[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47276-47307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21547]
[[Page 47275]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 60
New Source Performance Standards for New Small Municipal Waste
Combustion Units; Proposed Rule
Federal Register / Vol. 64, No. 167 / Monday, August 30, 1999 /
Proposed Rules
[[Page 47276]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-6424-7]
RIN 2060-AI51
New Source Performance Standards for New Small Municipal Waste
Combustion Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action proposes to reestablish new source performance
standards (NSPS) for new small municipal waste combustion (MWC) units.
When implemented, these NSPS will result in stringent emission limits
for organics (dioxins/furans), metals (cadmium, lead, mercury, and
particulate matter), and acid gases (hydrogen chloride, sulfur dioxide,
and nitrogen oxides). The NSPS for small MWC units were originally
promulgated in December 1995 but were vacated by the U.S. Court of
Appeals for the District of Columbia Circuit in March 1997. These
proposed NSPS are functionally equivalent to the 1995 NSPS.
DATES: Comments: Comments on these proposed NSPS and comments on the
Information Collection Request (ICR) document associated with these
NSPS must be received on or before October 29, 1999.
Public Hearing: A public hearing will be held if requests to speak
are received by September 14, 1999. The public hearing will provide
interested parties the opportunity to present data, views, or arguments
concerning these proposed NSPS. If requests to speak are received, the
public hearing will take place in Research Triangle Park, North
Carolina, approximately 30 days after August 30, 1999 and will begin at
10:00 a.m. A message regarding the status of the public hearing may be
accessed by calling (919) 541-5264.
ADDRESSES: Comments: Submit comments on these proposed NSPS (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (MC-6102), Attention Docket No. A-98-18, U.S. Environmental
Protection Agency, 401 M Street SW, Washington, DC 20460. Comments may
also be submitted electronically. Send electronic submittals to: ``A-
and-R-D[email protected]''. Submit electronic comments in American
Standard Code for Information Interchange (ASCII) format. Avoid the use
of special characters and any form of encryption. Electronic comments
on these proposed NSPS may be filed online at any Federal Depository
Library. For additional information on comments and public hearing see
the SUPPLEMENTARY INFORMATION section.
Docket: Docket No. A-98-18 for this proposal and associated Docket
Nos. A-90-45 and A-89-08 contain supporting information for these NSPS.
These dockets are available for public inspection and copying between
8:00 a.m. and 5:30 p.m., Monday through Friday, at EPA's Air and
Radiation Docket and Information Center (MC-6102), 401 M Street SW,
Washington, DC 20460 or by calling (202) 260-7548. The docket is
located at the above address in Room M-1500, Waterside Mall (ground
floor, central mall). A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Walt Stevenson at (919) 541-5264,
Combustion Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711, e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Comment Information
Comments and data will also be accepted on disks in
WordPerfect Version 5.1 or 6.1 file format (or ASCII file
format). Address all comments and data for this proposal, whether in
paper form or in electronic form such as through e-mail or disk, to
Docket No. A-98-18.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it ``Confidential Business Information.''
Send submissions containing proprietary information directly to the
following address, and not to the public docket, to ensure that
proprietary information is not inadvertently placed in the docket:
Attention: Ms. Melva Toomer, U.S. EPA, OAQPS Document Control Officer,
411 W. Chapel Hill Street, Room 944, Durham, NC 27701. Do not submit
Confidential Business Information (CBI) electronically.
The EPA will disclose information covered by such a claim of
confidentiality only to the extent allowed and by the procedures set
forth in 40 CFR part 2. If no claim of confidentiality accompanies a
submission when it is received by the EPA, the information may be made
available to the public without further notice to the commenter.
Public Hearing
If a public hearing is held, it will take place at EPA's Office of
Administration Auditorium, Research Triangle Park, NC, or at an
alternate site nearby. Persons interested in presenting oral testimony
at the public hearing should notify Ms. Libby Bradley, Combustion
Group, Emission Standards Division (MD-13), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711, telephone (919)
541-5578, at least 2 days in advance of the public hearing. Persons
interested in attending the public hearing must call Ms. Bradley to
verify the time, date, and location of the hearing. The final hearing
status and location may be obtained by calling (919) 541-5264.
World Wide Web Site
Electronic versions of this notice, the proposed regulatory text,
and other background information are available at the World Wide Web
site that EPA has established for these proposed NSPS for small MWC
units. The address is: ``http://www.epa.gov/ttn/uatw/129/mwc/
rimwc2.html''. For assistance in downloading files, call the EPA's
Technology Transfer Network (TTN) HELP line at (919) 541-5384.
Regulated Entities
These NSPS would affect the following categories of sources:
----------------------------------------------------------------------------------------------------------------
Category NAICS codes SIC codes Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry, Federal government, and 562213 4953 Solid waste combustors or incinerators at waste-
State/local/ tribal governments. 92411 9511 to-energy facilities that generate electricity
or steam from the combustion of garbage
(typically municipal waste); and solid waste
combustors or incinerators at facilities that
combust garbage (typically municipal waste)
and do not recover energy from the waste.
----------------------------------------------------------------------------------------------------------------
[[Page 47277]]
This list is not intended to be exhaustive, but rather provides a
guide regarding the entities EPA expects to regulate with these NSPS
for small MWC units. These NSPS would primarily impact facilities in
North American Industrial Classification System (NAICS) codes 562213
and 92411, formerly Standard Industrial Classification (SIC) codes 4953
and 9511, respectively. Not all facilities classified under these codes
would be affected. Other types of entities not listed in this table
could also be affected. To determine whether your facility would be
regulated by these NSPS, carefully examine the applicability criteria
in section II.A of this preamble. If you have any questions regarding
the applicability of this action to your small MWC unit or any other
question or comment, please submit comments to Docket No. A-98-18 or
refer to the FOR FURTHER INFORMATION CONTACT section.
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
Each section heading of the preamble is presented as a question and
the text in the section answers the question.
I. Background Information
II. Summary of These Proposed NSPS
A. What Sources Would Be regulated by These Proposed NSPS?
B. What Pollutants Would Be Regulated by These Proposed NSPS?
C. What Is the Format of the Proposed Emission Limits in These
NSPS?
D. Where Can I Find a More Detailed Summary of These Proposed
NSPS?
III. Changes in These Proposed NSPS Relative to the 1995 NSPS
A. How Has the Conversion to Plain Language Affected These NSPS?
B. How Has the Size Definition of the Small MWC Unit Category
Been Revised?
C. How Has the Population of Small MWC Units Been Subcategorized
in These Proposed NSPS?
D. Have Any Changes Been Made to the Emission Limits for These
Proposed NSPS?
E. Have Any Changes Been Made to the Operator Certification
Requirements?
F. Have Any Changes Been Made to the Operating Practice
Requirements?
G. Have Any Changes Been Made to the Monitoring and Stack
Testing Requirements?
H. Have Any Changes Been Made to the Recordkeeping and Reporting
Requirements?
IV. What Would Be the Impacts Associated With These Proposed NSPS?
A. Air Impacts
B. Cost and Economic Impacts
V. Companion Proposal for Existing Small MWC Units
VI. Administrative Requirements
A. Public Hearing
B. Docket
C. National Technology Transfer and Advancement Act
D. Paperwork Reduction Act
E. Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act
F. Unfunded Mandates Reform Act
G. Executive Order 12866--Regulatory Planning and Review
H. Executive Order 12875--Enhancing the Intergovernmental
Partnership
I. Executive Order 12898--Federal Actions to Address
Environmental Justice on Minority Populations and Low-income
Populations
J. Executive Order 13045--Protection of Children from
Environmental Health Risks and Safety Risks
K. Executive Order 13084--Consultation and Coordination with
Indian Tribal Governments
L. Executive Memorandum on Plain Language in Government Writing
Abbreviations and Acronyms Used in This Document
ASCII--American Standard Code for Information Interchange
ASME--American Society of Mechanical Engineers
ASTM-- American Society for Testing and Materials
CBI--Confidential Business Information
CFR--Code of Federal Regulations
CI--Carbon Injection
EPA--Environmental Protection Agency
FR--Federal Register
ICR--Information Collection Request
MACT--Maximum achievable control technology
MSW--Municipal solid waste
MWC--Municipal waste combustion
NAICS--North American Industrial Classification System
NSPS--New source performance standards
NTTAA--National Technology Transfer and Advancement Act
OAQPS--Office of Air Quality Planning and Standards
OMB--Office of Management and Budget
OP--Office of Policy
Pub. L.--Public Law
RFA--Regulatory Flexibility Act
SBREFA--Small Business Regulatory Enforcement Fairness Act
SD/FF/CI--Spray dryer/fabric filter/carbon injection
SIC--Standard Industrial Classification
SNCR--Selective non-catalytic reduction
TTN--Technology Transfer Network
UMRA--Unfunded Mandates Reform Act
U.S.C.--United States Code
I. Background Information
On September 20, 1994, EPA proposed NSPS for large and small MWC
units under 40 CFR part 60, subpart Eb. Those NSPS covered all MWC
units located at plants with an aggregate plant combustion capacity
larger than 35 megagrams per day of MSW which is approximately 39 tons
per day of MSW. The subpart Eb NSPS for large and small MWC units were
promulgated on December 19, 1995.
