Federal Plan Requirements for Commercial and Industrial Solid Waste Incinerators Constructed on or Before November 30, 1999

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

[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]
[Page 57517-57553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-24]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[AD-FRL-7562-1]
RIN 2060-AJ28

Federal Plan Requirements for Commercial and Industrial Solid
Waste Incinerators Constructed on or Before November 30, 1999

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: On December 1, 2000, the EPA adopted emission guidelines for
existing commercial and industrial solid waste incineration (CISWI)
units. Sections 111 and 129 of the Clean Air Act (CAA) require States
with existing CISWI units subject to the emission guidelines to submit
to the EPA plans that implement and enforce the emission guidelines.
Indian Tribes may submit, but are not required to submit, Tribal plans
to implement and enforce the emission guidelines in Indian country.
State plans were due from States with CISWI units subject to the
emission guidelines on December 1, 2001. If a State or Tribe with
existing CISWI units does not submit an approvable plan, sections 129
and 111 of the CAA require the EPA to develop, implement, and enforce a
Federal plan for CISWI units located in that State or Tribal area
within 2 years after promulgation of the emission guidelines (December
1, 2002). The EPA proposed a Federal plan for CISWI units on November
25, 2002. This action promulgates a Federal plan to implement emission
guidelines for CISWI units located in States and Indian country without
effective State or Tribal plans. This Federal plan is an interim action
because on the effective date of an approved State or Tribal plan, the
Federal plan will no longer apply to CISWI units covered by the State
or Tribal plan.

EFFECTIVE DATE: The final rule is effective November 3, 2003.

ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For further information concerning
specific aspects of this Federal plan, contact Mr. David Painter at
(919) 541-5515, Program Implementation and Review Group, Information
Transfer and Program Integration Division (E143-02), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711, email:
painter.david@epa.gov. For technical information, contact Mr. Fred
Porter at (919) 541-5251, Combustion Group, Emission Standards Division
(C439-01), U.S. Environmental Protection Agency, Research Triangle Park,
N.C. 27711, email: porter.fred@epa.gov. For information regarding
implementation of this Federal plan, contact the appropriate Regional
Office (Table 1) as shown in the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION: Regulated entities. The Federal plan affects
the following North American Industrial Classification System (NAICS)
and Standard Industrial Classification (SIC) codes:

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

This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities the EPA expects to be regulated by
this rule. This table lists examples of the types of entities that may
be affected by this rule. Other types of entities not listed could also
be affected. To determine whether your facility, company, business
organization, etc., is regulated by this action, carefully examine the
applicability criteria in 40 CFR 62.14510 through 62.14531 of subpart
III. If you have any questions regarding the applicability of this
action to your solid waste incineration unit, refer to the FOR FURTHER
INFORMATION CONTACT section.
Judicial Review: The EPA proposed this rule for CISWI units on
November 25, 2002, (67 FR 70640). This action adopting a rule for CISWI
units constitutes final administrative action concerning 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 December 2, 2003. 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.
Docket. Docket Numbers A-2000-52 and A-94-63 contain the supporting
information for the CISWI Federal plan and for the EPA's promulgation
of EG for existing CISWI units, respectively. Docket A-2000-52 (OAR-
2002-0069)incorporates all of the information in Docket A-94-63. The
dockets are organized and complete files of all information submitted
to or otherwise considered by EPA in the development of this
rulemaking. The dockets are available for public inspection and copying
between 8:30 a.m. and 4:30 p.m., Monday through Friday, at EPA's Air
and Radiation Docket and Information Center, 1301 Constitution Avenue,
NW, Room B102, Washington, DC 20460. The mailing address for the Center
is Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania Avenue,
NW, Washington, DC 20460. A reasonable fee may be charged for copying
docket materials. The Center may be contacted by calling (202) 566-1742
between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday.
The Center may also be contacted by fax using the fax number (202)
566-1741 and by E-mail using the E-mail address ``A-and-R-Docket@epa.gov''.
Electronic Access. Electronic versions of the public dockets are
available through EPA's electronic public docket and comment system,
EPA Dockets. You may use the EPA Dockets at http://www.regulations.gov/
to view public comments, access the indices of the contents of the
official public dockets, and to access those documents in the public
dockets that are available electronically. Once in the system, select
``search'' and key-in the appropriate docket identification number.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket

[[Page 57519]]

materials through the docket facility identified in this document.
Worldwide Web (WWW). In addition to being available in the dockets,
an electronic copy of today's document also will be available on the
World Wide Web site that the EPA has established for CISWI units. The
address is http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. The CISWI
Web site references other Web sites for closely related rules, such as
large and small municipal waste combustors (MWC), hazardous waste, and
hospital/medical/infectious waste incinerators (HMIWI). The large MWC
and HMIWI sites contain the respective State plan guidance documents.
EPA Regional Office Contacts. Table 1 lists EPA Regional Offices
that can answer questions regarding implementation of this rule.

Table 1.--EPA Regional Contacts for CISWI
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Region Contact Phone/fax States and protectorates
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I..................... EPA New England, 617-918-1650.......................... CT, ME, MA, NH, RI, VT.
Director, Air Compliance 617-918-1505 (fax)....................
Program, 1 Congress
Street, Suite 1100
(SEA), Boston, MA 02114-
2023.
II.................... U.S. EPA--Region 2, Air 212-637-4080.......................... NJ, NY, Puerto Rico, Virgin Islands.
Compliance Branch, 290 212-637-3998 (fax)....................
Broadway, New York, New
York 10007.
III................... U.S. EPA--Region 3, 215-814-3438.......................... DE, DC, MD, PA, VA, WV.
Chief, Air Enforcement 215-814-2134 (fax)....................
Branch (3AP12), 1650
Arch Street,
Philadelphia, PA 19103-
2029.
IV.................... U.S. EPA--Region 4, Air 404-562-9105.......................... AL, FL, GA, KY, MS, NC, SC, TN.
and Radiation, 404-562-9095 (fax)....................
Technology Branch,
Atlanta Federal Center,
61 Forsyth Street,
Atlanta, Georgia 30303-
3104.
V..................... U.S. EPA--Region 5, Air 312-353-2211.......................... IL, IN, MN, OH, WI.
Enforcement and 312-886-8289 (fax)....................
Compliance Assurance
Branch, (AR-18J), 77
West Jackson Boulevard,
Chicago, IL 60604-3590.
VI.................... U.S. EPA--Region 6, 214-665-7224.......................... AR, LA, NM, OK, TX.
Chief, Toxics 214-665-7446 (fax)....................
Enforcement, Section
(6EN-AT), 1445 Ross
Avenue, Dallas, TX 75202-
2733.
VII................... U.S. EPA--Region 7, 901 913-551-7020.......................... IA, KS, MO, NE.
N. 5th Street, Kansas 913-551-7844 (fax)....................
City, KS 66101.
VIII.................. U.S. EPA--Region 8, Air 303-312-6007.......................... CO, MT, ND, SD, UT, WY.
Program Technical Unit, 303-312-6064 (fax)....................
(Mail Code 8P-AR), 999
18th Street, Suite 500,
Denver, CO 80202.
IX.................... U.S. EPA--Region 9, Air 415-744-1219.......................... AZ, CA, HI, NV, American Samoa, Guam.
Division, 75 Hawthorne 415-744-1076 (fax)....................
Street, San Francisco,
CA 94105.
X..................... U.S. EPA--Region 10, (206) 553-4273
Office of Air Quality, (206) 553-0110 (fax)..................
1200 Sixth Avenue,
Seattle, WA 98101.
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Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background Information
A. What is the Statutory Authority for Today's Action?
B. What is the Purpose of this Federal Plan?
C. What Impact Does the U.S. Appeals Court Remand and EPA's
Granting of a Request for Reconsideration Have on this Federal Plan?
D. Status of State Plan Submittals
II. Affected Facilities
A. What is a CISWI Unit?
B. Does the Federal Plan Apply to Me?
C. How Do I Determine If My CISWI Unit Is Covered by an Approved
and Effective State or Tribal Plan?
III. Elements of the CISWI Federal Plan
A. Legal Authority and Enforcement Mechanism
B. Inventory of Affected CISWI Units
C. Inventory of Emissions
D. Emission Limitations
E. Compliance Schedules
F. Waste Management Plan Requirements
G. Testing, Monitoring, Recordkeeping, and Reporting
H. Operator Training and Qualification Requirements
I. Record of Public Hearings
J. Progress Reports
IV. Significant Issues and Changes Since Proposal
A. Applicability of the Standards
B. Compliance Schedule
C. Air Curtain Incinerators
D. Delegation of Authority
V. Summary of CISWI Federal Plan
A. What Emission Limitations Must I Meet?
B. What Operating Limits Must I Meet?
C. What are the Requirements for Air Curtain Incinerators?
D. What are the Testing, Monitoring, Recordkeeping, and
Reporting Requirements?
E. What is the Compliance Schedule?
F. How Did EPA Determine the Compliance Schedule?
VI. CISWI That Have or Will Shut Down
A. Units That Plan to Close Rather Than Comply
B. Inoperable Units
C. CISWI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan and Retained Authorities
C. Mechanisms for Transferring Authority
D. Implementing Authority
E. CISWI Federal Plan and Indian Country
VIII. Title V Operating Permits
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act (SBREFA)
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211--Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act

I. Background Information

A. What Is the Statutory Authority for Today's Action?

Today's action is taken under the authority of Sections 111, 114,
129, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7411, 7414,
7429, and 7601(a)). Today's action is a rulemaking subject to the
provision of Clean Air Act section 307(d). See 42 U.S.C. 7606(d)(1).

[[Page 57520]]

B. What Is the Purpose of This Federal Plan?

Section 129 of the CAA requires the EPA to develop emission
guidelines under the authority of sections 111 and 129 of the CAA for
existing ``solid waste incineration units combusting commercial or
industrial waste.'' The EPA refers to these units as ``commercial and
industrial solid waste incineration'' (CISWI) units. The EPA proposed
emission guidelines for CISWI units on November 30, 1999, and
promulgated them on December 1, 2000, (65 FR 75338) (to be codified at
40 CFR part 60, subpart DDDD). In writing Section 129 of the CAA,
Congress looked first to the States as the preferred implementers of
emission guidelines for existing CISWI units. To make these emission
guidelines enforceable, States with existing CISWI units must have
submitted to the EPA within one year following promulgation of the
emission guidelines (by December 1, 2001) State plans that implement
and enforce the emission guidelines. For States or Tribes that do not
have an EPA-approved and effective plan, the EPA must develop and
implement a Federal plan within two years following promulgation of the
emission guidelines (by December 1, 2002). The EPA sees this Federal
plan as an interim measure to ensure that Congressionally mandated
emission standards under authority of sections 111 and 129 of the CAA
are implemented until States assume their role as the preferred
implementers of the emissions guidelines. Thus, the EPA encourages
States to either use the Federal plan as a template to reduce the
effort needed to develop their own plans or to simply take delegation
to directly implement and enforce the guidelines. States without any
existing CISWI units are required to submit to the Administrator a
letter of negative declaration certifying that there are no CISWI units
in the State. No plan is required for States that do not have any CISWI
units.
As discussed in section VII.E of this preamble, Indian Tribes may,
but are not required to, submit Tribal plans to cover CISWI units in
Indian Country. A Tribe may submit to the Administrator a letter of
negative declaration certifying that no CISWI units are located in the
Tribal area. No plan is required for tribes that do not have any CISWI
units. CISWI units located in States or Tribal areas that mistakenly
submit a letter of negative declaration would be subject to the Federal
plan until a State or Tribal plan has been approved and becomes
effective covering those CISWI units.
Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require
the EPA to develop, implement, and enforce this Federal plan to cover
existing CISWI units located in States that do not have an approved
plan within two years after promulgation of the emission guidelines (by
December 1, 2002, for CISWI units). Today's action promulgates a
Federal plan for CISWI units that are not yet covered by an approved
State or Tribal plan.

C. What Impact Does the U.S. Appeals Court Remand and the EPA's
Granting of a Request for Reconsideration Have on This Federal Plan?

Subsequent to the EPA's promulgation of the final rule establishing
the New Source Performance Standards (NSPS and the Emission Guidelines
(EG)for CISWI units, two events occurred that potentially could result
in substantive changes to these standards. First, in August 2001, the
EPA granted a request for reconsideration, pursuant to section
307(d)(7)(B) of the CAA, submitted on behalf of the National Wildlife
Federation and the Louisiana Environmental Action Network, related to
the definition of ``commercial and industrial solid waste incineration
unit'' in the EPA's CISWI rulemaking. In granting this petition for
reconsideration, the EPA agreed to undertake further notice and comment
proceedings related to this definition. Second, on January 30, 2001,
the Sierra Club filed a petition for review in the U.S. Court of
Appeals for the D.C. Circuit challenging the EPA's final CISWI rule. On
Sept. 6, 2001, the Court entered an order granting the EPA's motion for
a voluntary remand of the CISWI rule without vacature. The EPA's
request for a voluntary remand of the final CISWI rule was intended to
allow the EPA to address concerns related to the EPA's procedures for
establishing MACT floors for CISWI units in light of the DC Circuit
Court's decision in Cement Kiln Recycling Coalition v. EPA, 255 F.3d
855 (DC Cir. 2001).
Neither the EPA's granting of the petition for reconsideration, nor
the Court's order granting a voluntary remand, stay, vacate or
otherwise influence the effectiveness of the currently existing CISWI
regulations. Specifically, section 307(d)(7)(B) of the CAA provides
that ``reconsideration shall not postpone the effectiveness of the
rule,'' except that ``[t]he effectiveness of the rule may be stayed
during such reconsideration * * * by the Administrator or the court for
a period not to exceed three months.'' In this case, neither the EPA
nor the court stayed the effectiveness of the final CISWI regulations
in connection with the reconsideration petition. Likewise, the DC
Circuit granted the EPA's motion for a remand without vacature.
Therefore, the Court's remand order had no impact on the effectiveness
of the current CISWI regulations. Because the existing CISWI
regulations remain in full effect, the EPA's obligation under section
129(b)(3) of the CAA to promulgate a Federal plan (to implement those
regulations for existing units that are not covered by an approved and
effective State plan) remains unchanged.\1\ Therefore, the EPA is
complying with its statutory obligations by promulgating the Federal
plan for CISWI units.
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\1\ Similarly, the obligations of States and sources are
unaffected by the reconsideration petition and the remand.
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To the extent that the EPA might take action in the future that
results in changes in the underlying CISWI rule, in response to the
petition for reconsideration or in response to the voluntary remand,
the EPA will simultaneously amend this Federal plan to reflect any such
changes. If such changes become necessary, interested parties,
including States and sources, will have the opportunity to provide
comments, and the EPA will reasonably accommodate the concerns of
commenters as appropriate.

D. Status of State Plan Submittals

Sections 111(d) and 129(b)(2) of the CAA, as amended, 42 U.S.C.
7411(d) and 7429(b)(2), authorize EPA to develop and implement a
Federal plan for CISWI located in States with no approved and effective
State plan. Table 2 summarizes the current status of State plans. The
CISWI covered in EPA-approved State plans are not subject to the CISWI
Federal plan, as of the effective date specified in the Federal
Register notice announcing the EPA's approval of the State plan. The
EPA is not expecting State plans to be submitted by the States that
submitted negative declarations. However, in the unlikely event that
there are CISWI units located in these States, this Federal plan would
automatically apply to such CISWI units.

[[Page 57521]]

Table 2.--Status of State Plans
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I. States With EPA-Approved State Plans
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Alabama, Florida, Indiana, Mississippi, New Hampshire, West Virginia.
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II. Negative Declaration Submitted to EPA
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Arizona, Albuquerque in New Mexico, Clark County in Nevada, Colorado,
Delaware, District of Columbia, Forsyth County in North Carolina,
Kansas, Kentucky, Knox County in Tennessee, Maine, Maricopa County in
Arizona, Mecklenburg County in North Carolina, Memphis/Shelby County in
Tennessee, Missouri, Montana, New York, Nebraska, New Mexico, City of
Philadelphia in Pennsylvania, Pima County in Arizona, Pinal County in
Arizona, Rhode Island, South Dakota, Utah, Vermont, Virgin Islands,
Washoe County in Nevada, Western County in North Carolina, Wyoming.
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III. Final State Plan Submitted to EPA
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Louisiana, Nashville/Davidson County in Tennessee, North Carolina, South
Carolina, Puerto Rico.
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IV. Draft State Plan Submitted to EPA
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Allegheny County in Pennsylvania, Maryland, North Dakota, Ohio,
Oklahoma, Virginia.
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The EPA is currently reviewing final and draft State plans
submitted by the States listed in parts III and IV of Table 2. The
Federal plan covers CISWI in these States until these State plans are
approved by the EPA and become effective. Other States are making
significant progress on their State plans and we expect many State
plans to be approved in the next several months. As our Regional
Offices approve State plans, they will also, in the same action, amend
the appropriate subpart of 40 CFR part 62 to codify their approvals.
The EPA is not aware of any Indian Tribes that are developing Tribal
plans.
The EPA will maintain a list of State plan submittals and approvals
on our Air Toxics Web site at http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html.
The list will help CISWI owners or operators determine
whether their CISWI is affected by a State plan, a Tribal plan, or the
Federal plan. Owners and operators of CISWI units can also contact the
EPA Regional Office for the State in which their CISWI units are
located to determine whether there is an approved and effective State
plan in place.

II. Affected Facilities

A. What Is a CISWI Unit?

A CISWI unit means any combustion device that combusts commercial
and industrial waste, as defined in the final 40 CFR part 62, subpart
III. Commercial and industrial waste is defined as 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 section 62.14525 of subpart III are conditionally exempt from
the Federal plan.

B. Does the Federal Plan Apply to Me?

The Federal plan applies to you if you are the owner or operator of
a combustion device that combusts commercial and industrial waste (as
defined in subpart III) and the device is not covered by an approved
and effective State or Tribal plan as of December 1, 2002. The Federal
plan covers your CISWI unit until the EPA approves a State or Tribal
plan that covers your CISWI unit and that plan becomes effective.
If you began the construction of your CISWI unit on or before
November 30, 1999, it is considered an existing CISWI unit and could be
subject to the Federal plan. 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 could be subject to the Federal plan. 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.
Your CISWI unit is subject to this Federal plan if on November 3,
2003, the EPA has not approved a State or Tribal plan that covers your
unit, or the EPA-approved State or Tribal plan has not become
effective. The specific applicability of this plan is described in
sections 62.14510 through 62.14531 of subpart III.
Once an approved State or Tribal plan is in effect, the Federal
plan no longer applies to a CISWI unit covered by such plan. An
approved State or Tribal plan is a plan developed by a State or Tribe
that the EPA has reviewed and approved based on the requirements in 40
CFR part 60, subpart B to implement and enforce 40 CFR part 60, subpart
DDDD. The State or Tribal plan is effective on the date specified in
the notice published in the Federal Register announcing the EPA's
approval of the plan.
Today's promulgation of the CISWI Federal plan does not preclude
States or Tribes from submitting a plan. Once the EPA approves a State
or Tribal plan, then the Federal plan will no longer apply to CISWI
units covered by the State or Tribal plan as of the effective date of
the State or Tribal plan. (See the discussion in ``Federal Plan Becomes
Effective Prior to Approval of a State or Tribal Plan'' in section
VII.C of this preamble.) If a CISWI unit were to be overlooked by a
State or Tribe and the State or Tribe submitted a negative declaration
letter, or if an individual CISWI unit were not to be covered by an
approved and effective State or Tribal plan, the CISWI unit would be
subject to this Federal plan.

