit inventory for this Federal plan includes any CISWI known
to have already shut down (but not known to be inoperable).
1. Restarting Before the Final Compliance Date
If the owner or operator of an inactive CISWI plans to restart
before the final compliance date, the owner or operator must achieve
final compliance by January 10, 2025.
2. Restarting After the Final Compliance Date
Under the final Federal plan, if the owner or operator of a CISWI
closes the CISWI, but restarts the unit after the final compliance date
of January 10, 2025, the owner or operator must complete emission
control retrofits and meet the emissions and operating limits on the
date the CISWI restarts operation. Within 6 months of the unit startup,
operator(s) of these CISWI would have to complete the operator training
and qualification requirements. Within 60 days of installing an air
pollution control device, operator(s) must conduct a unit inspection.
Performance testing to demonstrate initial compliance would also be
required as described at 40 CFR 62.14650 (now at 40 CFR 62.14615a). A
CISWI may not use the provisions to close the CISWI and restart after
the compliance date to gain an effective ``extension'' of the operator
training and qualification requirements or initial compliance
requirements. A CISWI that operates out of compliance after the final
compliance date will be in violation of the Federal plan and subject to
enforcement action.
VI. Implementation of the Federal Plan and Delegation
A. Background of Authority
Under sections 111(d) and 129(b) of the CAA, the EPA is required to
adopt EG that are applicable to existing solid waste incineration
units. These EG are implemented when the EPA approves a state plan or
adopts a Federal plan that implements and enforces the EG. As discussed
above, the Federal plan regulates CISWI in states that do not have
fully approved plans in effect to implement the EG.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with state and local agencies.
(See section 101(a)(3) of the CAA.) Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved. Also, in section 111(d) of the
CAA, Congress explicitly required that the EPA establish procedures
that are similar to those under CAA section 110(c) for state
implementation plans. Although Congress required the EPA to propose and
promulgate a Federal plan for states that fail to submit approvable
state plans on time, states may submit plans at any time that may
replace the CISWI Federal plan. The EPA strongly encourages states that
are unable to submit approvable plans to request delegation of the
Federal plan so that they can have primary responsibility for
implementing the final CISWI EG, consistent with the intent of
Congress.
The preferred outcome under the statute and the regulations results
when the state, tribal, and local agencies implement the EPA approved
state (or tribal) plan because state, tribal, and local agencies not
only have the responsibility to implement the final CISWI EG, but also
have the practical knowledge and enforcement resources critical to
achieving the highest rate of compliance. In cases where states are
unable to develop and submit approvable state plans, it is still
preferable for the state and local agencies to be the implementing
agency. For these reasons, the EPA will do all that it can to expedite
delegation of the Federal plan to state, tribal, and local agencies,
whenever possible, in cases where states are unable to develop and
submit approvable state plans. The EPA will also continue to review and
act on state plans after promulgation of the CISWI Federal plan.
B. Mechanisms for Transferring Authority
There are 2 mechanisms for transferring implementation authority to
state, tribal, and local agencies: (1) The EPA approval of a state plan
after the Federal plan is in effect; and (2) if a state does not submit
or obtain approval of its own plan, the EPA delegation to a state,
tribe, or local agency with the authority
[[Page 100101]]
to implement certain portions of this Federal plan to the extent
appropriate and if allowed by state law. Both of these options are
described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
After a CISWI in a state without an approved state plan becomes
subject to the Federal plan, the state or tribal agency may still adopt
and submit a state or tribal plan to the EPA. If the EPA determines
that the state or tribal plan is as protective as the final CISWI EG,
the EPA will approve the state or tribal plan. If the EPA determines
that the plan is not as protective as the final CISWI EG, the EPA may
approve the portions of the plan that are consistent with the final
CISWI EG. If a state or tribal plan is approved in part, the Federal
plan will apply to the affected CISWI in lieu of the disapproved
portions of the state plan until the state or tribe addresses the
deficiencies in the state plan and the revised state plan is approved
by the EPA. Prior to any disapproval, the EPA will work with states and
tribes to attempt to reconcile areas of the plan that remain
inconsistent with the EG.
Upon the effective date of a state or tribal plan, the Federal plan
would no longer apply to CISWI covered by such a plan and the state,
tribe, territory, or local agency would implement and enforce the state
plan in lieu of the Federal plan. When an EPA regional office approves
a state or tribal plan, it will amend the appropriate subpart of 40 CFR
part 62 to indicate such approval.
2. State, Tribe, Territory, or Local Agency Taking Delegation of the
Federal Plan
The EPA, in its discretion, may delegate to state, tribe,
territorial, or local agencies the authority to implement this Federal
plan. As discussed above, the EPA has concluded that it is advantageous
and the best use of resources for states, tribes, territories, or local
agencies to agree to undertake, on the EPA's behalf, administrative and
substantive roles in implementing the Federal plan to the extent
appropriate and where authorized by Federal, state, tribal,
territorial, or local law. If a state, tribe, territory, or local
agency requests delegation, the EPA will generally delegate the entire
Federal plan to the state, tribe, territory, or local agency. These
functions include administration and oversight of compliance, and
reporting and recordkeeping requirements, CISWI inspections and
preparation of draft notices of violation, but will not include any
authorities retained by the EPA. Agencies that have taken delegation,
as well as the EPA, will have responsibility for bringing enforcement
actions against sources violating Federal plan provisions.
C. Implementing Authority
The EPA Regional Administrators have been delegated the authority
for implementing the CISWI Federal plan. All reports required by the
Federal plan should be submitted to the appropriate Regional
Administrator. Section II.C. of this preamble includes table 3 that
lists names and addresses of the EPA regional office contacts and the
states they cover.
D. Delegation of the Federal Plan and Retained Authorities
If a state, tribe, territory, or local agency intends to take
delegation of the Federal plan, the state, tribe, territory, or local
agency should submit to the appropriate EPA regional office a written
request for delegation of authority. The state, tribe, territory, or
local agency should explain how it meets the criteria for delegation.
See generally ``Good Practices Manual for Delegation of NSPS and
NESHAP'' (U.S. EPA, February 1983).\11\ The letter requesting
delegation of authority to implement the Federal plan should: (1)
demonstrate that the state, tribe, territory, or local agency has
adequate resources, as well as the legal authority to administer and
enforce the program, (2) include an inventory of affected CISWI, which
includes those that have ceased operation, but have not been dismantled
or rendered inoperable, and an inventory of the affected units' air
emissions and a provision for state progress reports to the EPA, (3)
certify that a public hearing was held on the state, tribe, territory,
or local agency delegation request, and (4) include a memorandum of
agreement between the state, tribe, territory, or local agency and the
EPA that sets forth the terms and conditions of the delegation, the
effective date of the agreement and the mechanism to transfer
authority. Upon signature of the agreement, the appropriate EPA
Regional office would publish an approval document in the Federal
Register, thereby incorporating the delegation of authority into the
appropriate subpart of 40 CFR part 62.
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\11\ ``Good Practices Manual for Delegation of NSPS and
NESHAPS.'' U.S. EPA, Office of Air Quality Planning and Standards
(February 1983). https://www.epa.gov/sites/default/files/2015-05/documents/epa_good_pract_man_ch1-5.pdf.
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If authority is not delegated to a state, tribe, territory, or
local agency, the EPA will implement the Federal plan. Also, if a
state, tribe, territory, or local agency fails to properly implement a
delegated portion of the Federal plan, the EPA will assume direct
implementation and enforcement of that portion. The EPA will continue
to hold enforcement authority along with the state, tribe, territory,
or local agency even when the agency has received delegation of the
Federal plan. In all cases where the Federal plan is delegated, the EPA
will retain and will not transfer authority to a state, tribe, or local
agency to approve the items in 40 CFR 62.14838 (now at 40 CFR 62.14775)
promulgated in the final CISWI EG. CISWI owners or operators who wish
to petition the Agency for any alternative requirement should submit a
request to the Regional Administrator with a copy sent to the
appropriate state.
VII. Title V Operating Permits
All existing CISWI located at commercial or industrial facilities
and regulated under state, tribal, or Federal plans implementing the
final CISWI EG must operate in a manner consistent with a title V
operating permit that assures compliance with all federally applicable
requirements for any regulated CISWI, including all applicable CAA
section 129 requirements.\12\
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\12\ 40 CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1).
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The permit application deadline for a CAA section 129 source
applying for a title V operating permit depends on when the source
first becomes subject to the relevant title V permit program. Because
existing major sources are subject to title V,\13\ major source
facilities that contain existing CISWI should already have a title V
permit. In such cases, the source must comply with the title V permit
revision provisions of the relevant state title V program instead of
applying for a title V permit. In contrast, the application deadline
would apply to CISWI at facilities that are not subject to the title V
permit program for other reasons. Such sources with an existing CISWI
or air curtain incinerator subject to this Federal plan must submit a
complete title V permit application by the earliest of the following
dates:
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\13\ CAA section 503(c) and 40 CFR 70.3(a) and (b),
70.5(a)(1)(i), 71.3(a) and (b), and 71.5(a)(1)(i).
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Twelve (12) months after the effective date of any
applicable EPA-approved CAA sections 111(d)/129 plan (i.e., approved
state or tribal plan that implements the final CISWI EG); or
Twelve (12) months after the effective date of any
applicable Federal plan; or
[[Page 100102]]
Thirty-six (36) months after promulgation of 40 CFR part
60, subpart DDDD (i.e., February 7, 2016).
For any existing CISWI not subject to an earlier permit application
deadline, the application deadline of February 7, 2016, which is in the
past, applies regardless of whether or when any applicable Federal plan
is effective, or whether or when any applicable CAA sections 111(d)/129
plan is approved by the EPA and becomes effective. (See CAA sections
129(e), 503(c), 503(d), 502(a), and 40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i).)
For more background information on the interface between CAA
section 129 and title V, including the EPA's interpretation of CAA
section 129(e), see the final Federal plan for Commercial and
Industrial Solid Waste Incinerators, October 3, 2003 (68 FR 57518,
57532). See also the final Federal plan for Hospital Medical Infectious
Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).
Title V and Delegation of a Federal Plan
As noted previously, issuance of a title V permit is not itself
equivalent to the approval of a state or tribal plan or delegation of a
Federal plan.\14\ Legally, delegation of a standard or requirement
results in a delegated state, local, or tribal agency standing in for
the EPA as a matter of Federal law. This means that obligations a
source may have to the EPA under a federally promulgated standard
become obligations to a state, tribal, or local agency (except for
functions that the EPA retains for itself) upon delegation.\15\
Although a state, local, or tribal agency must have the authority under
state, local, or tribal law to incorporate CAA section 111/129
requirements into its title V permits, and implement and enforce these
requirements in these permits without first taking delegation of the
CAA section 111/129 Federal plan, the state, local, or tribal agency is
not standing in for the EPA as a matter of Federal law in this
situation. Where a state, local, or tribal agency does not take
delegation of a section 111/129 Federal plan, obligations that a source
has to the EPA under the Federal plan continue after a title V permit
is issued to the source. As a result, the EPA maintains that an
approved 40 CFR part 70 operating permits program alone cannot be used
as a mechanism to transfer the authority to implement and enforce the
Federal plan from the EPA to a state, local, or tribal agency.
---------------------------------------------------------------------------
\14\ See, e.g., the ``Title V and Delegation of a Federal Plan''
section of the proposed Federal plan for CISWI, November 25, 2002
(67 FR 70640, 70652). The preamble language from this section in the
proposed Federal plan for CISWI was reaffirmed in the final Federal
plan for CISWI, October 3, 2003 (68 FR 57518, 57535).
\15\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g., major
alternatives to test alternative methods.
---------------------------------------------------------------------------
As mentioned above, a state, local, or tribal agency title V
program necessarily includes the authority to incorporate CAA section
111/129 requirements into its title V permits, and implement and
enforce these requirements in that context without first taking
delegation of the CAA section 111/129 Federal plan.\16\ Some states,
local governments, or tribes, however, may not be able to implement and
enforce a CAA section 111/129 standard in a title V permit under state,
local, or tribal law until the CAA section 111/129 standard has been
delegated. In these situations, a state, local, or tribal agency should
not issue a 40 CFR part 70 permit to a source subject to a Federal plan
before taking delegation of the section 111/129 Federal plan.