The 1995 NSPS divided the MWC unit population into MWC units
located at large or small MWC plants based on the total aggregate
capacity of all MWC units at the MWC plant. The large plant category
comprised all MWC units located at MWC plants with aggregate plant
combustion capacities greater than 225 megagrams per day (approximately
248 tons per day). The small plant category comprised all MWC units
located at MWC plants with aggregate plant combustion capacities of 35
to 225 megagrams per day (approximately 39 to 248 tons per day).
Following promulgation of the 1995 NSPS, a petition for review was
filed with the U.S. Court of Appeals for the District of Columbia
Circuit regarding the use of aggregate plant capacity as the basis for
initial categorization of the MWC unit population. An initial opinion
was issued by the court on December 6, 1996 (Davis County Solid Waste
Management and Recovery District v. EPA, 101 F. 3d 1395, D.C. Circuit,
1996). The initial opinion would have vacated (canceled) the 1995 NSPS
for both large and small MWC units.
The EPA filed a petition for rehearing on February 4, 1997
requesting the court to reconsider the remedy portion of its opinion
and to vacate only the NSPS as they apply to small MWC units (units
with an individual unit capacity of 35 to 250 tons per day). The court
granted EPA's petition, reconsidered its opinion, and issued a revised
opinion on March 21, 1997 (Davis County Solid Waste Management and
Recovery District v. EPA, 108 F. 3d 1454, D.C. Circuit, 1997). The
revised opinion remanded to EPA the 1995 NSPS for the large MWC unit
category for amendment to be consistent with the court's final opinion
and vacated these NSPS only as they applied to small MWC units.
Amendments to the 1995 NSPS incorporating the court's final opinion
were published on August 25, 1997 (62 FR 45116). The amendments made
the subpart Eb NSPS consistent with the court's decision and included
other minor technical corrections to improve clarity. The principal
change was to remove small MWC units from the applicability of subpart
Eb. This was accomplished by increasing the lower size definition
(cutoff) for large MWC
[[Page 47278]]
plants from 35 megagrams per day on a plant capacity basis to 250 tons
per day on a unit capacity basis. No adverse comments were received on
the proposal and the amendments became effective on October 24, 1997.
Today's proposal would reestablish NSPS for new small MWC units
with combustion capacities of 35 to 250 tons per day of MSW.
II. Summary of These Proposed NSPS
This section summarizes these proposed NSPS for small MWC units,
including identification of the subcategories used in this proposal.
Overall, these proposed NSPS for small MWC units are functionally
equivalent to the 1995 NSPS for small MWC units. These proposed NSPS
retain subcategorization by aggregate plant capacity. The following two
subcategories are used in these NSPS for small MWC units: (1) Small MWC
units located at plants with aggregate plant capacities greater than
250 tons of MSW per day; and (2) small MWC units located at plants with
aggregate plant capacities less than or equal to 250 tons of MSW per
day. The court allowed this subcategorization as a second step after
first categorizing the MWC unit population into large MWC unit (subpart
Eb) and small MWC unit (subpart AAAA) categories.
A. What Sources Would Be Regulated by These Proposed NSPS?
Today's proposed NSPS, if promulgated in the current form, would
apply to each new MWC unit that has a combustion design capacity of 35
to 250 tons of MSW, and commenced construction after August 30, 1999 or
commenced modification or reconstruction 6 months after the date that
these NSPS rule are promulgated. Small MWC units that commenced
construction on or before August 30, 1999 are not covered under this
subpart. These units would be subject to the emission guidelines for
existing small MWC units that are proposed as subpart BBBB in a
separate part of today's Federal Register.
B. What Pollutants Would Be Regulated by These Proposed NSPS?
Section 129 of the Clean Air Act requires EPA to establish
numerical emission limits for dioxins/furans, cadmium, lead, mercury,
particulate matter, opacity, sulfur dioxide, hydrogen chloride,
nitrogen oxides, and carbon monoxide. Section 129 specifies that EPA
may also:
* * * promulgate numerical emission limitations or provide for the
monitoring of post-combustion concentrations of surrogate
substances, parameters, or periods of residence times in excess of
stated temperatures with respect to pollutants other than those
listed [above] * * *
Therefore, in addition to the proposed emission limits, EPA is
proposing limits for unit operating load, flue gas temperature at the
particulate matter control device inlet, and carbon feed rate as part
of the good combustion practice requirements. The EPA is also proposing
limits for control of fugitive ash emissions. All of these requirements
were contained in the 1995 NSPS.
C. What Is the Format of the Proposed Emission Limits in These NSPS?
The format of the emission limits in these proposed NSPS is
identical to the format of the 1995 NSPS. The format is in the form of
emission limits based on pollutant concentration. Alternative
percentage reduction requirements are provided for mercury, sulfur
dioxide, and hydrogen chloride. Opacity and fugitive ash requirements
in these NSPS are identical to the 1995 NSPS. In addition to
controlling stack emissions, these proposed NSPS incorporate the same
good combustion practice requirements (i.e., operator training,
operator certification, and operating requirements) that were included
in the 1995 NSPS. Additionally, this proposal includes a clarification
to the operator certification requirements to address periods when the
certified chief facility operators and certified shift supervisors must
be offsite. Section III.E provides more detail on these proposed
changes. Today's proposal also includes a revision to the carbon
injection requirements. See section III.F of this preamble for more
detail on the proposed changes.
D. Where Can I Find a More Detailed Summary of These Proposed NSPS?
A concise summary of these proposed NSPS can be found either in:
(1) tables 1 and 2 of the proposed subpart AAAA NSPS following this
preamble, or (2) the Technical Fact Sheet for this proposal that can be
downloaded from the EPA World Wide Web site for small MWC units (http:/
/www.epa.gov/ttn/uatw/129/mwc/rimwc2.html).
III. Changes in These Proposed NSPS Relative to the 1995 NSPS
This section summarizes the changes in these proposed NSPS compared
to the 1995 NSPS. Overall, these NSPS are functionally equivalent to
the 1995 NSPS, with minimal changes. The most significant change since
the 1995 NSPS has been the use of the plain language style for
organizing and writing these NSPS. These proposed NSPS retain
subcategorization by aggregate plant capacity as allowed by the court.
A. How Has the Conversion to Plain Language Affected These NSPS?
The proposed NSPS are organized and written in the plain language
style. This plain language style has not affected the content of these
proposed NSPS compared to the 1995 NSPS. However, it has changed their
appearance. The EPA considers the question and answer style used with
plain language to be more user friendly and understandable to all
audiences when compared with previous rules that were not written in
this style. To improve the presentation of these NSPS requirements,
additional tables have been added.
B. How Has the Size Definition of the Small MWC Unit Category Been
Revised?
As a result of the 1997 court decision, both the upper and lower
size cutoffs have been changed for the small MWC unit category so that
the size cutoffs are based on the capacity of an individual MWC unit
rather than on the total capacity of the plant where an MWC unit is
located. Additionally, English units of measure are used instead of
metric units of measure.
1. Upper Size Cutoff
The upper size cutoff for small MWC units is proposed as 250 tons
per day on a unit capacity basis. In the 1995 NSPS, the upper size
cutoff was 225 megagrams per day (approximately 248 tons per day) based
on total plant capacity. The revised upper size cutoff is consistent
with the 1997 court ruling.
2. Lower Size Cutoff
The lower size cutoff is proposed as 35 tons per day on a unit
capacity basis to make both the upper size cutoff and lower size cutoff
consistent on a unit capacity basis. In the 1995 NSPS, the lower size
cutoff for small MWC units was 35 megagrams per day (approximately 39
tons per day) based on total plant capacity.
C. How Has the Population of Small MWC Units Been Subcategorized in
These Proposed NSPS?
As stated in the SUMMARY section, these proposed NSPS are
functionally equivalent to the 1995 NSPS and retain the use of
aggregate plant capacity to subcategorize small MWC units within these
proposed NSPS. The 1997 court decision allowed EPA to:
* * * exercise its discretion to distinguish among units within a
category and create subcategories of small units, for which it can
then calculate MACT (maximum achievable
[[Page 47279]]
control technology) floors and standards separately.
