[Title 40 CFR 60.3078]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart Ffff - Emission Guidelines and Compliance Times for Other Solid]
[Sec. 60.3078 - What definitions must I know?]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01falseWhat definitions must I know?60.3078Sec. 60.3078PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Emission Guidelines and Compliance Times for Other Solid
Sec. 60.3078  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
EEEE only, air curtain incinerators include both firebox and trench 
burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per day 
of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an interruption 
in access to surface transportation, preventing access to a Class I 
municipal solid waste landfill; or

[[Page 919]]

    (ii) Has no practicable waste management alternative, with a 
landfill located in an area that annually receives 25 inches or less of 
precipitation.
    Class III municipal solid waste landfill is a landfill that is not 
connected by road to a Class I municipal solid waste landfill, as 
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by 
road, is located more than 50 miles from a Class I municipal solid waste 
landfill, and that accepts, for disposal, either of the following two 
criteria:
    (1) Ash from incinerated municipal waste in quantities less than one 
ton per day on an annual average, which ash must be free of food scraps 
that might attract animals; or
    (2) Less than five tons per day of municipal solid waste, based on 
an annual average, and is not located in a place that meets either of 
the following criteria:
    (i) Where public access is restricted, including restrictions on the 
right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of employment 
and who do not consider the place to be their permanent residence.
    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, or manufactured wood products 
that contain adhesives or resins (e.g., plywood, particle board, flake 
board, and oriented strand board).
    Collected from means the transfer of material from the site at which 
the material is generated to a separate site where the material is 
burned.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec. 60.2991, 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 unit that meets requirements in Sec. 60.2991 
and is 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 of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: Whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional 
waste also means solid waste (as defined in this subpart) combusted on

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site in an air curtain incinerator that is a distinct operating unit of 
any institutional facility.
    Institutional waste incineration unit means any combustion unit that 
combusts institutional waste (as defined in this subpart) and is a 
distinct operating unit of the institutional facility that generated the 
waste. Institutional waste incineration units include field-erected, 
modular, cyclonic burn barrel, and custom built incineration units 
operating with starved or excess air, and any air curtain incinerator 
that is a distinct operating unit of the institutional facility that 
generated the institutional waste (except those air curtain incinerators 
listed in Sec. 60.2994(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow 
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Metropolitan Statistical Area means any areas listed as metropolitan 
statistical areas in OMB Bulletin No. 05-02 entitled ``Update of 
Statistical Area Definitions and Guidance on Their Uses'' dated February 
22, 2005 (available on the Web at http://www.whitehouse.gov/omb/
bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 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 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the OSWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) The term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) an 
incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec. 60.2993(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart EEEE, any setting or equipment that combusts 
municipal solid waste (as defined in this subpart) including, but not 
limited to, field-erected, modular, cyclonic burn barrel, and custom 
built incineration units (with or without energy recovery) operating 
with starved or excess air, boilers, furnaces, pyrolysis/combustion 
units, and air curtain incinerators (except those air curtain 
incinerators listed in Sec. 60.2994(b)).
    Other solid waste incineration (OSWI) unit means either a very small 
municipal waste combustion unit or an institutional waste incineration 
unit, as defined in this subpart. Unit types listed in Sec. 60.2993 as 
being excluded from the subpart are not OSWI units subject to this 
subpart. While not all OSWI units will include all of the following 
components, an OSWI unit includes, but is not limited to, the municipal 
or institutional solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom

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ash system. The OSWI unit does not include air pollution control 
equipment or the stack. The OSWI unit boundary starts at the municipal 
or institutional waste hopper (if applicable) and extends through two 
areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The OSWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Reconstruction means rebuilding an incineration unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (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 unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI 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. For continuous OSWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent OSWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch OSWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    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 
that are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.
    Very small municipal waste combustion unit means any municipal waste 
combustion unit that has the capacity to combust less than 35 tons per 
day of municipal solid waste or refuse-derived fuel, as determined by 
the calculations in Sec. 60.3076.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees,

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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.
    (4) Treated wood and treated wood products, including wood products 
that have been painted, pigment-stained, or pressure treated by 
compounds such as chromate copper arsenate, pentachlorophenol, and 
creosote, or manufactured wood products that contain adhesives or resins 
(e.g., plywood, particle board, flake board, and oriented strand board).
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.