---------------------------------------------------------------------------
\16\ The EPA interprets the phrase ``assure compliance'' in CAA
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation, or
requirement which must be included in the title V permits that the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
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However, if a state or tribe can provide an Attorney General's (AG)
opinion delineating its authority to incorporate CAA section 111/129
requirements into its title V permits, and then implement and enforce
these requirements through its title V permits without first taking
delegation of the requirements, then a state, local, or tribal agency
does not need to take delegation of the CAA section 111/129
requirements for purposes of title V permitting.\17\ In practical
terms, without approval of a state or tribal plan, delegation of a
Federal plan, or an adequate AG's opinion, states, local governments,
and tribes with approved 40 CFR part 70 permitting programs open
themselves up to potential questions regarding their authority to issue
permits containing CAA section 111/129 requirements and to assure
compliance with these requirements. Such questions could lead to the
issuance of a notice of deficiency for a state's or tribe's 40 CFR part
70 program. As a result, prior to a state, local, or tribal permitting
authority drafting a part 70 permit for a source subject to a CAA
section 111/129 Federal plan, the state, local government, or tribe,
the EPA regional office and the source in question are advised to
ensure that delegation of the relevant Federal plan has taken place or
that the permitting authority has provided an adequate AG's opinion to
the EPA Regional office.
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\17\ It is important to note that an AG's opinion submitted at
the time of initial title V program approval is sufficient if it
demonstrates that a state or tribe has adequate authority to
incorporate CAA section 111/129 requirements into its title V
permits and to implement and enforce these requirements through its
title V permits without delegation and no subsequent state law or
regulation has in some way limited that authority.
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In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a Federal plan, a CAA section 111/
129 source subject to the Federal plan in that state must
simultaneously submit to both the EPA and the state, local government,
or tribe all reports required by the standard to be submitted to the
EPA. Given that these reports are necessary to implement and enforce
the CAA section 111/129 requirements when they have been included in
title V permits, the permitting authority needs to receive these
reports at the same time as the EPA.
In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a Federal plan, the EPA
regional offices will be responsible for implementing and enforcing CAA
section 111/129 requirements outside of any title V permits. Moreover,
in this situation, the EPA regional offices will continue to be
responsible for developing progress reports and conducting any other
administrative functions required under this Federal plan or any other
CAA section 111/129 Federal plan. See section IV.B of this preamble,
titled ``What are the final compliance schedules?''
It is important to note that the EPA is not using its authority
under 40 CFR 70.4(i)(3) to request that all states, local governments,
and tribes that do not take delegation of this Federal plan submit
supplemental AG's opinions at this time. However, the EPA regional
offices shall request, and permitting authorities shall provide, such
opinions when the EPA questions a state's or tribe's authority to
incorporate CAA section 111/129 requirements into a title V permit and
implement and enforce these requirements in that context without
delegation.
VIII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
[[Page 100103]]
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined under
section 3(f)(1) of Executive Order 12866, as amended by Executive Order
14094, and was therefore not subject to a requirement for Executive
Order 12866 review.
B. Paperwork Reduction Act (PRA)
The information collection activities in this rule will be
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR number 2385.09. You can find
a copy of the ICR in the docket for this rule, and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
This action finalizes the CISWI Federal plan to implement the EG
adopted on February 7, 2013,\18\ for those states that do not have a
fully approved state plan implementing the EG. While there were
amendments to the 2013 rule on June 23, 2016, and April 16, 2019,
neither of those final actions imposed any new information collection
burden under the PRA (see 81 FR 40969 and 84 FR 15852, respectively).
OMB has previously approved the information collection activities
contained in the existing regulation and has assigned OMB Control
number 2060-0664 for 40 CFR part 60, subpart DDDD. While this action is
believed to result in no changes to the information collection
requirements of the 2013 CISWI rule, it does implement the CISWI
standards to a subset of existing units that will be regulated by
implementing this final action. Therefore, in addition to the total
burden, the EPA is presenting an estimate of the subset of the CISWI
respondent universe and burden that will be subject to the CISWI
Federal plan instead of being regulated under an approved state plan
for the CISWI EG. These estimates are provided below.
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\18\ See 78 FR 9112, February 7, 2013.
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Respondents/affected entities: Owners and operators of existing
CISWI.
Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart DDDD, and 40 CFR part 62, subpart III, now at 40 CFR part 62,
subpart IIIa).
Estimated number of respondents: The annual number of responding
facilities complying with the requirements of the CISWI EG is 76. Of
the total, 40 are subject to this final rule's implementation of the
CISWI EG per 40 CFR part 62, subpart III, now at 40 CFR part 62,
subpart IIIa.
Frequency of response: Initially, annually, and semiannually.
Total estimated burden: The annual recordkeeping and reporting
burden for responding facilities to comply with all of the requirements
in the CISWI EG, averaged over the 3 years of this ICR, is estimated to
be 8,660 hours. Of these, 4,420 hours (per year) is the portion of the
burden to comply with this final rule's portion of implementing the
CISWI EG. Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: The annual recordkeeping and reporting cost
for responding facilities to comply with all of the requirements in the
CISWI EG, averaged over the 3 years of this ICR, is estimated to be
$13,300,000 (per year), including $12,300,000 annualized capital or
operation and maintenance costs. Of the CISWI total, $3,700,000 (per
year) is the portion of the cost to comply with this final rule's
portion of implementing the CISWI EG, including $3,200,000 in
annualized capital or operation and maintenance costs.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce the approval in the Federal
Register and publish a technical amendment to 40 CFR part 9 to display
the OMB control number for the approved information collection
activities contained in this final rule.
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 EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities. The agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule implements the EG for owners of existing CISWI that
were established by the February 7, 2013, final rule (78 FR 9112), and
that rule was certified as not having a significant economic impact on
a substantial number of small entities. This action establishes a
Federal plan to implement and enforce those requirements in those
states that do not have their own EPA-approved state plan for
implementing and enforcing the requirements. We have, therefore,
concluded that this action will have no net regulatory burden for all
directly regulated small entities beyond those considered for the CISWI
EG.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty 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 owned or
operated by Indian tribal governments at the time of the publication of
this document. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order.
Therefore, this action is not subject to Executive Order 13045
because it implements a previously promulgated emission guidelines.
Furthermore, the EPA's Policy on Children's Health does not apply
to this action because it implements a technology-based standard and
does not concern an environmental health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Orders 12866.
[[Page 100104]]
I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves technical standards. Please reference table 6
of this preamble for the locations where these standards are available.
The EPA has decided to use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust
Gas Analyses,'' for its manual methods of measuring the oxygen or
carbon dioxide content of the exhaust gas. These parts of ASME PTC
19.10-1981 are acceptable alternatives to EPA Methods 6 and 7 for the
manual procedures only. The manual method segment of the oxygen
determination is performed through the absorption of oxygen. This
method is available at the American National Standards Institute
(ANSI), 1899 L Street NW, 11th Floor, Washington, DC 20036 and the
American Society of Mechanical Engineers (ASME), Two Park Avenue, New
York, NY 10016-5990. See https://www.ansi.org and https://www.asme.org.
The standard is available to everyone at a cost determined by ANSI/ASME
($80). ANSI/ASME also offer memberships or subscriptions for reduced
costs. The cost of obtaining this method is not a significant financial
burden, making the method reasonably available.
Another voluntary consensus standard (VCS), ASTM D6784-24,
``Standard Test Method for Elemental, Oxidized, Particle-Bound and
Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario
Hydro Method)'', for its manual method of measuring mercury is an
acceptable alternative to Method 29 and 30B. Initially developed for
the measurement of mercury in coal-fired power plants, this method has
been used on other combustion sources such as the waste incinerators
subject to this rule. This method is available for purchase from at
least one of the following addresses: American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann
Arbor, MI 48106, (877) 909-2786, https://www.astm.org/. The standard is
available to everyone at a cost determined by ASTM ($90). The cost of
obtaining this method is not a significant financial burden, making the
method reasonably available.
The EPA further determined to use Office of Air Quality Planning
and Standards (OAQPS) Fabric Filter Bag Leak Detection Guidance, EPA-
454/R-98-015, September 1997, for its guidance on the use of
triboelectric monitors as bag leak detectors for a fabric filter air
pollution control device and monitoring system decriptions, selection,
installation, set up, adjustment, operation, and quality assurance
procedures. This standard is available from the U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460,
(202) 272-0167, https://www.epa.gov or https://www3.epa.gov/ttnemc01/cem/tribo.pdf. The EPA determined that this standard is reasonably
available because it is freely available from the EPA. Lastly, the EPA
decided to use EPA Methods 5, 6, 6C, 7, 7E, 9, 10, 10A, 10B, 22, 23,
26A, 29, and 30B. No VCS were found for EPA Methods 9 and 22.
While the EPA has identified 23 VCS as being potentially applicable
to the rule, we have decided not to use these VCS in this rulemaking.
The use of these VCS would be impractical because they do not meet the
objectives of the standards cited in this rule. See the docket for the
final CISWI EG (Docket ID No. EPA-HQ-OAR-2003-0119), which are being
implemented under this action, for further information.
Under 40 CFR 62.14838 (now at 40 CFR 62.14775a), the EPA
Administrator retains the authority of approving alternate methods of
demonstrating compliance as established under 40 CFR 60.8(b) and
60.13(i) (subpart A (NSPS General Provisions)). A source may apply to
the EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any required EPA test methods,
performance specifications, or procedures.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on communities
with environmental justice concerns. This action implements the final
CISWI EG, which was published in 2013. At that time, no analysis was
performed on the inventory of units and proximity to communities with
existing environmental justice concerns.
The EPA believes that this action is not likely to result in new
disproportionate and adverse effects on communities with environmental
justice concerns.
The information supporting this Executive order review is contained
in this preamble section, as well as the final CISWI EG discussion for
Executive Order 12898 (78 FR 9178, February 7, 2013). This Federal plan
implements the final CISWI EG for states that do not have a fully
approved state plan implementing the final CISWI EG. As discussed in
the preamble to the 2013 CISWI rule, the final CISWI EG will not have
disproportionately high and adverse human health or environmental
effects on communities with EJ concerns because it increases the level
of environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any communities with EJ concerns.
The amendments finalized in 2013 (made to the 2011 CISWI final
rule), as well as subsequent amendments made in 2016 and 2019, do not
relax the control measures on sources regulated by the CISWI rule, and,
therefore, will not cause emissions increases from these sources. The
February 2013 final CISWI rule will reduce emissions of all the listed
hazardous air pollutants (HAP) emitted from this source when
implemented either through an approved state plan or this final Federal
plan. This includes emissions of Cd, HCl, Pb, and Hg. Other emissions
reductions include reductions of criteria pollutants such as CO,
NOX, PM (including particulate matter 2.5 microns or less),
SO2, and NOX. SO2 and NOX
are precursors for the formation of particulate matter (diameter less
than or equal to 2.5 micrometers (PM2.5)) and NOX
is a precursor for ozone. Reducing these emissions will decrease the
amount of such pollutants to which all affected populations are
exposed.
K. Congressional Review Act (CRA)
This action is subject to the CRA and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
62 of the Code of Federal Regulations is amended as follows:
[[Page 100105]]
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart III--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction On or Before November 30, 1999
0
2. Amend Sec. 62.14510 by adding paragraph (d) to read as follows:
Sec. 62.14510 Am I subject to this subpart?
* * * * *
(d) On and after January 10, 2025, CISWI will no longer be subject
to the requirements of this subpart and instead will be subject to the
requirements of subpart IIIa of this part.
0
3. Add subpart IIIa, consisting of Sec. Sec. 62.14500a through
62.14780a, to read as follows:
Subpart IIIa--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction On or Before June 4, 2010, and Have Not Been Modified
or Reconstructed Since August 7, 2013
Sec.
Introduction
62.14500a What is the purpose of this subpart?
62.14505a What are the principal components of this subpart?
Applicability
62.14510a Am I subject to this subpart?
62.14515a Can my CISWI be covered by both a state plan and this
subpart?
62.14520a How do I determine if my CISWI is covered by an approved
and effective state or tribal plan?
62.14525a If my CISWI is not listed in the Federal plan inventory,
am I exempt from this subpart?
62.14530a Can my combustion unit be exempt from this subpart?
Compliance Schedule
62.14535a When must I comply with this subpart if I plan to continue
operation of my CISWI?
62.14540a What must I do if I plan to permanently close my CISWI?
62.14545a What must I do if I close my CISWI and then restart it?
Waste Management Plan
62.14550a What is a waste management plan?
62.14555a When must I submit my waste management plan?
62.14560a What should I include in my waste management plan?
Operator Training and Qualification
62.14565a What are the operator training and qualification
requirements?
62.14570a When must the operator training course be completed?
62.14575a How do I obtain my operator qualification?
62.14580a How do I maintain my operator qualification?
62.14585a How do I renew my lapsed operator qualification?
62.14590a What site-specific documentation is required?
62.14595a What if all the qualified operators are temporarily not
accessible?
Emission Limitations and Operating Limits
62.14600a What emission limitations must I meet and by when?
62.14605a What operating limits must I meet and by when?