After first categorizing the MWC unit population into large and
small MWC units based on unit capacity, the court allowed EPA, as a
second step, to subcategorize by unit location (aggregate plant
capacity) at EPA discretion. The EPA has elected to retain the
subcategorization used in the 1995 NSPS. Therefore, today's proposal
divides the small MWC unit population into two classes: Class I and
Class II. Class I comprises small MWC units located at MWC plants with
an aggregate plant capacity greater than 250 tons of MSW per day. Class
II comprises small MWC units located at MWC plants with an aggregate
plant capacity less than or equal to 250 tons of MSW per day. The
establishment of these two classes preserves the subcategorization used
in the 1995 NSPS.
D. Have Any Changes Been Made to the Emission Limits in These Proposed
NSPS?
The proposed emission limits are identical to those established in
the 1995 NSPS. Based on a reevaluation of the best controlled units
within the small MWC unit population, EPA has concluded that the
performance of a SD/FF air pollution control system continues to
represent the MACT floor for new small MWC units. The supplemental use
of CI continues to represent MACT performance for mercury and dioxins/
furans. This technology (SD/FF/CI) is the same technology basis of
these NSPS promulgated in 1995. With respect to nitrogen oxides, EPA
has concluded that a SNCR air pollution control system would represent
the basis of the MACT floor for nitrogen oxides for Class I units.
Since these technologies are the same as those used as the basis for
the 1995 NSPS, EPA is proposing the same emission limits that were
promulgated in the 1995 NSPS. The methods used to determine the new
source MACT floors, to select the technology basis of the new source
MACT, and to determine the emission limits are identical to the methods
described in the Federal Register notices and background documents for
the 1995 NSPS. The emission limits proposed for Class I units are the
same as the emission limits for large MWC units in the 1995 NSPS. The
emission limits proposed for Class II units are the same as the
emission limits for small MWC units in the 1995 NSPS.
E. Have Any Changes Been Made to the Operator Certification
Requirements?
One change is proposed for the operator certification section of
the good combustion practice requirements since the 1995 NSPS. In
response to questions since the 1995 NSPS were promulgated, EPA has
clarified what actions an MWC owner must take to continue operating an
MWC unit during times when the certified chief facility operator and
certified shift supervisor must be temporarily offsite for an extended
period of time when there are no other certified chief facility
operators or certified shift supervisors onsite. The EPA has addressed
this issue by adding specific requirements for MWC units during times
when the certified chief facility operator and certified shift
supervisor must be offsite. Different requirements apply depending on
the length of time the certified chief facility operator and certified
shift supervisor must be offsite. These changes have been added to
Sec. 60.1195 of these proposed NSPS.
F. Have Any Changes Been Made to the Operating Practice Requirements?
One change is proposed to the operating practice requirements since
the 1995 NSPS. The EPA has clarified how the required level of carbon
feed rate is established and how the required monitoring parameter and
quarterly carbon usage are used to determine compliance with the
operating practice requirements. As discussed below, this results in
two enforceable requirements for carbon feed rate.
As in the 1995 NSPS, the MWC plant owner must select an operating
parameter (e.g., screw feeder speed) that can be used to calculate the
carbon feed rate. During each dioxin/furan and mercury stack test, the
total amount of carbon used during each stack test must be measured.
The total amount of carbon used during the test is divided by the
duration (hours) of the stack test to give an average carbon feed rate
in kilograms (or pounds) per hour. The MWC plant owner must also
monitor the selected operating parameter during each dioxin/furan and
mercury stack test and record the average operating parameter level.
After the dioxin/furan and mercury stack tests are complete, the MWC
plant owner must establish a relationship between the selected
operating parameter and the measured carbon feed rate so that the
selected parameter can be used to calculate the carbon feed rate. The
selected operating parameter must then be continuously monitored during
MWC unit operation and used to calculate the carbon feed rate. The
calculated carbon feed rate cannot fall below the carbon feed rate
measured during the dioxin/furan or mercury stack test (depending on
which test establishes the higher carbon feed rate).
The 1995 NSPS did not clearly specify an averaging time for
calculating the carbon feed rate. Because the baseline carbon feed rate
is established as the average feed rate during the annual dioxin/furan
or mercury stack test, EPA is clarifying that the averaging time used
for monitoring the carbon feed rate (using parametric data) should be
of similar duration. Therefore, EPA is proposing an 8-hour block
averaging period for monitoring carbon feed rates. This would allow
facilities to compensate for interruptions in carbon feed rates (due to
calibration, malfunction, or repair) by offsetting the interruption
with an increase in carbon feed rates within the 8-hour averaging
period.
The 1995 NSPS requirements have also been revised and clarified
relative to quarterly carbon usage. The EPA is proposing that MWC plant
owners calculate required plantwide carbon usage on a quarterly basis
and compare this required level of carbon usage to the actual amount of
carbon purchased and delivered to the MWC plant. After an average
carbon feed rate is established for an MWC unit based on the most
recent dioxin/furan or mercury stack test, the required quarterly
carbon usage level for the MWC unit is calculated by multiplying the
kilogram (or pound) per hour rate by the number of operating hours for
each quarter. Next, the required carbon usage for the plant is
calculated by summing this value for each small MWC unit located at the
plant.
The MWC plant owner must then compare the required quarterly carbon
usage level, based on the carbon usage during the stack test and hours
of operation, with the amount of carbon purchased and delivered to the
MWC plant. The MWC plant owner must demonstrate that they are using the
required amount of carbon during each quarter. This comparison is done
on a plant basis rather than on a unit basis because MWC units
typically use a common carbon storage system; therefore, purchase,
delivery, and use of carbon are best tracked on a plant basis. If a
plant does not meet the quarterly carbon usage requirement, all units
at the plant would be considered out of compliance.
A plant owner can choose to track quarterly carbon usage on an MWC
unit basis if that is practical at the plant. The required quarterly
carbon usage for each
[[Page 47280]]
individual MWC unit would then be compared to the carbon purchased and
delivered to that unit. In this case, if an MWC unit does not meet the
quarterly carbon usage requirement, only the one MWC unit, instead of
the entire MWC plant, would be considered out of compliance.
G. Have Any Changes Been Made to the Monitoring and Stack Testing
Requirements?
No changes are proposed to the monitoring and testing requirements
contained in the 1995 NSPS. However, to clarify differences between
stack testing and continuous emission monitoring requirements, these
topics have been addressed in different sections of these NSPS.
H. Have Any Changes Been Made to the Recordkeeping and Reporting
Requirements?
No significant changes are proposed to the recordkeeping and
reporting requirements since the 1995 NSPS. The EPA is proposing one
minor change to clarify recordkeeping and reporting of: (1) 8-hour
average calculated carbon feed rate, and (2) quarterly amounts of
carbon purchased and delivered. These changes make the reporting and
recordkeeping sections consistent with the carbon injection operating
practice requirements described above in section III.F.
IV. What Would Be the Impacts Associated With These Proposed NSPS?
This section describes the impacts (i.e., air, water, solid waste,
energy, cost, and economic impacts) of these proposed NSPS for small
MWC units. These proposed NSPS are functionally equivalent to these
NSPS promulgated in 1995. The impact analysis conducted to evaluate the
1995 NSPS still applies and is available at 59 FR 48198. The discussion
in this preamble focuses on the air, cost, and economic impacts of
these proposed NSPS.
In the preamble for the 1995 NSPS, EPA determined that the water,
solid waste, and energy impacts associated with these proposed NSPS
were not significant. Because these proposed NSPS are the same as the
1995 NSPS, the water, solid waste, and energy impacts are not
significant.
For more detail on the air, cost, and economic impacts of these
proposed NSPS, refer to the document entitled ``Economic Impact
Analysis: Small Municipal Waste Combustion Units--Section 111/129
Emission Guidelines and New Source Performance Standards'' (Docket No.
A-98-18).
A. Air Impacts
Table 1 presents national impacts of air emission reductions for
new small MWC units that would result from implementation of these
NSPS. These are fifth year impacts based on the assumption that one new
plant with two small MWC units would initiate operation each year.