C. How Do I Determine if My CISWI Unit Is Covered by an Approved and
Effective State or Tribal Plan?

Part 62 of Title 40 of the Code of Federal Regulations identifies
the approval and promulgation of section 111(d) and section 129 State
or Tribal plans for designated facilities in each State or area of
Indian Country. However, part 62 is updated only once per year. Thus,
if part 62 does not indicate that your State or Tribal area has an
approved and effective plan, you

[[Page 57522]]

should contact your State environmental agency's air director or your
EPA Regional Office (Table 1) to determine if approval occurred since
publication of the most recent version of part 62.

III. Elements of the CISWI Federal Plan

Since this Federal plan covers CISWI units located in States and
areas of Indian Country where plans are not yet in effect, the EPA has
included in the Federal plan the same elements as are required for
State plans: (1) Identification of legal authority and mechanisms for
implementation, (2) inventory of CISWI units, (3) emissions inventory,
(4) emission limitations, (5) compliance schedules, (6) waste
management plan, (7) testing, monitoring, inspection, reporting, and
recordkeeping, (8) operator training and qualification, (9) public
hearing, and (10) progress reporting. See 40 CFR part 60 subparts B and
C and sections 111 and 129 of the CAA. Each plan element is described
below as it relates to this CISWI Federal plan. Table 3 lists each
element and identifies where it is located or codified.

Table 3.--Elements of the CISWI Federal Plan
------------------------------------------------------------------------
Element of the CISWI federal plan Location
------------------------------------------------------------------------
Legal authority and enforcement mechanism. Sections 129(b)(3) 111(d),
301(a), and 301(d)(4) of
the CAA.
Inventory of Affected MWC Units........... Docket A-2000-52.
Inventory of Emissions.................... Docket A-2000-52.
Emission Limits........................... 40 CFR 62.14630-62.14645.
Compliance Schedules...................... 40 CFR 62.14535-62.14575.
Operator Training and Qualification....... 40 CFR 62.14595-62.14625.
Waste Management Plan..................... 40 CFR 62.14580-62.14590.
Record of Public Hearings................. Docket A-2000-52.
Testing, Monitoring, Recordkeeping, and 40 CFR 62.14670-62.14760.
Reporting.
Progress Reports.......................... Section III.J of this
preamble.
------------------------------------------------------------------------

A. Legal Authority and Enforcement Mechanism

1. EPA's Legal Authority in States
Section 301(a) of the CAA provides the EPA with broad authority to
write regulations that carry out the functions of the CAA. Sections
111(d) and 129(b)(3) of the CAA direct the EPA to develop a Federal
plan for States that do not submit approvable State plans. Sections 111
and 129 of the CAA provide the EPA with the authority to implement and
enforce the Federal plan in cases where the State fails to submit a
satisfactory State plan. Section 129(b)(3) of the CAA requires the EPA
to develop, implement, and enforce a Federal plan within two years
after the date the relevant emission guidelines are promulgated (by
December 1, 2002, for CISWI units). Compliance with the emission
guidelines cannot be later than five years after the relevant emission
guidelines are promulgated (by December 1, 2005, for CISWI units).
2. EPA's Legal Authority in Indian Country
Section 301 of the CAA provides the EPA with the authority to
administer Federal programs in Indian Country. See sections 301(a) and
(d). Section 301(d)(4) of the CAA authorizes the Administrator to
directly administer provisions of the CAA where Tribal implementation
of those provisions is not appropriate or administratively not
feasible. See section VII.E of this preamble for a more detailed
discussion of the EPA's authority to administer the CISWI Federal plan
in Indian Country.
This Federal plan is being promulgated under the legal authority of
the CAA to implement the emission guidelines in those States and areas
of Indian Country not covered by an approved plan. As discussed in
section VII of this document, implementation and enforcement of the
Federal plan may be delegated to eligible Tribal, State, or local
agencies when requested by a State, eligible Tribal, or local agency,
and when the EPA determines that such delegation is appropriate.

B. Inventory of Affected CISWI Units

The Federal plan includes an inventory of CISWI units affected by
the emission guidelines. (See 40 CFR 60.25(a).) Docket number A-2000-52
contains an inventory of the CISWI units that may potentially be
covered by this Federal plan in the absence of State or Tribal plans.
This inventory contains 99 CISWI units in 30 States and one
protectorate. It is based on information collected from State and
Federal databases, information collection request survey responses, and
stakeholder meetings during the development of the CISWI emission
guidelines. The EPA recognizes that this list may not be complete.
Therefore, sources potentially subject to this Federal plan may
include, but are not limited to, the CISWI units listed in the
inventory memorandum in docket number A-2000-52. Any CISWI unit that
meets the applicability criteria in the Federal plan rule is subject to
the Federal plan, regardless of whether it is listed in the inventory.

C. Inventory of Emissions

The Federal plan includes an emissions estimate for CISWI units
subject to the emission guidelines. (See 40 CFR 60.25(a).) The
pollutants to be inventoried are dioxins/furans, cadmium (Cd), lead
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl),
oxides of nitrogen (NO_X), carbon monoxide (CO), and sulfur
dioxide (SO₂). The EPA has estimated the emissions from each
known CISWI unit that potentially may be covered by the Federal plan
for the nine pollutants regulated by the Federal plan.
The emissions inventory is based on available information about the
CISWI units, emission factors, and typical emission rates developed for
calculating nationwide air impacts of the CISWI emission guidelines and
the Federal plan. Refer to the inventory memorandum in docket number A-
2000-52, item number II-B-3 for the complete emissions inventory and
details on the emissions calculations.

D. Emission Limitations

The Federal plan includes emission limitations. (See 40 CFR
60.24(a).) Section 129(b)(2) of the CAA requires these emission
limitations to be ``at least as protective as'' those in the emission
guidelines. The emission limitations in this Federal plan are the same
as those contained in the emission guidelines. (See Table 1 of subpart
III.) Section V. of this preamble discusses the emission limitations
and operating limits. Table 2 of subpart III contains operating limits
for wet scrubbers.

[[Page 57523]]

E. Compliance Schedules

Increments of progress are required for CISWI units that need more
than 1 year from State plan approval to comply, or in the case of the
Federal plan, more than 1 year after promulgation of the final Federal
plan. (See 40 CFR 60.24(e)(1).) Increments of progress are included to
ensure that each CISWI unit needing more time to comply is making
progress toward meeting the emission limits.
For CISWI units that need more than 1 year to comply, the Federal
plan includes in its compliance schedule two increments of progress
from 40 CFR 60.21(h), as allowed by 40 CFR 60.24(e)(1) and required by
40 CFR part 60, subpart DDDD (Sec. 60.2575). The Federal plan includes
defined and enforceable dates for completion of each increment. These
increments of progress are (1) submit final control plan, and (2)
achieve final compliance. The increments of progress are described in
section V.E of this preamble.

F. Waste Management Plan Requirements

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 to reduce or eliminate
toxic emissions from incinerated waste. The waste management plan must
be submitted no later than April 5, 2004. Sections 62.14580 through
62.14590 of subpart III contain the waste management plan requirements.

G. Testing, Monitoring, Recordkeeping, and Reporting

The Federal plan includes testing, monitoring, recordkeeping, and
reporting requirements. (See 40 CFR 60.25.) Testing, monitoring,
recordkeeping, and reporting requirements are consistent with subpart
DDDD, and assure initial and ongoing compliance.

H. Operator Training and Qualification Requirements

The owner or operator must qualify operators or their supervisors
(at least one per facility) by ensuring that they complete an operator
training course and annual review or refresher course. Sections
62.14595 through 62.14625 of subpart III contain the operator training
and qualification requirements.

I. Record of Public Hearings

The proposed Federal plan provided opportunity for public
participation in adopting the plan. No requests for a public hearing
were received by the EPA.

J. Progress Reports

Under the Federal plan, the EPA's Regional Offices will prepare
annual progress reports to show progress of CISWI units in the Region
toward implementation of the emission guidelines. (See 40 CFR
60.25(e).) States or Tribes that have been delegated the authority to
implement and enforce this Federal plan are also required to submit
annual progress reports to the appropriate EPA Regional Office.
Each progress report must include the following items: (1) Status
of enforcement actions; (2) status of increments of progress; (3)
identification of sources that have shut down or started operation; (4)
emission inventory data for sources that were not in operation at the
time of plan development, but that began operation during the reporting
period; (5) additional data as necessary to update previously submitted
source and emission information; and (6) copies of technical reports on
any performance testing and monitoring.

IV. Significant Issues and Changes Since Proposal

A. Applicability of the Standards

A commenter (IV-D-05) representing electric utilities providing
service to more than 95% of the nation's consumers of electricity
commented in support of proposed rules. In particular, the commenter
endorsed the EPA's proposed definitions of ``commercial and industrial
solid waste incineration unit'' and the corresponding definition of
``commercial and industrial waste.'' The commenter said that, taken
together, these two definitions will ensure that the proposed Federal
plan requirements do not inadvertently encompass combustion units,
including electric utility boilers, that burn materials for energy
recovery. The commenter amplified this endorsement noting his
organization's opinion that the proposed rules clarify that the section
129 program was not intended by Congress to encompass electric utility
boiler combustion practices, including those circumstances where
electric utility boilers co-combust non-hazardous solid waste with
fossil fuels during normal production operations. According to the
commenter, it was clear from the legislative history of section 129
that Congress meant only for the EPA to regulate units whose primary
function is to incinerate nonhazardous solid waste, not electric
utility boilers that co-combust small amounts of nonhazardous waste
with fuel during the production of electric power. The commenter sought
to underscore that, for purposes of this rulemaking, the EPA correctly
adopted the same definitions of CISWI and commercial and industrial
waste incorporated in the EG, thereby excluding from the CISWI Federal
plan combustion units, including electric utility boilers, that engage
in energy recovery.
The EPA notes that a comment letter endorsing a proposed action
typically requires no response on our part. Here, we remind the reader
that after promulgating the final rule establishing the NSPS and the EG
for the CISWI category, the EPA received and granted a petition for
reconsideration related specifically to the definition of ``commercial
and industrial solid waste incineration unit''. Thus, the EPA will
undertake additional notice and comment proceedings related to this
definition. Additionally, as discussed above, the EPA accepted a
voluntary remand (without vacature) on the underlying NSPS and EG in
connection with a petition for review filed in the Federal Court of
Appeals for the D.C. Circuit. We clearly acknowledged this fact also in
the proposal for this Federal plan. The EPA intends to take final
action on this definitional issue in conjunction with the EPA's
response to the remand. As we noted at proposal, however, since the
current EG remain in effect, we have proceeded to develop a Federal
plan as required by section 129(b)(3) of the CAA.
Since the Federal plan must mirror the substantive requirements of
the EG, we will promulgate a Federal plan which includes the
definitions endorsed by the commenter. To the extent that we might take
action in the future that results in changes to the definitions in the
underlying CISWI EG, we will simultaneously propose amendments to the
Federal plan to reflect any such changes. If changes become necessary,
interested parties, including the commenter, will have the opportunity
to provide comments. We will reasonably accommodate concerns of
commenters as appropriate.
One commenter (IV-D-01) representing a State air pollution control
agency noted a discrepancy between the proposed Federal plan and EG
requirements for air curtain incinerators (ACI) regarding the types of
wastes qualifying for the exemption of ACI from CISWI emission limits.
The commenter observed that the proposed plan specifies certain
requirements if the ACI's burn only 100 percent wood waste and clean
lumber. By contrast, the EG and NSPS specify certain

[[Page 57524]]

requirements if the ACI burn 100 percent wood waste, 100 percent clean
lumber, or 100 percent wood waste, clean lumber, and/or yard waste. The
commenter asked that the EPA explain and correct the discrepancy as
appropriate.
We agree that the commenter's observation was correct. The proposed
regulatory language has been amended to duplicate the applicability of
the EG. Further, a definition of yard waste has been included to
provide clarity on the meaning of the term ``yard wastes'' for the
purposes of this Federal plan. The term ``yard wastes'' as defined in
the final rule for the CISWI Federal plan includes the excluded wastes
listed in paragraph (1) of the definition of ``wood waste'' in Sec.
62.14840 of the rule. This definition of ``yard wastes'' is consistent
with the one previously promulgated in the NSPS for large municipal
waste combustors (40 CFR Part 60 Subpart Eb). Overall, these changes
will make the final rule better comport to the language in section
129(g)(1) of the CAA.
One commenter (IV-G-01) supports the rationale behind the exemption
in Sec. Sec. 62.14525(n)(7) and 62.2555(n)(7) which exempts ``Units
burning only photographic film to recover silver.'' However, the
commenter believes that for this exemption to be effective, it should
be broadened to cover photographic materials, since there is a broad
range of photographic materials that are burned together to recover
silver. These materials include, not only film, but paper, filters,
sludges and other photosensitive materials. Accordingly, the commenter
recommended changing the wording of Sec. 62.14525(n)(7) to read as
follows: ``(7) Units burning only photographic materials to recover
silver.''
Another commenter (IV-G-04) requested a similar change to the draft
rules to formalize an exemption for carbon regeneration furnaces used
in the corn wet milling industry. He asked for the proposed rule to be
amended to reflect the EPA's granting of a petition for exemption of
these sources on September 24, 2002. To accomplish this purpose, we
were asked to add language to Sec. 62.14525(n) reading as follows:
``Units burning contaminants adsorbed by spent activated carbon when
the spent carbon is being regenerated for reuse in manufacturing
processes.''
While EPA understands the basis for both comments, in light of
section 129(g) of the CAA, we do not believe that adopting additional
specific exemptions in the Federal Plan is the appropriate approach.
First, the appropriate mechanism for requesting exemptions beyond those
expressly provided for in the EG is the petition process described in
Sec. 60.2025 of the NSPS and Sec. 60.2558 of the EG. Second, we do
not believe that it is appropriate to list in the Federal plan each
exemption that EPA approves under these provisions. We are concerned
that making the requested changes would cause a discrepancy between the
express applicability of the EG and the Federal plan. To avoid such
discrepancies, the EPA would need to simultaneously amend the Federal
plan and the EG each time we approve a new exemption under Sec.
60.2558. However, each change in the Federal plan for new exemptions
would cause the Federal plan to differ from State plans.
To appropriately account for exemptions approved under Sec. Sec.
60.2025 and 60.2558, while ensuring that the Federal plan is consistent
with the requirements of the EG, we have amended the final rule to
include a new paragraph 62.14525(n)(8). This provision exempts from the
Federal plan sources which are granted exemptions from the NSPS and EG
through the petition process. Thus, in order to secure an exemption
from the Federal plan requirements based on a facility's status as a
chemical recovery unit, the facility need only apply for and receive an
exemption under the appropriate provision of the NSPS or the EG.
Accordingly, we have also re-drafted Sec. 62.14530 to advise owners/
operators of chemical recovery units not listed in paragraph
62.14525(n) of the appropriate method to request exemptions.
We received comment (IV-D-03) from an operator of CISWI units in
Alaska who requested changes to the proposed rules to fit circumstances
deemed unique to operation of the Alaskan pipeline. The commenter
suggested that a lower size cutoff should be added to the final rule to
reflect the economic impacts of installing emission controls in very
remote locations. The commenter further requested outright exemption of
emergency-use CISWI. The primary concern given was elimination of non-
hazardous debris from the cleanup of large oil spills. The commenter
noted that for large oil spill response operations, incinerators would
be a valuable form of equipment to environmentally and safely dispose
of large amounts of boom, sorbent pads, and personal protective
equipment employed in a clean-up. He said that land-filling such
materials is not a viable option because of the remote locations. He
considered bagging and shipping such waste away from the locale of a
spill infeasible and was not aware of any Alaskan facilities that could
handle the large volumes of oily waste they'd receive. While requesting
that the EPA include in the final Federal plan an exemption for
emergency use CISWI, the commenter would not object to establishment of
minimal standards such as unit capacity limitations in such an
exemption.
We see section 129(a) of the CAA providing discretion to consider
cost, non-air health and environmental impacts and energy requirements
in the establishment of emission standards for CISWI. However, the EPA
may not consider such factors in establishing the minimum stringency
for controls under section 129(a)(2). Moreover, Section 129 does not
permit the EPA to exclude incinerators from coverage under the
regulations based on the size of the incinerator unit. Finally, the
emission limits for CISWI units were established in the manner
prescribed by law for determining that minimal level during development
of the EG. The function of this Federal plan is not to make substantive
changes to those requirement, but to implement those requirements in
States that do not adopt State plans. Section 129(b) requires us to
include in the Federal plan all provisions of the guidelines. Thus, it
would be inappropriate to change this Federal plan in the manner
requested by the commenter.

