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

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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 1, 2000 (Volume 65, Number 232)]
[Rules and Regulations]
[Page 75337-75376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de00-15]

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Part II

Environmental Protection Agency

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40 CFR Part 60

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

[[Page 75338]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6905-1]
RIN 2060-AF91

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final standards and guidelines.

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

SUMMARY: We are promulgating standards and guidelines for new and
existing commercial and industrial solid waste incineration (CISWI)
units. These standards and guidelines fulfill the requirements of
sections 111 and 129 of the Clean Air Act (CAA), which require us to
promulgate standards and guidelines for CISWI units. The final
standards and guidelines will protect public health by reducing
exposure to air pollution, including several hazardous air pollutants
(HAP) that can cause toxic effects such as eye, nose, throat, and skin
irritation; reproductive effects; and cancer. These standards and
guidelines apply only to CISWI units burning nonhazardous wastes.

EFFECTIVE DATE: January 30, 2001.

ADDRESSES: Docket. Docket No. A-94-63 contains the supporting
information used in developing the final standards and guidelines and
is available for public inspection and copying between 8 a.m. and 5:30
p.m., Monday through Friday, at the Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460, telephone (202) 260-7548, fax (202) 260-
4000. The docket is available at the above address in Room M-1500,
Waterside Mall (ground floor, central mall). A reasonable fee may be
charged for copying.

FOR FURTHER INFORMATION CONTACT: Fred Porter, Combustion Group,
Emission Standards Division (MD-13), U.S. EPA, Research Triangle Park,
North Carolina 27711, (919) 541-5251, e-mail: porter.fred@epa.gov">.

SUPPLEMENTARY INFORMATION:
Background Information. A list of combustion related rules is
available on the Combustion Group website on the EPA Technology
Transfer Network website (TTN Web) at http://www.epa.gov/ttnatw01/
combust/list.html. You may obtain Federal Register notices, supporting
information, and docket indices for these combustion related rules.
Regulated Entities. These standards and guidelines affect the
following North American Industrial Classification System (NAICS) and
Standard Industrial Classification (SIC) codes:

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Category NAICS Code SIC Code Examples of potentially regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Any industry using a solid 325........................ 28........................ Manufacturers of chemicals and allied products.
waste incinerator as defined
in the regulations.
325........................ 34........................ Manufacturers of electronic equipment.
421........................ 36........................ Manufacturers of wholesale trade, durable goods.
321, 337................... 24, 25.................... Manufacturers of lumber and wood furniture.
--------------------------------------------------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists examples of the types of entities that could
be affected by this action. Other types of entities not listed in this
table could also be affected. To determine whether your facility,
company, business organization, etc., is regulated by this action, you
should carefully examine the applicability criteria in 40 CFR 60.2010
of subpart CCCC and 40 CFR 60.2505 of subpart DDDD.
Judicial Review. We proposed this rule for CISWI units in the
Federal Register on November 30, 1999 (64 FR 67092). This action
adopting a rule for CISWI units constitutes final administrative action
on that proposal. Under section 307(b)(1) of the CAA, judicial review
of this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by
January 30, 2001. Under section 307(d)(7)(B) of the CAA, only an
objection to this rule that was raised with reasonable specificity
during the period for public comment can be raised during judicial
review. Moreover, under section 307(b)(2) of the CAA, the requirements
established by today's final action may not be challenged separately in
any civil or criminal proceeding brought by the EPA to enforce these
requirements.
Organization of this Document. The following outline is provided to
aid in locating information in this preamble. With the exception of
section V, which covers various administrative requirements, each
section heading of the preamble is presented as a question, and the
text in the section answers the question.

I. Background Information

A. What information is covered in this preamble?
B. Where in the Code of Federal Regulations will these standards
and guidelines be codified?
C. What is the regulatory development background for these
standards and guidelines?
D. What is the statutory authority for these standards and
guidelines?
E. What are new source performance standards?
F. What are emission guidelines?
G. How are the emission guidelines implemented?

II. Summary of the NSPS and EG

A. Do the standards and guidelines apply to me?
B. What emission limitations must I meet?
C. What operating limits must I meet?
D. What are the other requirements?
E. What are the requirements for air curtain incinerators?

III. Significant Issues and Changes

A. Are very small municipal waste combustion units covered?
B. Are cyclonic barrel burners covered?
C. Has the definition of a CISWI unit or solid waste changed?
D. Which elements of the definition of solid waste have been
retained and clarified?
E. Were significant issues raised regarding EPA's approach to
setting the proposed standards and guidelines, and has EPA made any
changes?

IV. Impacts of the Final NSPS and EG

A. What are the air impacts for new units?
B. What are the air impacts for existing units?

V. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 13132: Federalism
C. Executive Order 13084: Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
E. Unfunded Mandates Reform Act
F. Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory

[[Page 75339]]

Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Congressional Review Act

Abbreviations and Acronyms Used in This Document

BDT Best demonstrated technology
Btu British thermal units
CAA Clean Air Act
CFR Code of Federal Regulations
CISWI Commercial and industrial solid waste incineration
EG Emission guidelines
EPA Environmental Protection Agency
FACA Federal Advisory Committee Act
FR Federal Register
HMIWI Hospital/medical/infectious waste incineration
HWI Hazardous waste incinerator
ICCR Industrial Combustion Coordinated Rulemaking
ICR Information Collection Request
kg/hr Kilograms per hour
lbs/hr Pounds per hour
MACT Maximum achievable control technology
mg/dscm Milligrams per dry standard cubic meter
Mg/yr Megagrams per year
MWC Municipal waste combustion
NAICS North American Industrial Classification System
ng/dscm Nanograms per dry standard cubic meter
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
ppm Parts per million
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act
TEQ Toxic equivalency
TTN Web Technology Transfer Network Website
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

I. Background Information

A. What Information is Covered in This Preamble?

We summarize the important features of the standards and guidelines
that apply to CISWI units in this preamble. The preamble also outlines
the significant issues and changes in response to public comments, the
environmental impacts of these standards and guidelines, and the
administrative requirements relative to this action.

B. Where in the Code of Federal Regulations Will These Standards and
Guidelines be Codified?

The Code of Federal Regulations (CFR) is a codification of the
general and permanent rules published in the Federal Register by the
Executive departments and agencies of the Federal Government. The code
is divided into 50 titles that represent broad areas subject to Federal
regulation. The final standards and guidelines for CISWI units will be
published in Title 40, Protection of the Environment. Part 60 of title
40 includes standards of performance for new stationary sources and
emission guidelines and compliance times for existing sources. The
table below lists the subparts in which the standards and guidelines
will be codified.

------------------------------------------------------------------------
Subpart in title 40, part
Title of the regulation 60
------------------------------------------------------------------------
Standards of Performance for New Stationary Subpart CCCC.
Sources: Commercial and Industrial Solid
Waste Incineration Units.
Emission Guidelines and Compliance Times Subpart DDDD.
for Commercial and Industrial Solid Waste
Incineration Units.
------------------------------------------------------------------------

C. What is the Regulatory Development Background for These Standards
and Guidelines?

Section 129 of the CAA requires us to develop new source
performance standards (NSPS) and emission guidelines (EG) for ``solid
waste incineration units combusting commercial or industrial waste.''
We refer to these units as ``commercial and industrial solid waste
incineration'' (CISWI) units. On December 28, 1994 (59 FR 66850), the
EPA published an advance notice of proposed rulemaking in the Federal
Register. That notice requested information and data concerning the
operation, location, emissions, and emission controls for CISWI units.
In September 1996, we chartered the Industrial Combustion
Coordinated Rulemaking (ICCR) advisory committee under the Federal
Advisory Committee Act (FACA). The committee's objective was to develop
recommendations for regulations for several combustion source
categories under sections 112 and 129 of the CAA. The ICCR advisory
committee, known as the Coordinating Committee, formed Source Work
Groups for the various combustor types covered under the ICCR. One work
group, the Incinerator Work Group, was formed to research issues
related to CISWI units. The Incinerator Work Group submitted
recommendations, information, and data analysis results to the
Coordinating Committee, which in turn considered them and submitted
recommendations and information to us. We have reviewed and considered
the Committee's recommendations in developing these regulations for
CISWI units. The Committee's 2-year charter expired in September 1998.
Pursuant to a February 1995 consent decree (as modified in July
1997), the Administrator was required to sign a notice of proposed
rulemaking for CISWI units by November 15, 1999 for publication in the
Federal Register. The consent decree also requires the Administrator to
sign a notice of final rulemaking for CISWI units by November 15, 2000
for publication in the Federal Register.
The proposed rule satisfies the first requirement in the consent
decree, and this final rule satisfies the second requirement.

D. What is the Statutory Authority for These Standards and Guidelines?

Section 129 of the CAA requires us to develop and adopt NSPS and EG
for CISWI units pursuant to section 111 of the CAA. Section 111(b)
requires us to establish NSPS for new sources, and section 111(d)
requires us to establish EG for existing sources. Under section 129,
the NSPS and EG adopted for CISWI units must reflect maximum achievable
control technology (MACT). This term ``MACT'' is defined in section 129
of the CAA as the maximum degree of reduction in emissions of air
pollutants that the Administrator determines is achievable, taking into
consideration the cost of achieving the reductions and any nonair
quality health and environmental impacts and energy requirements.

E. What are New Source Performance Standards?

The NSPS apply to new stationary sources, that is, sources whose
construction begins after the NSPS is proposed or sources that are
reconstructed or modified on or after a specified date. The following
are the key elements in an NSPS.
1. Source category means the industry or type of process that is
regulated. The source category in today's final standards is CISWI
units.
2. Affected facility means the equipment subject to the NSPS. The

[[Page 75340]]

affected facility in today's final standards is each individual CISWI
unit.
3. Pollutants means the particular air pollutants emitted by the
affected facility that the standards regulate. Section 129 requires us
to regulate nine pollutants: cadmium, carbon monoxide, dioxins/furans,
fine and total particulate matter, hydrogen chloride, lead, mercury,
oxides of nitrogen, and sulfur dioxide. Under section 129, opacity
standards may also be required as appropriate.
4. Maximum achievable control technology means the technology on
which the emission standards will be based. Section 129(a)(2) specifies
that standards be based on ``the maximum degree of reduction in
emissions . . . that the Administrator, taking into consideration the
cost of achieving such emission reduction, and any nonair quality
health and environmental impacts and energy requirements, determines is
achievable * * *. '' (Note that the basis of these solid waste
incineration standards is different from that of the typical NSPS under
section 111. The basis of the typical NSPS is ``best demonstrated
technology.'' These solid waste incineration NSPS are based on MACT
and, in this sense, therefore, are similar to national emission
standards for hazardous air pollutants (NESHAP) for new sources under
section 112.)
5. Format means the form in which the standards are expressed; for
example, as pollutant concentration emission limitations, as a percent
reduction in emissions, or as equipment or work practice requirements.
6. Standards generally means emission limitations based on the
level of reduction that the MACT can achieve. Under certain
circumstances, it may not be possible to develop emission limitations
if the level of performance cannot be identified. Only in unusual cases
do standards require that a specific technology be used. In general,
the source owner or operator may select any method for complying with
the emission limitations.
7. Other considerations. In addition to emission limitations, NSPS
usually include monitoring requirements, performance test methods and
compliance procedures, and reporting and recordkeeping requirements.
Section 129 also directs EPA to establish siting requirements for new
incineration units and operator certification and training requirements
for all units.

F. What Are Emission Guidelines?

The EG are similar to the NSPS, except that they apply to existing
sources, that is, sources whose construction begins on or before the
date the NSPS is proposed, or sources that are reconstructed or
modified before a specified date. Unlike NSPS, the EG are not
enforceable until EPA approves a State plan or adopts a Federal plan
for implementing and enforcing them, and the State or Federal plan
becomes effective. (Note that the basis of these solid waste
incineration guidelines is different from that of the typical EG under
section 111. The basis of the typical EG is ``best demonstrated
technology.'' These solid waste incineration EG are based on MACT and,
in this sense, therefore, are similar to national emission standards
for hazardous air pollutants (NESHAP) for existing sources under
section 112.)

G. How Are the Emission Guidelines Implemented?

When EG are promulgated under sections 111(d) and 129(b), the CAA
requires States to adopt and submit to EPA for approval a State plan
implementing the EG within 1 year after the promulgation of the EG
(section 129(b)(2)). Section 129 requires that the State plan must be
at least as protective as the EG and must provide for compliance by
affected facilities no later than 3 years after the Administrator
approves the State plan, but no later than 5 years after EPA
promulgates the EG. Sections 111(d) and 129(b) also require EPA to
develop, implement, and enforce a Federal plan if a State fails to
submit a satisfactory State plan.

II. Summary of the NSPS and EG

This preamble discusses the major requirements of the NSPS and EG
as they apply to you, the owner or operator of a new or existing CISWI
unit.

A. Do the Standards and Guidelines Apply to Me?

The standards and guidelines apply to you if you own or operate a
combustion device that combusts commercial and industrial waste (as
defined in Sec. 60.2265 of the NSPS and Sec. 60.2875 of the EG).
Commercial and industrial waste is solid waste combusted in an enclosed
device using controlled flame combustion without energy recovery that
is a distinct operating unit of any commercial or industrial facility
(including field-erected, modular, and custom built incineration units
operating with starved or excess air), or solid waste combusted in an
air curtain incinerator without energy recovery that is a distinct
operating unit of any commercial or industrial facility.
Fifteen types of combustion units, which are listed in Sec. 60.2020
of the NSPS and Sec. 60.2555 of the EG, are exempt from these standards
and guidelines.
If you began the construction of your CISWI unit on or before
November 30, 1999, it is considered an existing CISWI unit and is
subject to the EG. If you began the construction of your CISWI unit
after November 30, 1999, it is considered a new CISWI unit and is
subject to the NSPS.
If you began reconstruction or modification of your CISWI unit
prior to June 1, 2001, it is considered an existing CISWI unit and is
subject to the EG. Likewise, if you began reconstruction or
modification of your CISWI unit on or after June 1, 2001, it is
considered a new CISWI unit and is subject to the NSPS.