Table 1.--National Air Emission Impacts of These NSPS for Small NWC
Units
------------------------------------------------------------------------
Percent
Pollutant Air emission reduction change a
------------------------------------------------------------------------
Dioxins/furansb................... 0.04 kg/year............. 99
Cadmium........................... 34 kg/year............... 99
Lead.............................. 3 Mg/year................ 99
Mercury........................... 77 kg/year............... 97
Particulate matter................ 48 Mg/year............... 98
Sulfur dioxide.................... 38 Mg/year............... 83
Hydrogen chloride................. 28 Mg/year............... 90
Nitrogen oxides................... See footnote c........... (c)
------------------------------------------------------------------------
a Percent national emission reduction relative to national baseline
emissions that would occur in the absence of these NSPS.
b Total mass of tetra-through octachlorinated dibenzo-p-dioxins through
dibenzofurans.
c For Class I units, nitrogen oxides emission reductions are expected to
be approximately 40 percent. Class II units do not have a nitrogen
oxides emission limit and are not expected to have any reductions in
nitrogen oxides emissions. Since the distribution of new Class I and
II units to be constructed are unknown, no mass reductions of nitrogen
oxides are presented.
B. Cost and Economic Impacts
Approximately 90 small MWC units located at 41 plants are currently
operating in the United States. Based on trends in small MWC unit
construction over the past several years, EPA projects that about one
new small MWC plant will be constructed each year. It is estimated that
most new plants with small MWC units will have, on average, two small
MWC units onsite.
To estimate the costs of these proposed NSPS for new small MWC
units, EPA has taken into account the various air pollution control
equipment that would need to be installed at new small MWC plants to
achieve these proposed NSPS. The cost estimates presented here, which
are in 1997 dollars, are the projected costs that a new MWC plant with
two small MWC units would incur to comply with these NSPS. These costs
are based on new small MWC units installing SD/FF/CI as the air
pollution control device system.
The method used to estimate the cost and economic impacts of
today's proposal is consistent with the method used to estimate the
same impacts of the 1995 NSPS. For more details on the cost and
economic analysis, refer to the document entitled ``Economic Impact
Analysis: Small Municipal Waste Combustion Units--Section 111/129
Emission Guidelines and New Source Performance Standards'' (Docket No.
A-98-18).
The EPA projects that the total annual cost (including annualized
capital and operating costs) for an MWC plant with two small MWC units
to comply with today's proposed NSPS would be approximately $1.6
million. Based on the current trend of MWC plant openings, in 5 years
there will be five MWC plants, with ten small MWC units subject to
these NSPS. In this case, the total annual cost of these NSPS would be
$8.1 million in the 5th year after promulgation of subpart AAAA.
V. Companion Proposal for Existing Small MWC Units
A companion proposal to these NSPS is being published in today's
Federal Register to establish emission guidelines for existing small
MWC units. Following promulgation, the emission guidelines for existing
small MWC units will be contained in 40 CFR part 60, subpart BBBB.
VI. Administrative Requirements
A. Public Hearing
In accordance with section 307(d)(5) of the Clean Air Act, EPA will
hold a public hearing if individuals request to speak. If a public
hearing is held, EPA may ask clarifying questions during the
[[Page 47281]]
oral presentation but will not respond to the presentations or
comments. To provide an opportunity for all who may wish to speak, oral
presentations will be limited to 15 minutes each. Any member of the
public may submit written comments (see the DATES and ADDRESSES
sections). The EPA will consider written comments and supporting
information with equivalent weight to any oral statement and supporting
information presented at a public hearing.
B. Docket
The docket is an organized and complete file of the administrative
record compiled by EPA in the development of this proposal. Material is
added to the docket throughout the rule development process. The
principal purposes of the docket are: (1) To allow members of the
public to identify and locate documents so that they can effectively
participate in the rulemaking process, and (2) to serve as the record
in case of judicial review, except for interagency review material. The
docket numbers for these NSPS are Docket No. A-98-18 and associated
Docket Nos. A-90-45 and A-89-08, which have been incorporated by
reference into Docket No. A-98-18.
C. National Technology Transfer and Advancement Act
Under section 12(d) of the 1995 NTTAA (Pub. L. No. 104-113), all
Federal agencies are required to use voluntary consensus standards in
their 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 requires Federal agencies to provide Congress, through annual
reports to the OMB, with explanations when an agency does not use
available and applicable voluntary consensus standards.
Consistent with the NTTAA, the EPA conducted searches to identify
voluntary consensus standards for use in process and emissions
monitoring. The search for emissions monitoring procedures identified
20 voluntary consensus standards that appeared to have possible use in
lieu of EPA standard reference methods. However, after reviewing
available standards, EPA determined that 12 of the candidate consensus
standards identified for measuring emissions of pollutants or
surrogates subject to emission standards in the rule would not be
practical due to lack of equivalency, documentation, validation data,
and other important technical and policy considerations. Eight of the
remaining candidate consensus standards are new standards under
development that EPA plans to follow, review and consider adopting at a
later date.
One consensus standard, ASTM D6216-98, appears to be practical for
EPA use in lieu of EPA performance specification 1 (40 CFR part 60,
appendix B). On September 23, 1998, EPA proposed incorporating by
reference ASTM D6216-98 under a separate rulemaking (63 FR 50824) that
would allow broader use and application of this consensus standard. The
EPA plans to complete this action in the near future. For these
reasons, EPA does not propose in these NSPS to adopt D6216-98 in lieu
of PS-1 requirements as it would be impractical for EPA to act
independently from separate rulemaking activities already undergoing
notice and comment.
The EPA solicits comment on proposed emission monitoring
requirements proposed in these NSPS and specifically invites the public
to identify potentially-applicable voluntary consensus standards.
Commenters should also explain why this regulation should incorporate
these voluntary consensus standards, in lieu of EPA's standards.
Emission test methods and performance specifications submitted for
evaluation should be accompanied with a basis for the recommendation,
including method validation data and the procedure used to validate the
candidate method (if method other than Method 301, 40 CFR part 63,
appendix A was used).
The EPA also conducted searches to identify voluntary consensus
standards for process monitoring and process operation. Candidate
voluntary consensus standards for process monitoring and process
operation were identified for: (1) MWC unit load level (steam output),
(2) designing, constructing, installing, calibrating, and using nozzles
and orifices, and (3) MWC plant operator certification requirements.
One consensus standard by the ASME was identified for use in these
proposed NSPS for measurement of MWC unit load level (steam output).
The EPA believes this standard is practical to use in these proposed
NSPS as the method to measure MWC unit load. The EPA takes comment on
the incorporation by reference of ``ASME Power Test Codes: Test Code
for Steam Generating Units, Power Test Code 4.1--1964 (R1991)'' in
these proposed NSPS.
A second consensus standard by ASME was identified for use in these
proposed NSPS for designing, constructing, installing, calibrating, and
using nozzles and orifices. The EPA believes this standard is practical
to use in these proposed NSPS for the design, construction,
installation, calibration, and use of nozzles and orifices. The EPA
takes comment on the incorporation by reference of ``American Society
of Mechanical Engineers Interim Supplement 19.5 on Instruments and
Apparatus: Application, Part II of Fluid Meters'', 6th edition (1971).
A third consensus standard by ASME (QRO-1-1994) was identified for
use in these proposed NSPS for MWC plant operator certification
requirements instead of developing new operator certification
procedures. The EPA believes this standard is practical to use in these
proposed NSPS that require a chief facility operator and shift
supervisor to successfully complete the operator certification
procedures developed by ASME.
Tables 3, 4, and 5 of these proposed NSPS list the EPA testing
methods and performance standards included in the proposed regulations.
Most of these standards have been used by States and industry for more
than 10 years. Nevertheless, under Sec. 60.8 of 40 CFR part 60, subpart
A, the proposal also allows any State or source to apply to EPA for
permission to use alternative methods in place of any of the EPA
testing methods or performance standards listed in Tables 3, 4, and 5.
D. Paperwork Reduction Act
The EPA submitted the information collection requirements in these
proposed NSPS to OMB for approval under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The EPA prepared an ICR document (ICR No. 1900.01)
and a copy may be obtained from Sandy Farmer by mail at the OP,
Regulatory Information Division, U.S. Environmental Protection Agency
(2137), 401 M Street SW, Washington, DC 20460, by e-mail at
``[email protected]'', or by calling (202) 260-2740. A copy
may also be downloaded from the Internet at: ``http://www.epa.gov/
icr''.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, OP Regulatory Information Division, U.S. Environmental
Protection Agency (2137), 401 M Street, SW, Washington,
[[Page 47282]]
DC 20460, and to the Office of Information and Regulatory Affairs, OMB,
725 17th Street, NW, Washington, DC 20503, marked ``Attention: Desk
Officer for EPA (ICR Tracking No. 1900.01)''. Include the ICR number in
any correspondence. Since OMB is required to make a decision concerning
the ICR between 30 and 60 days after August 30, 1999, a comment to OMB
is best assured of having its full effect if OMB receives it by
September 29, 1999. The final rule will respond to any OMB or public
comments on the information collection requirements contained in this
proposal.