B. Compliance Schedule

Two commenters (IV-D-02, IV-G-02) asked us to revise the compliance
schedule for existing CISWI units subject to Federal plan to be
consistent with the compliance schedule provided in the EG. Both cited
section 60.2535 of the CISWI EG, wherein the regulation requires
compliance ``as expeditiously as practicable,'' or by the earlier of
two dates: three years after the effective date of State plan approval
or by December 1, 2005. Both noted, however, that section 62.14535 of
the proposed Federal plan provides only one year after promulgation of
the CISWI Federal plan for final compliance. One writer asked us to
synchronize the compliance dates for CISWI units, whether they are
regulated under a State plan or the Federal plan. The other expressed
concern that similar units in different States may have different
compliance dates. We were asked to revise the Federal plan to require
compliance as expeditiously as practicable, but not later than the
earlier date of December 1, 2005, or three years after promulgation of
the Federal plan.
In reply, we note our expectation that schedules for combustion
units subject to section 129 requirements should differ. Because
compliance schedules

[[Page 57525]]

are often tied to the time of State plan approval, most State plans
will have differing compliance dates. Hence, State plans and Federal
plans are not expected to have the same compliance dates for a given
category of sources. Furthermore, State plans and the Federal plan have
the obligation to require compliance ``as expeditiously as
practicable.'' This is specifically required in section 129(f)(2) of
the CAA as well as in 40 CFR 60.24(c) and may be sooner than the worst
case dates identified in the emission guidelines.
State plans were due on December 1, 2002. If a State or Tribe with
existing CISWI units did not submit an approvable plan by December 1,
2002, sections 129 and 111 of the CAA require the EPA to develop,
implement, and enforce a Federal plan for units located in that State
or Tribal area. By developing the Federal plan, we assumed the burden
of implementing the EG for CISWI units not covered by an approved and
effective State or Tribal plan. In the Federal plan, as in a State
plan, the implementing agency has the discretion to apply an
appropriate compliance schedule to the source category. In the case of
the Federal plan, we developed our schedule to achieve compliance with
provisions of the EG as expeditiously as practicable, based on the
feasibility of owners or operators to retrofit combustion units with
air pollution control devices.
Mindful of the requirements of section 129(f)(2), we examined the
feasibility for owners or operators to retrofit combustion units with
air pollution control devices prior to proposal. Based upon
similarities in size and upon examination of eight case studies (Docket
No. A-98-24, II-A-1) of hospital medical infectious waste incineration
(HMIWI) units that completed retrofits of types of controls needed to
meet the HMIWI Federal plan, we chose to require compliance within one
year after publication of the final CISWI Federal plan. Our rationale
for the compliance schedule is discussed fully in the proposal preamble
at 67 FR 70646. Implementation of the EG and Federal plans for HMIWI
have shown that our expectations were well-founded. We concluded that
CISWI owners and operators could meet the final compliance date just as
promptly and efficiently. Also, we noted that in addition to the one
year extension provision of the Federal plan, owner/operators could
have used the time between promulgation of the final CISWI EG (or
proposal of the Federal plan) and promulgation of this Federal plan to
plan and begin retrofits. However, the EPA expects that some CISWI
units could need more than one year to comply, as did some HMIWI units,
due to site-specific circumstances. For units that may have more
complex retrofits or constraints that prevent them from complying
within one year, the Federal plan establishes increments of progress
and those units must comply within two years.
Thus, we will retain the proposed compliance schedule in the final
CISWI Federal plan. Existing CISWI units must comply within one year
after publication of the final rule in the Federal Register or meet
increments of progress and comply within two years after publication of
the final rule in the Federal Register.
We received a request (IV-G-02) to clarify the compliance schedule
for CISWI units that may lose the rule exemption provided in Sec.
62.14525(n)(4) after the effective date of the rule. Section
62.14525(n)(4) exempts chemical recovery units burning only
manufacturing byproduct streams/residues containing catalyst metals
which are reclaimed and reused as catalysts or used to produce
commercial grade catalysts. The commenter owns an operating site which
he believes qualifies for an exemption from the requirements of the
CISWI Federal plan because catalyst metals in incinerator fly ash are
reclaimed off site or used in making commercial grade catalysts. The
commenter is concerned about the potential unavailability of an off-
site reclamation facility and requested that we provide at least three
years after the loss of his expected rule exemption for final
compliance with the rule requirements.
As outlined above and in the preamble to the proposed rule, we
respond by stating our expectation that most CISWI units will reach
final compliance promptly and efficiently. Those CISWI units that
become exempt through Sec. Sec. 62.14525 and 62.14530 of the Federal
plan, but lose that exemption after the compliance date of the Federal
plan, must begin complying with the requirements of the Federal plan
immediately upon loss of the exemption. Moreover, section 129(b)(3)
requires that all CISWI units must be in compliance with the
requirements of a State or Federal plan no later than five years after
promulgation of the emission guidelines, which is December 1, 2005.
Therefore, we would not have the authority to allow a compliance date
three years after loss of an exemption, as suggested by the commenter.
If owners or operators of affected CISWI units anticipate that they
will not be exempt in the future, we encourage them to begin plans for
installation of any controls needed to meet the CISWI emission limits.
According to this final Federal plan, owners or operators are required
to either: (1) Reach final compliance by the date one year after
publication of this final rule in the Federal Register; or (2) meet
increments of progress and reach final compliance by the date two years
after publication of this final rule in the Federal Register. The final
compliance schedule and increments of progress are contained in
Sec. Sec. 62.14535 through 62.14575 of the final CISWI Federal plan.
Therefore, any unit that loses its exemption after the applicable
compliance date (one year from publication of this final Federal plan,
or if a facility has met all the requirements related to increments of
progress, two years after the publication of this final Federal Plan)
must meet the applicable standards as of the date that it loses its
exemption. Similarly, if a facility loses an exemption prior to the
applicable compliance date, the facility must meet the required
standards as of the compliance date.
The same commenter (IV-G-02) opined that the proposed petition
requirements in Sec. 62.14536 for one year compliance extensions are
unnecessary. He said that the CISWI EG include no corresponding
requirement for compliance extensions beyond meeting the two increments
of progress. The commenter believes the increment of progress
requirements in proposed Sec. 62.14540 are sufficient and requested
that EPA remove the proposed requirements in Sec. 62.14536.
We disagree. To develop the CISWI Federal plan, we must determine
how to fill in implementation details not spelled out in the EG or
subpart B, including how and when to grant compliance extensions (as
must States when developing State plans). The EG provide a framework
for implementation, but some details need to be developed through
implementation plans. Paragraph 129(f)(2) requires that the EG be
applied as expeditiously as practicable. Our prior experience with
similar sources shows that requiring compliance within 12 months of
promulgation of the final rule is generally achievable and this is
reflected in the proposed rule. Prior experience also shows that, in
some instances, site-specific concerns can make a one year compliance
schedule impracticable and that is also reflected in the proposed one
year extension of the compliance date. Some criteria are needed to
guide the EPA and the regulated community as to when it would be
appropriate to allow extra time for sources to achieve final

[[Page 57526]]

compliance and how to accomplish this procedurally. The Federal plan is
being implemented under the legal authority of section 111 as well as
section 129. For plans to implement EG under section 111 of the CAA,
the broad procedural approach to be followed is given in the Code of
Federal Regulations at 40 CFR part 60, subpart B. Specifically,
paragraphs 60.24(f)(1) to (3) provide criteria for resolving the
question of how to decide when it is appropriate to allow affected
facilities additional time to achieve compliance. In particular, there
must be a determination that meeting the initial compliance date would
be unreasonably costly, physically impossible, or otherwise
unreasonable. The petition requirements in Sec. 62.14536 for sources
to request one-year compliance extensions were included in the proposed
rule for the express purpose of addressing these requirements.
We have consistently advised States developing State plans to look
to the HMIWI Federal plan for guidance regarding a detailed process for
addressing compliance extensions. Similarly, we are following the
general procedural approach of the HMIWI Federal plan for the CISWI
Federal plan. Our decision to take this path was based upon the
knowledge that the HMIWI Federal plan approach had previously undergone
notice and comment and that its efficacy had been tested in practice
through implementation of the HMIWI Federal plan. Thus, we believe that
the proposed criteria for compliance extensions constitute a reasonable
and appropriate solution to a known problem and are leaving those
criteria in the final rule.
The same commenter (IV-G-02) asked us to revise the performance
test timing requirements in Sec. 62.14665 to allow at least 180 days
after final compliance date for the initial performance test. He
claimed that 90 days after the final compliance date would be
insufficient time to coordinate the operations and emissions test
schedules and complete the final performance test. He noted that Sec.
60.2705 of the CISWI emissions guidelines allows CISWI units subject to
a State plan up to 180 days after the final compliance date for
conducting an initial performance test. The commenter believes the
performance test timing requirements for the CISWI units subject to
Federal plan should be consistent with the performance test timing
requirements for the CISWI units subject to a State plan. The commenter
noted that such a change would make the CISWI Federal plan consistent
with the CISWI emission guidelines.
The 180-day time period to conduct compliance testing originated in
the 1970s, when industry commented that there were not enough qualified
testers to perform the surge of testing that was expected as the
original major rules took effect. At the time, there was enough
credibility to the argument that rule writers allowed a full 180 days
(6 months) to conduct compliance testing. This then became a common
allowance in subsequent NSPS and EG. Under this Federal plan, there are
relatively few CISWI units to be tested, qualified testers are
abundant, and there is sufficient lead time for CISWI owners and
operators to coordinate operations and emissions testing.
While, as the commenter observes, the EG allow States to give
sources up to 180 days after the final compliance date to complete
performance testing, 180 days is the maximum amount of time that may be
allowed. Implementing authorities may require performance testing more
quickly. As discussed above, sufficient test equipment and personnel
are available. In this case, the EPA expects that 90 days is
appropriate and sufficient time to coordinate the operations and
emissions test schedules and complete the final performance test.
This approach has the advantage of reducing the duration of the
period of uncertainty about compliance status between the actual
compliance date and the time that a final test report has been
submitted and approved. While sources are liable for their compliance,
or lack thereof, from the compliance date onward, there exists a time
of uncertainty until testing has been completed and approved by all
relevant parties. Since the proposed plan allows sources two months
following the initial performance test to submit test reports, the
actual period of uncertainty over compliance status is potentially
eight months with a 180 day testing delay. Should a source fail its
performance test, it is immediately subject to enforcement consequences
for its actions dating from the compliance date until such time as a
performance test is successfully passed. However, the task of the
agency responsible for enforcement is complicated by forced reliance
upon a combination of data obtained at an unsuccessful performance test
and data obtained from continuous monitoring systems. In developing the
Federal plan, we have sought to reduce the potential negative impacts
associated with this period of uncertainty. At the same time, we are
not entirely satisfied that the complete elimination of a delay in
performance testing after the compliance date is appropriate and,
hence, we proposed a three month period. In this specific case, some
sources may receive compliance extensions allowing up to two years from
the date of publication of the this final rule. It seems reasonable
that such sources would have more than enough time to arrange and
complete performance testing ahead of their extended compliance date.
For most sources, which will spend the next year planning and
installing emission control systems, we concluded that some additional
time after the compliance date may be needed to complete performance
testing. Thus, we have retained the requirement to conduct the initial
performance test no later than 90 days after the final compliance date.
In doing so, we have balanced the need for timely assurance of
compliance with the practicalities of scheduling and completing
performance testing.

C. Air Curtain Incinerators

We received two statements of opinion arguing against requiring
title V operating permits for air curtain incinerators (ACI). One
commenter (IV-D-01) representing a State air pollution control agency
noted that the proposed rules were clearly written to specify that ACI
would be required to obtain title V operating permits. He correctly
observed that the EG and the NSPS do not specify that ACI should obtain
a title V permit and requested that we change the final rule language
in the Federal plan to read the same as EG and NSPS. He went on to
express his opinion that doing so would result in ACI not being
permitted under title V. This would be acceptable to the commenter who
expressed his belief that the CAA does not require existing ACI (which
burn only the particular wastes specified under the CAA) to operate
under a title V permit. He presented a rationale for this belief. He
first noted that section 129 of the CAA provides for State plans (and
Federal plans) for CISWI under the combined authority of sections 129
and 111 of the CAA. His rationale first quotes section 129(g) of the
CAA which states that the term ``solid waste incineration unit'' does
not include, among other things, `` air curtain incinerators provided
that such incinerators only burn wood wastes, yard wastes and clean
lumber and that such air curtain incinerators comply with opacity
limitations to be established by the Administrator by rule.''
His next step is to focus upon the language specific to title V
operating permits in section 129(e) wherein the CAA states ``Beginning
(1) 36 months after the promulgation of a performance standard under
subsection (a) and

[[Page 57527]]

section 111 applicable to a category of solid waste incineration units,
or (2) the effective date of a permit program under title V in the
State in which the unit is located, whichever is later, each unit in
the category shall operate pursuant to a permit issued under this
subsection and title V.'' (Emphasis added by commenter) He then
combines the two passages cited to conclude that, ``by definition, ACIs
are not solid waste incineration units as long as they burn only the
wastes which are narrowly defined in the Act. Therefore, ACIs are not
required to operate under a title V permit.''
A second State pollution control agency (IV-G-03) echoed the
preceding rationale and conclusions.
We respond by first saying that we were specific in the proposal
about the need for title V permits for ACI subject to the Federal plan
for the purpose of clarifying that need. We did so in order to clearly
present the Agency's view of these sources' title V obligations, and to
answer questions such as those voiced by the commenter resulting from
the absence of such specific language in the EG and NSPS. The Agency
has consistently maintained that operating permits are needed for ACI
subject to the NSPS and to State plans drafted pursuant to the EG.
However, communications we have received since promulgation of the EG
and NSPS pointed to the advisability of specifically clarifying the
matter in the preamble to the Federal plan and in the rule itself.
Thus, to facilitate the application of title V to these sources, we
have specifically included in this Federal plan language describing the
need for title V operating permits.
We disagree with the commenters' conclusion that ACI subject to the
CISWI Federal plan need not obtain title V operating permits. As noted
by the commenters, section 129 directs the Agency to develop
requirements for ACI under the authority of section 111, as well as
section 129. Thus, there are two potential origins of title V
obligations: Section 129(e) and section 502(a). Accordingly, even if
section 129(e) were not applicable, sources would clearly still be
subject to title V, based on the general obligation for all sources
subject to rules written under the authority of section 111 to have
operating permits. Thus, all ACI subject to State plans, Federal plans,
or NSPS must obtain title V operating permits.
With regard to the question of when such permit applications are
due, we believe that the Act provides sufficient discretion for the
Agency to require title V permit applications for ACI in a manner that
is consistent with the obligations of other sources regulated under
section 129 and 111. While paragraph 129(g) clearly contemplates
exempting certain ACI from the substantive emission standards under
paragraphs 129(a) and (b), it is less clear what impact this limited
exemption has on such sources' obligations under title V. In general,
it is clear that section 129 is meant to apply to ACI; either in full
for those ACI that do not meet the limited criteria of the section
129(g) exemption, or in a more limited fashion (including opacity
standards) for those ACIs that qualify for the section 129(g)
exemption. For ACIs subject to the opacity standards that EPA adopts
under this section, the applicability of the 129(e) title V
requirements are made somewhat ambiguous by the wording of paragraph
129(g). However, having established that title V operating permits for
ACI are required as a matter of law (under either 129(e) or 502(a)), we
believe that it is a reasonable exercise of the Agency's discretion to
require all covered ACI (including those subject to the section 129/111
opacity standards) to apply for title V permits within the period of
time permitted by section 129(e). We believe that the intent of section
129 is best served by maintaining consistency in the title V
obligations among the universe of sources regulated under this section,
thereby ensuring that the contemplated emissions reductions are
achieved expeditiously for each category of sources regulated under
this section. Moreover, for ACIs subject only to section 129/111
opacity standards, permit applications should be simpler to prepare
than for sources subject to full regulation under the section 129
emission standards. Thus, the EPA is retaining the requirement for all
sources regulated under section 129/111 (including ACI) to submit title
V operating permit applications within the time frame described in
section 129(e). Consistent with this requirement, a detailed
explanation of when sources regulated under section 129/111 (again,
including ACI) must apply for a title V permit, whether subject to a
State plan, Federal plan, or NSPS, can be found in Table 6 included in
section VIII. of the preamble (titled ``Title V Operating Permits'').
One of the State agency commenters (IV-G-03) also questioned the
utility of requiring title V operating permits for ACI. He said that if
ACI are operated properly, the opacity requirement is easily achieved
and the Federal plan and the CISWI EG/NSPS rules appear to require
nothing more than for the units to operate normally. If such were the
case, he would see requiring ACI to obtain title V operating permits to
be a very protracted administrative effort that would achieve no air
quality benefits.
As we discussed above, we have concluded that ACI need to obtain
title V permits. However, we do not believe that the process for ACI to
obtain title V operating permits needs to be as burdensome as suggested
by the commenter. In terms of the burden of permitting, it is worth
noting that there are only a minimal number of requirements in the
Federal plan which apply to those ACI which burn 100% wood wastes,
clean lumber, and/or yard waste. And, as noted by the commenter, these
requirements are straightforward. Therefore, these requirements should
not be difficult to incorporate into a title V application or permit.
In terms of air quality benefits, we believe that title V permits
provide air quality benefits by helping to ensure that sources comply
with the requirements to which they are subject. Title V requirements
help ensure compliance with applicable requirements in a number of
ways. For example, title V regulations at 40 CFR part 70 and 71 require
sources to self-certify compliance with applicable requirements
initially and annually, require sources to promptly report deviations
from a permit, and require that title V permits contain monitoring
sufficient to assure compliance. This last requirement may necessitate
that additional monitoring be added to a permit to supplement the
monitoring required by the relevant applicable requirement. In short,
title V operating permit requirements can enhance the effectiveness of
rules such as this Federal plan. In terms of this particular rule, a
title V permit will help ensure that an ACI operates within the
parameters established by the Federal plan whether it burns 100% wood
wastes, clean lumber, and/or yard waste, or whether it burns other
wastes and becomes subject to all of the requirements in the Federal
plan.
The commenter also noted the number of exemptions resulting in
negative declarations for CISWI and the similarly structured small
municipal waste combustors (small MWC) rule. He was of the opinion that
since both the CISWI rule and the small MWC rule have numerous
exemptions for a wide variety of sources, most states have few if any
sources covered by them. As an example, he said his State submitted
negative declarations for the small MWC rule and many more States
submitted negative declarations for the CISWI rule. In his State, out
of hundreds of potential

[[Page 57528]]

sources, due to the number of exemptions, they found just nine units
affected by the combined rules, all of which were ACI. Since, in his
opinion, the Federal plan will simply require these units to operate
normally, he questioned the efficacy of expending so much effort on
these series of rules.
The significance of the commenter's observations regarding negative
declarations is unclear. Although the number of sources ultimately
regulated by these rules may be less than expected in some States,
significant emissions reductions are being achieved throughout the
country through the implementation of these rules.

D. Delegation of Authority

A State air pollution control agency (IV-D-04) expressed concerns
about the EPA's general approach to delegating authority and about
specific aspects of the proposed plan. The commenter pointed to
perceived inconsistencies in a number of NSPS and Federal plans and
suggested the proposed plan would contribute to a pattern of
inconsistency. Specific to the proposed CISWI Federal plan, the
commenter observed that an inspector would need to carry around a copy
of the proposal preamble in addition to the Code of Federal Regulations
(CFR) because the delegation of authority provisions were placed in the
preamble instead of following the previously established practice of
including them in the CFR. In addition, the commenter listed specific
questions about the differences in retained authorities in the CISWI
NSPS and the proposed CISWI Federal plan. He posited that the EPA's
general inconsistency combined with the specifics of the proposal
impede the efforts of compliance inspectors. The commenter recommended
an approach for the EPA to use in promulgating this Federal plan and
other regulations concerning the section 129 and section 111 programs.
He asked that the provisions concerning delegation of authority should
be promulgated as part of the regulation and published in the CFR. They
should be written so as to use the same words to express the same
meaning and be based upon a consistent policy as to the provisions that
are not allowed to be delegated.
Our overall response is that we delegate as much authority as
possible, consistent with Congress' intent that States, Tribes, and
local agencies take the primary responsibility for ensuring that the
emission limitations and other requirements in the emission guidelines
are achieved (as discussed at 67 FR 70647). We do withhold delegation
of authorities that may have an effect on the stringency of a standard.
The EPA permits delegation to a State or local agency of all the
Administrator's authorities under 40 CFR part 60, except those that
require rulemaking to implement, that affect the stringency of the
standard, or where national oversight is the only way to ensure
national consistency. In the CISWI source category, as well as the
other categories cited by the commenter, authorities that could affect
the stringency of the standard include approval of alternative emission
standards and operating limits; alternatives to test methods; and
alternatives to monitoring, recordkeeping, and reporting. For section
111 rules, these authorities are specifically listed in the general
provisions of 40 CFR part 60 as authorities not to be delegated.
Because each source category is different, many individual sections of
40 CFR part 60 specifically indicate that certain authorities may not
be delegated. Thus, although we generally withhold delegation of these
same authorities (such as approval of test methods, alternative
emission standards) in the Federal plans, we customize the list for
each source category to ensure that the stringency of the standard for
that category is not jeopardized.
In response to the commenter's specific concern about our proposed
rule, we revised the rule to assure that the provisions concerning
delegation of authority will be codified in the CFR. In addition to
including the delegation of authority provisions in the regulation, we
revised the delegation of authority language to more closely match the
equivalent sections in the NSPS. By using parallel language within the
CISWI source category, we expect the requirements of the CISWI Federal
plan to be more clear to State compliance inspectors. In addition,
using the same language promotes consistent application of requirements
for new CISWI units affected by the NSPS and existing CISWI units
affected by the Federal plan.