62.14610a 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
62.14615a How do I conduct the initial and annual performance test?
62.14620a How are the performance test data used?
Initial Compliance Requirements
62.14625a How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
62.14630a By what date must I conduct the initial performance test?
62.14635a By what date must I conduct the initial air pollution
control device inspection?
Continuous Compliance Requirements
62.14640a How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
62.14645a By what date must I conduct the annual performance test?
62.14650a By what date must I conduct the annual air pollution
control device inspection?
62.14655a May I conduct performance testing less often?
62.14660a May I conduct a repeat performance test to establish new
operating limits?
Monitoring
62.14665a What monitoring equipment must I install and what
parameters must I monitor?
62.14670a Is there a minimum amount of monitoring data I must
obtain?
Recordkeeping and Reporting
62.14675a What records must I keep?
62.14680a Where and in what format must I keep my records?
62.14685a What reports must I submit?
62.14690a When must I submit my waste management plan?
62.14695a What information must I submit following my initial
performance test?
62.14700a When must I submit my annual report?
62.14705a What information must I include in my annual report?
62.14710a What else must I report if I have a deviation from the
operating limits or the emission limitations?
62.14715a What must I include in the deviation report?
62.14720a What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
62.14725a Are there any other notifications or reports that I must
submit?
62.14730a In what form can I submit my reports?
62.14735a Can reporting dates be changed?
Air Curtain Incinerators (ACIs)
62.14740a What is an air curtain incinerator?
62.14745a What must I do if I close my air curtain incinerator and
then restart it?
62.14750a What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
62.14755a What are the emission limitations for air curtain
incinerators?
62.14760a How must I monitor opacity for air curtain incinerators?
62.14765a What are the recordkeeping and reporting requirements for
air curtain incinerators?
Title V Requirements
62.14770a Am I required to apply for and obtain a title V operating
permit for my unit?
Delegation of Authority
62.14775a What authorities are withheld by the EPA Administrator?
Definitions
62.14780a What definitions must I know?
Table 1 to Subpart IIIa of Part 62--Operating Limits for Wet
Scrubbers
Table 2 to Subpart IIIa of Part 62--Toxic Equivalency Factors
Table 3 to Subpart IIIa of Part 62--Summary of Reporting
Requirements
Table 4 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Incinerators On and After January 10, 2025
Table 5 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Energy Recovery Units After January 10, 2025
Table 6 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Waste-Burning Kilns After January 10, 2025
Table 7 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Small, Remote Incinerators After January 10, 2025
Introduction
Sec. 62.14500a What is the purpose of this subpart?
(a) This subpart establishes emission requirements and compliance
schedules for the control of emissions from commercial and industrial
solid waste incineration units (CISWI) that are not
[[Page 100106]]
covered, or are only partially covered, by an EPA approved and
currently effective state or tribal plan. The pollutants addressed by
the emission requirements in this subpart are listed in tables 4
through 7 to this subpart. The emission requirements in this subpart
were developed in accordance with sections 111 and 129 of the Clean Air
Act and 40 CFR part 60, subpart B.
(b) In this subpart, ``you'' means the owner or operator of a
CISWI.
Sec. 62.14505a What are the principal components of this subpart?
This subpart contains the ten major components listed in paragraphs
(a) through (j) of this section.
(a) Waste management plan.
(b) Operator training and qualification.
(c) Emission limitations and operating limits.
(d) Performance testing.
(e) Initial compliance requirements.
(f) Continuous compliance requirements.
(g) Monitoring.
(h) Recordkeeping and reporting.
(i) Definitions.
(j) Tables.
Applicability
Sec. 62.14510a Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a CISWI
as defined in Sec. 62.14780a or an air curtain incinerator as defined
in Sec. 62.14780a and the CISWI or air curtain incinerator meets the
criteria described in paragraphs (a)(1) through (3) of this section.
(1) Construction of your CISWI or air curtain incinerator commenced
on or before June 4, 2010, and have not been modified or reconstructed
since August 7, 2013.
(2) Your CISWI is not exempt under Sec. 62.14530a.
(3) Your CISWI is not regulated by an EPA approved and currently
effective state or tribal plan, or your CISWI is located in any state
whose approved state or tribal plan is only approved in part. In the
case of a state or tribal program that is approved in part, the Federal
plan applies to affected CISWI in lieu of the disapproved portions of
the state or tribal program until the state or tribe plan addresses the
deficiencies and the revised plan is approved by the EPA.
(b) If changes to the CISWI are made after August 7, 2013, that
meet the definition of modification or reconstruction in this subpart,
your CISWI is subject to 40 CFR part 60, subpart CCCC, and this subpart
no longer applies to that unit.
(c) If you make physical or operational changes to your existing
CISWI primarily to comply with this subpart, then such changes do not
qualify as modifications or reconstructions under 40 CFR part 60,
subpart CCCC.
Sec. 62.14515a Can my CISWI be covered by both a state plan and this
subpart?
(a) If your CISWI is located in a state that does not have an EPA-
approved state plan or your state's plan has not become effective, this
subpart applies to your CISWI until the EPA approves a state plan that
covers your CISWI and that state plan becomes effective. However, a
state may enforce the requirements of a state regulation while your
CISWI is still subject to this subpart.
(b) After the EPA fully approves a state plan covering your CISWI,
and after that state plan becomes effective, you will no longer be
subject to this subpart and will only be subject to the approved and
effective state plan. If the state or tribal plan are only approved in
part, you will remain subject to the Federal plan to the extent
necessary to address the deficiencies in the disapproved portions of
the state or tribal plan.
Sec. 62.14520a How do I determine if my CISWI is covered by an
approved and effective state or tribal plan?
This part contains a list of state and tribal areas with approved
Clean Air Act section 111(d) and section 129 plans along with the
effective dates for such plans. The list is published annually. If this
part does not indicate that your state or tribal area has an approved
and effective plan, you should contact your state environmental
agency's air director or your EPA Regional Office to determine if the
EPA has approved a state plan covering your CISWI since publication of
the most recent version of this subpart.
Sec. 62.14525a If my CISWI is not listed in the Federal plan
inventory, am I exempt from this subpart?
Any CISWI that meets the applicability criteria in Sec. 62.14510a
is required to comply with the applicable emissions guidelines even if
the source is not listed in the Federal plan or otherwise applicable
state or tribal plan inventory. CISWI subject to this subpart are not
limited to the inventory of sources listed in Docket EPA-HQ-OAR-2016-
0664 for the Federal plan. If your CISWI meets the applicability
criteria in Sec. 62.14510a, this subpart applies to you whether or not
your CISWI is listed in the Federal plan inventory in the docket.
Sec. 62.14530a Can my combustion unit be exempt from this subpart?
This subpart exempts 11 types of units, described in paragraphs (a)
through (k) of this section, from complying with the requirements of
this subpart with the exception of the requirements specified in this
section.
(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. 62.14785a 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 the criteria in
this paragraph (a).
(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) Municipal waste combustion units. Incineration units that are
regulated under 40 CFR part 60, subpart Ea, Eb, Cb, AAAA, or BBBB or
subpart JJJ of this part.
(c) Medical waste incineration units. Incineration units regulated
under 40 CFR part 60, subparts Ec and Ce and subpart HHH of this part.
(d) Small power production facilities. Units that meet the four
requirements specified in paragraphs (d)(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.
(4) You must maintain the records specified in Sec. 62.14675a(t).
(e) Cogeneration facilities. Units that meet the four requirements
specified in paragraphs (e)(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
[[Page 100107]]
industrial, commercial, heating, or cooling purposes.
(3) You submit documentation to the Administrator notifying the
Agency that the qualifying cogeneration facility is combusting
homogenous waste.
(4) You maintain the records specified in Sec. 62.14675a(u).
(f) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
(g) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(h) Air curtain incinerators. Air curtain incinerators that burn
100 percent wood waste; 100 percent clean lumber; or a 100 percent
mixture of only wood waste, clean lumber, and/or yard waste; are
required to meet only the requirements under Sec. Sec. 62.14740a
through 62.14765a and 62.14770a.
(i) Sewage treatment plants. Incineration units regulated under 40
CFR part 60, subpart O.
(j) 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 40 CFR part
60, subpart LLLL or MMMM.
(k) Other solid waste incineration units. Incineration units that
are subject to 40 CFR part 60, subpart EEEE or FFFF.
(l) Small, remote incinerators. Incineration units located in the
State of Alaska are not subject to this subpart as specified in the
Consolidated Appropriations Act of 2024, H.R. 4366, section 432.
Compliance Schedule
Sec. 62.14535a When must I comply with this subpart if I plan to
continue operation of my CISWI?
(a) If you plan to continue operation of your CISWI, then you must
follow the requirements in paragraph (b) of this section.
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart by January 10, 2025, then you must
complete the requirements of paragraphs (b)(1) through (5) of this
section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by January 10, 2025.
(2) You must submit a waste management plan no later than January
10, 2025.
(3) You must achieve final compliance by January 10, 2025. To
achieve final compliance, you must incorporate all process changes and
complete retrofit construction of control devices, so that, if the
affected CISWI is brought online, all necessary process changes and air
pollution control devices would operate as designed.
(4) You must conduct the initial performance test within 180 days
after the date when you are required to achieve final compliance under
paragraph (b)(3) of this section.
(5) You must submit an initial report including the results of the
initial performance test no later than 60 days following the initial
performance test (see Sec. Sec. 62.14675a through 62.14735a for
complete reporting and recordkeeping requirements).
Sec. 62.14540a What must I do if I plan to permanently close my
CISWI?
If you plan to permanently close your CISWI rather than comply with
the Federal plan, you must submit a legally binding closure agreement,
including the date of closure, to the Administrator by January 10,
2025, for sources that will not operate on or after the compliance date
under this subpart.
Sec. 62.14545a What must I do if I close my CISWI and then restart
it?
If you close your CISWI but restart it after January 10, 2025, for
the purpose of continuing operation of the your CISWI, you must
complete emission control retrofits and meet the emission limitations
and operating limits on the date your unit restarts operation.
Waste Management Plan
Sec. 62.14550a 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.
Sec. 62.14555a When must I submit my waste management plan?
You must submit a waste management plan no later than January 10,
2025, or six months prior to commencing or recommencing burning solid
waste, whichever is later.
Sec. 62.14560a 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.
Operator Training and Qualification
Sec. 62.14565a What are the operator training and qualification
requirements?
(a) You must have a fully trained and qualified CISWI operator
accessible at all times when the unit is in operation, either at your
facility or able to be at your facility within one hour. The trained
and qualified CISWI operator may operate the CISWI directly or be the
direct supervisor of one or more other plant personnel who operate the
unit. If all qualified CISWI operators are temporarily not accessible,
you must follow the procedures in Sec. 62.14595a.
(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 (where applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Actions to correct malfunctions or conditions that may lead
to malfunction.
(viii) Bottom and fly ash characteristics and handling procedures.
(ix) Applicable Federal, state, and local regulations, including
Occupational Safety and Health Administration workplace standards.
(x) Pollution prevention.
(xi) Waste management practices.
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that can
serve as
[[Page 100108]]
reference material following completion of the course.
Sec. 62.14570a 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) January 10, 2025.
(b) Six months after CISWI startup; or
(c) Six months after an employee assumes responsibility for
operating the CISWI or assumes responsibility for supervising the
operation of the CISWI.
Sec. 62.14575a How do I obtain my operator qualification?
(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 62.14565a(b).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 62.14565a(c)(2).
Sec. 62.14580a How do I maintain my operator qualification?
To maintain qualification, you must complete an annual review or
refresher course covering, at a minimum, the five topics described in
paragraphs (a) through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or conditions that may lead to
malfunction.
(e) Discussion of operating problems encountered by attendees.
Sec. 62.14585a 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. 62.14580a.
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 62.14575a(a).
Sec. 62.14590a What site-specific documentation is required?
(a) Documentation must be available at the facility and readily
accessible for all CISWI 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. 62.14550a
through 62.14560a.
(9) Procedures for handling ash.
(10) A list of the wastes burned during the performance test.
(b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each employee who operates
your incinerator.
(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) January 10, 2025.
(ii) Six months after CISWI startup.
(iii) Six months after being assigned to operate the CISWI.
(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 all plant personnel who operate
your CISWI who have completed review of the information in paragraph
(a) of this section as required by paragraph (b) of this section,
including the date of the initial review and all subsequent annual
reviews.
(2) Records showing the names of all plant personnel who operate
your CISWI who have completed the operator training requirements under
Sec. 62.14565a, met the criteria for qualification under Sec.
62.14575a, and maintained or renewed their qualification under Sec.