B. What Emission Limitations Must I Meet?

As the owner or operator of a new or existing CISWI unit, you are
required to meet the emission limitations specified in Table 1 of this
preamble. You must conduct a performance test to show compliance within
60 days after a new CISWI unit reaches the charge rate at which it will
operate, but no later than 180 days after the unit's initial startup.
As the owner or operator of an existing CISWI unit, you are
required to meet the emission limitations specified in Table 1 within 3
years after the Administrator approves the State plan or promulgates a
Federal plan. Each existing CISWI unit must be in compliance within 5
years of promulgation of the EG.

Table 1.--Emission Limitations for New and Existing CISWI Units
----------------------------------------------------------------------------------------------------------------
You must meet these emission
For these pollutants limitations ^a And determine compliance using these methods
-----------------------------------------------------------------------------------------^b----------------------
Cadmium........................... 0.004 mg/dscm................ EPA Method 29.
Carbon Monoxide................... 157 ppm by dry volume........ EPA Methods 10, 10A, or 10B.
Dioxins/Furans (TEQ basis)........ 0.41 ng/dscm................. EPA Method 23.
Hydrogen Chloride................. 62 ppm by dry volume......... EPA Method 26A.

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Lead.............................. 0.04 mg/dscm................. EPA Method 29.
Mercury........................... 0.47 mg/dscm................. EPA Method 29.
Opacity........................... 10 percent................... EPA Method 9.
Oxides of Nitrogen................ 388 ppm by dry volume........ EPA Methods 7, 7A, 7C, 7D, or 7E.
Particulate Matter................ 70 mg/dscm................... EPA Method 5 or 29.
Sulfur Dioxide.................... 20 ppm by dry volume......... EPA Method 6 or 6c.
----------------------------------------------------------------------------------------------------------------
^a All emission limitations (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions.
^b These methods are in 40 CFR part 60, appendix A.

C. What Operating Limits Must I Meet?

If you are using a wet scrubber to comply with the emission
limitations, you must establish the maximum and minimum site-specific
operating limits indicated in Table 2 of this preamble. You must then
operate the CISWI unit and wet scrubber so that the operating
parameters do not deviate from the established operating limits.

Table 2.--Operating Limits for New and Existing CISWI Units Using Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish these operating And monitor continuously using
For these operating parameters limits these recording times
----------------------------------------------------------------------------------------------------------------
Charge rate............................ Maximum charge rate................ Every hour.
Pressure drop across the wet scrubber, Minimum pressure drop or amperage.. Every 15 minutes.
or amperage to the wet scrubber.
Scrubber liquor flow rate.............. Minimum flow rate.................. Do.
Scrubber liquor pH..................... Minimum pH......................... Do.
----------------------------------------------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators,
which is determined on a daily basis.

If you are using an air pollution control device other than a wet
scrubber to comply with the emission limitations, you must petition the
Administrator for other site-specific operating limits to be
established during the initial performance test and continuously
monitored thereafter. The required components of the petition are
described in Sec. 60.2115 of the NSPS and Sec. 60.2680 of the EG.
If you are using a fabric filter to comply with the emission
limitations, in addition to other operating limits as approved by the
Administrator, you must operate the fabric filter system such that the
bag leak detection system alarm does not sound more than 5 percent of
the operating time during a 6-month period.

D. What are the other requirements?

As the owner or operator of a new or existing CISWI unit, you are
required to meet the following additional requirements.

Siting Analysis (new units only):
Submit a report that evaluates site-specific air pollution
control alternatives that minimize potential risks to public health or
the environment, considering costs, energy impacts, nonair
environmental impacts, or any other factors related to the
practicability of the alternatives.

Waste Management Plan:
Submit a written plan that identifies both the feasibility
and the methods used to reduce or separate certain components of solid
waste from the waste stream to reduce or eliminate toxic emissions from
incinerated waste.

Operator Training and Qualification Requirements:
Qualify operators or their supervisors (at least one per
facility) by ensuring that they complete an operator training course
and annual review or refresher course.

Testing Requirements:
Conduct initial performance tests for cadmium, carbon
monoxide, dioxins/furans, hydrogen chloride, lead, mercury, nitrogen
oxides, opacity, particulate matter, and sulfur dioxide and establish
operating limits (i.e., maximum or minimum values for operating
parameters).
Conduct annual performance tests for particulate matter
and hydrogen chloride emissions and opacity. (An owner or operator may
conduct less frequent testing if the facility demonstrates that it is
in compliance with the emission limitations for 3 consecutive years.)

Monitoring Requirements:
If using a wet scrubber to comply with the emission
limitations, continuously monitor the following operating parameters:
charge rate, pressure drop across the wet scrubber (or amperage), and
scrubber liquid flow rate and pH.
If something other than a wet scrubber is used to comply
with the emission limitations, monitor other operating parameters, as
approved by the Administrator.
If using a fabric filter to comply with the emission
limitations, in addition to monitoring other operating parameters as
approved by the Administrator, you must install and operate a bag leak
detection system with an alarm.

Recordkeeping and Reporting Requirements:
Maintain for 5 years records of the initial performance
tests and all subsequent performance tests, operating parameters, any
maintenance, the siting analysis (for new units only), and operator
training and qualification.
Submit the results of the initial performance tests and
all subsequent performance tests and values for the operating
parameters.

[[Page 75342]]

E. What Are the Requirements for Air Curtain Incinerators?

The NSPS and EG establish opacity limitations for air curtain CISWI
units burning:
100 percent wood wastes,
100 percent clean lumber, or
100 percent mixture of only wood waste, clean lumber, and/
or yard waste.
The opacity limitation is 10 percent, except 35 percent opacity is
allowed during startup periods that are within the first 30 minutes of
operation.

III. Significant Issues and Changes

A total of 95 comments letters were received during the public
comment period for the proposed CISWI rule, which ended on January 31,
2000. Among the comments received, the most significant issues
addressed applicability, the definition of solid waste, and the MACT
floor approach and emission limitations. The issues are addressed
below, and other issues raised in the comments are addressed in a
comment and response document contained in the docket.

A. Are very small municipal waste combustion units covered?

Commenters questioned whether very small municipal waste combustion
(MWC) units (i.e., units that combust less than 35 tons (31.8
megragrams (Mg)) of municipal solid waste per day) are covered by the
proposed NSPS and EG. We did not intend to cover very small MWC units,
and the final NSPS and EG have been clarified to ensure they are not
covered.
The intent of the NSPS and EG for CISWI units is to cover
incinerators burning commercial and industrial solid waste, not
combustors burning municipal solid waste.

B. Are cyclonic barrel burners covered?

Several commenters questioned whether cyclonic barrel burners are
covered by the proposed NSPS and EG. We did not intend to cover
cyclonic barrel burners, and the final NSPS and EG have been clarified
to ensure they are not covered.
A cyclonic barrel burner is a portable device for burning materials
that can be attached to a 55 gallon, open-head drum. The device
consists of a lid that fits onto the drum and is connected to a blower
that feeds combustion air to the drum in a cyclonic or swirling manner
to enhance the combustion of the material. We were not aware of the
small combustion devices when developing the proposed regulations, and,
as a result, had no information on the devices. Information on cyclonic
barrel burners is currently being gathered, and the devices will be
evaluated separately from the CISWI category.

C. Has the Definition of a CISWI Unit or Solid Waste Changed?

Section 129(g)(1) and (6) create a specialized definition of
``solid waste incineration unit'' that depends in part on the
definition of ``solid waste'' contained in section 1004(27) of the
Resource Conservation and Recovery Act (RCRA). The overall intent of
the CAA provisions is that section 129 rules are to apply to devices
conventionally regarded as incinerators, that is, devices burning
wastes in order to destroy the wastes. For purposes of promulgating
regulations applicable to commercial and industrial solid waste
incinerators, it is particularly important to distinguish between units
that will be regulated as boilers as well as other devices whose
primary purpose is energy recovery (such as process heaters), and
devices that will be regulated as incinerators under section 129 of the
CAA. The distinction is necessary to avoid dual regulation of the many
combustion units in use at commercial and industrial facilities that
function as energy recovery devices and may be subject to regulation
under other sections of the CAA.
Our proposed definitions of solid waste and CISWI unit reflected
this broad principle of distinguishing boilers and other energy
recovery devices from incinerators. However, as explained below, our
proposed definitions proved inadequate to distinguish boilers from
incinerators within the category of sources. Therefore, in the final
NSPS and EG, we have modified our definitions of solid waste and CISWI
unit.
For purposes of this rule, we are adopting a revised definition of
solid waste that reflects the definition in the Solid Waste Disposal
Act (SWDA) and which is reiterated in the regulation promulgated by the
Administrator pursuant to the SWDA. We emphasize that the definition is
adopted solely for purposes of section 129 in order to implement the
principles of that section. We note that the RCRA regulatory definition
of solid waste, which effectively determines the scope of the
regulatory program for hazardous wastes (since hazardous wastes are a
subset of solid wastes (see RCRA section 1004(5)), defines secondary
materials burned for energy recovery as solid wastes (40 CFR
261.2(c)(2)). The classification implements both an explicit directive
in RCRA to regulate wastes burned for energy recovery (RCRA sections
3004(q), (r) and (s)), as well as the RCRA statutory definition of
solid waste. See also Horsehead Resource Development Corp. v. Browner,
16 F. 3d 1246 (D.C. Cir. 1994) (upholding the rules implementing RCRA
section 3004(q)). We reemphasize that the final CISWI NSPS and EG in no
way affect those existing (and long-standing) RCRA provisions or
reflect any type of Agency decision about the permissible scope of the
RCRA statutory definition of solid waste. Our purpose here is only to
adapt that definition to reflect the regulatory purpose of CAA section
129.
Many commenters stated that the definitions of solid waste and
CISWI unit in the proposed NSPS and EG were too broad, and, therefore,
would inappropriately cover some boilers, process heaters, and possibly
other units that recover energy from the burning of fuels. The
commenters stated their belief that commercial and industrial
combustion units that recover energy were intended to be regulated
under section 112 of the CAA, and that only incinerators that burn
wastes for destruction alone were intended to be regulated as CISWI
units.
The comments pointed to two primary reasons why the proposed NSPS
and EG for CISWI units would inadvertently cover some units that
recover energy, such as boilers and process heaters. First, many
legitimate energy recovery units are physically separated from their
associated energy recovery systems. The units would not meet the
requirement that heat recovery must be part of a unit's ``integral''
design for it not to be considered a CISWI unit. Second, the universe
of materials burned for energy recovery is much broader than those
defined as ``fuels.'' For example, several of today's combustion
technologies and some new emerging technologies can burn materials for
energy recovery having heat values less than the proposed 5,000 British
thermal units per pound (Btu/lb) threshold for considering a material a
fuel.
As a result, the commenters suggested that the NSPS and EG for
CISWI units be changed so that units that recover energy not be
considered incinerators. Without such a change, units could be
regulated both as CISWI units under section 129 and as boilers, for
example, under section 112. Such a potential overlap in regulations
could create confusion as well as inconsistent and conflicting
regulatory requirements, according to some commenters.
We agree that units physically separated from their associated
energy recovery systems may be legitimate energy recovery devices.
Therefore, we

[[Page 75343]]

have deleted from the final NSPS and EG the requirement for energy
recovery to be part of the unit's ``integral'' design for it not to be
considered a CISWI unit. Additionally, we have added a definition of
energy recovery. Furthermore, we agree that several of today's
combustion technologies, including some emerging technologies, may be
capable of burning materials with a heat value of less than 5,000 Btu/
lb to recover energy. Therefore, we have deleted the requirement from
the definition of solid waste in the final NSPS and EG.
As we indicated in the preamble to the November 1999 proposal, the
main purpose of the proposed definition of nonhazardous solid waste was
to identify which materials when burned by CISWI units would be subject
to regulations developed under section 129, and which materials when
burned would be subject to regulations to be developed under section
112. Consideration of the above comments led us to conclude that the
proposed definitions of ``CISWI unit'' and ``solid waste'' created the
potential for overlap with rules we are developing under section 112,
such as the boiler MACT.
The primary difference between incinerators and boilers is that
incinerators burn materials for the purpose of disposal, whereas
boilers burn materials for the purpose of recovering energy. Thus, we
believe the concept of energy recovery is the key to distinguishing
between CISWI units (which will be regulated under section 129) and
boilers (which will be regulated under section 112). Specifically,
commercial and industrial units burning materials without energy
recovery are disposing of the materials, that is, they are treating
such materials as commercial or industrial waste, and they should be
regulated as CISWI units under section 129. In contrast, commercial and
industrial units burning materials with energy recovery, that is,
treating such materials as fuel, should be regulated under section 112.
In order to address the concerns raised by commenters, and to
provide a clear distinction between CISWI units and combustion devices
that will be covered by regulations promulgated under section 112 of
the CAA, we have included in the final NSPS and EG a definition of
``commercial and industrial waste.'' We define commercial and
industrial waste as any solid waste combusted in an enclosed device
using controlled flame combustion without energy recovery that is a
distinct operating unit of any commercial or industrial facility
(including field-erected, modular, and custom built incineration units
operating with starved or excess air), or solid waste combusted in an
air curtain incinerator without energy recovery that is a distinct
operating unit of any commercial or industrial facility.
With the changes, we believe the final NSPS and EG will avoid the
possibility of double coverage under section 129 and section 112.

D. Which Elements of the Definition of Solid Waste Have Been Retained
and Clarified?

For additional clarity, the exemptions from the CISWI rules for
units burning municipal solid waste, hospital/medical/infectious waste,
and hazardous wastes under the RCRA have been retained and are now
included in the applicability sections (Sec. 60.2020 of the NSPS;
Sec. 60.2555 of the EG). The solid waste definition refers to the
exemptions from the CISWI NSPS and EG. In addition, the exemption for
units that burn materials for the purpose of recovering their chemical
constituents is now included in the applicability sections of the CISWI
NSPS and EG. The exemption has also been expanded by increasing the
list of units that burn materials for the purpose of recovering their
chemical constituents. Owners or operators who believe their unit is
not a CISWI unit may petition the Administrator to add their unit to
the list.
Finally, one commenter stated that the definition of solid waste in
40 CFR part 261 applies to nonhazardous solid waste. Therefore, the
commenter believes that EPA must use that definition and is not free to
redefine solid waste for the purpose of section 129.
Section 129 does not define nonhazardous solid waste, but directs
EPA to use the meaning of solid waste established by the Administrator
pursuant to the SWDA. To develop and implement the hazardous waste
regulatory program authorized by the SWDA, the Administrator adopted a
definition of hazardous waste pursuant to the SWDA. It is true that 40
CFR part 261 defines solid waste; however, 40 CFR 261.1(b)(1) states
explicitly that the definition is only for the purpose of materials
that are hazardous wastes.
The Administrator has included in the final NSPS and EG the
definition of solid waste from the SWDA and is establishing the
definition jointly under the authority of the CAA and the SWDA. The
purpose of the definition is solely to identify nonhazardous solid
waste for the purpose of the CISWI regulations.