V. Summary of CISWI Federal Plan

A. What Emission Limitations Must I Meet?

As the owner or operator of an existing CISWI unit, you will be
required to meet the emission limitations specified in Table 4. See
section V.E of this preamble for a discussion of the compliance
schedule.

Table 4.--Emission Limitations for Existing CISWI Units
----------------------------------------------------------------------------------------------------------------
You must meet these
For these pollutants emission limitations And determine compliance using these methods b
a
----------------------------------------------------------------------------------------------------------------
Cadmium.......................... 0.004 mg/dscm....... EPA Method 29.
Carbon Monoxide.................. 157 ppm............. EPA Methods 10, 10A, or 10B.
Dioxins/Furans, toxic equivalent 0.41 ng/dscm........ EPA Method 23.
(TEQ) basis.
Hydrogen Chloride................ 62 ppm by dry volume EPA Method 29.
Lead............................. 0.04 mg.dscm........ EPA Method 29.
Mercury.......................... 0.47 mg/dscm........ EPA Method 29.
Opacity.......................... 10 percent.......... EPA Method 29.
Oxides of Nitrogen............... 388 ppm by dry EPA Method 7, 7A, 7C, 7D, or 7E.
volume.
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.

B. 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 5. You must operate the CISWI unit
and wet scrubber so that the operating parameters do not deviate from
the established operating limits.

[[Page 57529]]

Table 5.--Operating Limits or Existing CISWI Units Using Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish these And monitor continuously using these
For these operating parameters operating limits recording times
----------------------------------------------------------------------------------------------------------------
Charge rate............................ Maximum charge rate....... Every hour.
Pressure drop across the wet scrubber, Minimum pressure drop or Every 15 minutes.
or amperage to the wet scrubber. amperage.
Scrubber liquor flow rate.............. Minimum flow rate......... Every 15 minutes.
Scrubber liquor pH..................... Minimum pH................ Every 15 minutes.
----------------------------------------------------------------------------------------------------------------
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. 62.14640 of subpart III.
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 any 6-month period.

C. What Are the Requirements for Air Curtain Incinerators?

The Federal plan establishes opacity limitations for air curtain
CISWI units burning 100 percent wood wastes, clean lumber, and/or yard
wastes. This opacity limitation is 10 percent, except 35 percent
opacity is allowed during start-up periods that are within the first 30
minutes of operation.

D. What Are the Testing, Monitoring, Inspection, Recordkeeping, and
Reporting Requirements?

The owner or operator of a CISWI unit subject to the CISWI Federal
plan must conduct initial performance tests for cadmium, dioxins/
furans, hydrogen chloride, lead, mercury, opacity, particulate matter,
and sulfur dioxide and establish operating limits (i.e., maximum or
minimum values for operating parameters). The initial performance test
must be conducted within 90 days after the date the facility is
required to achieve final compliance.
The owner or operator must conduct annual performance tests for
particulate matter, hydrogen chloride, 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.)
To assure ongoing achievement of the Federal plan's provisions, an
owner or operator using a wet scrubber to comply with the emission
limitations will 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,
the owner or operator must monitor other operating parameters, as
approved by the Administrator.
If the owner or operator is using a fabric filter to comply with
the emission limitations, in addition to other operating limits as
approved by the Administrator, the owner or operator must install and
continuously operate a bag leak detection system. The owner or operator
must keep records of periods when the alarm sounds and calculate
whether these periods are more than 5 percent of the operating time for
each 6-month period. The owner or operator must submit information
documenting compliance with these requirements as part of an annual
report; and report deviations semi-annually.
In addition, the Federal plan requires CISWI unit owners and
operators to maintain for five years records of the initial performance
tests and all subsequent performance tests, operating parameters, any
maintenance, and operator training and qualification. The owner or
operator must submit the results of the initial performance tests and
all subsequent performance tests and values for the operating
parameters in annual reports.

E. What Is the Compliance Schedule?

Each CISWI unit must either: (1) Reach final compliance by October
4, 2004, or (2) meet increments of progress and reach final compliance
by October 3, 2005. In addition, the owner or operator must comply with
the operator training and qualification requirements and inspection
requirements by October 4, 2004, regardless of when the CISWI unit
reaches final compliance.
Each owner or operator that takes more than 1 year to reach final
compliance must submit a final control plan (increment 1) by April 5,
2004 and reach final compliance (increment 2) by October 3, 2005. To
ensure timely progress toward implementation, the Federal plan includes
a requirement for owners or operators of CISWI units seeking to take an
additional year to reach final compliance to submit a request to the
Administrator that documents the need for an extension.
To meet the increment 1 requirement, the owner or operator of each
CISWI unit must submit a final control plan that includes five items:
(1) A description of the air pollution control devices and/or process
changes that will be employed so that each CISWI unit complies with the
emission limits and other requirements, (2) a list of the types of
waste burned, (3) the maximum design waste burning capacity, (4) the
anticipated maximum charge rate, and, (5) if applicable, the petition
for site-specific operating limits. A final control plan is not
required for units that will be shut down, but those units must close
by October 4, 2004 or must submit a closure agreement by April 5, 2004,
close no later than October 3, 2005, and meet other requirements as
described in section VI.A. of this preamble.
To meet the second increment of progress, the owner or operator of
each CISWI unit must incorporate all process changes or complete
retrofit construction in accordance with the final control plan. The
owner or operator must connect the air pollution control equipment or
process changes such that when the CISWI unit is brought on line all
necessary process changes or air pollution control equipment will
operate as designed.

F. How Did EPA Determine the Compliance Schedule?

The EPA determined the compliance schedule based on the
requirements of 40 CFR part 60, subpart B and the feasibility of owners
or operators to retrofit combustion units with air pollution control
devices. CISWI units must comply within 1 year after publication of the
final Federal plan or meet increments of progress. The

[[Page 57530]]

requirement to reach final compliance within one year is consistent
with 40 CFR 60.24(c) of subpart B. Subpart B requires final compliance
to be ``as expeditiously as practicable * * * '' and requires
increments of progress if the compliance schedule is longer than one
year.
The EPA believes that many CISWI units can reach final compliance
within 1 year after promulgation of the Federal plan based on their
similarity to hospital medical and infectious waste incinerator (HMIWI)
units. In addition, units could have used the time between the proposed
rule and this promulgation of the final Federal plan to plan and begin
retrofits.
The compliance schedule for CISWI units is similar to the
compliance schedule for HMIWI units. Most CISWI units are similar in
size to HMIWI units. In addition, CISWI units require similar controls
to meet the CISWI Federal plan emission limits as HMIWI units would
need to meet the HMIWI Federal plan emission limits. To determine the
compliance schedule for HMIWI units, the EPA conducted case studies of
eight HMIWI units that completed retrofits of the types of controls
needed to meet the HMIWI Federal plan (64 FR 36430, July 6, 1999).
Based on these case studies (Docket No. A-98-24, II-A-1), the EPA found
that many HMIWI units can meet the requirements of the HMIWI Federal
plan within 1 year. Similarly, many CISWI units could meet a 1-year
schedule.
The EPA expects that some CISWI units could need more than 1 year
to comply, as did some HMIWI units, due to site-specific circumstances.
For units that cannot comply within 1 year, the Federal plan
establishes increments of progress, as required by subpart B. The date
for the first increment of progress, submittal of a final control plan,
is April 5, 2004. The date for the second increment of progress, final
compliance, is October 3, 2005. These increments are derived from the
findings of the case studies performed to characterize the retrofit of
control systems for HMIWI (Docket A-98-24, Item II-A-1). The size and
design of CISWI are similar to the smaller HMIWI that were the subjects
of the case studies. In particular, most units are small and controls
will be ordered ``off-the-shelf'' as assembled packages. Thus, the EPA
did not see a need for increments to address details of on-site
construction and installation of control systems. Also, CISWI sites are
not thought to have the problems with space and access that were
concerns for HMIWI retrofits. In addition, CISWI units had the time
between publication of the proposed rule and today's publication of the
final rule to begin developing the final control plan and to initiate
retrofit activities.
The Federal plan does not include increments of progress for air
curtain incinerators. Air curtain incinerators must comply with the
requirements of the Federal plan one year after today's date. Delaying
implementation for ACI would not be appropriate because there will be
little or no need for the installation of control equipment on these
units (primarily because control equipment is typically infeasible for
ACI). Compliance with the opacity limits applicable to this class of
units would primarily be achieved by good operation and maintenance
practices. This approach is consistent with the requirement for
completion of CISWI operator training by October 4, 2004.

VI. CISWI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

If you plan to permanently close your currently operating CISWI
unit, you must do one of the following: (a) close by October 4, 2004,
or (b) submit a legally binding closure agreement, including the date
of closure, to the Administrator by April 5, 2004. The closure
agreement must specify the date by which operation will cease. The
closure date cannot be later than the final compliance date of the
CISWI Federal plan (October 3, 2005). If you close your CISWI unit
after October 4, 2004, but before October 3, 2005, then you must comply
with the operator training and qualification requirements by October 4,
2004. In addition, while still in operation, your CISWI unit(s) is
subject to the same requirement to apply for and obtain a title V
operating permit that applies to a CISWI unit that will not be
permanently closing.

B. Inoperable Units

In cases where a CISWI unit has already shut down, has been
rendered inoperable, and does not intend to restart, the CISWI unit may
be left off the source inventory in a State, Tribal, or this Federal
plan. A CISWI unit that has been rendered inoperable would not be
covered by the Federal plan. The CISWI owner or operator may do the
following to render a CISWI unit inoperable: (1) Weld the waste charge
door shut, (2) remove stack (and by-pass stack, if applicable), (3)
remove combustion air blowers, or (4) remove burners or fuel supply
appurtenances.

C. CISWI Units That Have Shut Down

CISWI units that are known to have already shut down (but are not
known to be inoperable) must be included in the source inventory and
identified in any State or Tribal plan submitted to the EPA.
1. Restarting Before the Final Compliance Date
If the owner or operator of an inactive CISWI unit plans to restart
before the final compliance date, the owner or operator must submit a
control plan for the CISWI unit and meet the applicable compliance
schedule. Final compliance is required for all pollutants and all CISWI
units no later than the final compliance date. (See section V.E for the
discussion on compliance schedules and increments of progress.)
2. Restarting After the Final Compliance Date
Under this Federal plan, a control plan would not be needed for
inactive CISWI units that restart after the final compliance date.
However, before restarting, operators of CISWI units would have to
complete the operator training and qualification requirements and
inspection requirements (if applicable) and complete retrofit or
process modifications before restarting the unit. Performance testing
to demonstrate compliance would be required within 90 days after
restarting. There is no need to show that the increments of progress
have been met since these steps would have occurred before restart
while the CISWI unit was shut down and not generating emissions. A
CISWI unit operating out of compliance after the final compliance date
would be in violation of the Federal plan and subject to enforcement
action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

Under sections 111(d) and 129(b) of the CAA, the EPA is required to
adopt emission guidelines that are applicable to existing solid waste
incineration sources. These emission guidelines are not enforceable
until the EPA approves a State or Tribal plan or adopts a Federal plan
that implements and enforces them, and the State, Tribal, or Federal
plan has become effective. As discussed above, the Federal plan
regulates CISWI units in a State or Tribal area that does not have an
EPA-approved plan in effect.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with State

[[Page 57531]]

and local agencies. See section 101(a)(3) of the CAA. Consistent with
that overall determination, Congress established sections 111 and 129
of the CAA with the intent that the States would assume primary
responsibility for ensuring that the emission limitations and other
requirements in the emission guidelines would be achieved. Also, in
section 111(d) of the CAA, Congress explicitly required the EPA to
establish procedures similar to those under section 110(c) for State
implementation plans. Although Congress required the EPA to propose and
promulgate a Federal plan for States that fail to submit approvable
State plans on time, States and Tribes may submit approvable plans
after today's promulgation of the CISWI Federal plan. The EPA strongly
encourages States that are unable to submit approvable plans to request
delegation of the Federal plan so that they can have primary
responsibility for implementing the emission guidelines, consistent
with Congress' intent.
Approved and effective State plans or delegation of the Federal
plan is the EPA's preferred outcome since we believe that State
agencies not only have the responsibility to carry out the emission
guidelines, but also have the practical knowledge and enforcement
resources critical to achieving the highest rate of compliance. For
these reasons, the EPA will do all that it can to expedite delegation
of the Federal plan to State agencies, whenever possible.
The EPA also believes that Indian Tribes should be the primary
parties responsible for regulating air quality within Indian Country,
if they desire to do so. See the EPA's Indian Policy (``Policy for
Administration of Environmental Programs on Indian Reservations,''
signed by William D. Ruckelshaus, Administrator of EPA, dated November
4, 1984), reaffirmed in a 2001 memorandum (``EPA Indian Policy,''
signed by Christine Todd Whitman, Administrator of EPA, dated July 11,
2001).

B. Delegation of the Federal Plan and Retained Authorities

If a State or Indian Tribe intends to take delegation of the
Federal plan, the State or Indian Tribe must submit to the appropriate
EPA Regional Office a written request for delegation of authority. The
State or Indian Tribe must explain how it meets the criteria for
delegation. See generally ``Good Practices Manual for Delegation of
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation,
an Indian Tribe must also establish its eligibility to be treated in
the same manner as a State (see section VII.E.1 of this preamble). The
letter requesting delegation of authority to implement the Federal plan
must demonstrate that the State or Tribe has adequate resources, as
well as the legal and enforcement authority to administer and enforce
the program. A memorandum of agreement between the State or Tribe and
the EPA would set forth the terms and conditions of the delegation, the
effective date of the agreement, and would also serve as the mechanism
to transfer authority. Upon signature of the agreement, the appropriate
EPA Regional Office would publish an approval notice in the Federal
Register, thereby incorporating the delegation authority into the
appropriate subpart of 40 CFR part 62.
If authority is not delegated to a State or Indian Tribe, the EPA
will implement the Federal plan. Also, if a State or Tribe fails to
properly implement a delegated portion of the Federal plan, the EPA
will assume direct implementation and enforcement of that portion. The
EPA will continue to hold enforcement authority along with the State or
Tribe even when a State or Tribe has received delegation of the Federal
plan. In all cases where the Federal plan is delegated, the EPA will
withhold and will not transfer to a State or Tribe authority to perform
several specific actions. We typically do not delegate authority to
devise alternative requirements that could change the stringency of the
underlying standard, which are likely to be nationally significant, or
which may require a national rulemaking and subsequent Federal Register
notice. The following authorities may not be delegated to the State,
Tribal or local agencies: Approval of alternative non-opacity emission
standards, approval of alternative opacity standards, approval of major
alternatives to test methods, approval of major alternatives to
monitoring, and waiver of recordkeeping and reporting. For this Federal
plan we are also maintaining the following authorities:

(1) Alternative site-specific operating parameters established
by facilities using CISWI controls other than a wet scrubber (Sec.
62.14640 of subpart III),
(2) Petitions to the Administrator under section 62.14530 to add
a chemical recovery unit to section 62.14525(n) of subpart III, and
(3) Alternative methods of demonstrating compliance.

CISWI owners or operators who wish to establish alternative
operating parameters or alternative methods of demonstrating compliance
should submit a request to the Regional Office Administrator with a
copy to the appropriate State or Tribe.

C. Mechanisms for Transferring Authority

There are two mechanisms for transferring implementation authority
to State or Tribal agencies: (1) EPA approval of a State or Tribal plan
after the Federal plan is in effect; and (2) if a State or Tribe does
not submit or obtain approval of its own plan, EPA delegation to a
State or Tribe of the authority to implement certain portions of this
Federal plan to the extent appropriate and if allowed by State or
Tribal law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State or
Tribal Plan
After CISWI units in a State or Tribal area become subject to the
Federal plan, the State or Tribal agency may still adopt and submit a
plan to the EPA. If the EPA determines that the State or Tribal plan is
as protective as the emission guidelines, we will approve the State or
Tribal plan. If the EPA determines that the plan is not as protective
as the emission guidelines, we will disapprove the plan and the CISWI
units covered in the State or Tribal plan will remain subject to the
Federal plan until a State or Tribal plan covering those CISWI units is
approved and effective.
Upon the effective date of an approved State or Tribal plan, the
Federal plan will no longer apply to CISWI units covered by such a
plan, and the State or Tribal agency will implement and enforce the
State or Tribal plan in lieu of the Federal plan. When an EPA Regional
Office approves a State or Tribal plan, it will amend the appropriate
subpart of 40 CFR part 62 to indicate such approval.
2. State or Tribe Takes Delegation of the Federal Plan
The EPA, in its discretion, may delegate to State or eligible
Tribal agencies the authority to implement this Federal plan. As
discussed above, we believe that it is advantageous and the best use of
resources for State or Tribal agencies to agree to undertake, on the
EPA's behalf, the administrative and substantive roles in implementing
the Federal plan to the extent appropriate and where authorized by
State or Tribal law. If a State requests delegation, we will generally
delegate the entire Federal plan to the State agency. These functions
include administration and oversight of compliance reporting and
recordkeeping requirements, CISWI

[[Page 57532]]

inspections, and preparation of draft notices of violation.
The EPA also believes that it is the best use of resources for
Tribal agencies to undertake a role in the implementation of the
Federal plan. The Tribal Authority Rule issued on February 12, 1998 (63
FR 7254) provides Tribes the opportunity to develop and implement Clean
Air Act programs. However, due to resource constraints and other
factors unique to Tribal governments, it leaves to the discretion of
the Tribe whether to develop these programs and which elements of the
program they will adopt. Consistent with the approach of the Tribal
Authority Rule, we may choose to delegate a partial Federal plan (i.e.,
to delegate authority for some functions needed to carry out the plan)
in appropriate circumstances and where consistent with Tribal law.
Both States and Tribal agencies, that have taken delegation, as
well as the EPA, will have responsibility for bringing enforcement
actions against sources violating Federal plan provisions. However, the
EPA recognizes that Tribes have limited criminal enforcement authority,
and will address in the delegation agreement with the Tribe how
criminal enforcement issues are referred to the EPA.

D. Implementing Authority

The EPA will delegate authority within the EPA to the EPA Regional
Administrators to implement the CISWI Federal plan. All reports
required by this Federal plan should be submitted to the appropriate
Regional Office Administrator. Table 1 under Supplementary Information
lists the contact information for the EPA Regional Offices and the
States that they cover.