62.14580a or Sec. 62.14585a. Records must include documentation of
training, the dates of the initial refresher training, and the dates of
their qualification and all subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
Sec. 62.14595a 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 may be operated by other plant
personnel familiar with the operation of the CISWI who have completed a
review of the information specified in Sec. 62.14590a(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. 62.14705a.
(b) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section.
(1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible.
(2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible and requesting approval from the Administrator to
continue operation of the CISWI. 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 is
disapproved, the CISWI 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.
62.14565a(a).
(ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.
[[Page 100109]]
Emission Limitations and Operating Limits
Sec. 62.14600a What emission limitations must I meet and by when?
(a) You must meet the emission limitations for each CISWI,
including bypass stack or vent, specified in tables 4 through 7 to this
subpart by January 10, 2025. 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 4
to this subpart, as applicable.
Sec. 62.14605a What operating limits must I meet and by when?
(a) If you use a wet scrubber to comply with the emission
limitations in Sec. 62.14600a, you must establish operating limits for
up to four operating parameters (as specified in table 1 to 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.
(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 liquor flow rate, which is calculated as the
lowest 1-hour average liquor 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 hydrogen chloride (HCl) emission limitation.
(b) You must meet the operating limits established on the date that
the performance test report is submitted to the EPA's Central Data
Exchange or postmarked, per the requirements of Sec. 62.14730a(b).
(c) If you use a fabric filter to comply with the emission
limitations in Sec. 62.14600a and you do not use a particulate matter
(PM) continuous parameter monitoring system (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 any 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 (ESP) to comply with
the emission limitations in Sec. 62.14600a 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 in Sec. 62.14600a, 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 (ERU), 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 in Sec. 62.14600a, you must measure the charge
rate, the secondary chamber temperature (if applicable to your CISWI),
and the reagent flow rate during the nitrogen oxides (NOX)
performance testing. The operating limits for the selective
noncatalytic reduction are calculated as the highest 1-hour average
charge rate, lowest secondary chamber temperature, and lowest reagent
flow rate measured during the most recent performance test
demonstrating compliance with the nitrogen oxides emission limitations.
(g) If you use a dry scrubber to comply with the emission
limitations in Sec. 62.14600a, 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 in Sec.
62.14600a, and if you do not determine compliance with your particulate
matter emission limitation with either a particulate matter continuous
emission monitoring system (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 with this
subpart, 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 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
[[Page 100110]]
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 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 PM test runs under Method 5 of 40 CFR part 60,
appendix A-3, or Method 29 of 40 CFR part 60, appendix A-8).
(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 performance tests under Method 5 of
40 CFR part 60, appendix A-3, or Method 29 of 40 CFR part 60, appendix
A-8, 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 be established 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 to this paragraph (i)(2)(ii):
Equation 1 to Paragraph (i)(2)(ii)
[GRAPHIC] [TIFF OMITTED] TR11DE24.024
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 to this
paragraph (i)(2)(iii):
Equation 2 to Paragraph (i)(2)(iii)
[GRAPHIC] [TIFF OMITTED] TR11DE24.025
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 to paragraph (i)(2)(iii) of this
section, in equation 3 to this paragraph (i)(2)(iv). This sets your
operating limit at the PM CPMS output value corresponding to 75 percent
of your emission limit:
Equation 3 to Paragraph (i)(2)(iv)
[GRAPHIC] [TIFF OMITTED] TR11DE24.026
Where:
O1 = 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 to paragraph
(i)(2)(iii) of this section.
[[Page 100111]]
(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 to this
paragraph (i)(3) and you must submit all compliance test and PM CPMS
data according to the reporting requirements in paragraph (i)(5) of
this section:
Equation 4 to Paragraph (i)(3)
[GRAPHIC] [TIFF OMITTED] TR11DE24.027
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. 62.14610a 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 mass balances, to
comply with the emission limitations under Sec. 62.14600a, 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 the parameters
required by paragrpah (a) of this seciton and emissions of regulated
pollutants, identifying how emissions of regulated pollutants change
with changes in the parameters, and how limits on the parameters will
serve to limit emissions of regulated pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for the parameters required by paragraph (a) of this section
that will establish the operating limits on the parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor the parameters required by
paragraph (a) of this section, as well as the relative accuracy and
precision of these methods and instruments.
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring the
parameters required by paragraph (a) of this section.
Performance Testing
Sec. 62.14615a 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. 62.14675a(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 4 through 7 to this subpart.
(d) Method 1 of 40 CFR part 60, appendix A-1, must be used to
select the sampling location and number of traverse points.
(e) Method 3A of 40 CFR part 60, appendix A-1, must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A must be used simultaneously with each method (except when
using Method 9 of 40 CFR part 60, appendix A-4, and Method 22 of 40 CFR
part 60, appendix A-7).
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 1 to this paragraph (f):
Equation 1 to Paragraph (f)
Cadj = Cmeas (20.9-7)/(20.9-%O2) (Eq.
1)
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 of 40 CFR part 60, appendix
A-7.
(2) Quantify isomers meeting identification criteria in section
11.4.3.4 of Method 23 of 40 CFR part 60, appendix A-7, regardless of
whether the isomers meet identification criteria in section 11.4.3.4.1
of Method 23. You must quantify the isomers per section 11.4.3.5 of
Method 23. Note that you may reanalyze the sample aliquot or split to
reduce the number of isomers not meeting identification criteria in
section 11.4.3.4 of Method 23.
(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 2 to this subpart; and
(4) Sum the products calculated in accordance with paragraph (g)(3)
of this section to obtain the total concentration
[[Page 100112]]
of dioxins/furans emitted in terms of toxic equivalency.
(h) Method 22 of 40 CFR part 60, appendix A-7, must be used to
determine compliance with the fugitive ash emission limit in table 4,
5, or 7 to this subpart.
(i) If you have an applicable opacity operating limit, you must
determine compliance with the opacity limit using Method 9 of 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.
62.14640a and 62.14665a.
(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 of 40 CFR part 60,
appendix A-7;
(2) Quantify isomers meeting identification criteria in section
11.4.3.4 of Method 23 of 40 CFR part 60, appendix A-7, regardless of
whether the isomers meet identification criteria in section 11.4.3.4.1
of Method 23. Note that you may reanalyze the sample aliquot or split
to reduce the number of isomers not meeting identification criteria in
section 11.4.3.4 of Method 23; 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. 62.14620a How are the performance test data used?
You use results of performance tests to demonstrate compliance with
the emission limitations in tables 4 through 7 to this subpart.
Initial Compliance Requirements
Sec. 62.14625a How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?
(a) You must conduct an initial performance test to determine
compliance with the emission limitations in tables 4 through 7 to this
subpart, to establish compliance with any opacity operating limits in
Sec. 62.14605a(h), to establish the kiln-specific emission limit in
Sec. 62.14640a(y), as applicable, and to establish operating limits
using the procedure in Sec. 62.14605a or Sec. 62.14610a. The initial
performance test must be conducted using the test methods listed in
tables 4 through 7 to this subpart and the procedures in Sec.
62.14615a. The use of the bypass stack during a performance test shall
invalidate the performance test.
(b) As an alternative to conducting a performance test, as required
under Sec. Sec. 62.14615a and 62.14600a, you may use a 30-day rolling
average of the 1-hour arithmetic average CEMS data, including CEMS data
during startup and shutdown as defined in this subpart, to determine
compliance with the emission limitations in tables 4 through 7 to this
subpart. You must conduct a performance evaluation of each continuous
monitoring system within 180 days of installation of the monitoring
system. The initial performance evaluation must be conducted prior to
collecting CEMS data that will be used for the initial compliance
demonstration.
Sec. 62.14630a 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 January 10, 2025, or the date you restart your CISWI if later than
January 10, 2025.
(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. 62.14635a 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 reaches the charge rate at which it will operate,
but no later than 180 days after January 10, 2025.
(b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the state agency
establishing a date whereby all necessary repairs of the designated
facility must be completed.
Continuous Compliance Requirements
Sec. 62.14640a How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
(a)(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 in this subpart, 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 paragraph (a)(2) of
this section. 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 standards under
section 112 of the Clean Air Act 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, 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 subpart and subcategory under 40 CFR part 63 that will be
applicable after you cease combusting solid waste;
[[Page 100113]]
(iii) The fuel(s), non-waste material(s) and solid waste(s) the
CISWI 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 monitoring
requirements under section 112 of the Clean Air Act or monitoring
requirements under this subpart.
(b) You must conduct an annual performance test for the pollutants
listed in tables 4 through 7 to this subpart and opacity for each CISWI
as required under Sec. 62.14615a. The annual performance test must be
conducted using the test methods listed in tables 4 through 7 to this
subpart and the procedures in Sec. 62.14615a. Opacity must be measured
using EPA Reference Method 9 of 40 CFR part 60, appendix A-4. 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. 62.14605a or established under Sec. 62.14610a.
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. 62.14610a or, for
energy recovery units, where the averaging time for each operating
parameter is a 30-day rolling average, 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 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 tests for ash handling.
(f) For energy recovery units, you must conduct an annual
performance test for opacity using EPA Reference Method 9 of 40 CFR
part 60, appendix A-4 (except where particulate matter continuous
monitoring system or CPMS are used), and the pollutants listed in table
5 to 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, as described in
Sec. 62.14665a(o).
(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.
62.14665a(n) instead of the CPMS specified in paragraph (i) of this
section. 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.
62.14665a(n) instead of particulate matter testing with EPA Method 5 of
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/hr but less than 250 MMBtu/hr that do
not use a wet scrubber, fabric filter with bag leak detection system,
an electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS, you must install, operate, certify, and maintain a
continuous opacity monitoring system (COMS) according to the procedures
in Sec. 62.14665a(m).
(j) For waste-burning kilns, you must conduct an annual performance
test for the pollutants (except mercury and hydrogen chloride if no
acid gas wet scrubber or dry scrubber is used) listed in table 6 to
this subpart, unless you choose to demonstrate initial and continuous
compliance using CEMS, as allowed in paragraph (u) of this section. If
you do not use an acid gas wet scrubber or dry scrubber, you must
determine compliance with the hydrogen chloride emissions limit using a
HCl CEMS according to the requirements in paragraph (j)(1) of this
section. You must determine compliance with the mercury emissions limit
using a mercury CEMS or an integrated sorbent trap monitoring system
according to paragraph (j)(2) of this section. You must determine
compliance with particulate matter using a PM CPMS according to
paragraph (x) of this section.
(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 40 CFR part 60, appendix B, or, PS 18 of 40
CFR part 60, appendix B. 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 40 CFR part 60, appendix F,
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 40 CFR part 60,
appendix F. For any performance specification that you use, you must
use Method 321 of 40 CFR part 63, appendix A, 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:
[[Page 100114]]
(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 relative accuracy test audit (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 percent 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 1 to paragraph
(j)(1)(ii)(D)(1) of this section;
(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)(1) 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 1 to this paragraph
(j)(1)(ii)(D)(1):
Equation 1 to paragraph (j)(1)(ii)(D)(1)
[GRAPHIC] [TIFF OMITTED] TR11DE24.028
(2) 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 or integrated sorbent trap monitoring system
according to the following requirements:
(i) You must operate a mercury CEMS in accordance with performance
specification 12A of 40 CFR part 60, appendix B, or an integrated
sorbent trap monitoring system in accordance with Performance
Specification 12B of 40 CFR part 60, appendix B; these monitoring
systems must be quality assured according to Procedure 5 of appendix F
to 40 CFR part 60. For the purposes of emissions calculations when
using an integrated sorbent trap monitoring system, the mercury
concentration determined for each sampling period must be assigned to
each hour during the sampling period. If you choose to comply with the
production-rate based mercury limit for your waste-burning kiln, you
must also monitor hourly clinker production and determine the hourly
mercury emissions rate in pounds per million ton of clinker produced.
You must demonstrate compliance with the mercury emissions limit using
a 30-day rolling average of these 1-hour mercury concentrations or mass
emissions rates, 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 of 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;
(ii) Owners or operators using a mercury CEMS or integrated sorbent
trap monitoring system to determine mass emission rate must install,
operate, calibrate and maintain an instrument for
[[Page 100115]]
continuously measuring and recording the mercury mass emissions rate to
the atmosphere according to the requirements of Performance
Specification 6 (PS 6) of 40 CFR part 60, appendix B, and conducting an
annual relative accuracy test of the continuous emission rate
monitoring system according to section 8.2 of PS 6; and
(iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS or
integrated sorbent trap monitoring system 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) of this chapter.
(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) of this chapter;
(v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 60.13 of this chapter; and
(vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 60.7(b), (c) introductory text,
(c)(1) and (4), and (d) through (g) of this chapter.
(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 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:
[[Page 100116]]
(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 OAQPS Fabric Filter Bag Leak Detection Guidance,
EPA-454/R-98-015 (incorporated by reference, see paragraph (z) of this
section).