E. Were Significant Issues Raised Regarding EPA's Approach to Setting
the Proposed Standards and Guidelines, and Has EPA Made Any Changes?

The significant comments received on EPA's approach to setting the
standards and guidelines, and the changes that have been made in
response to these comments, are discussed below.
1. What Is EPA's General Approach to Setting the MACT Floors?
One commenter stated that EPA's technology-based approach to
determining the MACT floors is unlawful and that the resulting MACT
floors do not reasonably reflect the actual performance of the best
performing 12 percent of existing units or the expected performance of
the best controlled similar unit. Moreover, the commenter stated that
the ``worst emission test result for any unit using a particular
technology does not reasonably reflect the actual performance of the
best performing unit.'' As a result, the commenter concluded that the
MACT emission limitations are not as stringent as the CAA requires.
Generally, we disagree with the commenter for the following reasons.
Section 129(a)(2) of the CAA specifies that the emission
limitations for existing units shall not be less stringent than the
average emission limitation achieved by the best performing 12 percent
of units in the category, and for new units shall not be less stringent
than the emission control that is achieved in practice by the best
controlled similar unit. The emission limitation associated with the
above criteria for a pollutant is referred to as the ``MACT floor'' for
that pollutant. With respect to new units, EPA interprets ``achieved in
practice'' to mean achieved under the worst foreseeable circumstances,
consistent with National Lime Ass'n v. EPA, 627 F. 2d 416, 431 n.46 (DC
Cir. 1980). Moreover, EPA views the phrase ``best controlled similar
source'' as encompassing all units using the same control technology as
the unit with the best observed performance, rather than just that unit
itself. Consequently, the MACT floor for new units is based on the
highest data point from a unit using the ``best'' technology, since
such a value is a reasonable estimate of the performance of the ``best
controlled similar unit'' under the worst foreseeable circumstances.
The approach is reasonable because the most informative way to predict
the worst reasonably foreseeable performance of the best controlled
unit, with the available data, is to examine the

[[Page 75344]]

performance of other units that use the same control technology. In
other words, EPA considers all units with the same control technology
to be equally well controlled, and each unit with the best control
technology is a ``best controlled similar unit'' even if the emissions
test results from such units vary considerably.
As discussed at proposal, to determine the MACT floors for the
pollutants listed in section 129 of the CAA, we examined our CISWI unit
database to identify the various emission control technologies
(including the absence of emission control technology) that were in use
on CISWI units. We then ranked the technologies on a pollutant-by-
pollutant basis in terms of their emission control performance
capabilities. For example, wet scrubbers (and fabric filters in the
case of particulate emissions) were ranked higher than other
technologies because they are capable of greater emissions reductions.
Using the ranking of emission control technologies, we were able to
identify for each pollutant the best performing CISWI units. Because
comprehensive emission test data are not available for each of the best
performing CISWI units, we were unable to identify the specific
emission control performance achieved by each unit. As a result, we
considered the best performing CISWI units which used the same emission
control technology as equally well controlled.
We then examined the best performing 12 percent of CISWI units, as
well as the best performing CISWI unit, to identify the emission
control technology which represents the MACT floor for each pollutant
for existing and new CISWI units. For existing units, this was
accomplished by identifying the emission control technology used by the
median of the best performing 12 percent of units (i.e., the CISWI unit
representing the 94th percentile). (Because technologies cannot be
``averaged'' in the same way that numbers are averaged, the average
performance of the emission control technology used by the best
performing 12 percent of units is best represented by the technology in
the middle of the range of the best performing 12 percent of units,
i.e., the median.) Similarly, for new units, this was accomplished by
identifying the emission control technology used by the best performing
CISWI unit for each pollutant.
Using this approach, the emission control technology identified as
representing the MACT floor for each pollutant was determined to be the
same for both new and existing CISWI units. As discussed at proposal,
the use of a wet scrubbing system, or other equivalent emission control
technology (such as use of a fabric filter system for particulate
matter control), is the emission control technology which represents
the MACT floor for both existing and new CISWI units. The MACT floor
can be identified, therefore, by determining the emission limitations
which are achieved by wet scrubbing systems on CISWI units.
As a result, having identified the emission control technology
which represents the MACT floor, it was then necessary to determine the
emission limitations ``achieved'' by this emission control technology
for each pollutant. This determination is not, as this one commenter
appears to suggest, simply a matter of looking at the test results from
a single CISWI unit or generating a numerical average of the test data
from all CISWI units employing the MACT technology. Such an approach
fails to consider the inherent and unavoidable variability associated
with the incinerators in the CISWI category. Consequently, such an
approach does not accurately identify the actual emissions performance
of existing units that use the MACT technology, or the level of
performance which is achievable by a CISWI unit operating with this
emission control technology under the worst reasonably foreseeable
circumstances.
Examining emission data from a number of CISWI units using the same
emission control technology gives us the best picture of the actual
performance and the performance capability of this technology. It
enables us to take into consideration the inherent variability
associated with the incinerators in the CISWI category, and it allows
us to identify the emission limitations achieved in practice under the
worst reasonably foreseeable circumstances.
There are between 4 and 14 emission tests available for CISWI units
controlled by wet scrubbing systems for each pollutant (with the
exception of dioxins/furans, mercury, and hydrogen chloride, where
fewer tests are available). As expected, there is considerable
variation among the emission values from the emission tests for each
pollutant as a result of the unavoidable process and operational
variability within CISWI units (e.g., variations in waste combusted,
incinerator design and operation, etc.). Because this variability
occurs among all CISWI units and because there is no clear explanation
for this variability, it is reasonable to expect that there will always
be a variation in emissions among CISWI units controlled by wet
scrubbing systems.
Another way to view this emission variability among CISWI units is
to consider each emission test as a ``snapshot'' of actual performance
taken at one moment in time. Taken together, the snapshots provide a
picture of the unavoidable variation in emissions expected to occur and
recur over time at every similarly controlled CISWI unit. Absent
additional information, there is no reason to believe that any observed
emission value (i.e., the emission level measured during a test) from a
CISWI unit controlled with wet scrubbing could be prevented from
occurring at any other CISWI unit also controlled by wet scrubbing.
As a result, the most reasonable methodology for determining the
performance of wet scrubbing systems on CISWI units (i.e., the MACT
floor) is to examine the emission values for all similarly controlled
CISWI units (excluding any emission values from tests that did not
represent a proper functioning CISWI unit or wet scrubbing system).
Thus, for a given pollutant, the most reasonable estimate of the MACT
floor emission limitation ``achieved'' by the best performing 12
percent of CISWI units (or the best performing CISWI unit) is
represented by the highest emission value observed from a CISWI unit
using wet scrubbing.
We adopted this approach to ensure that the MACT floor emission
limitations represent, as accurately as possible, what the best
performing 12 percent of existing units is actually achieving, and what
the best performing CISWI unit can be reasonably expected to achieve.
Despite the commenters objections, we continue to believe that this is
the most appropriate methodology for evaluating the performance of
units in the CISWI category, given the inherent and unavoidable
variability in emissions among these units and the limited emissions
data available. Therefore, we continue using this approach to determine
the MACT floors.
2. Will EPA Allow Compliance on a Percent Reduction Basis?
Several commenters recommended that we include percent reduction
requirements for some pollutants, as alternatives to the emission
limitations, to accommodate the variability in emissions among CISWI
units.
As outlined above, we believe the emission limitations in the final
standards and guidelines reasonably incorporate the variability
associated with CISWI units using wet scrubbing systems (which is the
basis for MACT as well as the MACT floor). Thus, we do not believe that
alternative percentage

[[Page 75345]]

reduction requirements are necessary or would serve to provide emission
limitation alternatives more representative of the actual performance
of CISWI units. For these reasons, EPA is not including percent
reduction requirements in the final rule.
3. How did EPA Establish Emission Limitations for Dioxins/Furans,
Mercury, and Hydrogen Chloride?
Some commenters stated that the emission test data upon which
several of the MACT emission limitations were based at proposal were
extremely limited and, as a result, the limitations are not necessarily
achievable in practice because they may not be representative of actual
CISWI unit performance. Several of the commenters suggested that we
consider the use of emission data from rulemakings which establish
standards for sources that utilize similar emission control equipment
under conditions comparable to units in the CISWI category.
As discussed above, a number of emission tests from CISWI units
were available to determine the MACT emission limitations for most
pollutants. However, for three pollutants, dioxins/furans, mercury, and
hydrogen chloride, there were only one or two emission tests from CISWI
units. As we noted at proposal, such limited data may not provide a
sufficient basis to establish MACT emission limitations for the
pollutants in this category (particularly given the degree of
variability among CISWI units). Consequently, we decided not to rely
only on the emission tests to determine the MACT emission limitations
for the three pollutants.
While the provisions of section 129 identify a general minimum
stringency for MACT emission limitations, there is nothing about how
MACT emission limitations are to be calculated, that is, the provisions
do not identify a specific procedure or type of information that EPA
must use. Thus, we generally have wide latitude in determining the
extent of data gathering necessary to establish emission limitations.
We believe it is appropriate to use any data available (such as
emission test results, operating permit limitations, engineering
calculations, control equipment specifications, or other reliable
information) that provide information useful for generating a
reasonable estimate of the performance of units within a category.
Accordingly, where the emission data from units within a category
are incomplete, we may augment our analysis with supplementary
information to determine MACT emission limitations. Provided that the
augmented emission data we use to generate the MACT emission
limitations provide a good proxy for the best performing units in the
category, it is irrelevant that the actual test data available from
units in the category are incomplete. Similarly, if our analysis
provides a reasonable representation of the actual performance of units
in the category, we may consider relevant supplemental information from
any available source. Courts have ruled that EPA need not invest
resources to conduct the perfect study, provided that our approach
bears a rational relationship to the reality it purports to represent
(See Sierra Club v. EPA, 167 F. 3d 658, 663 (D.C. Cir. 1999)).
Thus, because emission data for dioxins/furans, mercury, and
hydrogen chloride emissions from CISWI units controlled by wet
scrubbing systems are extremely limited, we have augmented the data
with emission data from similarly controlled units outside of the CISWI
category. This approach allows us to better characterize the actual
dioxins/furans, mercury, and hydrogen chloride emission limitations
achieved by units in the CISWI category by providing additional
information regarding the performance of wet scrubbers under conditions
similar to those experienced by CISWI units.
Hazardous waste incinerator (HWI) units without waste heat recovery
that are controlled with wet scrubbing systems serve as a valuable
source of supplementary data for emissions of dioxins/furans. (Units in
the CISWI category that were used to establish the emission limitations
did not incorporate waste heat recovery, and it is not the intent of
this rulemaking to cover such units.) These types of HWI units are
generally similar to CISWI units that are controlled by wet scrubbing
systems. Thus, it is reasonable to conclude that the emissions
performance of HWI units without waste heat boilers and controlled with
wet scrubbing systems is comparable to that of CISWI units controlled
with wet scrubbing systems.
As a result, we combined dioxins/furans emission data from HWI
units without waste heat recovery boilers and controlled with wet
scrubbing systems with the dioxins/furans emission data for CISWI units
controlled with wet scrubbing systems. We then determined the MACT
emission limitation for dioxins/furans as discussed above. The
resulting emission limitation included in the final NSPS and EG is 0.41
nanograms per dry standard cubic meter (ng/dscm) toxic eqivalency (TEQ)
(Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units; Notice of Data Availability, August 28, 2000, 65 FR
52058).
Unfortunately, with respect to the other two pollutants for which
CISWI test data are extremely limited (mercury and hydrogen chloride),
it is inappropriate to use emission data from HWI units to supplement
the CISWI unit data. The mercury and hydrogen chloride emission data
available from HWI units are based on the use of a different emission
control technology than wet scrubbing systems, and this prevents us
from combining mercury and hydrogen chloride emission data from HWI
units with that from CISWI units. Since appropriate HWI data were not
available, we identified another source of data to augment mercury and
hydrogen chloride emission data from CISWI units controlled by wet
scrubbing systems.
Hospital, medical, and infectious waste incinerator (HMIWI) units
controlled with wet scrubbing systems serve as a valuable source of
supplementary data for mercury and hydrogen chloride. Those HMIWI units
are also generally similar to CISWI units that are controlled by wet
scrubbing systems. Thus, it is reasonable to conclude that the mercury
and hydrogen chloride emission performance achieved by HMIWI units
controlled with wet scrubbing systems is comparable to that of CISWI
units controlled with wet scrubbing systems.
As a result, we combined mercury and hydrogen chloride emission
data from HMIWI units controlled with wet scrubbing systems with the
mercury and hydrogen chloride emission data from CISWI units controlled
with wet scrubbing systems. We then determined the emission limitations
for mercury and hydrogen chloride as discussed above. The resulting
emission limitations included in the final NSPS and EG are 0.47 mg/dscm
for mercury and 62 parts per million by volume, dry basis (ppmdv) for
hydrogen chloride (Standards of Performance for New Stationary Sources
and Emission Guidelines for Existing Sources: Commercial and Industrial
Solid Waste Incineration Units; Notice of Data Availability, August 28,
2000, 65 FR 52058).
This process for augmenting the CISWI data with appropriate HWI or
HMIWI data results in dioxins/furans, mercury, and hydrogen chloride
emission limitations which more accurately represent the levels of such
emissions actually achieved by CISWI units employing the MACT
technology

[[Page 75346]]

(wet scrubbing systems). This approach to developing the emission
limitations provides a reasonable proxy for the actual performance of
the best performing CISWI units and is the most appropriate method,
under the circumstances, for EPA to identify the emission limitations
that are achieved by such units.