The information would be used by the Agency to identify new,
modified, or reconstructed MWC units subject to these NSPS and to
ensure that these MWC units undergo a preconstruction impact analysis.
The information would also be used to ensure that the small MWC unit
requirements are implemented properly and are complied with on a
continuous basis. Records and reports are necessary to enable EPA to
identify small MWC units that may not be in compliance with these NSPS.
Based on reported information, EPA would decide which small MWC units
should be inspected and what records or processes should be inspected.
The records that owners and operators of small MWC units maintain would
indicate to EPA whether personnel are operating and maintaining control
equipment properly.
These NSPS are projected to affect six MWC units at three MWC
plants during the first 3 years immediately following promulgation. The
estimated average annual burden for industry for the first 3 years
after promulgation of these NSPS would be 8,559 person-hours annually
at a cost of $219,000 per year to meet the monitoring, recordkeeping,
and reporting requirements. The estimated average annualized burden for
the implementing agency would be 497 hours during the first 3 years at
a cost of $21,000 (including travel expenses).
Burden means total time, effort, or financial resources expended by
persons to generate, maintain, retain, disclose, or provide information
to or for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
E. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act
Section 605 of the RFA (5 U.S.C. 601 et seq.) requires Federal
agencies to give special consideration to the impact of regulations on
small entities, which are small businesses, small organizations, and
small governments. In 1996, the SBREFA amended the RFA to strengthen
the RFA's analytical and procedural requirements. The SBREFA also made
other changes to agency regulatory practice as it affects small
businesses and established a new mechanism to expedite congressional
review. The major purpose of these acts is to keep paperwork and
regulatory requirements from getting out of proportion to the scale of
the entities being regulated without compromising the objectives of the
Clean Air Act. If a regulation is likely to have a significant economic
impact on a substantial number of small entities, the EPA may give
special consideration to those small entities when analyzing regulatory
alternatives and drafting the regulation. Under these Acts, EPA must
generally prepare a regulatory flexibility analysis for a rule subject
to notice and comment rulemaking procedures unless the EPA certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
Pursuant to the provisions of 5 U.S.C. 605(b), the EPA certifies
that these NSPS proposed today will not have a significant economic
impact on a substantial number of small entities. The EPA projects that
five small MWC plants will begin operation over the next 5 years,
averaging one MWC plant per year (Docket No. A-98-18).
Impacts of this proposal are not significant for a substantial
number of small entities because few small entities use MWC units for
municipal solid waste disposal. The vast majority of small entities use
municipal solid waste landfills for disposal. A small entity
considering a new small MWC unit would have the opportunity to switch
to an alternative municipal solid waste disposal method, such as
municipal solid waste landfills, if the costs to comply with these NSPS
were considered prohibitive. Thus, the number of small entities that
would be significantly impacted by this proposal would not be
substantial.
For a summary of the actions that EPA took to involve small
entities in the development of these proposed NSPS, refer to the
discussion of the Unfunded Mandates Reform Act in section VI.F. of
these Administrative Requirements.
F. Unfunded Mandates Reform Act
Title II of the 1995 UMRA, Pub. L. 104-4, establishes requirements
for Federal agencies to assess the effects of their regulatory actions
on State, local, and tribal governments and the private sector. Under
section 202 of the UMRA, 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 by
State, local, and tribal governments, in the aggregate, or to the
private sector, of $100 million or more in any 1 year. Before
promulgating an EPA rule for which a written statement is needed,
section 205 of the UMRA generally requires EPA 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 allow EPA 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 EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that these proposed NSPS do not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The economic impact analysis for these
NSPS (Docket No. A-98-18) shows that the total annual costs of these
regulatory
[[Page 47283]]
requirements would be about $8.1 million annually (in 1997 dollars) in
the fifth year after promulgation. Thus, these proposed NSPS are not
subject to the requirements of sections 202 and 205 of the UMRA.
Although these NSPS are not subject to UMRA, EPA did prepare a cost-
benefit analysis under section 202 of the UMRA for the 1995 NSPS. For a
discussion of how EPA complied with the UMRA for the 1995 NSPS,
including extensive consultations with State and local governments, see
the preamble to the 1995 NSPS (60 FR 65405-65412, December 19, 1995).
Because today's proposed NSPS are functionally equivalent to the 1995
NSPS, no additional consultations were necessary.
G. Executive Order 12866--Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to OMB review and the requirements of this Executive
Order. The Executive Order defines ``significant'' regulatory action as
one that is likely to lead to 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 impact 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.
Pursuant to the terms of Executive Order 12866, EPA considers these
proposed NSPS to be ``not significant'' because these NSPS would not
have an annual effect on the economy of $100 million or more and do not
impose any additional control requirements above the 1995 NSPS. The
1995 NSPS were considered to be ``significant,'' and a full analysis
and review was conducted. However, these NSPS proposed today are
projected to have an impact of approximately $8.1 million annually in
the fifth year after promulgation of these NSPS (Docket No. A-98-18).
Therefore, these proposed NSPS are considered to be ``not significant''
under Executive Order 12866 and will not be submitted to OMB for
review.
H. Executive Order 12875--Enhancing the Intergovernmental Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local,
or tribal government unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments or EPA consults with those governments. If EPA complies by
consulting with those governments, Executive Order 12875 requires EPA
to provide to the OMB a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
The EPA has concluded that these NSPS may create a mandate on a
small number of city and county governments, and that the Federal
government would not provide the funds necessary to pay the direct
costs incurred by these city and county governments in complying with
the mandate. However, today's proposed NSPS do not impose any
additional costs or result in any additional control requirements above
those considered during promulgation of the 1995 NSPS. In developing
the 1995 NSPS, EPA consulted extensively with State and local
governments to enable them to provide meaningful and timely input in
the development of these NSPS. Because these proposed NSPS are the same
as the 1995 NSPS, these previous consultations still apply. For a
discussion of EPA's consultations with State and local governments, the
nature of the governments' concerns, and EPA's position supporting the
need to issue these NSPS, see the preamble to the 1995 NSPS (60 FR
65405-65413, December 19, 1995).
I. Executive Order 12898--Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 directs Federal agencies to ``determine
whether their programs, policies, and activities have
disproportionately high adverse human health or environmental effects
on minority populations and low-income populations'' (sections 3-301
and 3-302). In developing these NSPS for small MWC units, EPA analyzed
environmental justice issues that may be relevant to this proposal.
The EPA conducted an impact analysis to determine the distribution
of minority and low-income groups in the surrounding area where MWC
units are located in the United States. The EPA reviewed the
demographic characteristics presented in this impact analysis (Docket
No. A-90-45) and other analyses. The EPA concluded that there is no
significant difference in ethnic makeup or income level in counties
where MWC units are located when compared to the average ethnic and
income levels of the respective States in which the units are located.
It is expected that these trends would also apply to future siting of
small MWC units.
These proposed NSPS would require all new small MWC plants to use
the most stringent air pollution control technology currently available
for small MWC units. This upgrade in air pollution control technology
for new small MWC units would result in lowered air emissions (compared
to an absence of NSPS) from small MWC units, thereby improving human
health and the environment in areas where small MWC units are located.
Additionally, siting requirements for new small MWC units include two
public meetings, which would allow the public to comment on the siting
of any new small MWC unit before construction begins.
J. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency 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 considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks so that the
analysis required under section 5-501 of the
[[Page 47284]]
Executive Order has the potential to influence the regulation.
These NSPS are not subject to Executive Order 13045 because they
are not economically significant as defined in Executive Order 12866
and because they are based on technology performance and not on health
and safety risks. A children's risk analysis was not performed for
these NSPS because no alternative technologies exist that would provide
greater stringency at a reasonable cost. Therefore, the results of any
such analysis would have no impact on the stringency decision.
K. Executive Order 13084--Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments or EPA consults with those
governments. If EPA complies by consulting with those governments,
Executive Order 13084 requires EPA to provide to the OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
These NSPS do not significantly or uniquely affect the communities
of Indian tribal governments. The EPA is not aware of any existing or
planned small MWC units located in Indian territory. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
these NSPS.
L. Executive Memorandum on Plain Language in Government Writing
On June 1, 1998, President Clinton issued an Executive Memorandum
entitled ``Plain Language in Government Writing,'' which instructs
Federal agencies to use plain language in all proposed and final
rulemakings by January 1, 1999. Therefore, these proposed NSPS are
organized and written in a plain language format and style. This plain
language format and style do not alter the content or intent of this
proposal compared to the 1995 NSPS. The EPA considers this plain
language format and style to be more user friendly and understandable
to all audiences when compared with previous proposals that were not
written in plain language.