(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 initial and
continous compliance with the sulfur dioxide (SO2) emission
limit, compliance with the sulfur dioxide emission limit may be
demonstrated by using the CEMS specified in Sec. 62.14665a(l) to
measure sulfur dioxide. The sulfur dioxide CEMS must follow the
procedures and methods specified in this paragraph (s). For sources
that have actual inlet emissions less than 100 parts per million dry
volume, the relative accuracy criterion for inlet sulfur dioxide CEMS
should be no greater than 20 percent of the mean value of the reference
method test data in terms of the units of the emission standard, or 5
parts per million dry volume absolute value of the mean difference
between the reference method and the CEMS, whichever is greater:
(1) During each relative accuracy test run of the CEMS required by
Performance Specification 2 of 40 CFR part 60, appendix B, 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 of 40 CFR part
60, appendix A-4, or as an alternative ANSI/ASME PTC 19.10-1981, Flue
and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] must be
used (incorporated by reference, see paragraph (z) of this section);
and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A of 40
CFR part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-
1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and
Apparatus], as applicable, must be used (incorporated by reference, see
paragraph (z) of this section).
(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 of 40 CFR part 60, appendix
F.
(t) For facilities using a CEMS to demonstrate intitial and
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. 62.14665a to measure nitrogen
oxides. The nitrogen oxides CEMS 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 40 CFR part 60, appendix B, 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 of 40 CFR
part 60, appendix A-4, must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A of 40
CFR part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-
1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and
Apparatus], as applicable, must be used (incorporated by reference, see
paragraph (z) of this section).
(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 of 40 CFR part 60, appendix
F.
(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 of 40 CFR part 60,
appendix A-2, must be used to determine the relationship between oxygen
and carbon dioxide at a sampling location. Method 3A of 40 CFR part 60,
appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981, Flue and
Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as
applicable, must be used to determine the oxygen concentration at the
same location as the carbon dioxide monitor (incorporated by reference,
see paragraph (z) of this section);
(ii) Samples must be taken for at least 30 minutes in each hour;
(iii) Each sample must represent a 1-hour average; and
(iv) A minimum of 3 runs must be performed.
(u) For facilities using a CEMS or an integrated sorbent trap
monitoring system for mercury to demonstrate initial and 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 or an integrated sorbent trap monitoring
system 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 of 40 CFR part 60, appendix A-7. The 1-hour arithmetic
averages for CEMS must be calculated using the data points required
under Sec. 60.13(e)(2) of this chapter. Except for CEMS or an
integrated sorbent trap monitoring system data during startup and
shutdown, the 1-hour arithmetic averages used to calculate the 30-day
rolling average emission concentrations must be corrected to 7 percent
oxygen (dry basis). Integrated sorbent trap monitoring system or 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 and integrated sorbent trap monitoring systems
in
[[Page 100117]]
accordance with the applicable procedures under of 40 CFR part 60,
appendices B and F.
(v) Use of the bypass stack at any time is an emissions standards
deviation for PM, HCl, lead, cadmium, mercury, nitrogen oxides, sulfur
dioxide, and dioxin/furans.
(w) For energy recovery units with a design heat input capacity of
100 MMBtu/hr or greater that do not use a carbon monoxide CEMS, you
must install, operate, and maintain an oxygen analyzer system as
defined in Sec. 62.14785a 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. 62.14605a;
(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 carbon monoxide (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 40 CFR part 60, appendix A-7.
(x) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hr 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, electrostatic precipitator 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. 62.14605a.
(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); 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.
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 (x);
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 kiln emissions are emittted through multiple stacks (e.g.,
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 2 to
this paragraph (y)(1):
Equation 2 to paragraph (y)(1)
[[Page 100118]]
[GRAPHIC] [TIFF OMITTED] TR11DE24.029
Where:
Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm,
depending on pollutant. Each corrected to 7% O2).
Qks = Kiln stack flow rate (volume/hr).
Qi = Flow rate of stack i (volume/hr).
n = Number of stacks kiln emissions are being emitted from including
the kiln stack.
m = Number of stacks excluding the kiln stack that kiln emissions
are being emitted from.
Ci = Concentration in stack i (ppmvd, mg/dscm, ng/dscm,
depending on pollutant. Each corrected to 7% O2).
(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).
(z) These standards are incorporated by reference into this section
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is
available for inspection at the U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167,
https://www.epa.gov. You may also inspect a copy at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected].
(1) American Society of Mechanical Engineers (ASME), Two Park
Avenue, New York, NY 10016-5990; phone: 1-800-843-2763; website:
https://www.asme.org/.
(i) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], Issued August 31, 1981.
(ii) [Reserved]
(2) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; phone (202) 272-0167; website https://www.epa.gov.
(i) Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-015,
September 1997. (Available from www3.epa.gov/ttnemc01/cem/tribo.pdf.)
(ii) [Reserved]
Sec. 62.14645a By what date must I conduct the annual performance
test?
You must conduct annual performance tests between 11 and 13
calendar months of the previous performance test.
Sec. 62.14650a 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.
62.14635a.
Sec. 62.14655a May I conduct performance testing less often?
You must conduct annual performance tests according to the schedule
specified in Sec. 62.14645a, with the following exceptions:
(a) You may conduct a repeat performance test at any time to
establish new values for the operating limits, as specified in Sec.
62.14660a. New operating limits become effective on the date that the
performance test report is submitted to the EPA's Central Data Exchange
or postmarked, per the requirements of Sec. 62.14730a(b). The
Administrator may request a repeat performance test at any time;
(b) You must repeat the performance test within 60 days of a
process change, as defined in Sec. 62.14780a; and
(c) You can conduct performance tests less often if you meet the
following conditions: your performance tests for the pollutant for at
least 2 consecutive performance tests demonstrates that the emission
level for the pollutant is no greater than the emission level specified
in paragraph (c)(1) or (2) of this section, as applicable; there are no
changes in the operation of the affected source or air pollution
control equipment that could increase emissions; and you are not
required to conduct a performance test for the pollutant in response to
a request by the Administrator in paragraph (a) of this section or a
process change in paragraph (b) of this section. In this case, you do
not have to conduct a performance test for that pollutant for the next
2 years. You must conduct a performance test for the pollutant no more
than 37 months following the previous performance test for the
pollutant. If the emission level for your CISWI continues to meet the
emission level specified in paragraph (c)(1) or (2), as applicable, you
may choose to conduct performance tests for the pollutant every third
year, as long as there are no changes in the operation of the affected
source or air pollution control equipment that could increase
emissions. Each such performance test must be conducted no more than 37
months after the previous performance test.
(1) 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 tables 4 through 7 to this subpart, as applicable;
and
(2) 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.
(3) If you are conducting less frequent testing for a pollutant as
provided in this paragraph (c) and a subsequent performance test for
the pollutant indicates that your CISWI does not meet the emission
level specified in paragraph (c)(1) or (2) of this section, as
applicable, you must conduct annual performance tests for the pollutant
according to the schedule specified in this section until you qualify
for less frequent testing for the pollutant as specified in this
paragraph (c).
Sec. 62.14660a 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. 62.14665a 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
[[Page 100119]]
under Sec. 62.14600a, 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 1 to this subpart.
These devices (or methods) must measure and record the values for these
operating parameters at the frequencies indicated in table 1 to this
subpart at all times except as specified in Sec. 62.14670a(a).
(b) If you use a fabric filter to comply with the requirements of
this subpart and you do not use a PM CPMS or PM CEMS 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.
(5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
(6) The bag leak detection system must be equipped with an alarm
system that will alert automatically an operator when an increase in
relative particulate matter emissions over a preset level is detected.
The alarm must be located where it is observed easily by plant
operating personnel.
(7) For positive pressure fabric filter systems, a bag leak
detection system must be installed in each baghouse compartment or
cell. For negative pressure or induced air fabric filters, the bag leak
detector must be installed downstream of the fabric filter.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, an electrostatic
precipitator, or a dry scrubber to comply with the emission limitations
under Sec. 62.14600a, 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. 62.14610a.
(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 in this subpart, 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. 62.14615a,
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) 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, you must install, calibrate, maintain, and operate a CEMS for
monitoring hydrogen chloride emissions discharged to the atmosphere, as
specified in Sec. 62.14640a(j), and record the output of the system.
You may substitute use of a HCl CEMS for conducting the HCl initial and
annual testing with EPA Method 321 of 40 CFR part 63, appendix A. for
units other than waste-burning kilns not equipped with a wet scrubber
or dry scrubber, a facility may substitute use of a HCl CEMS for
conducting the HCl initial and annual performance test. For units
equipped with a HCl CEMS, you are not required to monitor 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 in this subpart, a facility may substitute use
of either a particulate matter CEMS or a particulate matter CPMS for
conducting the particulate matter annual performance test. For units
equipped with a particulate matter CEMS, you are not required to use
other CMS monitoring for PM compliance (e.g., bag leak detectors,
electrostatic precipitator secondary power, PM scrubber pressure). A
facility may also substitute use of a particulate matter CEMS for
conducting the PM initial performance test.
(i) To demonstrate initial and continuous compliance with the
dioxin/furan emissions limit in this subpart, a facility may substitute
use of a continuous automated sampling system for the dioxin/furan
initial and annual performance test. You must record the output of the
system and analyze the sample according to EPA Method 23 of 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 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) of this chapter. 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)(1) To demonstrate initial and continuous compliance with the
mercury emissions limit in this subpart, a facility may substitute use
of a mercury CEMS or and integrated sorbent trap monitoring system for
the mercury initial and annual performance test. The owner or operator
who elects to continuously sample mercury emissions instead of sampling
and testing using EPA Method 29 or 30B of 40 CFR part 60, appendix A-8,
ASTM D6784-24, Standard Test Method for Elemental, Oxidized, Particle-
Bound and Total Mercury in Flue Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro Method), approved March 1, 2024 (ASTM
D6784-24), or an approved alternative method for measuring mercury
emissions, must install, calibrate, maintain and operate the mercury
CEMS or integrated sorbent trap monitoring system and must comply with
Performance Specification 12A or 12B of 40 CFR part 60, appendix B,
respectively, and quality assurance requirements of Procedure 5 of 40
CFR
[[Page 100120]]
part 60, appendix F. For the purposes of emissions calculations when
using an integrated sorbent trap monitoring system, the mercury
concentration determined for each sampling period must be assigned to
each hour during the sampling period. For units equipped with a mercury
CEMS or an integrated sorbent trap monitoring system, you are not
required to monitor 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 or an integrated sorbent trap monitoring
system as specified in Sec. 62.14640a(j).
(2) ASTM D6784-24 is incorporated by reference into this section
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. This material is available for
inspection at the U.S. Environmental Protection Agency (EPA) and at the
National Archives and Records Administration (NARA). Contact the EPA
at: 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167,
https://www.epa.gov. For information on the availability of this
material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. This material may be
obtained from ASTM International (ASTM) at: 100 Barr Harbor Drive, Post
Office Box C700, West Conshohocken, PA 19428-2959; phone: +1-610-832-
9500; website: https://www.astm.org/.
(k) To demonstrate initial and continuous compliance with the
nitrogen oxides emissions limit in this subpart, a facility may
substitute use of a CEMS for the nitrogen oxides initial and annual
performance test to demonstrate compliance with the nitrogen oxides
emissions limits. For units equipped with a nitrogen oxides CEMS, you
are not required to monitor 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 40 CFR part 60, appendix B, the quality assurance requirements of
Procedure 1 of 40 CFR part 60, appendix F, and the procedures under
Sec. 60.13 of this chapter must be followed for installation,
evaluation and operation of the CEMS; and
(2) Compliance with the emission limit in this subpart for nitrogen
oxides must be determined based on the 30-day rolling average of the
hourly emission concentrations using CEMS outlet data, as outlined in
Sec. 62.14640a(u).
(l) To demonstrate initial and continuous compliance with the
sulfur dioxide emissions limit in this subpart, a facility may
substitute use of a CEMS for the sulfur dioxide initial and 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 40 CFR part 60, appendix B, the quality assurance requirements of
Procedure 1 of 40 CFR part 60, appendix F, and the procedures under
Sec. 60.13 of this chapter must be followed for installation,
evaluation and operation of the CEMS; and
(2) Compliance with the sulfur dioxide emission limit in this
subpart shall be determined based on the 30-day rolling average of the
hourly arithmetic average emission concentrations using CEMS outlet
data, as outlined in Sec. 62.14640a(u).
(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, an
electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS, 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. 62.14600a. Energy recovery units that use a
particulate matter CEMS to demonstrate initial and continuing
compliance according to the procedures in Sec. 62.14665a(n) are not
required to install a continuous opacity monitoring system and must
perform the annual performance tests for opacity consistent with Sec.