E. CISWI Federal Plan and Indian Country

The term ``Indian country,'' as used in this preamble, means (1)
all land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation; (2) all dependent Indian communities within the borders of
the United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State;
and (3) all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
The CISWI Federal plan will apply throughout Indian country to
ensure that there is not a regulatory gap for existing CISWI units in
Indian Country. However, eligible Indian Tribes now have the authority
under the CAA to develop Tribal plans in the same manner that States
develop State plans. On February 12, 1998, EPA promulgated regulations
that outline provisions of the CAA for which it is appropriate to treat
Tribes in the same manner as States. See 63 FR 7254 (Final Rule for
Indian Tribes: Air Quality Planning and Management, (Tribal Authority
Rule)) (codified at 40 CFR part 49). As of March 16, 1998, the
effective date of the Tribal Authority Rule, the EPA has had authority
under the CAA to approve Tribal programs such as Tribal plans to
implement and enforce the CISWI emission guidelines.
1. Tribal Implementation
Section 301(d) of the CAA authorizes the Administrator to treat an
Indian tribe as a State under certain circumstances. The Tribal
Authority Rule, which implements section 301(d) of the CAA, identifies
provisions of the CAA for which it is appropriate to treat a Tribe as a
State. (See 40 CFR 49.3 and 49.4.) Under the Tribal Authority Rule, a
Tribe may be treated as a State for purposes of this Federal plan. If a
Tribe meets the criteria below, the EPA can delegate to an Indian tribe
authority to implement the Federal plan in the same way it can delegate
authority to a State:
(1) The applicant is an Indian tribe recognized by the Secretary of
the Interior;
(2) The Indian tribe has a governing body carrying out substantial
governmental duties and functions;
(3) The functions to be exercised by the Indian tribe pertain to
the management and protection of air resources within the exterior
boundaries of the reservation or other areas within the tribe's
jurisdiction; and
(4) The Indian tribe is reasonably expected to be capable, in the
EPA Regional Administrator's judgment, of carrying out the functions to
be exercised in a manner consistent with the terms and purposes of the
CAA and all applicable regulations. (See 40 CFR 49.6.)
2. EPA Implementation
The CAA also provides the EPA with the authority to administer
Federal programs in Indian Country. This authority is based in part on
the general purpose of the CAA, which is national in scope. Section
301(a) of the CAA provides the EPA broad authority to issue regulations
that are necessary to carry out the functions of the CAA. Congress
intended for the EPA to have the authority to operate a Federal program
when Tribes choose not to develop a program, do not adopt an approvable
program, or fail to adequately implement an air program authorized
under section 301(d) of the CAA.
Section 301(d)(4) of the CAA authorizes the Administrator to
directly administer provisions of the CAA to achieve the appropriate
purpose where Tribal implementation is not appropriate or
administratively not feasible. The EPA's interpretation of its
authority to directly implement CAA programs in Indian country is
discussed in more detail in the Tribal Authority Rule. See 63 FR 7262-
7263. As mentioned previously, Tribes may, but are not required to,
submit a CISWI plan under section 111(d) of the CAA.
3. Applicability in Indian Country
The Federal plan applies throughout Indian Country except where an
EPA-approved plan already covers an area of Indian country. This
approach is consistent with the EPA's implementation of the Federal
Operating Permits program in Indian Country (see 64 FR 8247 (February
19, 1999)).

VIII. Title V Operating Permits

Except for the sources specified in section 62.14830 of the Federal
plan, sources subject to this CISWI Federal plan must obtain title V
operating permits. These title V operating permits must assure
compliance with all applicable requirements for these sources,
including all applicable requirements of this Federal plan. See 40 CFR
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
Owners or operators of section 129 sources (including CISWI units)
subject to standards or regulations under sections 111 and 129 must
operate pursuant to a title V permit not later than 36 months after
promulgation of emission guidelines under sections 111 and 129 or by
the effective date of the State, Tribal, or Federal title V operating
permits program that covers the area in which the unit is located,
whichever is later. The EPA has interpreted section 129(e) to be
consistent with section 503(d) of the CAA and 40 CFR 70.7(b) and
71.7(b). (See, e.g., the final Federal Plan for Hospital/Medical/
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49878)).
Section 503(d) of the CAA and 40 CFR 70.7(b) and 71.7(b) allow a source
to operate without being in violation of title V once the source has
submitted a timely and complete

[[Page 57533]]

permit application, even if the source has not yet received a final
title V operating permit from the permitting authority.\2\ As a result,
the EPA interprets the dates in section 129(e) to be the dates by which
complete title V applications need to be submitted. In the absence of
such an interpretation, a section 129 source may be required to prepare
and submit a complete title V application and the permitting authority
would have to issue a permit to this source in a very short period of
time.\3\
---------------------------------------------------------------------------

\2\ A title V application should be submitted early enough for
the permitting authority to find the application either complete or
incomplete before the title V application deadline. In the event the
application is found incomplete by the permitting authority, the
source must submit the information needed to make the application
complete by the application deadline in order to obtain the
application shield. See 40 CFR 62.14835(b) and 40 CFR 70.5(a)(2) and
71.5(a)(2).
\3\ For example, in the absence of such an interpretation, if a
final Federal plan were to become effective more than 24 months
after the promulgation of emission guidelines promulgated under
sections 111 and 129, a source, if subject to the Federal plan,
would have less than 12 months to prepare and submit a complete
title V permit application and to have the permit issued. The EPA's
interpretation allows section 129(e) to be read consistently with
section 503(d) of the CAA and 40 CFR 70.7(b) and 71.7(b). The EPA's
interpretation is also consistent with section 503(c) of the CAA
which requires sources to submit title V applications not later than
12 months after becoming subject to a title V permits program. If a
permit, as opposed to a title V application, were required by the
later of the two deadlines specified in section 129(e), some section
129 sources would be required to have been issued final title V
permits in potentially much less time than allotted for non-section
129 sources to submit their title V applications.
---------------------------------------------------------------------------

As a result of the EPA's interpretation, existing CISWI units must
submit complete title V applications by the later of the following
dates: Not later than 36 months after the promulgation of 40 CFR part
60, subpart DDDD or by the effective date of the State, Tribal, or
Federal title V operating permits program that covers the area in which
the unit is located. As of today's action, all areas of the country are
covered by effective title V programs. As a result, the relevant
section 129(e) date for existing CISWI units is 36 months following
promulgation of 40 CFR part 60, subpart DDDD, i.e., December 1, 2003.
Therefore, December 1, 2003, is the latest possible date by which
complete applications for existing CISWI units can be submitted and
still be considered timely. This date applies regardless of when the
CISWI Federal plan becomes effective or when an EPA approved section
111(d)/129 plan for existing CISWI units becomes effective. If,
however, an earlier application deadline applies to an existing CISWI
unit, then this deadline must be met in order for the unit to be in
compliance with section 502(a) of the CAA. To determine when an
application is due for an existing CISWI unit, section 129(e) of the
CAA must be read in conjunction with section 503(c) of the CAA.
As stated in section 503(c), a source has up to 12 months to apply
for a title V permit once it becomes subject to a title V permitting
program.\4\ For example, if an existing CISWI unit becomes subject to a
title V permitting program for the first time on the effective date of
this Federal plan, then the source must apply for a title V permit
within 12 months of the effective date of this Federal plan in order to
operate after this date in compliance with Federal law.
---------------------------------------------------------------------------

\4\ If a source is subject to title V for more than one reason,
the 12-month time frame for submitting a title V application is
triggered by the requirement which first causes the source to become
subject to title V. As provided in section 503(c) of the CAA,
permitting authorities may establish permit application deadlines
earlier than the 12-month deadline.
---------------------------------------------------------------------------

An application deadline earlier than either of the two dates noted
above, i.e., December 1, 2003, or not later than 12 months after the
effective date of this Federal plan, may apply to an existing CISWI
unit if it is subject to title V for more than one reason. For example,
an existing CISWI unit may already be subject to title V as a result of
being a major source under one or more of three major source
definitions in title V--section 112, section 302, or part D of title I
of the CAA. See 40 CFR 70.3(a)(1) and 71.3(a)(1) (subjecting major
sources to title V permitting) and 40 CFR 70.2 and 71.2 (defining major
source for purposes of title V). See also 40 CFR 70.3(a) and (b) and
71.3(a) and (b) for a list of the applicability criteria which trigger
the requirement to apply for a title V permit.
If an owner or operator is already subject to title V by virtue of
some requirement other than this Federal plan and has submitted a
timely and complete permit application, but the draft title V permit
has not yet been released by the permitting authority, then the owner
or operator must supplement the title V application by including the
applicable requirements of this Federal plan in accordance with 40 CFR
70.5(b) or 71.5(b). If an existing CISWI unit is a major source or is
part of a major source, is subject to this Federal plan, and is already
covered by a title V permit with a remaining permit term of three or
more years on the effective date of this Federal plan, then the owner
or operator will receive from his permitting authority a notice of
intent to reopen his source's title V permit to include the
requirements of this Federal plan. Reopenings required for such CISWI
units must be completed not later than 18 months after the effective
date of this Federal plan in accordance with the procedures established
in 40 CFR 70.7(f)(1)(i) or 71.7(f)(1)(i). If an existing CISWI unit
subject to this Federal plan does not meet the above criteria, e.g.,
the unit is part of a nonmajor source or is covered by a permit which
has a remaining term of less than 3 years on the effective date of this
Federal plan, then the permitting authority does not need to reopen the
source's permit, as a matter of Federal law, to include the
requirements of this Federal plan.\5\ However, the owner or operator of
a source subject to a section 111/129 Federal plan remains subject to,
and must act in compliance with, section 111/129 requirements and all
other applicable requirements to which the source is subject regardless
of whether these requirements are included in a title V permit. See 40
CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
---------------------------------------------------------------------------

\5\ See The CAA section 502(b)(9); 40 CFR 70.7(f)(1)(i) and
71.7(f)(1)(i). Owners or operators of CISWI units, which have been
permitted and are subject to this Federal plan, may wish to consult
their operating permits program regulations or permitting
authorities to determine whether their permits must be reopened to
incorporate the requirements of this Federal plan.
---------------------------------------------------------------------------

The EPA has recently become aware that there has been some
confusion regarding the title V obligations of section 129 sources that
are subject to standards or regulations under sections 111 and 129. We
are therefore including Table 6 to help clarify when CISWI units (even
those not subject to this Federal plan) must apply for a title V
permit. While Table 6 provides specific information relative to CISWI
units, the same title V obligations apply to all section 129 sources
subject to standards or regulations under sections 111 and 129. Of
course, specific deadlines will vary for other section 129 sources
depending on when the relevant NSPS is promulgated, when the relevant
State or Tribal section 111(d)/129 plan is approved by the EPA and
becomes effective, etc. Lastly, Table 6 takes into account that as of
the promulgation date, i.e., December 1, 2000, for the NSPS (subpart
CCCC of part 60) and emission guidelines (subpart DDDD of part 60) for
CISWI units, every area of the country was covered by a title V permits
program under 40 CFR part 70 or part 71. This point is relevant because
a section 111/129 standard cannot trigger the requirement for a source
to apply for a title V permit unless a title V permits program is in

[[Page 57534]]

effect in the area in which the source is located.
---------------------------------------------------------------------------

\6\ A title V application from a major source must address all
emissions units at the title V source, not just the section 129
emissions unit. See 40 CFR 70.3(c)(1) and 71.3(c)(1). (For
information on aggregating emissions units to determine what is a
source under title V, see the definition of major source in 40 CFR
70.2, 71.2, and 63.2.)
\7\ Consistent with 40 CFR 70.3(c)(2) and 71.3(c)(2), a permit
application from a nonmajor title V source is only required to
address the emissions units which caused the source to be subject to
title V. The applicability criteria which determine the need for the
owner or operator of a nonmajor source to apply for a title V permit
are found in 40 CFR 70.3(a) and (b) and 71.3(a) and (b). Permits
issued to these nonmajor sources must include all of the applicable
requirements that apply to the triggering units, e.g., State
Implementation Plan requirements, section 111 or 112 requirements,
etc. See footnote #2 in Change to Definition of Major Source
rule, November 27, 2001 (66 FR 59161, 59163).
\8\ If a CISWI unit becomes subject to an approved and effective
State or Tribal section 111(d)/129 plan after being subject to an
effective Federal plan, the CISWI unit is still required to file a
complete title V application consistent with the application
deadlines for units subject to the CISWI Federal plan.

Table 6.--Deadlines for Title V Sources
------------------------------------------------------------------------

------------------------------------------------------------------------
Submitting Title V Permit Applications
------------------------------------------------------------------------
If a CISWI unit is a major source or is Then a complete title V
part of a major source, and had application which covers the
commenced operation as of the entire source \6\ is due not
effective date of the relevant title V later than 12 months (or
permits program. earlier if required by the
title V permitting authority)
after the effective date of
the relevant title V permits
source, and had program. See
CAA section 503(c) and 40 CFR
70.4(b)(11)(i), 71.4(i)(1),
70.5(a)(1)(i) and
71.5(a)(1)(i).
----------------------------------------
If a CISWI unit is a major source or is Then a complete title V
part of a major source but did not application which covers the
commence operation until after the entire source is due not later
relevant title V premits program than 12 months (or earlier if
became effective. required by the title V
permitting authority) after
the date the source commences
operation. See CAA section
503(c) and 40 CFR
70.5(a)(1)(i) and
71.5(a)(1)(i).
If a CISWI unit is a nonmajor source or Then a complete title V
is part of a nonmajor source, is application \7\ is due not
subject to the CISWI NSPS (subpart later than 12 months after
CCCC of 40 CFR part 60), and had subpart CCCC was promulgated,
commenced operation as of December 1, i.e., December 1, 2001 (or
2000. earlier if required by the
title V permitting authority).
See CAA section 503(c) and 40
CFR 70.5(a)(1)(i) and
71.5(a)(1)(i).
If a CISWI unit is a nonmajor source or Then a complete title V
is part of a nonmajor source, is application is due not later
subject to the CISWI NSPS (subpart than 12 months (or earlier if
CCCC of 40 CFR part 60), but did not required by the title V
commence operation until after permitting authority) after
December 1, 2000. the date the source commences
operation. See CAA section
503(c) and 40 CFR
70.5(a)(1)(i) and
71.5(a)(1)(i).
If a CISWI unit is a nonmajor source or Then a complete title V
is part of a nonmajor source, and is application is due not later
subject to an EPA approved and than 12 months (or earlier if
effective State or Tribal section required by the title V
111(d)/129 plan. permitting authority) after
the effective date of the EPA
approved State or Tribal
section 111(d)/129 plan.\8\
See CAA section 503(c) and 40
CFR 70.5(a)(1)(i) and
71.5(a)(1)(i). In no event,
however, can such an existing
CISWI unit submit a complete
title V application after
December 1, 2003, and have it
be considered timely. See CAA
section 129(e) and 40 CFR
62.14835 of subpart III.
If a CISWI unit is a nonmajor source or Then a complete title V
is part of a nonmajor source, and is application is due not later
subject to the CISWI Federal plan than 12 months (or earlier if
(subpart III of 40 CFR part 62). required by the title V
permitting authority) after
the effective date of 40 CFR
part 62, subpart III. See CAA
section 503(c) and 40 CFR
70.5(a)(1)(i) and
71.5(a)(1)(i). In no event,
however, can such an existing
CISWI unit submit a complete
title V application after
December 1, 2003 and have it
be considered timely. See CAA
section 129(e) and 40 CFR
62.14835 of subpart III.
If a CISWI unit is required to obtain a
title V permit due to triggering more
than one of the applicability criteria
listed above or in 40 CFR 70.3(a) or
71.3(a).

Then a complete title V application is
due not later than 12 months (or
earlier if required by the title V
permitting authority) after the unit
triggers the criterion which first
causes the unit to be subject to title
V. See CAA section 503(c) and 40 CFR
70.3(a) and (b), 70.5(a)(1), 71.3(a)
and (b) and 71.5(a)(1). In no event,
however, can an existing CISWI unit
submit a complete title V application
after December 1, 2003 and have it be
considered timely. See CAA section
129(e) and 40 CFR 62.14835 of subpart
III..
----------------------------------------
Reopening Title V Permits
------------------------------------------------------------------------
If a CISWI unit is a major source or is Then the title V permitting
part of a major source, is subject to authority must complete a
the CISWI NSPS (subpart CCCC of 40 CFR reopening of the source's
part 60), and is covered by a title V title V permit to incorporate
permit with a remaining permit term of the requirements of 40 CFR
3 or more years on December 1, 2000. part 60, subpart CCCC not
later than June 1, 2002. See
CAA section 502(b)(9); 40 CFR
70.7(f)(1)(i) and
71.7(f)(1)(i).
If a CISWI unit is a major source or is Then the title V permitting
part of a major source, is subject to authority must complete a
an EPA approved and effective State or reopening of the source's
Tribal section 111(d)/129 plan for title V permit to incorporate
CISWI units, and is covered by a title the requirements of this EPA
V permit with a remaining permit term approved and effective section
of 3 or more years on the effective 111(d)/129 plan not later than
date of the EPA approved section 18 months after the effective
111(d)/129 plan. date of this plan. See CAA
section 502(b)(9); 40 CFR
70.7(f)(1)(i) and
71.7(f)(1)(i).

[[Page 57535]]

If a CISWI unit is a major source or is Then the title V permitting
part of a major source, is subject to authority must complete a
the CISWI Federal plan (subpart III of reopening of the source's
40 CFR part 62), and is covered by a title V permit to incorporate
title V permit with a remaining permit the requirements of subpart
term of 3 or more years on the III of 40 CFR part 62 not
effective date of this Federal plan. later than 18 months after the
effective date of the CISWI
Federal plan. See CAA section
502(b)(9); 40 CFR
70.7(f)(1)(i) and
71.7(f)(1)(i).
----------------------------------------
Updating Existing Title V Permit Applications
------------------------------------------------------------------------
If a CISWI unit is subject to the CISWI Then the owner or operator must
NSPS (subpart CCCC of 40 CFR part 60), supplement the title V
but first became subject to title V application by including the
permitting prior to the promulgation applicable requirements of 40
of the NSPS, and the owner or operator CFR part 60, subpart CCCC in
of the unit has submitted a timely and accordance with 40 CFR 70.5(b)
complete title V permit application, or 71.5(b).
but the draft title V permit has not
yet been released by the permitting
authority.
If a CISWI unit is subject to an EPA Then the owner or operator must
approved and effective State or Tribal supplement the title V
section 111(d)/129 plan for CISWI application by including the
units, but first became subject to applicable requirements of the
title V permitting prior to the approved and effective section
effective date of the section 111(d)/ 111(d)/129 plan in accordance
129 plan, and the owner or operator of with 40 CFR 70.5(b) or
the unit has submitted a timely and 71.5(b).
complete title V permit application,
but the draft title V permit has not
yet been released by the permitting
authority.
If a CISWI unit is subject to the CISWI Then the owner or operator must
Federal plan (subpart III of 40 CFR supplement the title V
part 62), but first became subject to application by including the
title V permitting prior to the applicable requirements of 40
effective date of this Federal plan, CFR part 62, subpart III in
and the owner or operator of the unit accordance with 40 CFR 70.5(b)
has submitted a timely and complete or 71.5(b).
title V permit application, but the
draft title V permit has not yet been
released by the permitting authority.
------------------------------------------------------------------------

Title V and Delegation of a Federal Plan

For the sake of brevity, the discussion from the proposed Federal
plan regarding title V and delegation of a Federal plan is not being
repeated. See ``Title V and Delegation of a Federal Plan'' section of
the proposed Federal plan for CISWI, November 25, 2002 (67 FR 70640,
70652). Nevertheless, the preamble language from this section in the
proposed rule is hereby reaffirmed in this final rule.