(Note: While we believe that emission data for dioxins/furans,
mercury, and hydrogen chloride from the HWI and HMIWI categories are
useful for augmenting the CISWI data where insufficient CISWI
emission data are available, we do not believe that HWI, HMIWI, and
CISWI units should generally be characterized as similar units for
the purpose of determining MACT emission limitations for all CISWI
pollutants.)
4. How did EPA Establish Emission Limitations for Lead and Cadmium?
In reviewing the CISWI database to address comments following
proposal, we found that, despite our earlier efforts to rigorously
screen the database, the unit responsible for the highest recorded
emissions of lead and cadmium (which drove the MACT emission
limitations for the pollutants) was not a CISWI unit. As a result, this
unit was removed from the CISWI database, resulting in a change in the
lead and cadmium MACT emission limitations. Following the methodology
outlined above, the final MACT emission limitations included in the
final NSPS and EG are 0.04 mg/dscm for lead and 0.004 mg/dscm for
cadmium.

IV. Impacts of the Final NSPS and EG

The air impacts of the NSPS and EG were reestimated as a result of
revising the emission limitations for new and existing CISWI units.
Because the estimates of water, solid waste, energy, cost, and economic
impacts depend solely on the technology upon which the MACT limits are
based, and because the technology remains the same as proposed, there
were no changes in other impacts.

A. What Are the Air Impacts for New Units?

To illustrate the potential emissions reductions achieved by the
NSPS with respect to new CISWI units, we modeled hypothetical CISWI
units with capacities of 100 and 1,500 pounds per hour (lb/hr) (45 and
680 kilograms per hour (kg/hr)) and estimated the impacts associated
with application of wet scrubbers. The resulting impact estimates
(i.e., the difference in emissions between a CISWI unit with a wet
scrubber and an uncontrolled CISWI unit) are presented in Table 3 of
this preamble.

Table 3.--Emissions Reductions on a Model Unit Basis
----------------------------------------------------------------------------------------------------------------
Emissions Reduction, tons/yr (Mg/yr)
-------------------------------------------------------------------
Pollutant 100 lb/hr 1500 lb/hr
-------------------------------------------------------------------
(45 kg/hr) Capacity (680 kg/hr) Capacity
----------------------------------------------------------------------------------------------------------------
Cadmium..................................... 1.5 x 10 ^-5 (1.4 x 10 ^-5) 3.1 x 10 ^-4 (2.8 x 10 ^-4)
Dioxins/furans (TEQ)........................ 2.0 x 10 ^-9 (1.8 x 10 ^-9) 4.2 x 10 ^-8 (3.9 x 10 ^-8)
Hydrogen chloride........................... 1.5 (1.4) 32.3 (29.3)
Lead........................................ 1.9 x 10 ^-4 (1.7 x 10 ^-4) 4.0 x 10 ^-3 (3.6 x 10 ^-3)
Mercury..................................... 6.5 x 10 ^-4 (5.9 x 10 ^-4) 0.01 (0.01)
Particulate matter.......................... 0.50 (0.45) 10.8 (9.8)
Sulfur dioxide.............................. 0.38 (0.35) 7.9 (7.2)
----------------------------------------------------------------------------------------------------------------

B. What are the air impacts for existing units?

Table 4 of this preamble summarizes the national air emission
impacts of the EG. The impacts are expressed in two ways. First, the
impacts are expressed as annual nationwide mass emissions reductions;
and second, as percent reductions compared to current estimated
national emissions for existing CISWI units.

Table 4.--Emissions Reductions for Existing CISWI Units
----------------------------------------------------------------------------------------------------------------
National Emissions Reduction
Pollutant ---------------------------------- Percent ¹
Tons/yr (Mg/yr)
----------------------------------------------------------------------------------------------------------------
Cadmium........................................................... 0.01 (0.01) 56
Dioxins/furans (TEQ).............................................. 1.8 x 10 ^-6 (1.6 x 10 ^-6) 65
Hydrogen chloride................................................. 1315 (1193) 89
Lead.............................................................. 0.15 (0.14) 62
Mercury........................................................... 0.56 (0.51) 34
Particulate matter................................................ 409 (371) 71
Sulfur dioxide.................................................... 324 (294) 72
----------------------------------------------------------------------------------------------------------------
\1\ Percent reduction from current (baseline) emissions.

V. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant'' and,
therefore, subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affects in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or

[[Page 75347]]

(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified us
that it considers this a ``significant regulatory action'' within the
meaning of the Executive Order. As a result, we submitted this action
to OMB for review. Changes made in response to OMB suggestions or
recommendations are documented in the public record.
Section 129 of the CAA requires EPA to adopt NSPS and EG for CISWI
units. These NSPS and EG must be based on MACT, which is defined as the
maximum degree of reduction in emissions of air pollutants, taking into
consideration the cost of achieving the reductions and any nonair
quality health and environmental impacts and energy requirements, that
the Administrator determines is achievable. The MACT for the NSPS must
be no less stringent than the emission reduction achieved by the best
controlled source, and MACT for the EG must be no less stringent that
the emission reduction achieved by the average of the best controlled
12 percent of sources. These minimum requirements are referred to as
the floor, and more stringent requirements are referred to as beyond-
the-floor.
To determine MACT, we examined two alternatives. The first
reflected the floor (i.e., wet scrubbing); the second reflected a
beyond-the-floor option (i.e., wet scrubbing followed by carbon
injection and a fabric filter). Taking into consideration the cost of
achieving the emission reductions and any nonair quality health and
environmental impacts and energy requirements, the Administrator
determined that the first alternative is MACT.
The total national annualized cost impact of this regulatory action
is estimated as $11.6 million per year, assuming those CISWI units
currently operating without wet scrubbers would install wet scrubbers
in order to comply with the emission limits in the NSPS and EG. As a
result, emissions (consisting primarily of hydrogen chloride,
particulate matter, and sulfur dioxide) would be reduced by 2048 tons
per year.

B. Executive Order 13132: Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires us to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, we may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or we consult
with State and local officials early in the process of developing the
regulation. We also may not issue a regulation that has federalism
implications and that preempts State law unless we consult with State
and local officials early in the process of developing the proposed
regulation.
If we comply by consulting, Executive Order 13132 requires us to
provide to the OMB, in a separately identified section of the preamble
to the rule, a federalism summary impact statement. The federalism
summary impact statement must include a description of the extent of
our prior consultation with State and local officials, a summary of the
nature of their concerns and our position supporting the need to issue
the regulation, and a statement of the extent to which the concerns of
State and local officials have been met. Also, when we transmit a draft
final rule with federalism implications to OMB for review pursuant to
Executive Order 12866, we must include a certification from the
agency's federalism official stating that we have met the requirements
of Executive Order 13132 in a meaningful and timely manner.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132. This rule
establishes national performance standards and other requirements for
certain solid waste incineration units. We are required by section 129
of the CAA, 42 U.S.C. 7429, to establish the standards and guidelines
embodied in this rule. This regulation primarily affects private
industry and does not impose significant economic costs on State or
local governments. The standards established by this rule apply to new
facilities that operate commercial or industrial incineration units
(and the owners or operators of such facilities) and require States to
submit State plans that include standards applicable to existing
incineration units that are at least as protective as the standards
specified in the rule. If a State does not submit an approvable plan,
any covered incineration units in that State will become subject to a
Federal plan to implement this rule. The regulation does not include an
express provision preempting State or local regulations. However, once
a State or Federal plan is in effect, covered facilities would be
subject to the standards established by this rule, regardless of any
less protective State or local regulations that contain emission
limitations for the pollutants addressed by this rule. To the extent
that this might preempt State or local regulations, it does not
significantly affect the relationship between the national government
and the States, or the distribution of power and responsibilities among
the various levels of government. Thus, the requirements of section 6
of the Executive Order do not apply to this rule; and we have complied
with the requirements of section 4(e), to the extent that they may be
applicable to the regulations, by providing notice to potentially
affected State and local officials through publication of this rule.
Although section 6 of Executive Order 13132 does not apply to this
rule, we consulted with representatives of State and local governments
to enable them to provide meaningful and timely input into the
development of this rule. This consultation took place during the ICCR
FACA committee meetings, where members representing State and local
governments participated in developing recommendations for our
combustion-related rulemakings, including this rule. Additionally, we
sponsored the Small Communities Outreach Project, which involved
meetings with elected officials and other government representative to
provide them with information about this rule and to solicit their
comments. The concerns raised by representatives of State and local
governments were considered during the development of this rule.

C. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments

Under Executive Order 13084, we may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance

[[Page 75348]]

costs incurred by the tribal governments, or we consult with those
governments. If we comply by consulting, Executive Order 13084 requires
us to provide to OMB, in a separately identified section of the
preamble to the rule, a description of the extent of our prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires us to develop an effective process permitting elected
officials and other representatives of Indian tribal governments to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.
Today's final rule does not significantly or uniquely affect the
communities of Indian tribal governments. We know of no CISWI units
owned by Indian tribal governments. However, if there are any, the
effect of these rules on communities of tribal governments would not be
unique or disproportionate to the effect on other communities.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply.

D. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks

Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that we determine: (1) Is ``economically significant'' as defined
under Executive Order 12866, (2) is based on health or safety risks,
and (3) for which we have reason to believe may disproportionately
affect children. If the regulatory action meets these criteria, we must
evaluate the environmental health or safety effects of the planned rule
on children and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives we
considered.
We interpret Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This final rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. Additionally, this final
rule is not economically significant as defined by Executive Order
12866.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, we
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year.
Before promulgating a rule for which a written statement is needed,
section 205 of the UMRA generally requires us to identify and consider
a reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows us to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted.
Before we establish any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, we must develop under section 203 of the UMRA a small
government agency plan. The plan must provide for notifying potentially
affected small governments, thereby enabling officials of affected
small governments to have meaningful and timely input in the
development of the regulatory proposal with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
We have determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. Thus, this rule is not subject to the
requirements of sections 202 and 205 of the UMRA. Additionally, we have
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments.

F. Regulatory Flexibility Act (RFA) as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The RFA generally requires Federal agencies to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements, unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include businesses, small not-for-profit
enterprises, and small governmental jurisdictions. For purposes of
assessing the impacts of today's rule on small entities, a small entity
is defined as: (1) a small business who has less than 500 employees,
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000, and (3) a small organization that is any not-for-
profit enterprise that is independently owned and operated and is not
dominant in its field. The SBA guidelines define a small business based
on number of employees or annual revenues, and the size standards vary
from industry to industry. Generally, businesses covered by the
Standard Industry Codes (SIC) affected by this final rule are
considered small if they have less than 500 employees or less than $5
million in annual sales.
The regulation will affect 112 existing facilities owned by 90
parent companies. Based on Small Business Administration guidelines, 26
of the companies are small businesses. The lumber and wood products
industry includes the largest number (seven) of the small businesses,
followed by fabricated metals, veterinary hospitals (burning less than
90 percent pathological waste), and wholesale trade sectors with three
companies each. The remaining small businesses are distributed across
six different industries. If add-on controls are employed to meet the
standards, a total of 15 small businesses have cost-to-sales ratios
greater than 1 percent; and of the 15 small businesses, 9 have cost-to-
sales ratios that exceed 3 percent (ranging from 3.4 to 27.7 percent
with a median of 4 percent). The nine entities with cost-to-sales
ratios greater than three percent incinerate relatively small amounts
of material. Therefore, it is reasonable to assume the businesses will
seek an alternative method of disposal rather than bearing the cost of
installing add-on equipment. Since the median amount of material
incinerated by the nine companies is only about 50 tons per year, the
alternative net cost for sending waste to a landfill for many of the
facilities is expected to be less than the control costs, based on an
estimated total alternative disposal cost (i.e., transportation and
storage costs plus tipping fee) of about $58 per ton. The cost of using
an off-site landfill for the median amount of material is estimated to
be about $2,900 per year. Thus, it

[[Page 75349]]

may be economically feasible for some of these small entities to switch
to an alternative disposal method, such as off-site landfills, and
lower their net compliance costs.
Based on the low number of affected small entities in each
individual market, the alternative method of waste disposal available,
and the relatively low control cost, this analysis suggests that the
regulation should not generate a significant small business impact on a
substantial number of small entities in the commercial and industrial
sectors. EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. EPA
has also determined that this rule wil not have a significant economic
impact on a substantial number of small entities.

G. Paperwork Reduction Act

The information collection requirements in this final rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
documents have been prepared (ICR No. 1926.02 for subpart CCCC and
1927.02 for subpart DDDD), and copies may be obtained from Sandy Farmer
by mail at U.S. Environmental Protection Agency, Office of
Environmental Information, Collection Strategies Division (2822), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
farmer.sandy@epa.gov, or by calling (202) 260-2740. Copies may also be
downloaded from the internet at http://www.epa.gov/icr.
The NSPS and EG contain monitoring, reporting, and recordkeeping
requirements. The information will be used to identify new, modified,
or reconstructed incineration units subject to the NSPS and to ensure
that new incineration units undergo a siting analysis and that the
analysis is reviewed by the public. Records and reports are necessary
to enable us to identify waste incineration units that may not be in
compliance with the requirements. Based on reported information, we
would decide which units and what records or processes should be
inspected.
These recordkeeping and reporting requirements are specifically
authorized by section 114 of the CAA (42 U.S.C. 7414). All information
submitted to us for which a claim of confidentiality is made will be
safeguarded according to our policies in 40 CFR part 2, subpart B,
Confidentiality of Business Information.
The estimated average annual burden for the first 3 years after
promulgation of the NSPS for industry and the implementing agency is
outlined below.

----------------------------------------------------------------------------------------------------------------
Capital
Affected entity Total hours Labor costs costs O&M costs Total costs
----------------------------------------------------------------------------------------------------------------
Industry................................. 11,209 $685,269 $13,440 $1,266 $699,975
Implementing agency...................... 794 $32,608 0 0 $32,608
----------------------------------------------------------------------------------------------------------------

We expect the NSPS to affect 18 CISWI units over the first 3 years,
based on the assumption that six existing units will be replaced by six
new units each year. We estimate the total annualized capital and
startup costs for these new units to be $13,440. Continuous parameter
monitoring equipment would be required for new units. When a wet
scrubber is used to meet the emission limitation, monitoring equipment
must be installed to monitor maximum charge rate, minimum pressure drop
across the wet scrubber (or minimum amperage), minimum scrubber liquor
flow rate, and minimum scrubber liquor pH. The estimated total
operation, maintenance, and purchase costs for the monitoring equipment
averaged over the first 3 years are expected to be $1,266. The
implementing agency would not incur any capital or startup costs.
The estimated average annual burden for the first 3 years after
promulgation of the emission guidelines for industry and the
implementing agency is outlined below.