62.14640a(f):
(1) Install, operate and maintain each continuous opacity
monitoring system according to Performance Specification 1 (PS 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 of this
chapter and according to PS 1 of 40 CFR part 60, appendix B;
(3) As specified in Sec. 60.13(e)(1) of this chapter, 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) of this chapter; 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 of 40 CFR part 60,
appendix A-3, or monitoring with a particulate matter CPMS according to
paragraph (r) of this section, must install, calibrate, maintain and
operate a PM CEMS and must comply with the requirements specified in
paragraphs (n)(1) through (10) of this section:
(1) The PM CEMS must be installed, evaluated, and operated in
accordance with the requirements of Performance Specification 11 of 40
CFR part 60, appendix B, and quality assurance requirements of
Procedure 2 of 40 CFR part 60, appendix F, and Sec. 60.13 of this
chapter;
(2) The initial performance evaluation must be completed no later
than 180 days after January 10, 2025, as specified under Sec.
62.14615a 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 of 40 CFR part 60,
appendix A-3, performance tests, whichever is later;
(3) 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. 62.14640a(t)(4)(i) through
(iv);
(4) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions. If PM CEMS
are elected for demonstrating compliance, and the initial performance
test has not yet been conducted, then initial compliance must be
determined by using the CEMS specified in this paragraph (n) to measure
particulate matter. You must calculate a 30-day rolling average of 1-
hour arithmetic average emission concentrations, including CEMS data
during startup and shutdown, as
[[Page 100121]]
defined in this subpart, using equation 19-19 in section 12.4.1 of EPA
Reference Method 19 of 40 CFR part 60, appendix A-7;
(5) Continuous 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 of 40
CFR part 60, appendix A-7, from the 1-hour arithmetic average of the
CEMS outlet data;
(6) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified Sec. 62.14670a;
(7) The 1-hour arithmetic averages required under paragraph (n)(5)
of this section must be expressed in milligrams per dry standard cubic
meter (mg/dscm) 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) of
this chapter;
(8) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum CEMS data requirements of
paragraph (n)(6) of this section are not met;
(9) The CEMS must be operated according to Performance
Specification 11 of 40 CFR part 60, appendix B; and
(10) Quarterly and yearly accuracy audits and daily drift, system
optics, and sample volume checks must be performed in accordance with
Procedure 2 of 40 CFR part 60, appendix F.
(o) To demonstrate initial and continuous compliance with the
carbon monoxide emissions limit in this subpart, a facility may
substitute use of a CEMS for the carbon monoxide initial and 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
4A or 4B of 40 CFR part 60, appendix B, the quality assurance
requirements of Procedure 1 of 40 CFR part 60, appendix F, and the
procedures under Sec. 60.13 of this chapter must be followed for
installation, evaluation, and operation of the CEMS; and
(2) Compliance with the carbon monoxide emission limit shall 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, as
outlined in Sec. 62.14640a(u).
(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/hr 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. 62.14780a 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. 62.14605a;
(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 40 CFR part 60, appendix A-7.
(r) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hr 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, electrostatic precipitator 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. 62.14640a(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 in this
subpart, you must adjust the site-specific operating limit in
accordance with the results of the performance test according to the
procedures specified in Sec. 62.14605a.
(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
[[Page 100122]]
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 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 in
this subpart 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 (r)(8)(iii); 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.
(t) If you are required to monitor clinker production because you
comply with the production-rate based mercury limit in this subpart for
your waste-burning kiln, you must:
(1) Determine hourly clinker production by one of two methods:
(i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of clinker produced. The system of measuring hourly
clinker production must be maintained within 5 percent
accuracy; or
(ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate your hourly
clinker production rate using a kiln-specific feed to clinker ratio
based on reconciled clinker production determined for accounting
purposes and recorded feed rates. Update this ratio monthly. Note that
if this ratio changes at clinker reconciliation, you must use the new
ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
(2) Determine the accuracy of the system of measuring hourly
clinker production (or feed mass flow if applicable) before the final
compliance date under this subpart and during each quarter of source
operation.
(3) Conduct accuracy checks in accordance with the procedures
outlined in your site-specific monitoring plan under Sec.
62.14640a(l).
Sec. 62.14670a Is there a minimum amount of monitoring data I must
obtain?
For each continuous monitoring system required or optionally
allowed under Sec. 62.14665a, 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. 62.14705a(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, 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.
Recordkeeping and Reporting
Sec. 62.14675a What records must I keep?
You must maintain the items (as applicable) as specified in
paragraphs (a) through (o) 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 (7)
of this section:
(1) The CISWI 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; and
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
(5) For affected CISWI that establish operating limits for controls
other than wet scrubbers under Sec. 62.14610a, 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.
[[Page 100123]]
You must also record the percent of operating time during each 6-month
period that the alarm sounds, calculated as specified in Sec.
62.14605a(c).
(7) If you monitor clinker production in accordance with Sec.
62.14665a(t):
(i) Hourly clinker rate produced if clinker production is measured
directly;
(ii) Hourly measured kiln feed rates and calculated clinker
production rates if clinker production is not measured directly;
(iii) Thirty (30)-day rolling averages for mercury in pounds per
million tons of clinker produced; and
(iv) The initial and quarterly accuracy of the system of measuring
hourly clinker production (or feed mass flow).
(c) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 1 to this subpart or a
deviation from other operating limits established under Sec.
62.14605a(d) through (g) or Sec. 62.14610a with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
(d) 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.
(e) Records showing the names of CISWI operators who have completed
review of the information in Sec. 62.14590a(a) as required by Sec.
62.14590a(b), including the date of the initial review and all
subsequent annual reviews.
(f) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 62.14565a, met
the criteria for qualification under Sec. 62.14575a, and maintained or
renewed their qualification under Sec. 62.14580a or Sec. 62.14585a.
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.
(g) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(h) Records of calibration of any monitoring devices as required
under Sec. 62.14665a.
(i) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(j) The information listed in Sec. 62.14590a(a).
(k) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required).
(l) Maintain records of the annual air pollution control device
inspections that are required for each CISWI subject to the emissions
limits in tables 4 through 7 to 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.
(m) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems. If you monitor emissions with a CEMS,
you must indicate which data are CEMS data during startup and shutdown:
(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;
(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 HCl CEMS outputs;
(8) All 1-hour average percent oxygen concentrations; and
(9) All 1-hour average PM CPMS readings or particulate matter CEMS
outputs.
(n) Records indicating use of the bypass stack, including dates,
times and durations.
(o) If you choose to stack test less frequently than annually,
consistent with Sec. 62.14655a, 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.
(p) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
(q) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
(r) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 60.11(d) of this chapter,
including corrective actions to restore malfunctioning process and air
pollution control and monitoring equipment to its normal or usual
manner of operation.
(s) 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) of this chapter. 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 of this chapter and each of the
legitimacy criteria in Sec. 241.3(d)(1). 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 of this chapter, you must keep records documenting that
the material is a listed non-waste under Sec. 241.4(a) of this
chapter.
(t) 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.
(u) 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. 62.14680a 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. 62.14685a What reports must I submit?
See table 3 to this subpart for a summary of the reporting
requirements.
Sec. 62.14690a When must I submit my waste management plan?
You must submit a waste management plan no later than January 10,
2025, or the date you recommence burning solid waste, whichever is
later.
[[Page 100124]]
Sec. 62.14695a 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. 62.14625a, as applicable;
(b) The values for the site-specific operating limits established
in Sec. 62.14605a or Sec. 62.14610a; and
(c) If you are using a fabric filter to comply with the emission
limitations in this subpart, documentation that a bag leak detection
system has been installed and is being operated, calibrated, and
maintained as required by Sec. 62.14665a(b).
Sec. 62.14700a 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. 62.14695a. 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. 62.14705a What information must I include in my annual report?
The annual report required under Sec. 62.14700a must include the
items listed in paragraphs (a) through (p) of this section. If you have
a deviation from the operating limits or the emission limitations in
this subpart, you must also submit deviation reports as specified in
Sec. Sec. 62.14710a, 62.14715a, and 62.14720a.
(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. If your report is submitted via the Compliance and Emissions
Data Reporting Interface (CEDRI), the certifier's electronic signature
during the submission process replaces this requirement;
(c) Date of report and beginning and ending dates of the reporting
period. You are no longer requried to provide the date of the report
when the report is submitted via CEDRI;
(d) The values for the operating limits established pursuant to
Sec. 62.14605a or Sec. 62.14610a;
(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 (30-day average for energy recovery units), as applicable,
for each operating parameter recorded for the calendar year being
reported;
(g) Information recorded under Sec. 62.14675a(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.
62.14730a(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. 62.14655a, and did not
conduct a performance test during the reporting period, you must state
that you met the requirements of Sec. 62.14655a, and, therefore, you
were not required to conduct a performance test during the reporting
period;
(j) The start date, start time, and duration (in hours) of periods
when all qualified CISWI 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 start date, start time, duration (in
hours), and a brief description for each 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) of this chapter, including actions taken to correct
a malfunction;
(l) For each deviation from an emission or operating limitation
that occurs for a CISWI 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 (in hours) of the CISWI at which the
deviation occurred during the reporting period; and
(2) Information on the start date, start time, duration (in hours),
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 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 start and end date and time and duration (in hours) that
each CMS was inoperative, except for zero (low-level) and high-level
checks;
(3) The start and end date and time and duration (in hours) that
each continuous monitoring system was out-of-control, 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 (in hours) 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 (in hours) 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 (in hours) 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 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;
(9) A brief description of the CISWI;
(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;
[[Page 100125]]
(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; and
(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. 62.14710a 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 (30-day average for energy recovery units or for PM CPMS)
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 any 6-month reporting period, if a performance test was
conducted that deviated from any emission limitation, or if a 30-day
average measured using a CEMS 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. 62.14715a What must I include in the deviation report?
In each report required under Sec. 62.14710a, 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 the dates in paragraph (a)
of this section;
(c) Duration and causes of the following:
(1) Each deviation from the emission limitations or operating
limits and your corrective actions; and
(2) Bypass events and your corrective actions. Include the calendar
date and start time of the bypass event; 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. 62.14730a(b)(1), the performance test report no
later than the date that you submit the deviation report.
Sec. 62.14720a What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
(a) If all qualified operators are not accessible for two weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
(1) You must 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.
(b) If your unit was shut down by the Administrator, under the
provisions of Sec. 62.14595a(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. 62.14725a Are there any other notifications or reports that I
must submit?
(a) Yes. You must submit notifications as provided by Sec. 60.7 of
this chapter.
(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. 62.14640a(a). The
notification must identify:
(1) The name of the owner or operator of the CISWI, 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 subpart and subcategory under 40 CFR part 63 that will be
applicable after you cease combusting solid waste;
(3) The fuel(s), non-waste material(s), and solid waste(s) the
CISWI 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. 62.14730a In what form can I submit my reports?
(a) Submit initial, annual, and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
Beginning on January 10, 2025, or once the reporting form has been
available in CEDRI for 1 year, whichever is later, you must submit
subsequent reports on or before the submittal dates to the EPA via the
CEDRI, which 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 website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri).
When the date forms become available in CEDRI, they will be listed on
the CEDRI website. 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 of this chapter. 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:
[[Page 100126]]
(1) Within 60 days after the date of completing each performance
test (see Sec. 60.8 of this chapter) required by this subpart, you
must submit the results of the performance test following the procedure
specified in either paragraph (b)(1)(i) or (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 website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) 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 website. 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 website,
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 (b)(1)(i); and
(ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT website 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 of this
chapter.
(2) Within 60 days after the date of completing each CEMS
performance evaluation you must submit the results of the performance
evaluation following the procedure specified in either paragraph
(b)(2)(i) or (ii) of this section. In the situation where performance
evaluations cover multiple days, the results may be submitted together
up to 60 days after all performance evaluations are completed.
(i) For performance evaluations of continuous monitoring systems
measuring RATA pollutants that are supported by the EPA's ERT as listed
on the EPA's ERT website 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 website. 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 website, 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 (b)(2)(i); 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 website 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 of this
chapter.