IX. Statutory and Executive Order Reviews

This section addresses the following statutory and executive order
administrative requirements: Executive Orders 12866, 13132, 13175,
13045 and 13211; Paperwork Reduction Act; Regulatory Flexibility Act/
Small Business Regulatory Enforcement Fairness Act; Unfunded Mandates
Reform Act; National Technology Transfer and Advancement Act; and the
Congressional Review Act. Since today's action implements the CISWI
emission guidelines (40 CFR part 60, subpart DDDD) as promulgated on
December 1, 2000, and does not impose any new requirements, much of the
following discussion refers to the documentation of applicable
requirements as discussed in the preamble to the rule promulgating the
emission guidelines (65 FR 75338, December 1, 2000).

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866, 58 FR 51735 (October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to OMB review and the requirements of the Executive
Order. The 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 affect 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 impacts of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(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.
The EPA considered the 2000 emission guidelines to be significant
and the rules were reviewed by OMB in 2000. See 65 FR 75338, December
1, 2000. The Federal plan promulgated today would simply implement the
2000 emission guidelines and does not result in any additional control
requirements or impose any additional costs above those previously
considered during promulgation of the 2000 emission guidelines.
Therefore, this regulatory action is considered ``not significant''
under Executive Order 12866.

B. Paperwork Reduction Act

The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0451. (ICR 1927.02)
This ICR reflects the burden estimate for the emission guidelines
which were promulgated in the Federal Register on December 1, 2000. The
burden estimate includes the burden associated with State or Tribal
plans as well as the burden associated with the Federal plan.
Consequently, the burden estimates described below overstate the
information collection burden associated with the Federal plan.
However, upon approval by the EPA, a State or Tribal plan becomes
federally enforceable. Therefore, it is important to estimate the full
burden associated with the State or Tribal plans and the Federal plan.
As State or Tribal plans are approved, the Federal plan burden will
decrease, but the overall burden of the State or Tribal plans and the
Federal plan will remain the same.
The Federal plan contains monitoring, reporting, and recordkeeping
requirements. The information will be used to ensure that the Federal
plan requirements are met on a continuous basis. Records and reports
will be necessary to enable us to identify waste incineration units
that may not be in compliance with the Federal plan requirements. Based
on reported information, the EPA would decide

[[Page 57536]]

which units and what records or processes should be inspected. The
records that owners and operators of existing CISWI units maintain will
indicate to us whether personnel are operating and maintaining control
equipment property.
These recordkeeping and reporting requirements are specifically
authorized by section 114 of the CAA (42 U.S.C. 7414). All information
submitted to the EPA for which a claim of confidentiality is made will
be safeguarded according to EPA 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 emission guidelines for industry and the
implementing agency is outlined below.

----------------------------------------------------------------------------------------------------------------
Affected entity Total hours Labor costs Capital 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
----------------------------------------------------------------------------------------------------------------

The EPA expects the Federal plan to affect a maximum of 116 units
over the first three years. (Note: This assumes that no State plans are
in effect.) The EPA assumes that 6 existing units will be replaced by 6
new units each year. There are no capital, start-up, or operation and
maintenance costs for existing units during the first three years. The
implementing agency would not incur any capital or start-up 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 number for this
final rule and for the emissions guidelines is 2060-0451. The OMB
control numbers for EPA regulations are listed in 40 CFR part 9. In
addition, EPA is amending the table in 40 CFR part 9 of currently
approved OMB control numbers for information requirements contained in
this final rule.

C. Regulatory Flexibility Act (RFA)/Small Business Regulatory
Enforcement Fairness Act (SBREFA)

The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business that 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 North American Industrial
Classification System (NAICS) codes affected by this rule are
considered small if they have less than 500 employees or less than $5
million in annual sales.
During the 2000 CISWI emission guidelines rulemaking, the EPA
determined that 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, the CISWI emission
guidelines should not generate a significant small business impact on a
substantial number of small entities in the commercial and industrial
sectors. The EPA determined that it was not necessary to prepare a
regulatory flexibility analysis in connection with the final emission
guidelines. The EPA has also determined that the final emission
guidelines would not have a significant economic impact on a
substantial number of small entities (65 FR 75348). This Federal plan
does not establish any new requirements. Therefore, pursuant to the
provisions of 5 U.S.C. 605(b), the EPA has determined that this Federal
plan will not have a significant impact on a substantial number of
small entities, and thus a regulatory flexibility analysis is not
required.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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, the
EPA 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 establishing any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, the EPA 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.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100

[[Page 57537]]

million of more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. The environmental
impact analysis for the emission guidelines estimates the total
national annualized cost impact of this regulatory action at $11.6
million per year (Docket A-94-63). This Federal plan will apply to only
a subset of the units considered in the environmental impacts analysis
for the emission guidelines. Thus, this rule is not subject to the
requirements of sections 202 and 205 of the UMRA. Additionally, the EPA
has determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments, because
commercial and industrial units are not likely to be owned by small
governments.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the EPA 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.''
This final rule does not have Federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule establishes emission
limits and other requirements for solid waste incineration units that
are not covered by an EPA-approved and effective State or Tribal plan.
The EPA is required by section 129 of the CAA, 42 U.S.C. 7429, to
establish the standards for such units. 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 facilities that operate commercial or industrial solid waste
incineration units located in States that do not have EPA-approved
plans covering such units by the effective date of the Federal plan
(and the owners or operators of such facilities). The regulation does
not include an express provision preempting State or local regulations.
However, once this 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 the EPA has
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, the EPA consulted with representatives of State and local
governments to enable them to provide meaningful and timely input into
the development of the CISWI emission guidelines. This consultation
took place during the Industrial Combustion Coordinated Rulemaking
Federal Advisory Committee Act committee meetings, where members
representing State and local governments participated in developing
recommendations for our combustion-related rulemakings, including the
CISWI emission guidelines. Additionally, the EPA sponsored the Small
Communities Outreach Project, which involved meetings with elected
officials and other government representative to provide them with
information about the CISWI emission guidelines and to solicit their
comments. The concerns raised by representatives of State and local
governments were considered during the development of the CISWI
emission guidelines.

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

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian Tribes, on the relationship between the Federal Government and
the Indian Tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes.''
This Federal plan does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified in Executive Order 13175.
The EPA knows of no CISWI units presently owned by Indian tribal
governments. However, if any exist now or in the future, the rule would
not have tribal implications on these tribal governments as defined by
the Executive Order. This Federal plan simply implements the emission
guidelines. It does not result in any additional control requirements
nor imposes any additional costs above those previously considered
during promulgation of the emission guidelines. Thus, the requirements
of Executive Order 13175 do not apply.

G. 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: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, (2) concerns an environmental
health or safety risk that the EPA has reason to believe may
disproportionately affect children. If the regulatory action meets
these criteria, the EPA 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 the EPA considered.
The EPA interprets 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 Order has the
potential to influence the regulation. This Federal plan is not subject
to Executive Order 13045 because it is based on technology performance
and not on health or safety risks. Additionally, this Federal plan is
not economically significant as defined by Executive Order 12866.

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

This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is

[[Page 57538]]

not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272) directs the
EPA to use voluntary consensus standards in regulatory and procurement
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, business practices) developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs the EPA to provide
Congress, through annual reports to the Office of Management and Budget
(OMB), with explanations when an agency does not use available and
applicable voluntary consensus standards.
This Federal plan involves technical standards. The EPA includes in
this plan EPA Methods 1, 3A, 3B, 5, 6, 6C, 7, 7A, 7C, 7D, 7E, 9, 10,
10A, 10B, 23, 26A, and 29. Consistent with the NTTAA, the EPA conducted
searches to identify voluntary consensus standards in addition to these
EPA methods. No applicable voluntary consensus standards were
identified for EPA Methods 7A, 7D, 9, and 10B. The search and review
results have been documented and are placed in the Docket No. A-2000-52
for this Federal plan.
This search for emission measurement procedures identified 24
voluntary consensus standards. The EPA determined that 20 of these 24
standards were impractical alternatives to EPA test methods for the
purposes of this Federal plan. Therefore, the EPA is not adopting these
standards today. The reasons for this determination for the 20 methods
are discussed below.
The standard, ASTM D3162 (1994) ``Standard Test Method for Carbon
Monoxide in the Atmosphere (Continuous Measurement by Nondispersive
Infrared Spectrometry),'' is impractical as an alternative to EPA
Method 10 in the Federal plan because this ASTM standard, which is
stated to be applicable in the range of 0.5-100 ppm CO, does not cover
the potential range in the plan (up to 157 ppm). Whereas EPA Method 10
has a range from 20-1000 ppm CO. Also, ASTM D3162 does not provide a
procedure to remove carbon dioxide interference. Therefore, this ASTM
standard is not appropriate for combustion source conditions. In terms
of NDIR instrument performance specifications, ASTM D3162 has much
higher maximum allowable rise and fall times (5 minutes) than EPA
Method 10 (which has 30 second). However, it should be noted that ASTM
D3162 has more quality control requirements than EPA Method 10 in terms
of instrument calibration procedures, span gas cylinder validation
procedures, and operational checks.
The standard ASTM E1979-98 (1998), ``Standard Practice for
Ultrasonic Extraction of Paint, Dust, Soil, and Air Samples for
Subsequent Determination of Lead,'' is impractical as an alternative to
EPA Method 29 in this Federal plan. This ASTM standard does not require
the use of hydrogen fluoride (HF) as in EPA Method 29 and, therefore,
it cannot be used for the preparation, digestion, and analysis of
Method 29 samples. Additionally, Method 29 requires the use of a glass
fiber filter, whereas this ASTM standard requires cellulose filters and
other probable nonglass fiber media, which cannot be considered
equivalent to EPA Method 29.
The European standard EN 1911-1,2,3 (1998), ``Stationary Source
Emissions-Manual Method of Determination of HCl--Part 1: Sampling of
Gases Ratified European Text--Part 2: Gaseous Compounds Absorption
Ratified European Text--Part 3: Adsorption Solutions Analysis and
Calculation Ratified European Text,'' is impractical as an alternative
to EPA Method 26A. Part 3 of this standard cannot be considered
equivalent to EPA Method 26A because the sample absorbing solution
(water) would be expected to capture both HCl and chlorine gas, if
present, without the ability to distinguish between the two. The EPA
Method 26A uses an acidified absorbing solution to first separate HCl
and chlorine gas so that they can be selectively absorbed, analyzed,
and reported separately. In addition, in EN 1911 the absorption
efficiency for chlorine gas would be expected to vary as the pH of the
water changed during sampling.
The following ten methods are impractical alternatives to EPA test
methods for the purposes of this plan because they are too general, too
broad, or not sufficiently detailed to assure compliance with EPA
regulatory requirements: ASTM D3154-91 (1995), ``Standard Method for
Average Velocity in a Duct (Pitot Tube Method),'' for EPA Methods 1 and
3B; ASTM D5835-95, ``Standard Practice for Sampling Stationary Source
Emissions, for Automated Determination of Gas Concentration,'' for EPA
Method 3A; ISO 10396:1993, ``Stationary Source Emissions: Sampling for
the Automated Determination of Gas Concentrations,'' for EPA Method 3A;
CAN/CSA Z223.2-M86(1986), ``Method for the Continuous Measurement of
Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of
Nitrogen in Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A;
ASME C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas
Analyses,'' for EPA Methods 6 and 7; ASTM D1608-98, ``Test Method for
Oxides of Nitrogen in Gaseous Combustion Products (Pheno-Disulfonic
Acid Procedures),'' for EPA Method 7; ISO 7934:1998, ``Stationary
Source Emissions--Determination of the Mass Concentration of Sulfur
Dioxide--Hydrogen Peroxide/Barium Perchlorate/Thorin Method,'' for EPA
Method 6; ISO 11564:1998, ``Stationary Source Emissions--Determination
of the Mass Concentration of Nitrogen Oxides--NEDA
(naphthylethylenediamine)/Photometric Method,'' for EPA Methods 7 and
7C; CAN/CSA Z223.21-M1978, ``Method for the Measurement of Carbon
Monoxide: 3--Method of Analysis by Non-Dispersive Infrared
Spectrometry,'' for EPA Methods 10 and 10A; and European Committee for
Standardization (CEN) EN 1948-3 (1997), ``Determination of the Mass
Concentration of PCDD'S/PCDF'S--Part 3: Identification and
Quantification,'' for EPA Method 23.
The following seven methods are impractical alternatives to EPA
test methods for the purposes of this Federal plan because they lacked
sufficient quality assurance and quality control requirements necessary
for EPA compliance assurance requirements: ASME PTC-38-80 R85 or
C00049, ``Determination of the Concentration of Particulate Matter in
Gas Streams,'' for EPA Method 5; ASTM D3685/D3685M-98, ``Test Methods
for Sampling and Determination of Particulate Matter in Stack Gases,''
for EPA Method 5; ISO 9096:1992, ``Determination of Concentration and
Mass Flow Rate of Particulate Matter in Gas Carrying Ducts--Manual
Gravimetric Method,'' for EPA Method 5; CAN/CSA Z223.1-M1977, ``Method
for the Determination of Particulate Mass Flows in Enclosed Gas
Streams,'' for EPA Method 5; ISO 11632:1998, ``Stationary Source
Emissions--Determination of the Mass Concentration of Sulfur Dioxide--
Ion Chromatography,'' for EPA Method 6; CAN/CSA Z223.24-M1983, ``Method
for the Measurement of Nitric Oxide and Nitrogen Dioxide in Air,'' for
EPA Method 7; and CAN/CSA Z223.26-M1987, ``Measurement of Total Mercury
in Air Cold Vapour Atomic Absorption

[[Page 57539]]

Spectrophotometeric Method,'' for EPA Method 29.
The following four of the 24 voluntary consensus standards
identified in this search were not available at the time the review was
conducted for the purposes of this Federal plan because they are under
development by a voluntary consensus body: ISO/DIS 12039, ``Stationary
Source Emissions--Determination of Carbon Monoxide, Carbon Dioxide, and
Oxygen--Automated Methods,'' for EPA Method 3A; ASTM Z6449Z, ``Standard
Method for the Determination of Sulfur Dioxide in Stationary Sources,''
for EPA Method 6; ASTM Z6590Z, ``Manual Method for Both Speciated and
Elemental Mercury,'' for EPA Method 29 (portion for mercury only); prEN
13211 (1998), ``Air Quality--Stationary Source Emissions--Determination
of the Concentration of Total Mercury,'' for EPA Method 29 (portion for
mercury only).
Table 1 of Subpart III lists the EPA testing methods included in
the Federal plan emission requirements for commercial and industrial
solid waste incinerators. Under 40 CFR 63.8(f) of Subpart A of the
General Provisions, a source may apply to the EPA for permission to use
alternative monitoring in place of any of the EPA testing methods.

J. 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
adopting 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. The EPA 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 this rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 62

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

Dated: September 12, 2003.
Marianne Lamont Horinko,
Acting Administrator.

? 40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

? 2. Amend Sec. 62.13 by adding paragraph (d) to read as follows:

Sec. 62.13 Federal plans.

* * * * *
(d) The substantive requirements of the commercial and industrial
solid waste incineration units Federal plan are contained in subpart
III of this part. These requirements include emission limits,
compliance schedules, testing, monitoring, and reporting and
recordkeeping requirements.

? 3. Amend part 62 by adding subpart III to read as follows:

Subpart III--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction On or Before November 30, 1999

Introduction

Sec.
62.14500 What is the purpose of this subpart?
62.14505 What are the principal components of this subpart?

Applicability

62.14510 Am I subject to this subpart?
62.14515 Can my CISWI unit be covered by both a State plan and this
subpart?
62.14520 How do I determine if my CISWI unit is covered by an
approved and effective State or Tribal plan?
62.14521 If my CISWI unit is not listed in the Federal plan
inventory, am I exempt from this subpart?
62.14525 Can my combustion unit be exempt from this subpart?
62.14530 What if I have a chemical recovery unit that is not listed
in Sec. 62.14525(n)?
62.14531 When must I submit any records required pursuant to an
exemption allowed under Sec. 62.14525?

Compliance Schedule and Increments of Progress

62.14535 When must I comply with this subpart if I plan to continue
operation of my CISWI unit?
62.14536 What steps are required to request an extension of the
initial compliance date if I plan to continue operation of my CISWI
unit?
62.14540 When must I complete each increment of progress?
62.14545 What must I include in each notification of achievement of
an increment of progress?
62.14550 When must I submit a notification of achievement of the
first increment of progress?
62.14555 What if I do not meet an increment of progress?
62.14560 How do I comply with the increment of progress for
submittal of a control plan?
62.14565 How do I comply with the increment of progress for
achieving final compliance?
62.14570 What must I do if I plan to permanently close my CISWI
unit?
62.14575 What must I do if I close my CISWI unit and then restart
it?

Waste Management Plan

62.14580 What is a waste management plan?
62.14585 When must I submit my waste management plan?
62.14590 What should I include in my waste management plan?

Operator Training and Qualification

62.14595 What are the operator training and qualification
requirements?
62.14600 When must the operator training course be completed?
62.14605 How do I obtain my operator qualification?
62.14610 How do I maintain my operator qualification?
62.14615 How do I renew my lapsed operator qualification?
62.14620 What site-specific documentation is required?
62.14625 What if all the qualified operators are temporarily not
accessible?

Emission Limitations and Operating Limits

62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14640 What if I do not use a wet scrubber to comply with the
emission limitations?
62.14645 What happens during periods of startup, shutdown, and
malfunction?

Performance Testing

62.14650 How do I conduct the initial and annual performance test?
62.14655 How are the performance test data used?

Initial Compliance Requirements

62.14660 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
62.14665 By what date must I conduct the initial performance test?

Continuous Compliance Requirements

62.14670 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
62.14675 By what date must I conduct the annual performance test?
62.14680 May I conduct performance testing less often?
62.14685 May I conduct a repeat performance test to establish new
operating limits?

Monitoring

62.14690 What monitoring equipment must I install and what
parameters must I monitor?
62.14695 Is there a minimum amount of monitoring data I must obtain?

[[Page 57540]]

Recordkeeping and Reporting

62.14700 What records must I keep?
62.14705 Where and in what format must I keep my records?
62.14710 What reports must I submit?
62.14715 When must I submit my waste management plan?
62.14720 What information must I submit following my initial
performance test?
62.14725 When must I submit my annual report?
62.14730 What information must I include in my annual report?
62.14735 What else must I report if I have a deviation from the
operating limits or the emission limitations?
62.14740 What must I include in the deviation report?
62.14745 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
62.14750 Are there any other notifications or reports that I must
submit?
62.14755 In what form can I submit my reports?
62.14760 Can reporting dates be changed?

Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean
Lumber and/or Yard Waste

62.14765 What is an air curtain incinerator?
62.14770 When must I achieve final compliance?
62.14795 How do I achieve final compliance?
62.14805 What must I do if I close my air curtain incinerator and
then restart it?
62.14810 What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
62.14815 What are the emission limitations for air curtain
incinerators that burn 100 percent wood wastes, clean lumber and/or
yard waste?
62.14820 How must I monitor opacity for air curtain incinerators
that burn 100 percent wood wastes, clean lumber and/or yard waste?
62.14825 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent wood wastes, clean
lumber and/or yard waste?