----------------------------------------------------------------------------------------------------------------
Capital
Affected entity Total hours Labor costs costs O&M costs Total costs
----------------------------------------------------------------------------------------------------------------
Industry................................. 9,145 $407,067 $0 $0 $407,067
Implementing agency...................... 1,817 $48,386 0 0 $48,386
----------------------------------------------------------------------------------------------------------------

We expect the EG to affect a maximum of 116 units over the first 3
years. We assume that six existing units will be replaced by six new
units each year. There are no capital, startup, or operation and
maintenance costs for existing units during the first 3 years. The
implementing agency would not incur any capital or startup costs.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for our
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and Advancement Act

As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No.
104-113, section 12(d) (15 U.S.C. 272 note), directs us to use
voluntary consensus standards in our regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs us to provide Congress, through
OMB, explanations when we decide not to use available and applicable
voluntary consensus standards.
Consistent with the NTTAA, we conducted searches to identify
voluntary consensus standards for use in process and emissions
monitoring.

[[Page 75350]]

The search for emissions monitoring procedures identified six voluntary
consensus standards that appeared to have possible use in lieu of our
standard reference methods. However, after reviewing available
standards, we determined that these candidate consensus standards would
not be practical due to the potential lack of equivalency,
documentation, validation data and other important technical and policy
considerations. These six candidate consensus standards are under
development and we plan to follow, review and consider adopting them at
a later date.

I. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. We will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective January 30, 2001.

List of Subjects in 40 CFR Part 60

Environmental protection, Air pollution control, Carbon monoxide,
Metals, Nitrogen dioxide, Particulate matter, Sulfur oxides, Waste
treatment and disposal.

Dated: November 15, 2000.
Carol M. Browner,
Administrator.

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

PART 60--[AMENDED]

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

Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

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

Subpart CCCC--Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units for Which Construction Is
Commenced After November 30, 1999 or for Which Modification or
Reconstruction Is Commenced on or After June 1, 2001.

Sec.

Introduction

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

Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2025 What if my chemical recovery unit is not listed in
Sec. 60.2020(n)?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of the new source performance
standards apply at the same time?

Preconstruction Siting Analysis

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

Waste Management Plan

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

Operator Training and Qualification

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

Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber to comply with the
emission limitations?
60.2120 What happens during periods of startup, shutdown, and
malfunction?

Performance Testing

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

Initial Compliance Requirements

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

Continuous Compliance Requirements

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

Monitoring

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

Recordkeeping and Reporting

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

Title V Operating Permits

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

Air Curtain Incinerators

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

Definitions

60.2265 What definitions must I know?

Tables to Subpart CCCC

Table 1 to Subpart CCCC--Emission Limitations

[[Page 75351]]

Table 2 to Subpart CCCC--Operating Limits for Wet Scrubbers
Table 3 to Subpart CCCC--Toxic Equivalency Factors
Table 4 to Subpart CCCC--Summary of Reporting Requirements

Introduction

Sec. 60.2000 What does this subpart do?

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

Sec. 60.2005 When does this subpart become effective?

This subpart takes effect on June 1, 2001. Some of the requirements
in this subpart apply to planning the CISWI unit and must be completed
even before construction is initiated on the CISWI unit (i.e., the
preconstruction requirements in Secs. 60.2045 and 60.2050). Other
requirements such as the emission limitations and operating limits
apply after the CISWI unit begins operation.

Applicability

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

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

Sec. 60.2015 What is a new incineration unit?

(a) A new incineration unit is an incineration unit that meets
either of the two criteria specified in paragraph (a)(1) or (2) of this
section.
(1) Commenced construction after November 30, 1999.
(2) Commenced reconstruction or modification on or after June 1,
2001.
(b) This subpart does not affect your incineration unit if you make
physical or operational changes to your incineration unit primarily to
comply with the emission guidelines in subpart DDDD of this part
(Emission Guidelines and Compliance Times for Commercial and Industrial
Solid Waste Incineration Units). Such changes do not qualify as
reconstruction or modification under this subpart.

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

This subpart exempts fifteen types of units described in paragraphs
(a) through (o) of 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. 60.2265 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(a)(1) and (2) of this section.
(1) Notify the Administrator that the unit meets these criteria.
(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) Agricultural 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
agricultural wastes as defined in Sec. 60.2265 are not subject to this
subpart if you meet the two requirements specified in paragraphs (b)(1)
and (2) of this section.
(1) Notify the Administrator that the unit meets these criteria.
(2) Keep records on a calendar quarter basis of the weight of
agricultural waste burned, and the weight of all other fuels and wastes
burned in the unit.
(c) Municipal waste combustion units. Incineration units that meet
either of the two criteria specified in paragraph (c)(1) or (2) of this
section.
(1) Are regulated under subpart Ea of this part (Standards of
Performance for Municipal Waste Combustors); subpart Eb of this part
(Standards of Performance for Municipal Waste Combustors for Which
Construction is Commenced After September 20, 1994); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors that are Constructed on or Before September 20, 1994); AAAA
of this part (Standards of Performance for New Stationary Sources:
Small Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Existing Stationary Sources: Small Municipal
Waste Combustion Units).
(2) Burn greater than 30 percent municipal solid waste or refuse-
derived fuel, as defined in subpart Ea, subpart Eb, subpart AAAA, and
subpart BBBB of this part, and that have the capacity to burn less than
35 tons (32 megagrams) per day of municipal solid waste or refuse-
derived fuel, if you meet the two requirements in paragraphs (c)(2)(i)
and (ii) of this section.
(i) Notify the Administrator that the unit meets these criteria.
(ii) Keep records on a calendar quarter basis of the weight of
municipal solid waste burned, and the weight of all other fuels and
wastes burned in the unit.
(d) Medical waste incineration units. Incineration units regulated
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is
Commenced After June 20, 1996) or subpart Ce of this part (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators).
(e) Small power production facilities. Units that meet the three
requirements specified in paragraphs (e)(1) through (3) 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 notify the Administrator that the unit meets all of these
criteria.
(f) Cogeneration facilities. Units that meet the three requirements
specified in paragraphs (f)(1) through (3) of this section.
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes.
(3) You notify the Administrator that the unit meets all of these
criteria.
(g) Hazardous waste combustion units. Units that meet either of the
two criteria specified in paragraph (g)(1) or (2) of this section.
(1) Units for which you are required to get a permit under section
3005 of the Solid Waste Disposal Act.
(2) Units regulated under subpart EEE of 40 CFR part 63 (National
Emission Standards for Hazardous Air Pollutants from Hazardous Waste
Combustors).
(h) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(i) Air curtain incinerators. Air curtain incinerators that burn
only the materials listed in paragraphs (i)(1) through (3) of this
section are only required to meet the requirements under ``Air Curtain
Incinerators'' (Secs. 60.2245 through 60.2260).
(1) 100 percent wood waste.

[[Page 75352]]

(2) 100 percent clean lumber.
(3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
(j) Cyclonic barrel burners. (See Sec. 60.2265)
(k) Rack, part, and drum reclamation units. (See Sec. 60.2265)
(l) Cement kilns. Kilns regulated under subpart LLL of part 63 of
this chapter (National Emission Standards for Hazardous Air Pollutants
from the Portland Cement Manufacturing Industry).
(m) Sewage sludge incinerators. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
(n) Chemical recovery units. 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. The seven types of units described in
paragraphs (n)(1) through (7) of this section 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/residues
containing catalyst metals which 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.
(7) Units burning only photographic film to recover silver.
(o) Laboratory Analysis Units. Units that burn samples of materials
for the purpose of chemical or physical analysis.

Sec. 60.2025 What if my chemical recovery unit is not listed in
Sec. 60.2020(n)?

(a) If your chemical recovery unit is not listed in
Sec. 60.2020(n), you can petition the Administrator to add your unit to
the list. The petition must contain the six items in paragraphs (a)(1)
through (6) of this section.
(1) A description of the source of the materials being burned.
(2) A description of the composition of the materials being burned,
highlighting the chemical constituents in these materials that are
recovered.
(3) A description (including a process flow diagram) of the process
in which the materials are burned, highlighting the type, design, and
operation of the equipment used in this process.
(4) A description (including a process flow diagram) of the
chemical constituent recovery process, highlighting the type, design,
and operation of the equipment used in this process.
(5) A description of the commercial markets for the recovered
chemical constituents and their use.
(6) The composition of the recovered chemical constituents and the
composition of these chemical constituents as they are bought and sold
in commercial markets.
(b) Until the Administrator approves your petition, the
incineration unit is covered by this subpart.
(c) If a petition is approved, the Administrator will amend
Sec. 60.2020(n) to add the unit to the list of chemical recovery units.

Sec. 60.2030 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If the EPA Administrator has
delegated authority to your State, local, or tribal agency, then that
agency (as well as EPA) has the authority to implement and enforce this
subpart. You should contact your EPA Regional Office to find out if
this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency, the authorities contained
in paragraph (c) of this section are retained by the EPA Administrator
and are not transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are specified in paragraphs (c)(1) through (7) of this
section.
(1) Approval of alternatives to the emission limitations in Table 1
of this subpart and operating limits established under Sec. 60.2110.
(2) Approval of major alternatives to test methods.
(3) Approval of major alternatives to monitoring.
(4) Approval of major alternatives to recordkeeping and reporting.
(5) The requirements in Sec. 60.2025.
(6) The requirements in Sec. 60.2115.
(7) The requirements in Sec. 60.2100(b)(2).

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

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

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

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

Preconstruction Siting Analysis

Sec. 60.2045 Who must prepare a siting analysis?

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

Sec. 60.2050 What is a siting analysis?

(a) The siting analysis must consider air pollution control
alternatives that minimize, on a site-specific basis, to the maximum
extent practicable, potential risks to public health or the
environment. In considering such alternatives, the analysis may
consider costs, energy impacts, nonair environmental impacts, or any
other factors related to the practicability of the alternatives.
(b) Analyses of your CISWI unit's impacts that are prepared to
comply with State, local, or other Federal regulatory requirements may
be used to

[[Page 75353]]

satisfy the requirements of this section, provided they include the
consideration of air pollution control alternatives specified in
paragraph (a) of this section.
(c) You must complete and submit the siting requirements of this
section as required under Sec. 60.2190(c) prior to commencing
construction.

Waste Management Plan

Sec. 60.2055 What is a waste management plan?

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

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

You must submit a waste management plan prior to commencing
construction.

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

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

Operator Training and Qualification

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

(a) No CISWI unit can be operated unless a fully trained and
qualified CISWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified CISWI
unit operator may operate the CISWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified CISWI unit operators are temporarily not accessible,
you must follow the procedures in Sec. 60.2100.
(b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
(c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
(1) Training on the eleven subjects listed in paragraphs (c)(1)(i)
through (xi) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Actions to 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 may
serve as reference material following completion of the course.

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

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

Sec. 60.2080 How do I obtain my operator qualification?

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

Sec. 60.2085 How do I maintain my operator qualification?

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

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

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

Sec. 60.2095 What site-specific documentation is required?

[[Page 75354]]

6 months after the effective date of this subpart or prior to an
employee's assumption of responsibilities for operation of the CISWI
unit, whichever date is later.
(2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
(c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
(1) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2095(a) as required by
Sec. 60.2095(b), including the date of the initial review and all
subsequent annual reviews.
(2) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2070, met
the criteria for qualification under Sec. 60.2080, and maintained or
renewed their qualification under Sec. 60.2085 or Sec. 60.2090. Records
must include documentation of training, the dates of the initial and
refresher training, and the dates of their qualification and all
subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

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

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

Emission Limitations and Operating Limits

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

You must meet the emission limitations specified in Table 1 of this
subpart 60 days after your CISWI unit reaches the charge rate at which
it will operate, but no later than 180 days after its initial startup.

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

(a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 2 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraph (a)(1)(i) or (ii), 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 scrubber, which is
calculated as 90 percent of the 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 90 percent of the
average amperage to the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations.
(3) Minimum scrubber liquor flow rate, which is calculated as 90
percent of the average liquor flow rate at the inlet to the wet
scrubber measured during the most recent performance test demonstrating
compliance with all applicable emission limitations.
(4) Minimum scrubber liquor pH, which is calculated as 90 percent
of the average liquor pH at the inlet to the wet scrubber measured
during the most recent performance test demonstrating compliance with
the HCl emission limitation.
(b) You must meet the operating limits established during the
initial performance test 60 days after your CISWI unit reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup.
(c) If you use a fabric filter to comply with the emission
limitations, you must operate each fabric filter system such that the
bag leak detection system alarm does not sound more than 5 percent of
the operating time during a 6-month period. In calculating this
operating time percentage, if inspection of the fabric filter
demonstrates that no corrective action is required, no alarm time is
counted. If corrective action is required, each alarm shall be counted
as a minimum of 1 hour. If you take longer than 1 hour to initiate
corrective action, the alarm time shall be counted as the actual amount
of time taken by you to initiate corrective action.

Sec. 60.2115 What if I do not use a wet scrubber to comply with the
emission limitations?

If you use an air pollution control device other than a wet
scrubber, or limit emissions in some other manner, to comply with the
emission limitations under Sec. 60.2105, you must petition the
Administrator for specific operating limits to be established during
the initial performance test and continuously monitored thereafter. You
must not conduct the initial performance test until after the petition
has been approved by the Administrator. Your petition must include the
five items listed in paragraphs (a) through (e) of this section.

[[Page 75355]]

(a) Identification of the specific parameters you propose to use as
additional operating limits.
(b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec. 60.2120 What happens during periods of startup, shutdown, and
malfunction?

(a) The emission limitations and operating limits apply at all
times except during CISWI unit startups, shutdowns, or malfunctions.
(b) Each malfunction must last no longer than 3 hours.

Performance Testing

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

(a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
(b) You must document that the waste burned during the performance
test is representative of the waste burned under normal operating
conditions by maintaining a log of the quantity of waste burned (as
required in Sec. 60.2175(b)(1)) and the types of waste burned during
the performance test.
(c) All performance tests must be conducted using the minimum run
duration specified in Table 1 of this subpart.
(d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
(e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 of this section:

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 (3) of this
section.
(1) Measure the concentration of each dioxin/furan tetra-through
octachlorinated-congener emitted using EPA Method 23.
(2) For each dioxin/furan (tetra-through octachlorinated) congener
measured in accordance with paragraph (g)(1) of this section, multiply
the congener concentration by its corresponding toxic equivalency
factor specified in Table 3 of this subpart.
(3) Sum the products calculated in accordance with paragraph (g)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.