(c) If you are required to electronically submit a report through
the CEDRI in the EPA's CDX, and due to a planned or actual outage of
either the EPA's CEDRI or CDX systems within the period of time
beginning 5 business days prior to the date that the submission is due,
you will be or are precluded from accessing CEDRI or CDX and submitting
a required report within the time prescribed, you may assert a claim of
EPA system outage for failure to timely comply with the reporting
requirement. You must submit notification to the Administrator in
writing as soon as possible following the date you first knew, or
through due diligence should have known, that the event may cause or
caused a delay in reporting. You must provide to the Administrator a
written description identifying the date, time, and length of the
outage; a rationale for attributing the delay in reporting beyond the
regulatory deadline to the EPA system outage; describe the measures
taken or to be taken to minimize the delay in reporting; and identify a
date by which you propose to report, or if you have already met the
reporting requirement at the time of the notification, the date you
reported. In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved. The
decision to accept the claim of EPA system outage and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
(d) If you are required to electronically submit a report through
CEDRI in the EPA's CDX and a force majeure event is about to occur,
occurs, or has occurred or there are lingering effects from such an
event within the period of time beginning 5 business days prior to the
date the submission is due, the owner or operator may assert a claim of
force majeure for failure to timely comply with the reporting
requirement. For the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by circumstances
beyond the control of the affected facility, its contractors, or any
entity controlled by the affected facility that prevents you from
complying with the requirement to submit a report electronically within
the time period prescribed. Examples of such events are acts of nature
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure or safety hazard beyond the control of the
affected facility (e.g., large scale power outage). If you intend to
assert a claim of force majeure, you must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description of the force majeure event and a
rationale for attributing the delay in reporting beyond the regulatory
deadline to the force majeure event; describe the measures taken or to
be taken to minimize the delay in reporting; and identify a date by
which you propose to report, or if you have already met the reporting
requirement at the time of the notification, the date you reported. In
any circumstance, the reporting must occur as soon as possible after
the force majeure event occurs. The decision to accept the claim of
force majeure and allow an extension to the reporting deadline is
solely within the discretion of the Administrator.
Sec. 62.14735a Can reporting dates be changed?
If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec. 60.19(c) of this chapter for
procedures to seek approval to change your reporting date.
[[Page 100127]]
Air Curtain Incinerators (ACIs)
Sec. 62.14740a What is an air curtain incinerator?
(a) An ACI 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. 62.14770a, this section, and Sec. Sec.
62.14745a through 62.14765a:
(1) One hundred (100) percent wood waste;
(2) One hundred (100) percent clean lumber; and
(3) One hundred (100) percent mixture of only wood waste, clean
lumber, and/or yard waste.
Sec. 62.14745a 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 this subpart, you must comply with the final
standards in this subpart on January 10, 2025.
(b) If you close your incinerator but will restart it after January
10, 2025, you must complete emission control retrofits and meet the
emission limitations under this subpart on the date your incinerator
restarts operation.
Sec. 62.14750a What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
If you plan to permanently close your incinerator rather than
comply with this subpart, submit a closure notification, including the
date of closure, to the Administrator no later than six months prior to
the date your operation will cease. The closure date cannot be later
than January 10, 2025, for sources that will not operate on and after
the compliance date under this subpart. In addition, while still in
operation, your air curtain incinerator is subject to the same
requirement to apply for and obtain an operating permit under title V
of the Clean Air Act that applies to an air curtain incinerator that
will not be permanently closing.
Sec. 62.14755a What are the emission limitations for air curtain
incinerators?
After the date the initial test for opacity is required or
completed (whichever is earlier), you must meet the limitations in
paragraphs (a) and (b) of this section.
(a) Maintain opacity to less than or equal to 10 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values), except as described in paragraph (b)
of this section.
(b) Maintain opacity to less than or equal to 35 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values) during the startup period that is
within the first 30 minutes of operation.
Sec. 62.14760a How must I monitor opacity for air curtain
incinerators?
(a) Use Method 9 of 40 CFR part 60, appendix A-4, to determine
compliance with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8
of this chapter no later than 180 days after your final compliance date
under this subpart.
(c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.
Sec. 62.14765a What are the recordkeeping and reporting requirements
for air curtain incinerators?
(a) Keep records of results of all initial and annual opacity tests
onsite in either paper copy or electronic format, unless the
Administrator approves another format, for at least 5 years.
(b) Make all records available for submittal to the Administrator
or for an inspector's onsite review.
(c) Submit an initial report no later than 60 days following the
initial opacity test that includes the information specified in
paragraphs (c)(1) and (2) of this section.
(1) The types of materials you plan to combust in your ACI; 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.
Title V Requirements
Sec. 62.14770a Am I required to apply for and obtain a title V
operating permit for my unit?
Yes. Each CISWI and ACI 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.
Delegation of Authority
Sec. 62.14775a What authorities are withheld by the EPA
Administrator?
The following authorities are withheld by the EPA Administrator and
not transferred to the state or tribe:
(a) Approval of alternatives to the emission limitations in tables
4 through 7 to this subpart and operating limits established under
Sec. 62.14605a and table 1 to this subpart.
(b) Approval of petitions submitted pursuant to the requirements of
Sec. 62.14610a establishing operating parameters when using controls
other than a wet scrubber, fabric filter, activated carbon injection,
selective noncatalytic reduction, or a dry scrubber to comply with the
emission limitations in tables 4 through 7 to this subpart.
(c) Approval of major alternatives to test methods established
under Sec. 62.14615a and tables 4 through 7 to this subpart.
(d) Approval of major alternatives to monitoring requirements
established under Sec. Sec. 62.14665a and 62.14575a and table 1 to
this subpart.
(e) Approval of major alternatives to recordkeeping and reporting
requirements of this subpart.
(f) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
(g) Approval of requests submitted pursuant to the requirements in
Sec. 62.14595a(b)(2).
(h) Approval of alternative opacity emission limits in Sec.
62.14600a under Sec. 60.11(e)(6) through (8) of this chapter.
(i) Performance test and data reduction waivers under Sec.
62.14615a(j) and Sec. 60.8(b)(4) and (5) of this chapter.
(j) Determination of whether a qualifying small power production
facility or cogeneration facility under Sec. 62.14530a(d) or (e) is
combusting homogeneous waste.
Definitions
Sec. 62.14780a What definitions must I know?
Terms used but not defined in this subpart are defined in the Clean
Air Act, 40 CFR part 60, subparts A and B, and subpart A 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.
[[Page 100128]]
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 (ACI) 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 different from conventional combustion
devices which typically have 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, liquefied 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 3 consecutive months (non-overlapping)
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 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 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 unit (CISWI)
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 of this chapter that have been discarded, and you do not
keep and produce records as required by Sec. 62.14675a(s), the
operating unit is a CISWI. While not all CISWI will include all of the
following components, a CISWI 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 does not
include air pollution control equipment or the
[[Page 100129]]
stack. The CISWI 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
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 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 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 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 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
[[Page 100130]]
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 means a CISWI you have 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 (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI;
and
(2) Any physical change in the CISWI 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 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI.
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 as measured by Method 5 of 40 CFR part 60, appendix A-3, or
Method 29 of 40 CFR part 60, appendix A-8.
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 which may increase the emission rate of any air pollutant to
which a standard applies;
(2) An operational change to the CISWI 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 (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 (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 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 (not including land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI.
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:
[[Page 100131]]
(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 subpart, 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 insofar as actions, standards,
requirements, or prohibitions under title IV of the Clean Air Act or 40
CFR parts 72 through 78 are concerned; or
(ii) The designated representative for any other purposes under 40
CFR 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 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 Sec. 241.2 of
this chapter.
Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste (as 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). This definition 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 Sec.
279.23 of this chapter. 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 [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 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
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including non-vaporous 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.
Table 1 to Subpart IIIa of Part 62--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish And monitor using these minimum frequencies
For these operating parameters these operating -----------------------------------------------------------
limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate..................... Maximum charge Continuous........ Every hour........ 1. Daily (batch
rate. units)
2. 3-hour rolling
(continuous and
intermittent
units) \1\.
Pressure drop across the wet Minimum pressure Continuous........ Every 15 minutes.. 3-hour rolling
scrubber or amperage to wet drop or amperage. \1\.
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 100132]]
Table 2 to Subpart IIIa of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/furan congener equivalency
factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin............... 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin............. 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............ 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............ 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............ 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin......... 0.01
octachlorinated dibenzo-p-dioxin........................ 0.001
2,3,7,8-tetrachlorinated dibenzofuran................... 0.1
2,3,4,7,8-pentachlorinated dibenzofuran................. 0.5
1,2,3,7,8-pentachlorinated dibenzofuran................. 0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran................ 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................ 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................ 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................ 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran............. 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran............. 0.01
octachlorinated dibenzofuran............................ 0.001
------------------------------------------------------------------------
Table 3 to Subpart IIIa of Part 62--Summary of Reporting Requirements 1
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan......... No later than Waste management plan............. Sec. 62.14690a.
January 10, 2025,
or the date you
recommence burning
solid waste,
whichever is later.
B. Initial Test Report........... No later than 60 1. Complete test report for the Sec. 62.14695a.
days following the initial performance test.
initial performance 2. The values for the site-
test. specific operating limits..
3. Installation of bag leak
detection systems for fabric
filters..
C. Annual report................. No later than 12 1. Name and address............... Sec. Sec.
months following 2. Statement and signature by 62.14700a and
the submission of responsible official.. 62.14705a.
the initial test 3. Date of report................. Subsequent reports
report. Subsequent 4. Values for the operating are to be
reports are to be limits.. submitted no more
submitted no more 5. Highest recorded 3-hour average than 12 months
than 12 months and the lowest 3-hour average, as following the
following the applicable, (or 30-day average, previous report.
previous report. if applicable) for each operating
parameter recorded for the
calendar year being reported..
6. If a performance test was
conducted during the reporting
period, the results of the test..
7. If a performance test was not
conducted during the reporting
period, a statement that the
requirements of Sec.
62.14655a(a) were met..
8. Documentation of periods when
all qualified CISWI operators
were unavailable for more than 8
hours but less than 2 weeks..
9. If you are conducting
performance tests once every 3
years consistent with Sec.
62.14655a(a), the date of the
last 2 performance tests, a
comparison of the emission level
you achieved in the last 2
performancetests to the 75
percent emission limit threshold
required in Sec. 62.14655a(a)
and a statement as to whether
there have been any operational
changes since the last
performance test that could
increase emissions..
10. Any malfunction, deviation, or
continuous monitoring system out
of control periods information as
specified in Sec. 62.14705a(k)
through (o)..
11. Fuel input information for
energy recovery unit subcategory
verification as specified in Sec.
62.14705a(p)..
D. Emission Limitation or By August 1 of that 1. Dates and times of deviations.. Sec. Sec.
Operating Limit Deviation Report. year for data 2. Averaged and recorded data for 62.14710a and
collected during these dates.. 62.14715a.
the first half of 3. Duration and causes for each
the calendar year. deviation and the corrective
By February 1 of the actions taken..
following year for 4. Copy of operating limit
data collected monitoring data and any test
during the second reports..
half of the 5. Dates, times, and causes for
calendar year. monitor downtime incidents..
[[Page 100133]]
E. Qualified Operator Deviation Within 10 days of 1. Statement of cause of deviation Sec.
Notification. deviation. 2. Description of efforts to have 62.14720a(a)(1)
an accessible qualified operator..
3. The date a qualified operator
will be accessible..
F. Qualified Operator Deviation Every 4 weeks 1. Description of efforts to have Sec.
Status Report. following deviation. an accessible qualified operator. 62.14720a(a)(2).
2. The date a qualified operator
will be accessible..
3. Request for approval to
continue operation..
G. Qualified Operator Deviation Prior to resuming Notification that you are resuming Sec.
Notification of Resumed operation. operation. 62.14720a(b).
Operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of this part for the complete requirements.
Table 4 to Subpart IIIa of Part 62--Model Rule--Emission Limitations That Apply to Incinerators On and After
January 10, 2025
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ \2\ method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.0026 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 2 dry 29 of appendix A-8 to 40
meter. standard cubic meters). CFR part 60). Use
inductively coupled
plasma mass spectrometry
(ICPMS) for the
analytical finish.
Carbon monoxide................... 17 parts per million 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 10 of appendix A-4 to 40
run). CFR part 60).
Dioxins/furans (total mass basis). 4.6 nanograms per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 2 dry 23 of appendix A-7 to 40
standard cubic meters). CFR part 60).
Dioxins/furans (toxic equivalency 0.13 nanograms per 3-run average (collect a Performance test (Method
basis). dry standard cubic minimum volume of 2 dry 23 of appendix A-7 to 40
meter. standard cubic meters). CFR part 60).
Hydrogen chloride................. 29 parts per million 3-run average (for Method Performance test (Method
dry volume. 26 of appendix A-8 to 40 26 or 26A of appendix A-
CFR part 60, collect a 8 to 40 CFR part 60).
minimum volume of 60
liters per run; for
Method 26A of appendix A-
8 to 40 CFR part 60,
collect a minimum volume
of 1 dry standard cubic
meter per run).
Lead.............................. 0.015 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 2 dry 29 of appendix A-8 to 40
meter \2\. standard cubic meters). CFR part 60). Use ICPMS
for the analytical
finish.