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control, Municipal waste
combustion.
Dated: August 6, 1999.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
60, of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7429, 7601,
and 7602.
2. Part 60 is amended by adding a new subpart AAAA to read as
follows:
Subpart AAAA--Standards of Performance for New Stationary Sources:
Small Municipal Waste Combustion Units
Sec.
Introduction
60.1000 What does this subpart do?
60.1005 When does this subpart become effective?
Applicability
60.1010 Does this subpart apply to my municipal waste combustion
unit?
60.1015 What is a new municipal waste combustion unit?
60.1020 Does this subpart allow any exemptions?
60.1025 Do subpart E new source performance standards also apply to
my municipal waste combustion unit?
60.1030 Can the Administrator delegate authority to enforce these
Federal standards to a State agency?
60.1035 How are the standards structured?
60.1040 Do all five components of the standards apply at the same
time?
60.1045 Are there different subcategories of small municipal waste
combustion units within this subpart?
Preconstruction Requirements: Materials Separation Plan
60.1050 Who must submit a materials separation plan?
60.1055 What is a materials separation plan?
60.1060 What steps must I complete for my materials separation
plan?
60.1065 What must I include in my draft materials separation plan?
60.1070 How do I make my draft materials separation plan available
to the public?
60.1075 When must I accept comments on the materials separation
plan?
60.1080 Where and when must I hold a public meeting on my draft
materials separation plan?
60.1085 What must I do with any public comments I receive during
the public comment period on my draft materials separation plan?
60.1090 What must I do with my revised materials separation plan?
60.1095 What must I include in the public meeting on my revised
materials separation plan?
60.1100 What must I do with any public comments I receive on my
revised materials separation plan?
60.1105 How do I submit my final materials separation plan?
Preconstruction Requirements: Siting Analysis
60.1110 Who must submit a siting analysis?
60.1115 What is a siting analysis?
60.1120 What steps must I complete for my siting analysis?
60.1125 What must I include in my siting analysis?
60.1130 How do I make my siting analysis available to the public?
60.1135 When must I accept comments on the siting analysis and
revised materials separation plan?
60.1140 Where and when must I hold a public meeting on the siting
analysis?
60.1145 What must I do with any public comments I receive during
the public comment period on my siting analysis?
60.1150 How do I submit my siting analysis?
Good Combustion Practices: Operator Training
60.1155 What types of training must I do?
60.1160 Who must complete the operator training course? By when?
60.1165 Who must complete the plant-specific training course?
60.1170 What plant-specific training must I provide?
60.1175 What information must I include in the plant-specific
operating manual?
60.1180 Where must I keep the plant-specific operating manual?
Good Combustion Practices: Operator Certification
60.1185 What types of operator certification must the chief
facility operator and shift supervisor obtain and by when must they
obtain it?
60.1190 After the required date for operator certification, who may
operate the municipal waste combustion unit?
60.1195 What if all the certified operators must be temporarily
offsite?
Good Combustion Practices: Operating Requirements
60.1200 What are the operating practice requirements for my
municipal waste combustion unit?
[[Page 47285]]
60.1205 What happens to the operating requirements during periods
of startup, shutdown, and malfunction?
Emission Limits
60.1210 What pollutants are regulated by this subpart?
60.1215 What emission limits must I meet? By when?
60.1220 What happens to the emission limits during periods of
startup, shutdown, and malfunction?
Continuous Emission Monitoring
60.1225 What types of continuous emission monitoring must I
perform?
60.1230 What continuous emission monitoring systems must I install
for gaseous pollutants?
60.1235 How are the data from the continuous emission monitoring
systems used?
60.1240 How do I make sure my continuous emission monitoring
systems are operating correctly?
60.1245 Am I exempt from any appendix B or appendix F requirements
to evaluate continuous emission monitoring systems?
60.1250 What is my schedule for evaluating continuous emission
monitoring systems?
60.1255 What must I do if I choose to monitor carbon dioxide
instead of oxygen as a diluent gas?
60.1260 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is this
requirement enforceable?
60.1265 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units for this standard?
60.1270 What is required for my continuous opacity monitoring
system and how are the data used?
60.1275 What additional requirements must I meet for the operation
of my continuous emission monitoring systems and continuous opacity
monitoring system?
60.1280 What must I do if my continuous emission monitoring system
is temporarily unavailable to meet the data collection requirements?
Stack Testing
60.1285 What types of stack tests must I conduct?
60.1290 How are the stack test data used?
60.1295 What schedule must I follow for the stack testing?
60.1300 What test methods must I use to stack test?
60.1305 May I conduct stack testing less often?
60.1310 May I deviate from the 12-month testing schedule if
unforeseen circumstances arise?
Other Monitoring Requirements
60.1315 Must I meet other requirements for continuous monitoring?
60.1320 How do I monitor the load of my municipal waste combustion
unit?
60.1325 How do I monitor the temperature of flue gases at the inlet
of my particulate matter control device?
60.1330 How do I monitor the injection rate of activated carbon?
60.1335 What is the minimum amount of monitoring data I must
collect with my continuous parameter monitoring systems and is this
requirement enforceable?
Recordkeeping
60.1340 What records must I keep?
60.1345 Where must I keep my records and for how long?
60.1350 What records must I keep for the materials separation plan
and siting analysis?
60.1355 What records must I keep for operator training and
certification?
60.1360 What records must I keep for stack tests?
60.1365 What records must I keep for continuously monitored
pollutants or parameters?
60.1370 What records must I keep for municipal waste combustion
units that use activated carbon?
Reporting
60.1375 What reports must I submit before I submit my notice of
construction?
60.1380 What must I include in my notice of construction?
60.1385 What reports must I submit after I submit my notice of
construction and in what form?
60.1390 What are the appropriate units of measurement for reporting
my data?
60.1395 When must I submit the initial report?
60.1400 What must I include in my initial report?
60.1405 When must I submit the annual report?
60.1410 What must I include in my annual report?
60.1415 What must I do if I am out of compliance with these
standards?
60.1420 If a semiannual report is required, when must I submit it?
60.1425 What must I include in the semiannual out-of-compliance
reports?
60.1430 Can reporting dates be changed?
Air Curtain Incinerators That Burn 100 Percent Yard Waste
60.1435 What is an air curtain incinerator?
60.1440 What is yard waste?
60.1445 What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?
60.1450 How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?
60.1455 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?
Equations
60.1460 What equations must I use?
Definitions
60.1465 What definitions must I know?
Tables
Table 1 of Subpart AAAA--Emission Limits for New Municipal Waste
Combustion Units
Table 2 of Subpart AAAA--Carbon Monoxide Emission Limits for New
Municipal Waste Combustion Units
Table 3 of Subpart AAAA--Requirements for Validating Continuous
Emission Monitoring Systems (CEMS)
Table 4 of Subpart AAAA--Requirements for Continuous Emission
Monitoring Systems (CEMS)
Table 5 of Subpart AAAA--Requirements for Stack Tests
Introduction
Sec. 60.1000 What does this subpart do?
This subpart establishes new source performance standards for new
small municipal waste combustion units.
Sec. 60.1005 When does this subpart become effective?
This subpart takes effect [the date 6 months after publication of
the final rule in the Federal Register]. Some of the requirements in
this subpart apply to municipal waste combustion unit planning and must
be completed before construction is commenced on the municipal waste
combustion unit. In particular, the preconstruction requirements in
Secs. 60.1050 through 60.1150 must be completed prior to commencing
construction. Other requirements (such as the emission limits) apply
when the municipal waste combustion unit begins operation.
Applicability
Sec. 60.1010 Does this subpart apply to my municipal waste combustion
unit?
Yes, if your municipal waste combustion unit meets two criteria:
(a) Your municipal waste combustion unit is a new municipal waste
combustion unit.
(b) Your municipal waste combustion unit has the capacity to
combust at least 35 tons per day but no more than 250 tons per day of
municipal solid waste or refuse-derived fuel.
Sec. 60.1015 What is a new municipal waste combustion unit?
(a) A new municipal waste combustion unit is a municipal waste
combustion unit that meets either of two criteria:
(1) Commenced construction after [date the final rule is published
in the Federal Register].
(2) Commenced reconstruction or modification at least 6 months
after [date the final rule is published].
(b) This subpart does not apply to your municipal waste combustion
unit if you make physical or operational changes to an existing
municipal waste
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combustion unit primarily to comply with the emission guidelines in
subpart BBBB of this part. Such changes do not qualify as
reconstruction or modification under this subpart.
Sec. 60.1020 Does this subpart allow any exemptions?