Sec. 60.2130 How are the performance test data used?

You use results of performance tests to demonstrate compliance with
the emission limitations in Table 1 of this subpart.

Initial Compliance Requirements

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

You must conduct an initial performance test, as required under
Sec. 60.8, to determine compliance with the emission limitations in
Table 1 of this subpart and to establish operating limits using the
procedure in Sec. 60.2110 or Sec. 60.2115. The initial performance test
must be conducted using the test methods listed in Table 1 of this
subpart and the procedures in Sec. 60.2125.

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

The initial performance test must be conducted within 60 days after
your CISWI unit reaches the charge rate at which it will operate, but
no later than 180 days after its initial startup.

Continuous Compliance Requirements

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

(a) You must conduct an annual performance test for particulate
matter, hydrogen chloride, and opacity for each CISWI unit as required
under Sec. 60.8 to determine compliance with the emission limitations.
The annual performance test must be conducted using the test methods
listed in Table 1 of this subpart and the procedures in Sec. 60.2125.
(b) You must continuously monitor the operating parameters
specified in Sec. 60.2110 or established under Sec. 60.2115. Operation
above the established maximum or below the established minimum
operating limits constitutes a deviation from the established operating
limits. Three-hour rolling average values are used to determine
compliance (except for baghouse leak detection system alarms) unless a
different averaging period is established under Sec. 60.2115. Operating
limits do not apply during performance tests.
(c) You must only burn the same types of waste used to establish
operating limits during the performance test.

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

You must conduct annual performance tests for particulate matter,
hydrogen chloride, and opacity within 12 months following the initial
performance test. Conduct subsequent annual performance tests within 12
months following the previous one.

Sec. 60.2155 May I conduct performance testing less often?

(a) You can test less often for a given pollutant if you have test
data for at least 3 years, and all performance tests for the pollutant
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive
years show that you comply with the emission limitation. In this case,
you do not have to conduct a performance test for that pollutant for
the next 2 years. You must conduct a performance test during the 3rd
year and no more than 36 months following the previous performance
test.
(b) If your CISWI unit continues to meet the emission limitation
for particulate matter, hydrogen chloride, or opacity, you may choose
to conduct performance tests for these pollutants every 3rd year, but
each test must be within 36 months of the previous performance test.
(c) If a performance test shows a deviation from an emission
limitation for particulate matter, hydrogen chloride, or opacity, you
must conduct annual performance tests for that pollutant until all
performance tests over a 3-year period show compliance.

[[Page 75356]]

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

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

Monitoring

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

(a) If you are using a wet scrubber to comply with the emission
limitation under Sec. 60.2105, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 2 of this subpart at all times except as specified in
Sec. 60.2170(a).
(b) If you use a fabric filter to comply with the requirements of
this subpart, 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 sound automatically when an increase in relative
particulate matter emissions over a preset level is detected. The alarm
must be located where it is easily heard 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 to comply
with the emission limitations under Sec. 60.2105, you must install,
calibrate (to the manufacturers' specifications), maintain, and operate
the equipment necessary to monitor compliance with the site-specific
operating limits established using the procedures in Sec. 60.2115.

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

(a) Except for monitor malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the CISWI unit is operating.
(b) Do not use data recorded during monitor malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.

Recordkeeping and Reporting

Sec. 60.2175 What records must I keep?

You must maintain the fourteen items (as applicable) as specified
in paragraphs (a) through (n) of this section for a period of at least
5 years:
(a) Calendar date of each record.
(b) Records of the data described in paragraphs (b)(1) through (6)
of this section:
(1) The CISWI unit charge dates, times, weights, and hourly charge
rates.
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
(5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec. 60.2115, you must maintain
data collected for all operating parameters used to determine
compliance with the operating limits.
(6) If a fabric filter is used to comply with the emission
limitations, you must record the date, time, and duration of each alarm
and the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
You must also record the percent of operating time during each 6-month
period that the alarm sounds, calculated as specified in
Sec. 60.2110(c).
(c) Identification of calendar dates and times for which monitoring
systems used to monitor operating limits were inoperative, inactive,
malfunctioning, or out of control (except for downtime associated with
zero and span and other routine calibration checks). Identify the
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
(d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
(e) Identification of calendar dates and times for which data show
a deviation from the operating limits in Table 2 of this subpart or a
deviation from other operating limits established under Sec. 60.2115
with a description of the deviations, reasons for such deviations, and
a description of corrective actions taken.
(f) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations.
(g) All documentation produced as a result of the siting
requirements of Secs. 60.2045 and 60.2050.
(h) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2095(a) as required by
Sec. 60.2095(b), including the date of the initial review and all
subsequent annual reviews.
(i) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2070, met
the criteria for qualification under Sec. 60.2080, and maintained or
renewed their qualification under Sec. 60.2085 or Sec. 60.2090. Records
must include documentation of training, the dates of the initial and
refresher training, and the dates of their qualification and all
subsequent renewals of such qualifications.

[[Page 75357]]

(j) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(k) Records of calibration of any monitoring devices as required
under Sec. 60.2165.
(l) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(m) The information listed in Sec. 60.2095(a).
(n) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required).

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

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

Sec. 60.2185 What reports must I submit?

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

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

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

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

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

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

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

Sec. 60.2205 When must I submit my annual report?

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

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

The annual report required under Sec. 60.2205 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Secs. 60.2215,
60.2220, and 60.2225.
(a) Company name and address.
(b) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report.
(c) Date of report and beginning and ending dates of the reporting
period.
(d) The values for the operating limits established pursuant to
Sec. 60.2110 or Sec. 60.2115.
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the operating limits was inoperative, inactive,
malfunctioning or out of control.
(f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for
the calendar year being reported.
(g) Information recorded under Sec. 60.2175(b)(6) and (c) through
(e) for the calendar year being reported.
(h) If a performance test was conducted during the reporting
period, the results of that test.
(i) If you met the requirements of Sec. 60.2155(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec. 60.2155(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period.
(j) Documentation of periods when all qualified CISWI unit
operators were unavailable for more than 8 hours, but less than 2
weeks.

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

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

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

In each report required under Sec. 60.2215, for any pollutant or
parameter that deviated from the emission limitations or operating
limits specified in this subpart, include the six items described in
paragraphs (a) through (f) of this section.
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
(b) The averaged and recorded data for those dates.
(c) Durations and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
(d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
(e) The dates, times, number, duration, and causes for monitor
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
(f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.

[[Page 75358]]

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

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

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

Yes. You must submit notifications as provided by Sec. 60.7.

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

Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.

Sec. 60.2240 Can reporting dates be changed?

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

Title V Operating Permits

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

Yes. Each CISWI unit must operate pursuant to a permit issued under
section 129(e) and title V of the Clean Air Act by the later of the two
dates in paragraphs (a) and (b) of this section.
(a) Thirty-six months after December 1, 2000.
(b) The effective date of the title V permit program to which your
unit is subject. If your unit is subject to title V as a result of some
triggering requirement(s) other than this subpart (for example, being a
major source), then your unit may be required to apply for and obtain a
title V permit prior to the deadlines noted above. If more than one
requirement triggers the requirement to apply for a title V permit, the
12-month timeframe for filing a title V application is triggered by the
requirement which first causes the source to be subject to title V.

Air Curtain Incinerators

Sec. 60.2245 What is an air curtain incinerator?

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

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

(a) Within 60 days after your air curtain incinerator reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup, you must meet the two limitations specified in
paragraphs (a)(1) and (2) of this section.
(1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
(2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
(b) Except during malfunctions, the requirements of this subpart
apply at all times, and each malfunction must not exceed 3 hours.

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

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

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

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

Definitions

Sec. 60.2265 What definitions must I know?

Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or Administrator
of a State Air Pollution Control Agency.
Agricultural waste means vegetative agricultural materials such as
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and
grounds, and other vegetative waste materials generated as a result of
agricultural operations.
Air curtain incinerator means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of this type can be constructed
above or below ground and with or without refractory walls and

[[Page 75359]]

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.)
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance, or
other principle to monitor relative particulate matter loadings.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
Chemotherapeutic waste means waste material resulting from the
production or use of antineoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote.
Commercial and industrial solid waste incineration (CISWI) unit
means any combustion device that combusts commercial and industrial
waste, as defined in this subpart. The boundaries of a CISWI unit are
defined as, but not limited to, the commercial or industrial solid
waste fuel feed system, grate system, flue gas system, and bottom ash.
The CISWI unit does not include air pollution control equipment or the
stack. The CISWI unit boundary starts at the commercial and industrial
solid waste hopper (if applicable) and extends through two areas:
(1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber.
(2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. It includes all ash handling systems connected to the bottom
ash handling system.
Commercial and industrial waste means solid waste combusted in an
enclosed device using controlled flame combustion without energy
recovery that is a distinct operating unit of any commercial or
industrial facility (including field-erected, modular, and custom built
incineration units operating with starved or excess air), or solid
waste combusted in an air curtain incinerator without energy recovery
that is a distinct operating unit of any commercial or industrial
facility.
Contained gaseous material means gases that are in a container when
that container is combusted.
Cyclonic barrel burner 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.
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;
(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; or
(3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless or whether or not
such failure is permitted by this subpart.
Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Discard means, for purposes of this subpart and 40 CFR part 60,
subpart DDDD, only, burned in an incineration unit without energy
recovery.
Drum reclamation unit means a unit that burns residues out of drums
(e.g., 55 gallon drums) so that the drums can be reused.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
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.
Low-level radioactive waste means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Modification or modified CISWI unit means a CISWI unit you have
changed later than June 1, 2001 and that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit.
(2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which section 129 or section 111 of the Clean Air Act has
established standards.
Part reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
Particulate matter means total particulate matter emitted from
CISWI units as measured by Method 5 or Method 29 of appendix A of this
part.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
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.
Reconstruction means rebuilding a CISWI unit and meeting two
criteria:
(1) The reconstruction begins on or after June 1, 2001.
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the CISWI unit (not including land) updated to current
costs (current dollars). To determine what systems are within the
boundary of the CISWI unit

[[Page 75360]]

used to calculate these costs, see the definition of CISWI unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
(2) Pelletized refuse-derived fuel.
Shutdown means the period of time after all waste has been
combusted in the primary chamber.
Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014). For purposes of this subpart and 40 CFR part 60, subpart
DDDD, only, solid waste does not include the waste burned in the
fifteen types of units described in Sec. 60.2020.
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 the period of time between the activation of
the system and the first charge to the unit.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
(2) Construction, renovation, or demolition wastes.
(3) Clean lumber.

Table 1 to Subpart CCCC--Emission Limitations
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \a\ time method
----------------------------------------------------------------------------------------------------------------
Dioxins/furans (toxic equivalency 0.41 nanograms per dry 3-run average (1 hour Performance test (Method
basis). standard cubic meter. minimum sample time per 23 of Appendix A of
run). this part).
Hydrogen chloride................ 62 parts per million by 3-run average (1 hour Performance test (Method
dry volume. volume minimum sample 26A of appendix A of
time per run). this part).
Lead............................. 0.04 milligrams per dry 3-run average (1 hour Performance test (Method
standard cubic meter. minimum sample time per 29 of appendix A of
run). this part).
Mercury.......................... 0.47 milligrams per dry 3-run average (1 hour Performance test (Method
standard cubic meter. minimum sample time per 29 of appendix A of
run). this part).
Opacity.......................... 10 percent............... 6-minute averages....... Performance test (Method
9 of appendix A of this
part).
Oxides of nitrogen............... 388 parts per million by 3-run average (1 hour Performance test (Method
dry volume. minimum sample time per 7, 7A, 7C, 7D, or 7E of
run). appendix A of this
part)
Particulate matter............... 70 milligrams per dry 3-run average (1 hour Performance test (Method
standard cubic meter. minimum sample time per 5 or 29 of appendix A
run). of this part).
Sulfur dioxide................... 20 parts per million by 3-run average (1 hour Performance test (Method
dry volume. volume minimum sample 6 or 6c of appendix A
time per run). of this part).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.

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

[[Page 75361]]

Table 3 to Subpart CCCC--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 4 to Subpart CCCC--Summary of Reporting Requirements ^a
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report........ Prior to commencing Statement of Sec. 60.2190
construction. intent to construct.
Anticipated date
of commencement of
construction.
Documentation
for siting requirements.
Waste management
plan.
Anticipated date
of initial startup.
Startup notification.......... Prior to initial startup.. Type of waste to Sec. 60.2195
be burned.
Maximum design
waste burning capacity.
Anticipated
maximum charge rate.
If applicable,
the petition for site-
specific operating
limits.
Initial test report........... No later than 60 days Complete test Sec. 60.2200
following the initial report for the initial
performance test performance test
The values for
the site-specific
operating limits.
Installation of
bag leak detection
system for fabric filter.
Annual report................. No later than 12 months Name and address Secs. 60.2205 and
following the submission Statement and 60.2210
of the initial test signature by responsible
report. Subsequent official.
reports are to be Date of report..
submitted no more than 12 Values for the
months following the operating limits.
previous report. If no deviations
or malfunctions were
reported, a statement
that no deviations
occurred during the
reporting period.
Highest recorded
3-hour average and the
lowest 3-hour average,
as applicable, for each
operating parameter
recorded for the
calendar year being
reported.
Information for
deviations or
malfunctions recorded
under Sec.
60.2175(b)(6) and (c)
through (e).
If a performance
test was conducted
during the reporting
period, the results of
the test.
If a performance
test was not conducted
during the reporting
period, a statement that
the requirements of Sec.
60.2155(a) or (b) were
met.
Documentation of
periods when all
qualified CISWI unit
operators were
unavailable for more
than 8 hours but less
than 2 weeks.