Mercury........................... 0.0048 milligrams per 3-run average (for Method Performance test (Method
dry standard cubic 29 of appendix A-8 to 40 29 or 30B of appendix A-
meter. CFR part 60 an ASTM D6784- 8 to 40 CFR part 60) or
24,\3\ collect a minimum ASTM D6784-24.\3\ \4\
volume of 2 dry standard
cubic meters per run; for
Method 30B of appendix A-
8 to 40 CFR part 60,
collect a minimum sample
as specified in Method
30B).
Nitrogen oxides................... 53 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E of appendix A-4 to 40 7 or 7E of appendix A-4
CFR part 60, 1 hour to 40 CFR part 60).
minimum sample time per
run).
Particulate matter filterable..... 34 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 1 dry 5 of appendix A-3 to 40
standard cubic meter). CFR part 60 or Method 29
of appendix A-8 to 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 of appendix A-4
run). to 40 CFR part 60) or
ANSI/ASME PTC-19.10-
1981.\3\ \5\
Fugitive ash...................... Visible emissions for Three 1-hour observation Visible emission test
no more than 5% of periods. (Method 22 of appendix A-
the hourly 7 to 40 CFR part 60).
observation period.
----------------------------------------------------------------------------------------------------------------
\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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 62.14640a and 62.14665a. As prescribed in Sec. 62.14640a(u), if you use a CEMS or integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167, https://www.epa.gov. You may inspect a copy at
the National Archives and Records Administration (NARA). For information on the availability of this material
at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 100134]]
\4\ ASTM D6784-24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM
International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; (Phone: 1-877-
909-2786; website: https://www.astm.org/).
\5\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763;
website: https://www.asme.org/).
Table 5 to Subpart IIIa of Part 62--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
January 10, 2025
----------------------------------------------------------------------------------------------------------------
You must meet this emission
limitation \1\ Using this averaging And determining
For the air pollutant --------------------------------------- time \2\ compliance using
Liquid/gas Solids this method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium...................... 0.023 Biomass--0.0014 3-run average Performance test
milligrams per milligrams per dry (collect a minimum (Method 29 of
dry standard standard cubic volume of 2 dry appendix A-8 to 40
cubic meter. meter. Coal--0.0017 standard cubic CFR part 60). Use
milligrams per dry meters). ICPMS for the
standard cubic analytical finish.
meter.
Carbon monoxide.............. 35 parts per Biomass--260 parts 3-run average (1 Performance test
million dry per million dry hour minimum sample (Method 10 of
volume. volume. Coal--95 time per run). appendix A-4 to 40
parts per million CFR part 60).
dry volume.
Dioxins/furans (total mass 2.9 nanograms Biomass--0.52 3-run average Performance test
basis). per dry nanograms per dry (collect a minimum (Method 23 of
standard cubic standard cubic volume of 4 dry appendix A-7 to 40
meter. meter.\2\ Coal--5.1 standard cubic CFR part 60).
nanograms per dry meter).
standard cubic
meter.
Dioxins/furans (toxic 0.32 nanograms Biomass--0.12 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 to 40
meter. meter. Coal--0.075 standard cubic CFR part 60).
nanograms per dry meters).
standard cubic
meter.\2\
Hydrogen chloride............ 14 parts per Biomass--0.20 parts 3-run average (for Performance test
million dry per million dry Method 26 of (Method 26 or 26A
volume. volume. Coal--58 appendix A-8 to 40 of appendix A-8 to
parts per million CFR part 60, 40 CFR part 60).
dry volume. collect a minimum
of 120 liters; for
Method 26A of
appendix A-8 to 40
CFR part 60,
collect a minimum
volume of 1 dry
standard cubic
meter).
Lead......................... 0.096 Biomass--0.014 3-run average Performance test
milligrams per milligrams per dry (collect a minimum (Method 29 of
dry standard standard cubic volume of 2 dry appendix A-8 to 40
cubic meter. meter.\2\ Coal-- standard cubic CFR part 60). Use
0.057 milligrams meters). ICPMS for the
per dry standard analytical finish.
cubic meter.
Mercury...................... 0.0024 Biomass--0.0022 3-run average (for Performance test
milligrams per milligrams per dry Method 29 of (Method 29 or 30B
dry standard standard cubic appendix A-8 to 40 of appendix A-8 to
cubic meter. meter. Coal--0.013 CFR part 60 and 40 CFR part 60) or
milligrams per dry ASTM D6784-24,\3\ ASTM D6784-24.\3\
standard cubic collect a minimum \4\
meter. volume of 2 dry
standard cubic
meters per run; for
Method 30B of
appendix A-8 to 40
CFR part 60,
collect a minimum
sample as specified
in Method 30B).
Nitrogen oxides.............. 76 parts per Biomass--290 parts 3-run average (for Performance test
million dry per million dry Method 7E of (Method 7 or 7E of
volume. volume. Coal--460 appendix A-4 to 40 appendix A-4 to 40
parts per million CFR part 60, 1 hour CFR part 60).
dry volume. minimum sample time
per run).
Particulate matter filterable 110 milligrams Biomass--11 3-run average Performance test
per dry milligrams per dry (collect a minimum (Method 5 of
standard cubic standard cubic volume of 1 dry appendix A-3 to 40
meter. meter. Coal--130 standard cubic CFR part 60 or
milligrams per dry meter). Method 29 of
standard cubic appendix A-8 to 40
meter. CFR part 60) 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.
62.14670(x)) if the
unit has an annual
average heat input
rate greater than
250 MMBtu/hr.
Sulfur dioxide............... 720 parts per Biomass--7.3 parts 3-run average (1 Performance test
million dry per million dry hour minimum sample (Method 6 or 6c of
volume. volume. Coal--850 time per run). appendix A-4 to 40
parts per million CFR part 60); or
dry volume. ANSI/ASME PTC-19.10-
1981.\3\ \5\
Fugitive ash................. Visible Visible emissions Three 1-hour Visible emission
emissions for for no more than 5 observation periods. test (Method 22 of
no more than 5 percent of the appendix A-7 to 40
percent of the hourly observation CFR part 60).
hourly period.
observation
period.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 62.14640a and 62.14665a. As prescribed in Sec. 62.14640a(u), if you use a CEMS or integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167, https://www.epa.gov. You may inspect a copy at
the National Archives and Records Administration (NARA). For information on the availability of this material
at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
\4\ ASTM D6784-24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM
International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; (Phone: 1-877-
909-2786; website: https://www.astm.org/).
\5\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763;
website: https://www.asme.org/).
[[Page 100135]]
Table 6 to Subpart IIIa of Part 62--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After
January 10, 2025
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ \2\ method \2\ \3\
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.0014 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 2 dry 29 of appendix A-8 to 40
meter \2\. standard cubic meters). CFR part 60).
Carbon monoxide................... 110 (long kilns)/790 3-run average (1 hour Performance test (Method
(preheater/ minimum sample time per 10 of appendix A-4 to 40
precalciner) parts run). CFR part 60).
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 of appendix A-7 to 40
standard cubic meters). CFR part 60).
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 of appendix A-7 to 40
meter \2\. standard cubic meters). CFR part 60).
Hydrogen chloride................. 3.0 parts per million 3-run average (collect a If a wet scrubber or dry
dry volume \2\. minimum volume of 1 dry scrubber is used,
standard cubic meter) or performance test (Method
30-day rolling average if 321 of appendix A to 40
HCl CEMS is being used. CFR part 63). If a wet
scrubber or dry scrubber
is not used, HCl CEMS as
specified in Sec.
62.14670(j).
Lead.............................. 0.014 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 2 dry 29 of appendix A-8 to 40
meter \2\. standard cubic meters). CFR part 60).
Mercury........................... 0.011 milligrams per 30-day rolling average.... Mercury CEMS or
dry standard cubic integrated sorbent trap
meter. monitoring system
Or................... (performance
58 pounds/million specification 12A or
tons of clinker. 12B, respectively, of
appendix B to 40 CFR
part 60 and procedure 5
of appendix F to 40 CFR
part 60), as specified
in Sec. 62.14670(j).
Nitrogen oxides................... 630 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E of appendix A-4 to 40 7 or 7E of appendix A-4
CFR part 60, 1 hour to 40 CFR part 60).
minimum sample time per
run).
Particulate matter filterable..... 13.5 milligrams per 30-day rolling average.... PM CPMS (as specified in
dry standard cubic Sec. 62.14670(x)).
meter.
Sulfur dioxide.................... 600 parts per million 3-run average (for Method Performance test (Method
dry volume. 6 of appendix A-4 to 40 6 or 6c of appendix A-4
CFR part 60, collect a to 40 CFR part 60) or
minimum of 20 liters; for ANSI/ASME PTC-19.10-
Method 6C of appendix A-4 1981.\4\
to 40 CFR part 60, 1 hour
minimum sample time per
run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap
monitoring system 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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 62.14640a and 62.14665a. As prescribed in Sec. 62.14640a(u), if you use a CEMS or integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in Sec.
62.14640a(y)(3). They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS
requirements that otherwise may apply to the main kiln exhaust.
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] is incorporated
by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. This material is available for inspection at the U.S. Environmental Protection Agency (EPA)
and at the National Archives and Records Administration (NARA). Contact the EPA at: 1200 Pennsylvania Avenue
NW, Washington, DC 20460, (202) 272-0167, https://www.epa.gov. For information on the availability of this
material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected]. This material may be obtained from the American Society of Mechanical Engineers
(ASME), Two Park Avenue, New York, NY 10016-5990; phone: 1-800-843-2763; website: https://www.asme.org/).
Table 7 to Subpart IIIa of Part 62--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
After January 10, 2025
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ \2\ method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.95 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 29 of appendix A-8 to 40
meter. standard cubic meters per CFR part 60).
run).
Carbon monoxide................... 64 parts per million 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 10 of appendix A-4 to 40
run). CFR part 60).
[[Page 100136]]
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 of appendix A-7 to 40
meter. standard cubic meters per CFR part 60).
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 of appendix A-7 to 40
standard cubic meters). CFR part 60).
Fugitive ash...................... Visible emissions for Three 1-hour observation Visible emissions test
no more than 5 periods. (Method 22 of appendix A-
percent of the 7 to 40 CFR part 60).
hourly observation
period.
Hydrogen chloride................. 300 parts per million 3-run average (for Method Performance test (Method
dry volume. 26 of appendix A-8 to 40 26 or 26A of appendix A-
CFR part 60, collect a 8 to 40 CFR part 60).
minimum volume of 120
liters per run; for
Method 26A of appendix A-
8 to 40 CFR part 60,
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 of appendix A-8 to 40
meter. standard cubic meters). CFR part 60). Use ICPMS
for the analytical
finish.
Mercury........................... 0.0053 milligrams per 3-run average (for Method Performance test (Method
dry standard cubic 29 of appendix A-8 to 40 29 or 30B of appendix A-
meter. CFR part 60 and ASTM 8 to 40 CFR part 60) or
D6784-24,\3\ collect a ASTM D6784-24.\3\ \4\
minimum volume of 2 dry
standard cubic meters per
run; for Method 30B of
appendix A-8 to 40 CFR
part 60, collect a
minimum sample as
specified in Method 30B).
Nitrogen oxides................... 190 parts per million 3-run average (for Method Performance test (Method
dry volume. 7E of appendix A-4 to 40 7 or 7E of appendix A-4
CFR part 60, 1 hour to 40 CFR part 60).
minimum sample time per
run).
Particulate matter (filterable)... 270 milligrams per 3-run average (collect a Performance test (Method
dry standard cubic minimum volume of 1 dry 5 of appendix A-3 to 40
meter. standard cubic meters). CFR part 60 or Method 29
of appendix A-8 to 40
CFR part 60).
Sulfur dioxide.................... 150 parts per million 3-run average (for Method Performance test (Method
dry volume. 6 of appendix A-4 to 40 6 or 6c of appendix A-4
CFR part 60, collect a to 40 CFR part 60); or
minimum of 20 liters per ANSI/ASME PTC-19.10-
run; for Method 6C of 1981.\3\ \5\
appendix A-4 to 40 CFR
part 60, 1 hour minimum
sample time per run).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 62.14640a and 62.14665a. As prescribed in Sec. 62.14640a(u), if you use a CEMS or integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167, https://www.epa.gov. You may inspect a copy at
the National Archives and Records Administration (NARA). For information on the availability of this material
at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
\4\ ASTM D6784-24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM
International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; (Phone: 1-877-
909-2786; website: https://www.astm.org/).
\5\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763;
website: https://www.asme.org/).
[FR Doc. 2024-26650 Filed 12-10-24; 8:45 am]
BILLING CODE 6560-50-P