Title V Requirements

62.14830 Does this subpart require me to obtain an operating permit
under title V of the Clean Air Act?
62.14835 When must I submit a title V permit application for my
existing CISWI unit?

Delegation of Authority

62.13838 What authorities are withheld by the EPA Administrator?

Definitions

62.14840 What definitions must I know?

Tables

Table 1 of Subpart III of Part 62--Emission Limitations
Table 2 of Subpart III of Part 62--Operating Limits for Wet Scrubbers
Table 3 of Subpart III of Part 62--Toxic Equivalency Factors
Table 4 of Subpart III of Part 62--Summary of Reporting Requirements

Introduction

Sec. 62.14500 What is the purpose of this subpart?

(a) This subpart establishes emission requirements and compliance
schedules for the control of emissions from commercial and industrial
solid waste incineration (CISWI) units that are not covered by an EPA
approved and currently effective State or Tribal plan. The pollutants
addressed by these emission requirements are listed in Table 1 of this
subpart. These emission requirements are developed in accordance with
sections 111 and 129 of the Clean Air Act and subpart B of 40 CFR part
60.
(b) In this subpart, ``you'' means the owner or operator of a CISWI
unit.

Sec. 62.14505 What are the principal components of this subpart?

This subpart 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.

Applicability

Sec. 62.14510 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a CISWI
unit as defined in Sec. 62.14840 and the CISWI unit meets the criteria
described in paragraphs (a)(1) through (a)(3) of this section.
(1) Construction of your CISWI unit commenced on or before November
30, 1999.
(2) Your CISWI unit is not exempt under Sec. 62.14525.
(3) Your CISWI unit is not regulated by an EPA approved and
currently effective State or Tribal plan, or your CISWI unit is located
in any State whose approved State or Tribal plan is subsequently
vacated in whole or in part.
(b) If you made changes after June 1, 2001 that meet the definition
of modification or reconstruction after promulgation of the final 40
CFR part 60 subpart CCCC (New Source Performance Standards for
Commercial and Industrial Solid Waste Incineration Units), your CISWI
unit is subject to subpart CCCC of 40 CFR part 60 and this subpart no
longer applies to that unit.
(c) If you make physical or operational changes to your existing
CISWI unit primarily to comply with this subpart, then such changes do
not qualify as modifications or reconstructions under subpart CCCC of
40 CFR part 60.

Sec. 62.14515 Can my CISWI unit be covered by both a State plan and
this subpart?

(a) If your CISWI unit is located in a State that does not have an
EPA-approved State plan or your State's plan has not become effective,
this subpart applies to your CISWI unit until the EPA approves a State
plan that covers your CISWI unit and that State plan becomes effective.
However, a State may enforce the requirements of a State regulation
while your CISWI unit is still subject to this subpart.
(b) After the EPA approves a State plan covering your CISWI unit,
and after that State plan becomes effective, you will no longer be
subject to this subpart and will only be subject to the approved and
effective State plan.

Sec. 62.14520 How do I determine if my CISWI unit is covered by an
approved and effective State or Tribal plan?

This part (40 CFR part 62) contains a list of State and Tribal
areas with approved Clean Air Act section 111(d) and section 129 plans
along with the effective dates for such plans. The list is published
annually. If this part does not indicate that your State or Tribal area
has an approved and effective plan, you should contact your State
environmental agency's air director or your EPA Regional Office to
determine if the EPA has approved a State plan covering your unit since
publication of the most recent version of this subpart.

Sec. 62.14521 If my CISWI unit is not listed in the Federal plan
inventory, am I exempt from this subpart?

If a CISWI unit is not listed in the Federal plan inventory, it is
not necessarily exempt from this subpart. Sources subject to this
subpart are not limited to the inventory of sources listed in Docket A-
2000-52 for the Federal plan. If your CISWI units meets the
applicability criteria in Sec. 62.14510, this subpart applies to you
whether or not your unit is listed in the Federal plan inventory in the
docket.

[[Page 57541]]

Sec. 62.14525 Can my combustion unit be exempt from this subpart?

This subpart exempts 15 types of units described in paragraphs (a)
through (o) of this section from complying with the requirements of
this subpart except for the requirements specified in this section and
in Sec. 62.14531.
(a) Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste as defined in Sec. 62.14840 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. 62.14840 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 paragraphs (c)(1) or (2) of
this section.
(1) Units that are regulated under subpart Ea of 40 CFR part 60
(Standards of Performance for Municipal Waste Combustors); subpart Eb
of 40 CFR part 60 (Standards of Performance for Municipal Waste
Combustors for Which Construction is Commenced After September 20,
1994); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance
Times for Large Municipal Waste Combustors Constructed on or Before
September 20, 1994); subpart AAAA of 40 CFR part 60 (Standards of
Performance for New Stationary Sources: Small Municipal Waste
Combustion Units); subpart BBBB of 40 CFR part 60 (Emission Guidelines
for Existing Stationary Sources: Small Municipal Waste Combustion
Units); or subpart JJJ of 40 CFR part 62 (Federal Plan Requirements for
Small Municipal Waste Combustion Units Constructed on or Before August
30, 1999).
(2) Units that burn greater than 30 percent municipal solid waste
or refuse-derived fuel, as defined in 40 CFR part 60 subpart Ea,
subpart Eb, subpart AAAA, and subpart BBBB, 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 40 CFR part 60 (Standards of Performance for
Hospital/Medical/Infectious Waste Incinerators for Which Construction
is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan
Requirements for Hospital/Medical/Infectious Waste Incinerators
Constructed on or before June 20, 1996).
(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 regulated under subpart
EEE of 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
100 percent wood waste; 100 percent clean lumber; or a 100 percent
mixture of only wood waste, clean lumber, and/or yard waste; are
required to meet only the requirements under ``Air Curtain Incinerators
That Burn 100 Percent Wood Wastes, Clean Lumber and/or Yard Waste''
(Sec. Sec. 62.14765 through 62.14825) and the title V operating permit
requirements (Sec. Sec. 62.14830 and 62.14835).
(j) Cyclonic barrel burners.
(k) Rack, part, and drum reclamation units.
(l) Cement kilns.
(m) Sewage sludge incinerators. Incineration units regulated under
subpart O of 40 CFR part 60 (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 eight types of units described in
paragraphs (n)(1) through (8) 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.
(8) Units granted exemptions resulting from petitions submitted
under the provisions of either Sec. 60.2025 or Sec. 60.2558.
(o) Laboratory units. Units that burn samples of materials for the
purpose of chemical or physical analysis.

[[Page 57542]]

Sec. 62.14530 What if I have a chemical recovery unit that is not
listed in Sec. 62.14525(n)?

If you have a recovery unit that is not listed in Sec.
62.14525(n), you can petition the Administrator to add the unit to the
list of exempted units in 40 CFR 60.2020(n) or 60.2555(n) pursuant to
the requirements of 40 CFR 60.2025 or 60.2558. Units granted exemptions
under 40 CFR 60.2025 or 60.2558 are exempt from the requirement of this
Federal plan under Sec. 62.14525(n)(8).

Sec. 62.14531 When must I submit any records required pursuant to an
exemption allowed under Sec. 62.14525?

Owners or operators of sources that qualify for the exemptions in
Sec. 62.14525(a) through (o) must submit any records required to
support their claims of exemption to the EPA Administrator (or
delegated enforcement authority) upon request. Upon request by any
person under the regulation at part 2 of this chapter (or a comparable
law or regulation governing a delegated enforcement authority), the EPA
Administrator (or delegated enforcement authority) must request the
records in Sec. 62.14525(a) through (o) from an owner or operator and
make such records available to the requestor to the extent required by
part 2 of this chapter (or a comparable law governing a delegated
enforcement authority). Any records required under Sec. 62.14525(a)
through (o) must be maintained by the source for a period of at least 5
years. Notifications of exemption claims required under Sec.
62.14525(a) through (o) of this section must be maintained by the EPA
or delegated enforcement authority for a period of at least 5 years.
Any information obtained from an owner or operator of a source
accompanied by a claim of confidentiality will be treated in accordance
with the regulations in part 2 of this chapter (or a comparable law
governing a delegated enforcement authority).

Compliance Schedule and Increments of Progress

Sec. 62.14535 When must I comply with this subpart if I plan to
continue operation of my CISWI unit?

If you plan to continue operation of your CISWI unit, then you must
follow the requirements in paragraph (a) or (b) of this section
depending on when you plan to come into compliance with the
requirements of this subpart.
(a) If you plan to continue operation and come into compliance with
the requirements of this subpart by October 4, 2004, then you must
complete the requirements of paragraphs (a)(1) through (a)(5) of this
section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by October 4, 2004.
(2) You must submit a waste management plan no later than April 5,
2004.
(3) You must achieve final compliance by October 4, 2004. To
achieve final compliance, you must incorporate all process changes and
complete 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.
(4) You must conduct the initial performance test within 90 days
after the date when you are required to achieve final compliance under
paragraph (a)(3) of this section.
(5) You must submit an initial report including the results of the
initial performance test no later than 60 days following the initial
performance test (see Sec. Sec. 62.14700 through 62.14760 for complete
reporting and recordkeeping requirements).
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart after October 4, 2004, but before
October 3, 2005 you must petition for and be granted an extension of
the final compliance date specified Sec. 62.14535(a)(3) by meeting the
requirements of Sec. 62.14536 and you must meet the requirements for
increments of progress specified in Sec. 62.14540 through Sec.
62.14565. To achieve the final compliance increment of progress, you
must complete the requirements of paragraphs (b)(1) through (b)(5) of
this section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by October 4, 2004.
(2) You must submit a waste management plan no later than April 5,
2004.
(3) You must achieve final compliance by October 3, 2005. For the
final compliance increment of progress, you must incorporate all
process changes and complete retrofit construction of control devices,
as specified in the final control plan, so that, when the affected
CISWI unit is brought online, all necessary process changes and air
pollution control devices operate as designed.
(4) You must conduct the initial performance test within 90 days
after the date when you are required to achieve final compliance under
paragraph (b)(3) of this section.
(5) You must submit an initial report including the result of the
initial performance no later than 60 days following the initial
performance test (see Sec. Sec. 62.14700 through 62.14760 for complete
reporting and recordkeeping requirements).

Sec. 62.14536 What steps are required to request an extension of the
initial compliance date if I plan to continue operation of my CISWI
unit?

If you plan to continue operation and want to come into compliance
with the requirements of this subpart after October 4, 2004, but before
October 3, 2005, then you must you must petition to the Administrator
to grant you an extension by following the procedures outlined in
paragraphs (a) and (b) of this section.
(a) You must submit your request for an extension to the EPA
Administrator (or delegated enforcement authority) on or before
December 3, 2003.
(b) Your request must include documentation of the analyses
undertaken to support your need for an extension, including an
explanation of why you are unable to meet the final compliance date
specified in Sec. 62.14535(a)(3) and why your requested extension date
is needed to provide sufficient time for you to design, fabricate, and
install the emissions control systems necessary to meet the
requirements of this Subpart. A request based upon the avoidance of
costs of meeting provisions of this Subpart is not acceptable and will
be denied.

Sec. 62.14540 When must I complete each increment of progress?

If you plan to come into compliance after October 4, 2004, you must
meet the two increments of progress specified in paragraphs (a) and (b)
of this section.
(a) Increment 1. Submit a final control plan by April 5, 2004.
(b) Increment 2. Reach final compliance by October 3, 2005.

Sec. 62.14545 What must I include in each notification of achievement
of an increment of progress?

Your notification of achievement of an increment of progress must
include the four items specified in paragraphs (a) through (d) of this
section.
(a) Notification of the date 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.

[[Page 57543]]

(d) The date you were required to complete the increment of
progress.

Sec. 62.14550 When must I submit a notification of achievement of the
first increment of progress?

Your notification for achieving the first increment of progress
must be postmarked no later than April 15, 2004.

Sec. 62.14555 What if I do not meet an increment of progress?

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

Sec. 62.14560 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 six items
described in paragraphs (a)(1) through (6) 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. 62.14640.
(6) A schedule that includes the date by which you will award the
contracts to procure emission control equipment or related materials,
initiate on-site construction, initiate on-site installation of
emission control equipment, and/or incorporate process changes, and the
date by which you will initiate on-site construction.
(b) Maintain an on-site copy of the final control plan.

Sec. 62.14565 How do I comply with the increment of progress for
achieving final compliance?

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

Sec. 62.14570 What must I do if I plan to permanently close my CISWI
unit?

If you plan to permanently close your CISWI unit, then you must
follow the requirements in either paragraph (a) or (b) of this section
depending on when you plan to shut down.
(a) If you plan to shut down by October 4, 2004, rather that come
into compliance with the complete set of requirements in this subpart,
then you must shut down by October 4, 2004. In addition, while still in
operation, your CISWI unit is subject to the same requirement to apply
for and obtain a title V operating permit that applies to a CISWI unit
that will not be permanently closing. See Sec. Sec. 62.14830 and
62.14835.
(b) If you plan to shut down rather than come into compliance with
the complete set of requirements of this subpart, but are unable to
shut down by October 4, 2004, then you must petition EPA for and be
granted an extension by following the procedures outlined in paragraphs
(b)(1) through (5) of this section.
(1) You must submit your request for an extension to the EPA
Administrator (or delegated enforcement authority) by December 3, 2003.
Your request must include:
(i) Documentation of the analyses undertaken to support your need
for an extension, including an explanation of why your requested
extension date is sufficient time for you to shut down while October 4,
2004 does not provide sufficient time for shut down. A request based
upon the avoidance of costs of meeting provisions of this subpart is
not acceptable and will be denied. Your documentation must include an
evaluation of the option to transport your waste offsite to a
commercial or municipal waste treatment and/or disposal facility on a
temporary or permanent basis; and
(ii) Documentation of incremental steps of progress, including
dates for completing the increments of progress, that you will take
towards shutting down. Some suggested incremental steps of progress
towards shut down are provided as follows:

------------------------------------------------------------------------
Then your increments of
If you . . . progress could be . . .
------------------------------------------------------------------------
(A) Need an extension so you can (1) Date when you will enter
install an onsite alternative waste into a contract with an
treatment technology before you shut alternative treatment
down your CISWI. technology vendor,
(2) Date for initiating onsite
construction or installation
of the alternative technology,
(3) Date for completing onsite
construction or installation
of the alternative technology,
and
(4) Date for shutting down the
CISWI.
(B) Need an extension so you can (1) Date when price quotes will
acquire the services of a commercial be obtained from commercial
waste disposal company before you shut disposal companies,
down your CISWI. (2) Date when you will enter
into a contract with a
commercial disposal company,
and
(3) Date for shutting down the
CISWI.
------------------------------------------------------------------------

(2) You must shut down no later than by October 3, 2005.
(3) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by October 4, 2004.
(4) You must submit a legally binding closure agreement to the
Administrator by April 5, 2004. The closure agreement must specify the
date by which operation will cease. The closure date cannot be later
than October 3, 2005.
(5) While still in operation, your CISWI unit is subject to the
same requirement to apply for and obtain a title V operating permit
that applies to a CISWI unit that will not be permanently closing. See
Sec. Sec. 62.14830 and 62.14835.

Sec. 62.14575 What must I do if I close my CISWI unit and then
restart it?

If you temporarily close your CISWI unit and restart the unit for
the purpose of continuing operation of your CISWI unit, then you must
follow the

[[Page 57544]]

requirements in paragraphs (a), (b), or (c) of this section depending
on when you plan to come into compliance with the requirements of this
subpart. You are subject to the operating permit requirements of title
V of the CAA and 40 CFR part 70 or 71 until you close your CISWI unit
and at the time you restart it.
(a) If you plan to continue operation and come into compliance with
the requirements of this subpart by October 4, 2004, then you must
complete the requirements of Sec. 62.14535(a).
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart on or before October 3, 2005, then you
must complete the requirements of Sec. 62.14535(b). You must have
first requested and been granted an extension from the initial
compliance date by following the requirements of Sec. 62.14536.
(c) If you restart your CISWI unit after the October 4, 2004 and
resume operation, but have not previously requested an extension by
meeting all of the requirements of Sec. 62.14536, you must meet all of
the requirements of Sec. 62.14535(a)(1) through (a)(5) at the time you
restart your CISWI unit. Upon restarting your CISWI unit, you must have
incorporated all process changes and completed retrofit construction of
control devices so that when the affected CISWI unit is brought online,
all necessary process changes and air pollution control devices operate
as designed.

Waste Management Plan

Sec. 62.14580 What is a waste management plan?

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

Sec. 62.14585 When must I submit my waste management plan?

You must submit a waste management plan no later than April 5,
2004.

Sec. 62.14590 What should I include in my waste management plan?

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

Operator Training and Qualification

Sec. 62.14595 What are the operator training and qualification
requirements?

(a) You must have a fully trained and qualified CISWI unit operator
accessible at all times when the unit is in operation, either at your
facility or able to be at your facility within one hour. The trained
and qualified CISWI 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. 62.14625.
(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 thirteen subjects listed in paragraphs
(c)(1)(i) through (xiii) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors
affecting performance (where applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Actions to correct malfunctions or conditions that may lead
to malfunction.
(viii) Bottom and fly ash characteristics and handling procedures.
(ix) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
(x) Pollution prevention.
(xi) Waste management practices.
(xii) Recordkeeping requirements.
(xiii) Methods to continuously monitor CISWI unit and air pollution
control device operating parameters and monitoring equipment
calibration procedures (where applicable).
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that can
serve as reference material following completion of the course.

Sec. 62.14600 When must the operator training course be completed?

(a) The operator training course must be completed by the later of
the two dates specified in paragraphs (a)(1) and (2) of this section.
(1) October 4, 2004.
(2) Six months after an employee assumes responsibility for
operating the CISWI unit or assumes responsibility for supervising the
operation of the CISWI unit.
(b) You must follow the requirements in Sec. 63.14625 if all
qualified operators are temporarily not accessible.

Sec. 62.14605 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 62.14595(b) or (c).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 62.14595(c)(2).

Sec. 62.14610 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual review or
refresher course of at least 4 hours covering, at a minimum, the five
topics described in paragraphs (a) through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or conditions that may lead to
malfunction.
(e) Discussion of operating problems encountered by attendees.

Sec. 62.14615 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 62.14610.
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 62.14605(a).

[[Page 57545]]

Sec. 62.14620 What site-specific documentation is required?