[[Page 75362]]

Emission limitation or By August 1 of that year Dates and times Sec. 60.2215 and 60.2220
operating limit deviation for data collected during of deviation.
report. the first half of the Averaged and
calendar year. By recorded data for those
February 1 of the dates.
following year for data Duration and
collected during the causes of each deviation
second half of the and the corrective
calendar year. actions taken.
Copy of
operating limit
monitoring data and any
test reports.
Dates, times,
and causes for monitor
downtime incidents.
Whether each
deviation occurred
during a period of
startup, shutdown, or
malfunction.
Qualified operator deviation Within 10 days of Statement of Sec. 60.2225(a)(1)
notification. deviation. cause of deviation.
Description of
efforts to have an
accessible qualified
operator.
The date a
qualified operator will
be accessible.
Qualified operator deviation Every 4 weeks following Description of Sec. 60.2225(a)(2)
status report. deviation. efforts to have an
accessible qualified
operator
The date a
qualified operator will
be accessible.
Request for
approval to continue
operation.
Qualified operator deviation Prior to resuming Notification Sec. 60.2225(b)
notification of resumed operation. that you are resuming
operation. operation
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

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

Subpart DDDD--Emissions Guidelines and Compliance Times for
Commercial and Industrial Solid Waste Incineration Units that
Commenced Construction On or Before November 30, 1999

Sec.

Introduction

60.2500 What is the purpose of this subpart?
60.2505 Am I affected by this subpart?
60.2510 Is a State plan required for all States?
60.2515 What must I include in my State plan?
60.2520 Is there an approval process for my State plan?
60.2525 What if my State plan is not approvable?
60.2530 Is there an approval process for a negative declaration
letter?
60.2535 What compliance schedule must I include in my State plan?
60.2540 Are there any State plan requirements for this subpart
that apply instead of the requirements specified in subpart B?
60.2545 Does this subpart directly affect CISWI unit owners and
operators in my State?

Applicability of State Plans

60.2550 What CISWI units must I address in my State plan?
60.2555 What combustion units are exempt from my State plan?
60.2558 What if a chemical recovery unit is not listed in
Sec. 60.2555(n)?

Use of Model Rule

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

Model Rule--Increments of Progress

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

Model Rule--Waste Management Plan

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

Model Rule--Operator Training and Qualification

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

Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber to comply with the
emission limitations?
60.2685 What happens during periods of startup, shutdown, and
malfunction?

Model Rule--Performance Testing

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

Model Rule--Initial Compliance Requirements

60.2700 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.2705 By what date must I conduct the initial performance test?

Model Rule--Continuous Compliance Requirements

60.2710 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
60.2715 By what date must I conduct the annual performance test?

[[Page 75363]]

60.2720 May I conduct performance testing less often?
60.2725 May I conduct a repeat performance test to establish new
operating limits?

Model Rule--Monitoring

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

Model Rule--Recordkeeping and Reporting

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

Model Rule--Title V Operating Permits

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

Model Rule--Air Curtain Incinerators

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

Model Rule--Definitions

60.2875 What definitions must I know?

Tables to Subpart DDDD

Table 1 to Subpart DDDD--Model Rule--Increments of Progress and
Compliance Schedules
Table 2 to Subpart DDDD--Model Rule--Emission Limitations
Table 3 to Subpart DDDD--Model Rule--Operating Limits for Wet
Scrubbers
Table 4 to Subpart DDDD--Model Rule--Toxic Equivalency Factors
Table 5 to Subpart DDDD--Model Rule--Summary of Reporting
Requirements

Introduction

Sec. 60.2500 What is the purpose of this subpart?

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

Sec. 60.2505 Am I affected by this subpart?

(a) If you are the Administrator of an air quality program in a
State or United States protectorate with one or more existing CISWI
units that commenced construction on or before November 30, 1999, you
must submit a State plan to U.S. Environmental Protection Agency (EPA)
that implements the emission guidelines contained in this subpart.
(b) You must submit the State plan to EPA by December 3, 2001.

Sec. 60.2510 Is a State plan required for all States?

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

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

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

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

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

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

If you do not submit an approvable State plan (or a negative
declaration letter) by December 2, 2002, EPA will develop a Federal
plan according to Sec. 60.27 to implement the emission guidelines
contained in this subpart. Owners and operators of CISWI units not
covered by an approved State plan must comply with the Federal plan.
The Federal plan is an interim action and will be automatically
withdrawn when your State plan is approved.

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

No. The EPA has no formal review process for negative declaration
letters. Once your negative declaration letter has been received, EPA
will place a

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copy in the public docket and publish a notice in the Federal Register.
If, at a later date, an existing CISWI unit is found in your State, the
Federal plan implementing the emission guidelines contained in this
subpart would automatically apply to that CISWI unit until your State
plan is approved.

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

(a) Your State plan must include compliance schedules that require
CISWI units to achieve final compliance as expeditiously as practicable
after approval of the State plan but not later than the earlier of the
two dates specified in paragraphs (a)(1) and (2) of this section.
(1) December 1, 2005.
(2) Three years after the effective date of State plan approval.
(b) For compliance schedules more than 1 year following the
effective date of State plan approval, State plans must include dates
for enforceable increments of progress as specified in Sec. 60.2580.

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

Yes. Subpart B establishes general requirements for developing and
processing section 111(d) plans. This subpart applies instead of the
requirements in subpart B of this part for paragraphs (a) and (b) of
this section:
(a) State plans developed to implement this subpart must be as
protective as the emission guidelines contained in this subpart. State
plans must require all CISWI units to comply by December 1, 2005 or 3
years after the effective date of State plan approval, whichever is
sooner. This applies instead of the option for case-by-case less
stringent emission standards and longer compliance schedules in
Sec. 60.24(f).
(b) State plans developed to implement this subpart are required to
include two increments of progress for the affected CISWI units. These
two minimum increments are the final control plan submittal date and
final compliance date in Sec. 60.21(h)(1) and (5). This applies instead
of the requirement of Sec. 60.24(e)(1) that would require a State plan
to include all five increments of progress for all CISWI units.

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

(a) No. This subpart does not directly affect CISWI unit owners and
operators in your State. However, CISWI unit owners and operators must
comply with the State plan you develop to implement the emission
guidelines contained in this subpart. States may choose to incorporate
the model rule text directly in their State plan.
(b) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by December 2, 2002,
the EPA will implement and enforce a Federal plan, as provided in
Sec. 60.2525, to ensure that each unit within your State reaches
compliance with all the provisions of this subpart by December 1, 2005.

Applicability of State Plans

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

(a) Your State plan must address incineration units that meet all
three criteria described in paragraphs (a)(1) through (3) of this
section.
(1) Incineration units in your State that commenced construction on
or before November 30, 1999.
(2) Incineration units that meet the definition of a CISWI unit as
defined in Sec. 60.2875.
(3) Incineration units not exempt under Sec. 60.2555.
(b) If the owner or operator of a CISWI unit makes changes that
meet the definition of modification or reconstruction on or after June
1, 2001, the CISWI unit becomes subject to subpart CCCC of this part
and the State plan no longer applies to that unit.
(c) If the owner or operator of a CISWI unit makes physical or
operational changes to an existing CISWI unit primarily to comply with
your State plan, subpart CCCC of this part does not apply to that unit.
Such changes do not qualify as modifications or reconstructions under
subpart CCCC of this part.

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

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specified in paragraphs (e)(1) through (3) 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 notify the Administrator that the unit meets all of these
criteria.
(f) Cogeneration facilities. Units that meet the three requirements
specified in paragraphs (f)(1) through (3) of this section.
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes.
(3) You notify the Administrator that the unit meets all of these
criteria.
(g) Hazardous waste combustion units. Units that meet either of the
two criteria specified in paragraph (g)(1) or (2) of this section.
(1) Units for which you are required to get a permit under section
3005 of the Solid Waste Disposal Act.
(2) Units regulated under subpart EEE of 40 CFR part 63 (National
Emission Standards for Hazardous Air Pollutants from Hazardous Waste
Combustors).
(h) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(i) Air curtain incinerators. Air curtain incinerators that burn
only the materials listed in paragraphs (i)(1) through (3) of this
section are only required to meet the requirements under ``Air Curtain
Incinerators'' (Secs. 60.2810 through 60.2870).
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
(j) Cyclonic barrel burners. (See Sec. 60.2875)
(k) Rack, part, and drum reclamation units. (See Sec. 60.2875)
(l) Cement kilns. Kilns regulated under subpart LLL of part 63 of
this chapter (National Emission Standards for Hazardous Air Pollutants
from the Portland Cement Manufacturing Industry).
(m) Sewage sludge incinerators. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
(n) Chemical recovery units. 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. The seven types of units described in
paragraphs (n)(1) through (7) of this section 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/residues
containing catalyst metals which 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.
(7) Units burning only photographic film to recover silver.
(o) Laboratory analysis units. Units that burn samples of materials
for the purpose of chemical or physical analysis.

Sec. 60.2558 What if a chemical recovery unit is not listed in
Sec. 60.2555(n)?

(a) If a chemical recovery unit is not listed in Sec. 60.2555(n),
the owner or operator of the unit can petition the Administrator to add
the unit to the list. The petition must contain the six items in
paragraphs (a)(1) through (6) of this section.
(1) A description of the source of the materials being burned.
(2) A description of the composition of the materials being burned,
highlighting the chemical constituents in these materials that are
recovered.
(3) A description (including a process flow diagram) of the process
in which the materials are burned, highlighting the type, design, and
operation of the equipment used in this process.
(4) A description (including a process flow diagram) of the
chemical constituent recovery process, highlighting the type, design,
and operation of the equipment used in this process.
(5) A description of the commercial markets for the recovered
chemical constituents and their use.
(6) The composition of the recovered chemical constituents and the
composition of these chemical constituents as they are bought and sold
in commercial markets.
(b) Until the Administrator approves the petition, the incineration
unit is covered by this subpart.
(c) If a petition is approved, the Administrator will amend
Sec. 60.2555(n) to add the unit to the list of chemical recovery units.

Use of Model Rule

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

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

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

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

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

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

Model Rule--Increments of Progress

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

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

[[Page 75366]]

(a) Submit a final control plan.
(b) Achieve final compliance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Model Rule--Waste Management Plan

Sec. 60.2620 What is a waste management plan?

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

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

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

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

Model Rule--Operator Training and Qualification

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

(a) No CISWI unit can be operated unless a fully trained and
qualified CISWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified CISWI
unit operator may operate the CISWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified CISWI unit operators are temporarily not accessible,
you must follow the procedures in Sec. 60.2665.
(b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
(c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
(1) Training on the eleven subjects listed in paragraphs (c)(1)(i)
through (xi) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Actions to 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 75367]]

reference material following completion of the course.

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

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

Sec. 60.2645 How do I obtain my operator qualification?

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

Sec. 60.2650 How do I maintain my operator qualification?

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

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

Sec. 60.2660 What site-specific documentation is required?

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

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

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

[[Page 75368]]

Model Rule--Emission Limitations and Operating Limits

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

You must meet the emission limitations specified in Table 2 of this
subpart on the date the initial performance test is required or
completed (whichever is earlier).

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

(a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 3 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraph (a)(1)(i) or (ii), 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 scrubber, which is
calculated as 90 percent of the 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 90 percent of the
average amperage to the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations.
(3) Minimum scrubber liquor flow rate, which is calculated as 90
percent of the average liquor flow rate at the inlet to the wet
scrubber measured during the most recent performance test demonstrating
compliance with all applicable emission limitations.
(4) Minimum scrubber liquor pH, which is calculated as 90 percent
of the average liquor pH at the inlet to the wet scrubber measured
during the most recent performance test demonstrating compliance with
the HCl emission limitation.
(b) You must meet the operating limits established during the
initial performance test on the date the initial performance test is
required or completed (whichever is earlier).
(c) If you use a fabric filter to comply with the emission
limitations, you must operate each fabric filter system such that the
bag leak detection system alarm does not sound more than 5 percent of
the operating time during a 6-month period. In calculating this
operating time percentage, if inspection of the fabric filter
demonstrates that no corrective action is required, no alarm time is
counted. If corrective action is required, each alarm shall be counted
as a minimum of 1 hour. If you take longer than 1 hour to initiate
corrective action, the alarm time shall be counted as the actual amount
of time taken by you to initiate corrective action.

Sec. 60.2680 What if I do not use a wet scrubber to comply with the
emission limitations?

If you use an air pollution control device other than a wet
scrubber, or limit emissions in some other manner, to comply with the
emission limitations under Sec. 60.2670, you must petition the
Administrator for specific operating limits to be established during
the initial performance test and continuously monitored thereafter. You
must not conduct the initial performance test until after the petition
has been approved by the Administrator. Your petition must include the
five items listed in paragraphs (a) through (e) of this section.
(a) Identification of the specific parameters you propose to use as
additional operating limits.
(b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec. 60.2685 What happens during periods of startup, shutdown, and
malfunction?

(a) The emission limitations and operating limits apply at all
times except during CISWI unit startups, shutdowns, or malfunctions.
(b) Each malfunction must last no longer than 3 hours.

Model Rule--Performance Testing

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

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

Cadj = Cmeas (20.9-7)/(20.9-%O2)
(Eq. 1)

Where:

(g) You must determine dioxins/furans toxic equivalency by
following the procedures in paragraphs (g)(1) through (3) of this
section.
(1) Measure the concentration of each dioxin/furan tetra- through
octa-congener emitted using EPA Method 23.
(2) For each dioxin/furan congener measured in accordance with
paragraph (g)(1) of this section, multiply the congener concentration
by its corresponding toxic equivalency factor specified in Table 4 of
this subpart.
(3) Sum the products calculated in accordance with paragraph (g)(2)
of this section to obtain the total concentration

[[Page 75369]]

of dioxins/furans emitted in terms of toxic equivalency.

Sec. 60.2695 How are the performance test data used?

You use results of performance tests to demonstrate compliance with
the emission limitations in Table 2 of this subpart.

Model Rule--Initial Compliance Requirements

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

You must conduct an initial performance test, as required under
Sec. 60.8, to determine compliance with the emission limitations in
Table 2 of this subpart and to establish operating limits using the
procedure in Sec. 60.2675 or Sec. 60.2680. The initial performance test
must be conducted using the test methods listed in Table 2 of this
subpart and the procedures in Sec. 60.2690.

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

The initial performance test must be conducted no later than 180
days after your final compliance date. Your final compliance date is
specified in Table 1 of this subpart.