(a) Small municipal waste combustion units that combust less than
11 tons per day. You are exempt from this subpart if you meet four
requirements:
(1) Your municipal waste combustion unit is subject to a federally
enforceable operating permit limiting the amount of municipal solid
waste combusted to less than 11 tons per day.
(2) You notify the Administrator that the unit qualifies for this
exemption.
(3) You provide the Administrator with a copy of the federally
enforceable permit.
(4) You keep daily records of the amount of municipal solid waste
combusted.
(b) Small power production facilities. You are exempt from this
subpart if you meet four requirements:
(1) Your 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) Your unit combusts homogeneous waste (excluding refuse-derived
fuel) to produce electricity.
(3) You notify the Administrator that the unit qualifies for this
exemption.
(4) You provide the Administrator with documentation that the unit
qualifies for this exemption.
(c) Cogeneration facilities. You are exempt from this subpart if
you meet four requirements:
(1) Your unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) Your unit combusts homogeneous waste (excluding 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 qualifies for this
exemption.
(4) You provide the Administrator with documentation that the unit
qualifies for this exemption.
(d) Municipal waste combustion units that combust only tires. You
are exempt from this subpart if you meet three requirements:
(1) Your municipal waste combustion unit combusts a single-item
waste stream of tires and no other municipal waste (the unit can cofire
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
(2) You notify the Administrator that the unit qualifies for this
exemption.
(3) You provide the Administrator with documentation that the unit
qualifies for this exemption.
(e) Hazardous waste combustion units. You are exempt from this
subpart if you get a permit for your unit under section 3005 of the
Solid Waste Disposal Act.
(f) Materials recovery units. You are exempt from this subpart if
your unit combusts waste mainly to recover metals. Primary and
secondary smelters qualify for this exemption.
(g) Cofired combustors. You are exempt from this subpart if you
meet four requirements:
(1) Your unit has a federally enforceable permit limiting the
combustion of municipal solid waste to 30 percent of the total fuel
input by weight.
(2) You notify the Administrator that the unit qualifies for this
exemption.
(3) You provide the Administrator with a copy of the federally
enforceable permit.
(4) You record the weights, each quarter, of municipal solid waste
and of all other fuels combusted.
(h) Plastics/rubber recycling units. You are exempt from this
subpart if you meet four requirements:
(1) Your pyrolysis/combustion unit is an integrated part of a
plastics/rubber recycling unit as defined under ``Definitions''
(Sec. 60.1465).
(2) You record the weights, each quarter, of plastics, rubber, and
rubber tires processed.
(3) You record the weights, each quarter, of feed stocks produced
and marketed from chemical plants and petroleum refineries.
(4) You keep the name and address of the purchaser of these feed
stocks.
(i) Units that combust fuels made from products of plastics/rubber
recycling plants. You are exempt from this subpart if you meet two
requirements:
(1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils,
residual oil, refinery gas, petroleum coke, liquified petroleum gas,
propane, or butane produced by chemical plants or petroleum refineries
that use feedstocks produced by plastics/rubber recycling units.
(2) Your unit does not combust any other municipal solid waste.
(j) Cement kilns. You are exempt from this subpart if your cement
kiln combusts municipal solid waste.
(k) Air curtain incinerators. If your air curtain incinerator (see
Sec. 60.1465 for definition) combusts 100 percent yard waste, you must
only meet the requirements under ``Air Curtain Incinerators That Burn
100 Percent Yard Waste'' (Secs. 60.1435 through 60.1455).
Sec. 60.1025 Do subpart E new source performance standards also apply
to my municipal waste combustion unit?
If this subpart (subpart AAAA) applies to your municipal waste
combustion unit, then subpart E does not apply to your municipal waste
combustion unit.
Sec. 60.1030 Can the Administrator delegate authority to enforce these
Federal standards to a State agency?
Yes. The Administrator can delegate all authorities in all sections
of this subpart to the State for direct State enforcement.
Sec. 60.1035 How are the standards structured?
The standards contain five major components:
(a) Preconstruction requirements.
(1) Materials separation plan.
(2) Siting analysis.
(b) Good combustion practices.
(1) Operator training.
(2) Operator certification.
(3) Operating requirements.
(c) Emission limits.
(d) Monitoring and stack testing.
(e) Recordkeeping and reporting.
Sec. 60.1040 Do all five components of the standards apply at the same
time?
No. You must meet the preconstruction requirements before you
commence construction of the municipal waste combustion unit. After the
municipal waste combustion unit begins operation, you must meet all of
the good combustion practices, emission limits, monitoring, stack
testing, and most recordkeeping and reporting requirements.
Sec. 60.1045 Are there different subcategories of small municipal
waste combustion units within this subpart?
(a) Yes. This subpart subcategorizes small municipal waste
combustion units into two groups based on the aggregate capacity of the
municipal waste combustion plant and the type of municipal waste
combustion unit as follows:
(1) Class I Units. These are small municipal waste combustion units
that are located at municipal waste combustion plants with an aggregate
plant combustion capacity of more than 250 tons per day of municipal
solid waste. (See the definition of ``municipal waste combustion plant
capacity'' in Sec. 60.1465 for specification of which units at a plant
are included in the aggregate capacity calculation.)
(2) Class II Units. These are small municipal waste combustion
units that are located at municipal waste combustion plants with an
aggregate
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plant combustion capacity no more than 250 tons per day of municipal
solid waste. (See the definition of ``municipal waste combustion plant
capacity'' in Sec. 60.1465 for specification of which units at a plant
are included in the aggregate capacity calculation.)
(b) The requirements for Class I and Class II units are identical
except for two items:
(1) Class I units have a nitrogen oxide emission limit. Class II
units do not have a nitrogen oxide emission limit (see table 1 of this
subpart). Additionally, Class I units have continuous emission
monitoring, recordkeeping, and reporting requirements for nitrogen
oxides.
(2) Class II units are eligible for the reduced testing option
provided in Sec. 60.1305.
Preconstruction Requirements: Materials Separation Plan
Sec. 60.1050 Who must submit a materials separation plan?
(a) You must prepare a materials separation plan for your municipal
waste combustion unit if you plan to commence construction of a new
small municipal waste combustion unit after [the date of publication of
the final rule].
(b) If you commence construction of your municipal waste combustion
unit after August 30, 1999 but before [the publication date of the
final rule], you are not required to prepare the materials separation
plan specified in this subpart.
(c) You must prepare a materials separation plan if you are
required to submit an initial application for a construction permit,
under 40 CFR part 51, subpart I, or part 52, as applicable, for the
reconstruction or modification of your municipal waste combustion unit.
Sec. 60.1055 What is a materials separation plan?
The plan identifies a goal and an approach for separating certain
components of municipal solid waste for a given service area prior to
waste combustion and making them available for recycling.
Sec. 60.1060 What steps must I complete for my materials separation
plan?
(a) For your materials separation plan, you must complete nine
steps:
(1) Prepare a draft materials separation plan.
(2) Make your draft plan available to the public.
(3) Hold a public meeting on your draft plan.
(4) Prepare responses to public comments received during the public
comment period on your draft plan.
(5) Prepare a revised materials separation plan.
(6) Discuss the revised plan at the public meeting for review of
the siting analysis.
(7) Prepare responses to public comments received on your revised
plan.
(8) Prepare a final materials separation plan.
(9) Submit the final materials separation plan.
(b) You may use analyses conducted under the requirements of 40 CFR
part 51, subpart I, or part 52, to comply with some of the materials
separation requirements of this subpart.
Sec. 60.1065 What must I include in my draft materials separation
plan?
(a) You must prepare and submit a draft materials separation plan
for your municipal waste combustion unit and its service area.
(b) Your draft materials separation plan must identify a goal and
an approach for separating certain components of municipal solid waste
for a given service area prior to waste combustion and making them
available for recycling. A materials separation plan may include such
elements as dropoff facilities, buy-back or deposit-return incentives,
programs for curbside pickup, and centralized systems for mechanical
separation.
(c) Your materials separation plan may include different goals or
approaches for different subareas in the service area.
(d) Your materials separation plan may exclude materials separation
activities for certain subareas or, if warranted, the entire service
area.
Sec. 60.1070 How do I make my draft materials separation plan
available to the public?
(a) Distribute your draft materials separation plan to the main
public libraries in the area where you will construct the municipal
waste combustion unit.
(b) Publish a notice of a public meeting in the main newspapers
that serve these two areas:
(1) The area where you will construct the municipal waste
combustion unit.
(2) The areas where the waste that your municipal waste combustion
unit combusts will be collected.
(c) Include six items in your notice of the public meeting:
(1) The date of the public meeting.