(a) Documentation must be available at the facility and readily
accessible for all CISWI unit operators that addresses the ten topics
described in paragraphs (a)(1) through (10) of this section. You must
maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request.
(1) Summary of the applicable standards under this subpart.
(2) Procedures for receiving, handling, and charging waste.
(3) Incinerator startup, shutdown, and malfunction procedures.
(4) Procedures for maintaining proper combustion air supply levels.
(5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
(6) Monitoring procedures for demonstrating compliance with the
incinerator operating limits.
(7) Reporting and recordkeeping procedures.
(8) The waste management plan required under Sec. Sec. 62.14580
through 62.14590.
(9) Procedures for handling ash.
(10) A list of the wastes burned during the performance test.
(b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each employee who operates
your incinerator.
(1) The initial review of the information listed in paragraph (a)
of this section must be conducted by the later of the two dates
specified in paragraphs (b)(1)(i) through (ii) of this section.
(i) October 4, 2004.
(ii) Two 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 all plant personnel who operate
your CISWI unit who have completed review of the information in Sec.
62.14620(a) as required by Sec. 62.14620(b), including the date of the
initial review and all subsequent annual reviews.
(2) Records showing the names of all plant personnel who operate
your CISWI unit who have completed the operator training requirements
under Sec. 62.14595, met the criteria for qualification under Sec.
62.14605, and maintained or renewed their qualification under Sec.
62.14610 or Sec. 62.14615. Records must include documentation of
training, the dates of the initial refresher training, and the dates of
their qualification and all subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec. 62.14625 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. 62.14620(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec. 62.14730.
(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.
62.14595(a).
(ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.

Emission Limitations and Operating Limits

Sec. 62.14630 What emission limitations must I meet and by when?

You must meet the emission limitations specified in table 1 of this
subpart by the applicable final compliance date for your CISWI unit.

Sec. 62.14635 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) of this section, as
appropriate.
(i) For continuous and intermittent units, maximum charge rate is
110 percent of the average charge rate measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations.
(ii) For batch units, maximum charge rate is 110 percent of the
daily charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limitations.
(2) Minimum pressure drop across the wet 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

[[Page 57546]]

recent performance test demonstrating compliance with the hydrogen
chloride 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 any 6-month period. In calculating this
operating time percentage, if inspection of the fabric filter
demonstrates that no corrective action is required, no alarm time is
counted. If corrective action is required, each alarm shall be counted
as a minimum of 1 hour. If you take longer than 1 hour to initiate
corrective action, the alarm time shall be counted as the actual amount
of time taken by you to initiate corrective action.

Sec. 62.14640 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. 62.14630, 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. 62.14645 What happens during periods of startup, shutdown, and
malfunction?

(a) The emission limitations and operating limits apply at all
times except during periods of CISWI unit startup, shutdown, or
malfunction as defined in Sec. 62.14840.
(b) Each malfunction must last no longer than 3 hours.

Performance Testing

Sec. 62.14650 How do I conduct the initial and annual performance
test?

(a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
(b) You must document that the waste burned during the performance
test is representative of the waste burned under normal operating
conditions by maintaining a log of the quantity of waste burned (as
required in Sec. 62.14700(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 40 CFR part 60, Appendix A must be used to select
the sampling location and number of traverse points.
(e) Method 3A or 3B of 40 CFR part 60, Appendix A must be used for
gas composition analysis, including measurement of oxygen
concentration. Method 3A or 3B of 40 CFR part 60, Appendix A 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:

C_adj = C _meas (20.9-7)/(20.9-%O₂) (Eq.
1)

Where:

C_adj = pollutant concentration adjusted to 7 percent oxygen;
C_meas = 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
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 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. 62.14655 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. 62.14660 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 40
CFR 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. 62.14635 or Sec. 62.14640. The initial performance
test must be conducted using the test methods listed in table 1 of this
subpart and the procedures in Sec. 62.14650.

Sec. 62.14665 By what date must I conduct the initial performance
test?

The initial performance test must be conducted no later than 90
days after your final compliance date.

Continuous Compliance Requirements

Sec. 62.14670 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 40 CFR 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. 62.14650.
(b) You must continuously monitor the operating parameters
specified in Sec. 62.14635 or established under Sec. 62.14640.
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.
62.14640. Operating limits do not apply during performance tests.

[[Page 57547]]

Sec. 62.14675 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. 62.14680 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 later 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. 62.14685 May I conduct a repeat performance test to establish
new operating limits?

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

Monitoring

Sec. 62.14690 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. 62.14630, 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.
62.14695(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 an emission control system other than a wet
scrubber to comply with the emission limitations under Sec. 62.14630,
you must install, calibrate (to the manufacturers' specifications),
maintain, and operate the equipment necessary to monitor compliance
with the site-specific operating limits established using the
procedures in Sec. 62.14640.

Sec. 62.14695 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
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. 62.14700 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. 62.14640, 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.
62.14635(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

[[Page 57548]]

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. 62.14640
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. 62.14620(a) as required by
Sec. 62.14620(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. 62.14595, met
the criteria for qualification under Sec. 62.14605, and maintained or
renewed their qualification under Sec. 62.14610 or Sec. 62.14615.
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. 62.14690.
(k) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(l) The information listed in Sec. 62.14620(a).
(m) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required).

Sec. 62.14705 Where and in what format must I keep my records?

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

Sec. 62.14710 What reports must I submit?

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

Sec. 62.14715 When must I submit my waste management plan?

You must submit the waste management plan no later than April 5,
2004.

Sec. 62.14720 What information must I submit following my initial
performance test?

You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager.
(a) The complete test report for the initial performance test
results obtained under Sec. 62.14660, as applicable.
(b) The values for the site-specific operating limits established
in Sec. 62.14635 or Sec. 62.14640.
(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. 62.14690(b).

Sec. 62.14725 When must I submit my annual report?

You must submit an annual report no later than 12 months following
the submission of the information in Sec. 62.14720. You must submit
subsequent reports no more than 12 months following the previous
report. As with all other requirements in this subpart, the requirement
to submit an annual report does not modify or replace the operating
permit requirements of 40 CFR parts 70 and 71.

Sec. 62.14730 What information must I include in my annual report?

The annual report required under Sec. 62.14725 must include the
ten items listed in paragraphs (a) through (j) of this section. If you
have a deviation from the operating limits or the emission limitations,
you must also submit deviation reports as specified in Sec. Sec.
62.14735, 62.14740, and 62.14745.
(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. 62.14635 or Sec. 62.14640.
(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. 62.14700(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. 62.14680(a) or (b), and
did not conduct a performance test during the reporting period, you
must state that you met the requirements of Sec. 62.14680(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. 62.14735 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 any 6-month reporting period, or if a performance
test was conducted that yielded results 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. 62.14740 What must I include in the deviation report?

In each report required under Sec. 62.14735, 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.

[[Page 57549]]

(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. 62.14745 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

(a) If all qualified operators are not accessible for two weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
(1) Within 10 days of each deviation, you must submit a
notification 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. 62.14625(b)(2), due to a failure to provide an
accessible qualified operator, you must notify the Administrator that
you are resuming operation once a qualified operator is accessible.

Sec. 62.14750 Are there any other notifications or reports that I
must submit?

You must submit notifications as provided by 40 CFR 60.7.

Sec. 62.14755 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. 62.14760 Can reporting dates be changed?

If the Administrator agrees, you may change the semiannual or
annual reporting dates. See 40 CFR 60.19(c) for procedures to seek
approval to change your reporting date.

Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean
Lumber and/or Yard Waste

Sec. 62.14765 What is an air curtain incinerator?

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 different from conventional combustion devices which
typically have enclosed fireboxes and controlled air technology such as
mass burn, modular, and fluidized bed combustors.)

Sec. 62.14770 When must I achieve final compliance?

If you plan to continue operating, then you must achieve final
compliance by October October 4, 2004. It is unlawful for your air
curtain incinerator to operate after October 4, 2004 if you have not
achieved final compliance. An air curtain incinerator that continues to
operate after October 4, 2004 without being in compliance is subject to
penalties.

Sec. 62.14795 How do I achieve final compliance?

For the final compliance, you must complete all equipment changes
and retrofit installation control devices so that, when the affected
air curtain incinerator is placed into service, all necessary equipment
and air pollution control devices operate as designed and meet the
opacity limits of Sec. 62.14815.

Sec. 62.14805 What must I do if I close my air curtain incinerator
and then restart it?

(a) If you close your incinerator but will reopen it prior to the
final compliance date in this subpart, you must achieve final
compliance by October 4, 2004.
(b) If you close your incinerator but will restart it after October
4, 2004, you must have completed any needed emission control retrofits
and meet the opacity limits of Sec. 62.14815 on the date your
incinerator restarts operation.
(c) You are subject to the operating permit requirements of title V
of the CAA and 40 CFR part 70 or 71 until you close your air curtain
incinerator and at the time you restart it.

Sec. 62.14810 What must I do if I plan to permanently close my air
curtain incinerator and not restart it?

If you plan to permanently close your incinerator rather than
comply with this subpart, you must submit a closure notification,
including the date of closure, to the Administrator by March 31, 2004.
In addition, while still in operation, your air curtain incinerator is
subject to the same requirement to apply for and obtain a title V
operating permit that applies to an air curtain incinerator that will
not be permanently closing.

Sec. 62.14815 What are the emission limitations for air curtain
incinerators that burn 100 percent wood wastes, clean lumber and/or
yard waste?

(a) After the date the initial test for opacity 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. 62.14820 How must I monitor opacity for air curtain incinerators
that burn 100 percent wood wastes, clean lumber, and/or yard waste?

(a) Use Method 9 of 40 CFR part 60, Appendix A to determine
compliance with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8
no later than January 2, 2005.
(c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.

Sec. 62.14825 What are the recordkeeping and reporting requirements
for air curtain incinerators that burn 100 percent wood wastes, clean
lumber, and/or yard waste?

(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.

[[Page 57550]]

(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 five years.

Title V Requirements

Sec. 62.14830 Does this subpart require me to obtain an operating
permit under title V of the Clean Air Act?

If you are subject to this subpart, you are required to apply for
and obtain a title V operating permit unless you meet the relevant
requirements specified in 40 CFR 62.14525(a) through (h) and (j)
through (o) and all of the requirements specified in 40 CFR 62.14531.

Sec. 62.14835 When must I submit a title V permit application for my
existing CISWI unit?

(a) If your existing CISWI unit is not subject to an earlier permit
application deadline, a complete title V permit application must be
submitted not later than the date 36 months after promulgation of 40
CFR Part 60, subpart DDDD (December 1, 2003), or by the effective date
of the applicable State, Tribal, or Federal operating permits program,
whichever is later. For any existing CISWI unit not subject to an
earlier application deadline, this final application deadline applies
regardless of when this Federal plan is effective, or when the relevant
State or Tribal section 111(d)/129 plan is approved by the EPA and
becomes effective. See sections 129(e), 503(c), 503(d), and 502(a) of
the Clean Air Act.
(b) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or
71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with Federal law. See sections 503(d) and 502(a) of the
Clean Air Act; 40 CFR 70.7(b) and 71.7(b).

Delegation of Authority

Sec. 62.14838 What authorities are withheld by the EPA Administrator?

The following authorities are withheld by the EPA Administrator and
not transferred to the State or Tribe:
(a) Approval of alternatives to the emission limitations in table 1
of this subpart and operating limits established under Sec. 62.14635
and table 2 of this subpart.
(b) Approval of petitions submitted pursuant to the requirements of
Sec. 62.14640 establishing operating parameters when using controls
other than a dry scrubber followed by a fabric filter, a wet scrubber,
or a dry scrubber followed by a fabric filter and a wet scrubber.
(c) Approval of major alternatives to test methods established
under Sec. 62.14650 and table 1 of this subpart.
(d) Approval of major alternatives to monitoring requirements
established under Sec. 62.14690, Sec. 62.14605 and table 2 of this
subpart.
(e) Approval of major alternatives to recordkeeping and reporting
requirements of this subpart.
(f) Approval of petitions submitted pursuant to the requirements of
Sec. 62.14530 establishing requirements for petitions and approvals of
exemptions for chemical recovery units included in Sec. 62.14525(n).
(g) Approval of requests submitted pursuant to the requirements in
Sec. 62.14625(b)(2).

Definitions

Sec. 62.14840 What definitions must I know?

Terms used but not defined in this subpart are defined in the Clean
Air Act, subparts A and B of part 60 and subpart A of this part 62.
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 different from conventional combustion
devices which typically have 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 3 consecutive months (non-overlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
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, for the purposes of this subpart,
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-

[[Page 57551]]

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 promulgation of the final CISWI emission guidelines
in 40 CFR part 60, subpart DDDD 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.
Particulate matter means total particulate matter emitted from
CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60,
Appendix A.
Parts reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
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 promulgation of the final
CISWI emission guidelines in 40 CFR part 60, subpart DDDD.
(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
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 (86 Stat. 880), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 923). 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 40 CFR 60.2555 of subpart DDDD and
Sec. 62.14525 of this subpart.
Standard conditions, when referring to units of measure, means a
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
Startup period means the period of time between the Activation of
the system and the first charge to the unit.
Tribal plan means a plan submitted by a Tribal Authority pursuant
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40
CFR part 60, subpart DDDD.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including non-vaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
(2) Construction, renovation, or demolition wastes.
(3) Clean lumber.
Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs from

[[Page 57552]]

residential, commercial/retail, institutional, or industrial sources as
part of maintaining yards or other private or public lands.

Table 1 of Subpart III of Part 62.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \a\ time method
----------------------------------------------------------------------------------------------------------------
Cadmium.............................. 0.004 milligrams per 3-run average (1 hour Performance test
dry standard cubic minimum sample time (Method 29 of appendix
meter. per run). A of part 60).
Carbon monoxide...................... 157 parts per million 3-run average (1 hour Performance test
by dry volume. minimum sample time (Method 10, 10A, or
per run). 10B, of appendix A of
part 60).
Dioxins/furans (toxic equivalency 0.41 nanograms per dry 3-run average (4 hour Performance test
basis). standard cubic meter. minimum sample time (Method 23 of appendix
per run). A of part 60).
Hydrogen chloride.................... 62 parts per million by 3-run average (1 hour Performance test
dry volume. minimum sample time (Method 26A of
per run). appendix A of part
60).
Lead................................. 0.04 milligrams per dry 3-run (1 hour minimum Performance test
standard cubic meter. sample time per run). (Method 29 of appendix
A of part 60).
Mercury.............................. 0.47 milligrams per dry 3-run average (1 hour Performance test
standard cubic meter. minimum sample time (Method 29 of appendix
per run). A of part 60).
Opacity.............................. 10 percent............. 6-minute averages...... Performance test
(Method 9 of appendix
A of part 60).
Oxides of nitrogen................... 388 parts per million 3-run average (1 hour Performance test
by dry volume. minimum sample time (Methods 7, 7A, 7C,
per run). 7D, or 7E of appendix
A of part 60).
Particulate matter................... 70 milligrams per dry 3-run average (1 hour Performance test
standard cubic meter. minimum sample time (Method 5 or 29 of
per run). appendix A of part
60).
Sulfur dioxide....................... 20 parts per million by 3-run average (1 hour Performance test
dry volume. minimum sample time (Method 6 or 6c of
per run). appendix A of part
60).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.

Table 2 of Subpart III of Part 62.--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish And monitor using these minimum frequencies
For these operating parameters these operating -----------------------------------------------------------
limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate..................... Maximum charge Continuous........ Every hour........ 1. Daily (batch
rate. units)
2. 3-hour rolling
(continuous and
intermittent
units) \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.

Table 3 of Subpart III of Part 62.--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/furan congener equivalency
factor
------------------------------------------------------------------------
A. 2,3,7,8-tetrachlorinated dibenzo-p-dioxin............ 1
B. 12,3,7,8-pentachlorinated dibenzo-p-dioxin........... 0.5
C. 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin......... 0.1
D. 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin......... 0.1
E. 12,3,6,7,8-hexachlorinated dibenzo-p-dioxin.......... 0.1
F. 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin...... 0.01
G. 0ctachlorinated dibenzo-p-dioxin..................... 0.001
H. 2,3,7,8-tetrachlorinated dibenzofuran................ 0.1
I. 2,3,4,7,8-pentachlorinated dibenzofuran.............. 0.5
J. 1,2,3,7,8-pentachlorinated dibenzofuran.............. 0.05
K. 1,2,3,4,7,8-hexachlorinated dibenzofuran............. 0.1
L. 1,2,3,6,7,8-hexachlorinated dibenzofuran............. 0.1
M. 1,2,3,7,8,9-hexachlorinated dibenzofuran............. 0.1
N. 2,3,4,6,7,8-hexachlorinated dibenzofuran............. 0.1
O. 1,2,3,4,6,7,8-heptachlorinated dibenzofuran.......... 0.01
P. 1,2,3,4,7,8,9-heptachlorinated dibenzofuran.......... 0.01
Q. 0ctachlorinated dibenzofuran......................... 0.001
------------------------------------------------------------------------

[[Page 57553]]

Table 4 of Subpart III--Summary of Reporting Requirements \a\
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan............. No later than April 5, Waste management plan.. Sec. 62.14715.
2004.
B. Initial Test Report............... No later than 60 days 1. Complete test report Sec. 62.14720.
following the initial for the initial
performance test. performance test.
2. The values for the
site-specific
operating limits..
3. Installation of bag
leak detection systems
for fabric filters..
C. Annual report..................... No later than 12 months 1. Name and address.... Sec. Sec. 62.14725
following the 2. Statement and and 62.14730.
submission of the signature by Subsequent reports are
initial test report. responsible official.. to be submitted no
Subsequent reports are 3. Date of report...... more than 12 months
to be submitted no 4. Values for the following the previous
more than 12 months operating limits.. report.
following the previous 5. If no deviations or
report. malfunctions were
reported, a statement
that no deviations
occurred during the
reporting period..
6. Highest recorded 3-
hour average and the
lowest 3-hour average,
as applicable, for
each operating
parameter recorded for
the calendar year
being reported.
7. Information for
deviations or
malfunctions recorded
under Sec.
62.14700(b)(6) and (c)
through (e).
8. If a performance
test was conducted
during the reporting
period, the results of
the test..
9. If a performance
test was not conducted
during the reporting
period, a statement
that the requirements
of Sec. 62.14680(a)
or (b) were met..
10. Documentation of
periods when all
qualified CISWI unit
operators were
unavailable for more
than 8 hours but less
than 2 weeks..
D. Emission Limitation or Operating By August 1 of that 1. Dates and times of Sec. Sec. 62.14735
Limit Deviation Report. year for data deviations. and 62.14740.
collected during the 2. Averaged and
first half of the recorded data for
calendar year. these dates..
By February 1 of the 3. Duration and causes
following year for for each deviation and
data collected during the corrective actions
the second half of the taken..
calendar year.. 4. Copy of operating
limit monitoring data
and any test reports..
5. Dates, times, and
causes for monitor
downtime incidents..
6. Whether each
deviation occurred
during a period of
startup, shutdown, or
malfunction..
E. Qualified Operator Deviation Within 10 days of 1. Statement of cause Sec. 62.14745(a)(1).
Notification. deviation. of deviation..
2. Description of
efforts to have an
accessible qualified
operator..
3. The date a qualified
operator will be
accessible..
F. Qualified Operator Deviation Every 4 weeks following 1. Description of Sec. 62.14745(a)(2).
Status Report. deviation.. efforts to have an
accessible qualified
operator.
2. The date a qualified
operator will be
accessible..
3. Request for approval
to continue operation..
G. Qualified Operator Deviation Prior to resuming Notification that you Sec. 62.14745(b).
Notification of Resumed Operation. operation. are resuming operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 03-24004 Filed 10-2-03; 8:45 am]
BILLING CODE 6560-50-P

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

Federal Plan Requirements for Commercial and Industrial Solid Waste Incinerators Constructed on or Before November 30, 1999

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