Model Rule--Continuous Compliance Requirements

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

(a) You must conduct an annual performance test for particulate
matter, hydrogen chloride, and opacity for each CISWI unit as required
under Sec. 60.8 to determine compliance with the emission limitations.
The annual performance test must be conducted using the test methods
listed in Table 2 of this subpart and the procedures in Sec. 60.2690.
(b) You must continuously monitor the operating parameters
specified in Sec. 60.2675 or established under Sec. 60.2680. Operation
above the established maximum or below the established minimum
operating limits constitutes a deviation from the established operating
limits. Three-hour rolling average values are used to determine
compliance (except for baghouse leak detection system alarms) unless a
different averaging period is established under Sec. 60.2680. Operating
limits do not apply during performance tests.
(c) You must only burn the same types of waste used to establish
operating limits during the performance test.

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

Sec. 60.2720 May I conduct performance testing less often?

(a) You can test less often for a given pollutant if you have test
data for at least 3 years, and all performance tests for the pollutant
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive
years show that you comply with the emission limitation. In this case,
you do not have to conduct a performance test for that pollutant for
the next 2 years. You must conduct a performance test during the third
year and no more than 36 months following the previous performance
test.
(b) If your CISWI unit continues to meet the emission limitation
for particulate matter, hydrogen chloride, or opacity, you may choose
to conduct performance tests for these pollutants every third year, but
each test must be within 36 months of the previous performance test.
(c) If a performance test shows a deviation from an emission
limitation for particulate matter, hydrogen chloride, or opacity, you
must conduct annual performance tests for that pollutant until all
performance tests over a 3-year period show compliance.

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

Model Rule--Monitoring

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

(a) If you are using a wet scrubber to comply with the emission
limitation under Sec. 60.2670, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
3 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 3 of this subpart at all times except as specified in
Sec. 60.2735(a).
(b) If you use a fabric filter to comply with the requirements of
this subpart, 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 sound automatically when an increase in relative
particulate matter emissions over a preset level is detected. The alarm
must be located where it is easily heard 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 to comply
with the emission limitations under Sec. 60.2670, you must install,
calibrate (to the manufacturers' specifications), maintain, and operate
the equipment necessary to monitor compliance with the site-specific
operating limits established using the procedures in Sec. 60.2680.

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

(a) Except for monitoring malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as

[[Page 75370]]

applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the CISWI unit is operating.
(b) Do not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.

Model Rule--Recordkeeping and Reporting

Sec. 60.2740 What records must I keep?

You must maintain the 13 items (as applicable) as specified in
paragraphs (a) through (m) of this section for a period of at least 5
years:
(a) Calendar date of each record.
(b) Records of the data described in paragraphs (b)(1) through (6)
of this section:
(1) The CISWI unit charge dates, times, weights, and hourly charge
rates.
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
(5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec. 60.2680, you must maintain
data collected for all operating parameters used to determine
compliance with the operating limits.
(6) If a fabric filter is used to comply with the emission
limitations, you must record the date, time, and duration of each alarm
and the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
You must also record the percent of operating time during each 6-month
period that the alarm sounds, calculated as specified in
Sec. 60.2675(c).
(c) Identification of calendar dates and times for which monitoring
systems used to monitor operating limits were inoperative, inactive,
malfunctioning, or out of control (except for downtime associated with
zero and span and other routine calibration checks). Identify the
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
(d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
(e) Identification of calendar dates and times for which data show
a deviation from the operating limits in Table 3 of this subpart or a
deviation from other operating limits established under Sec. 60.2680
with a description of the deviations, reasons for such deviations, and
a description of corrective actions taken.
(f) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations.
(g) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 60.2660(a) as required by
Sec. 60.2660(b), including the date of the initial review and all
subsequent annual reviews.
(h) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 60.2635, met
the criteria for qualification under Sec. 60.2645, and maintained or
renewed their qualification under Sec. 60.2650 or Sec. 60.2655. Records
must include documentation of training, the dates of the initial and
refresher training, and the dates of their qualification and all
subsequent renewals of such qualifications.
(i) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(j) Records of calibration of any monitoring devices as required
under Sec. 60.2730.
(k) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(l) The information listed in Sec. 60.2660(a).
(m) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required).

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

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

Sec. 60.2750 What reports must I submit?

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

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

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

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

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

Sec. 60.2765 When must I submit my annual report?

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

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

The annual report required under Sec. 60.2765 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Secs. 60.2775,
60.2780, and 60.2785.
(a) Company name and address.
(b) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report.
(c) Date of report and beginning and ending dates of the reporting
period.
(d) The values for the operating limits established pursuant to
Sec. 60.2675 or Sec. 60.2680.
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the operating limits

[[Page 75371]]

was inoperative, inactive, malfunctioning or out of control.
(f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for
the calendar year being reported.
(g) Information recorded under Sec. 60.2740(b)(6) and (c) through
(e) for the calendar year being reported.
(h) If a performance test was conducted during the reporting
period, the results of that test.
(i) If you met the requirements of Sec. 60.2720(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec. 60.2720(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period.
(j) Documentation of periods when all qualified CISWI unit
operators were unavailable for more than 8 hours, but less than 2
weeks.

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

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

In each report required under Sec. 60.2775, for any pollutant or
parameter that deviated from the emission limitations or operating
limits specified in this subpart, include the six items described in
paragraphs (a) through (f) of this section.
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
(b) The averaged and recorded data for those dates.
(c) Duration and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
(d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
(e) The dates, times, number, duration, and causes for monitoring
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
(f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.

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

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

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

Yes. You must submit notifications as provided by Sec. 60.7.

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

Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.

Sec. 60.2800 Can reporting dates be changed?

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

Model Rule--Title V Operating Permits

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

Model Rule--Air Curtain Incinerators

Sec. 60.2810 What is an air curtain incinerator?

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

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

[[Page 75372]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) After the date the initial stack test is required or completed
(whichever is earlier), you must meet the limitations in paragraphs
(a)(1) and (2) of this section.
(1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
(2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
(b) Except during malfunctions, the requirements of this subpart
apply at all times, and each malfunction must not exceed 3 hours.

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

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

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

(a) Keep records of results of all initial and annual opacity tests
onsite in either paper copy or electronic format, unless the
Administrator approves another format, for at least 5 years.
(b) Make all records available for submittal to the Administrator
or for an inspector's onsite review.
(c) Submit an initial report no later than 60 days following the
initial opacity test that includes the information specified in
paragraphs (c) (1) and (2) of this section.
(1) The types of materials you plan to combust in your air curtain
incinerator.
(2) The results (each 6-minute average) of the initial opacity
tests.
(d) Submit annual opacity test results within 12 months following
the previous report.
(e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date and keep a copy
onsite for a period of 5 years.

Model Rule--Definitions

Sec. 60.2875 What definitions must I know?

Terms used but not defined in this subpart are defined in the Clean
Air Act and subparts A and B of this part.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or Administrator
of a State Air Pollution Control Agency.
Agricultural waste means vegetative agricultural materials such as
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and
grounds, and other vegetative waste materials generated as a result of
agricultural operations.
Air curtain incinerator means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of this type can be constructed
above or below ground and with or without refractory walls and floor.
(Air curtain incinerators are not to be confused with conventional
combustion devices with enclosed fireboxes and controlled air
technology such as mass burn, modular, and fluidized bed combustors.)
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance, or
other principle to monitor relative particulate matter loadings.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.

[[Page 75373]]

Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
Chemotherapeutic waste means waste material resulting from the
production or use of antineoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote.
Commercial and industrial solid waste incineration (CISWI) unit
means any combustion device that combusts commercial and industrial
waste, as defined in this subpart. The boundaries of a CISWI unit are
defined as, but not limited to, the commercial or industrial solid
waste fuel feed system, grate system, flue gas system, and bottom ash.
The CISWI unit does not include air pollution control equipment or the
stack. The CISWI unit boundary starts at the commercial and industrial
solid waste hopper (if applicable) and extends through two areas:
(1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber.
(2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. It includes all ash handling systems connected to the bottom
ash handling system.
Commercial and industrial waste means solid waste combusted in an
enclosed device using controlled flame combustion without energy
recovery that is a distinct operating unit of any commercial or
industrial facility (including field-erected, modular, and custom built
incineration units operating with starved or excess air), or solid
waste combusted in an air curtain incinerator without energy recovery
that is a distinct operating unit of any commercial or industrial
facility.
Contained gaseous material means gases that are in a container when
that container is combusted.
Cyclonic barrel burner 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.
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;
(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; or
(3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless or whether or not
such failure is permitted by this subpart.
Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Discard means, for purposes of this subpart and 40 CFR part 60,
subpart DDDD, only, burned in an incineration unit without energy
recovery.
Drum reclamation unit means a unit that burns residues out of drums
(e.g., 55 gallon drums) so that the drums can be reused.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
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.
Low-level radioactive waste means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Modification or modified CISWI unit means a CISWI unit you have
changed later than June 1, 2001 and that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit.
(2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which section 129 or section 111 of the Clean Air Act has
established standards.
Part reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
Particulate matter means total particulate matter emitted from
CISWI units as measured by Method 5 or Method 29 of appendix A of this
part.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
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.
Reconstruction means rebuilding a CISWI unit and meeting two
criteria:
(1) The reconstruction begins on or after June 1, 2001.
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the CISWI unit (not including land) updated to current
costs (current dollars). To determine what systems are within the
boundary of the CISWI unit used to calculate these costs, see the
definition of CISWI unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
(2) Pelletized refuse-derived fuel.
Shutdown means the period of time after all waste has been
combusted in the primary chamber.
Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community

[[Page 75374]]

activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014). For purposes of this subpart and subpart CCCC, only,
solid waste does not include the waste burned in the fifteen types of
units described in Sec. 60.2555.
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 the period of time between the activation of
the system and the first charge to the unit.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
(2) Construction, renovation, or demolition wastes.
(3) Clean lumber.

Table 1 to Subpart DDDD--Model Rule--Increments of Progress and Compliance Schedules
----------------------------------------------------------------------------------------------------------------
Comply with these increments of progress By these dates \a\
----------------------------------------------------------------------------------------------------------------
Increment 1--Submit final control plan........... (Dates to be specified in State plan)
Increment 2--Final compliance.................... (Dates to be specified in State plan) \b\
----------------------------------------------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the State.
\b\ The date can be no later than 3 years after the effective date of State plan approval or December 1, 2005.

Table 2 to Subpart DDDD--Model Rule--Emission Limitations
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\a\ method
----------------------------------------------------------------------------------------------------------------
Cadmium........................... 0.004 milligrams per 3-run average (1 hour Performance test (Method
dry standard cubic minimum sample time per 29 of appendix A of this
meter. run). part)
Carbon monoxide................... 157 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time per 10, 10A, or 10B, of
run). appendix A of this part)
Dioxins/furans (toxic equivalency 0.41 nanograms per 3-run average (1 hour Performance test (Method
basis). dry standard cubic minimum sample time per 23 of appendix A of this
meter. run). part)
Hydrogen chloride................. 62 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time per 26A of appendix A of
run). this part)
Lead.............................. 0.04 milligrams per 3-run average (1 hour Performance test (Method
dry standard cubic minimum sample time per 29 of appendix A of this
meter. run). part)
Mercury........................... 0.47 milligrams per 3-run average (1 hour Performance test (Method
dry standard cubic minimum sample time per 29 of appendix A of this
meter. run). part)
Opacity........................... 10 percent........... 6-minute averages......... Performance test (Method
9 of appendix A of this
part)
Oxides of nitrogen................ 388 parts per million 3-run average (1 hour Performance test (Methods
by dry volume. minimum sample time per 7, 7A, 7C, 7D, or 7E of
run). appendix A of this part)
Particulate matter................ 70 milligrams per dry 3-run average (1 hour Performance test (Method
standard cubic meter. minimum sample time per 5 or 29 of appendix A of
run). ths part)
Sulfur dioxide.................... 20 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time per 6 or 6c of appendix A of
run). this part)
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.

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

[[Page 75375]]

Table 4 to Subpart DDDD--Model Rule--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 5 to Subpart DDDD--Model Rule--Summary of Reporting Requirements ^a
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan......... No later than the Waste Sec. 60.2755.
date specified in management plan.
table 1 for
submittal of the
final control plan.
Initial Test Report........... No later than 60 days Complete Sec. 60.2760.
following the test report for the
initial performance initial performance
test. test
The values
for the site-
specific operating
limits.
Installation
of bag leak
detection systems
for fabric filters.
Annual Report................. No later than 12 Name and Secs. 60.2765 and 60.2770.
months following the address.
submission of the Statement
initial test report. and signature by
Subsequent reports responsible official.
are to be submitted Date of
no more than 12 report.
months following the Values for
previous report. the operating limits.
If no
deviations or
malfunctions were
reported, a
statement that no
deviations occurred
during the reporting
period.
Highest
recorded 3-hour
average and the
lowest 3-hour
average, as
applicable, for each
operating parameter
recorded for the
calendar year being
reported.
Information
for deviations or
malfunctions
recorded under Sec.
60.2740(b)(6) and
(c) through (e).
If a
performance test was
conducted during the
reporting period,
the results of the
test.
If a
performance test was
not conducted during
the reporting
period, a statement
that the
requirements of Sec.
60.2155(a) or (b)
were met.
Documentatio
n of periods when
all qualified CISWI
unit operators were
unavailable for more
than 8 hours but
less than 2 weeks.
Emission Limitation or By August 1 of that Dates and Secs. 60.2775 and 60.2780.
Operating Limit Deviation year for data times of deviations.
Report. collected during the Averaged and
first half of the recorded data for
calendar year. By these dates.
February 1 of the Duration and
following year for causes for each
data collected deviation and the
during the second corrective actions
half of the calendar taken.
year. Copy of
operating limit
monitoring data and
any test reports.
Dates,
times, and causes
for monitor downtime
incidents.
Whether each
deviation occurred
during a period of
startup, shutdown,
or malfunction.

[[Page 75376]]

Qualified Operator Deviation Within 10 days of Statement of Sec. 60.2785(a)(1).
Notification. deviation. cause of deviation.
Description
of efforts to have
an accessible
qualified operator.
The date a
qualified operator
will be accessible.
Qualified Operator Deviation Every 4 weeks Description Sec. 60.2785(a)(2).
Status Report. following deviation. of efforts to have
an accessible
qualified operator
The date a
qualified operator
will be accessible.
Request for
approval to continue
operation.
Qualified Operator Deviation Prior to resuming Notification Sec. 60.2785(b)
Notification of Resumed operation. that you are
Operation. resuming operation
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 00-29875 Filed 11-30-00; 8:45 am]
BILLING CODE 6560-01-U

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

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

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