(2) The time of the public meeting.
(3) The location of the public meeting.
(4) The location of the public libraries where the public can find
your materials separation plan. Include the normal business hours of
each library.
(5) An agenda of the topics that will be discussed at the public
meeting.
(6) The beginning and ending dates of the public comment period on
your draft materials separation plan.
Sec. 60.1075 When must I accept comments on the materials separation
plan?
(a) You must accept verbal comments at the public meeting.
(b) You must accept written comments anytime during the period that
begins on the date the document is distributed to the main public
libraries and ends 30 days after the date of the public meeting.
Sec. 60.1080 Where and when must I hold a public meeting on my draft
materials separation plan?
(a) You must hold a public meeting and accept comments on your
draft materials separation plan.
(b) You must hold the public meeting in the county where you will
construct the municipal waste combustion unit.
(c) You must schedule the public meeting to occur at least 30 days
after you make your draft materials separation plan available to the
public.
(d) You may combine this public meeting with any other public
meeting required as part of any other Federal, State, or local permit
review. However, you may not combine it with the public meeting
required for the siting analysis under ``Preconstruction Requirements:
Siting Analysis'' (Sec. 60.1140).
(e) You are encouraged to address eight topics at the public
meeting for your draft materials separation plan:
(1) Expected size of the service area for your municipal waste
combustion unit.
(2) Amount of waste you will collect in the service area.
(3) Types and estimated amounts of materials proposed for
separation.
(4) Methods proposed for materials separation.
(5) Amount of residual waste for disposal.
(6) Alternate disposal methods for handling the residual waste.
(7) Where your responses to public comments on the draft materials
separation plan will be available for inspection.
(8) Where your revised materials separation plan will be available
for inspection.
(f) You must prepare a transcript of the public meeting on your
draft materials separation plan.
Sec. 60.1085 What must I do with any public comments I receive during
the public comment period on my draft materials separation plan?
You must do three steps:
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(a) Prepare written responses to any public comments you received
during the public comment period. Summarize these responses to public
comments in a document that is separate from your revised materials
separation plan.
(b) Make the comment response document available to the public in
the service area where you will construct your municipal waste
combustion unit. You must distribute the document at least to the main
public libraries used to announce the public meeting.
(c) Prepare a revised materials separation plan for the municipal
waste combustion unit that includes, as appropriate, changes made in
response to any public comments you received during the public comment
period.
Sec. 60.1090 What must I do with my revised materials separation plan?
You must do two tasks:
(a) As specified under ``Reporting'' (Sec. 60.1375), submit five
items to the Administrator by the date you submit the application for a
construction permit under 40 CFR part 51, subpart I, or part 52. (If
you are not required to submit an application for a construction permit
under 40 CFR part 51, subpart I, or part 52, submit five items to the
Administrator by the date of your notice of construction under
Sec. 60.1380):
(1) Your draft materials separation plan.
(2) Your revised materials separation plan.
(3) Your notice of the public meeting for your draft materials
separation plan.
(4) A transcript of the public meeting on your draft materials
separation plan.
(5) The document that summarizes your responses to the public
comments you received during the public comment period on your draft
materials separation plan.
(b) Make your revised materials separation plan available to the
public as part of the siting analysis procedures under
``Preconstruction Requirements: Siting Analysis'' (Sec. 60.1130).
Sec. 60.1095 What must I include in the public meeting on my revised
materials separation plan?
As part of the public meeting for review of the siting analysis, as
specified under ``Preconstruction Requirements: Siting Analysis''
(Sec. 60.1140), you must discuss two areas:
(a) Differences between your revised materials separation plan and
your draft materials separation plan discussed at the first public
meeting (Sec. 60.1080).
(b) Questions about your revised materials separation plan.
Sec. 60.1100 What must I do with any public comments I receive on my
revised materials separation plan?
(a) Prepare written responses to any public comments and include
them in the document that summarizes your responses to public comments
on the siting analysis.
(b) Prepare a final materials separation plan that includes, as
appropriate, changes made in response to any public comments you
received on your revised materials separation plan.
Sec. 60.1105 How do I submit my final materials separation plan?
As specified under ``Reporting'' (Sec. 60.1380), submit your final
materials separation plan to the Administrator as part of the notice of
construction for the municipal waste combustion unit.
Preconstruction Requirements: Siting Analysis
Sec. 60.1110 Who must submit a siting analysis?
(a) You must prepare a siting analysis if you plan to commence
construction of a small municipal waste combustion unit after [the date
of publication of the final rule].
(b) If you commence construction on your municipal waste combustion
unit after August 30, 1999, but before [the date of publication of the
final rule], you are not required to prepare the siting analysis
specified in this subpart.
(c) You must prepare a siting analysis if you are required to
submit an initial application for a construction permit, under 40 CFR
part 51, subpart I, or part 52, as applicable, for the reconstruction
or modification of your municipal waste combustion unit.
Sec. 60.1115 What is a siting analysis?
The siting analysis addresses how your municipal waste combustion
unit affects ambient air quality, visibility, soils, vegetation, and
other relevant factors. This analysis can be used to determine whether
the benefits of your proposed facility significantly outweigh the
environmental and social costs resulting from its location and
construction. This analysis must also consider other major industrial
facilities near the proposed site.
Sec. 60.1120 What steps must I complete for my siting analysis?
(a) For your siting analysis, you must complete five steps:
(1) Prepare an analysis.
(2) Make your analysis available to the public.
(3) Hold a public meeting on your analysis.
(4) Prepare responses to public comments received on your analysis.
(5) Submit your analysis.
(b) You may use analyses conducted under the requirements of 40 CFR
part 51, subpart I, or part 52, to comply with some of the siting
analysis requirements of this subpart.
Sec. 60.1125 What must I include in my siting analysis?
(a) Include an analysis of how your municipal waste combustion unit
affects these four areas:
(1) Ambient air quality.
(2) Visibility.
(3) Soils.
(4) Vegetation.
(b) Include an analysis of alternatives for controlling air
pollution that minimize potential risks to the public health and the
environment.
Sec. 60.1130 How do I make my siting analysis available to the public?
(a) Distribute your siting analysis and revised materials
separation plan to the main public libraries in the area where you will
construct your municipal waste combustion unit.
(b) Publish a notice of a public meeting in the main newspapers
that serve these two areas:
(1) The area where you will construct your municipal waste
combustion unit.
(2) The areas where the waste that your municipal waste combustion
unit combusts will be collected.
(c) Include six items in your notice of the public meeting:
(1) The date of the public meeting.
(2) The time of the public meeting.
(3) The location of the public meeting.
(4) The location of the public libraries where the public can find
your siting analysis and revised materials separation plan. Include the
normal business hours of each library.
(5) An agenda of the topics that will be discussed at the public
meeting.
(6) The beginning and ending dates of the public comment period on
your siting analysis and revised materials separation plan.
Sec. 60.1135 When must I accept comments on the siting analysis and
revised materials separation plan?
(a) You must accept verbal comments at the public meeting.
(b) You must accept written comments anytime during the period that
begins on the date the document is distributed to the main public
libraries and ends 30 days after the date of the public meeting.
Sec. 60.1140 Where and when must I hold a public meeting on the siting
analysis?
(a) You must hold a public meeting to discuss and accept comments
on your siting analysis and your revised materials separation plan.
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(b) You must hold the public meeting in the county where you will
construct your municipal waste combustion unit.
(c) You must schedule the public meeting to occur at least 30 days
after you make your siting analysis and revised materials separation
available to the public.
(d) You must prepare a transcript of the public meeting on your
siting analysis.
Sec. 60.1145 What must I do with any public comments I receive during
the public comment period on my siting analysis?
You must do three things:
(a) Prepare written responses to any public comments on your siting
analysis and the revised materials separation plan you received during
the public comment period. Summarize these responses to public comments
in a document that is separate from your materials separation plan and
siting analysis.
(b) Make the comment response document available to the public in
the service area where you will construct your municipal waste
combustion unit. You must distribute the document at least to the main
public libraries used to announce the public meeting for the siting
analysis.
(c) Prepare a revised siting analysis for the municipal waste
combustion unit that includes, as appropriate, changes made in response
to any public comments you received during the public comment period.
Sec. 60.1150 How do I submit my siting analysis?
As specified under ``Reporting'' (Sec. 60.1380), submit four items
as part of the notice of construction:
(a) Your siting analysis.
(b) Your notice of the public meeting on your siting analysis.
(c) A transcript of the public meeting on your siting analysis.
(d) The document that summarizes your responses to the public
comments you received during the public comment period.
Good Combustion Practices: Operator Training
Sec. 60.1155 What types of training must I do?
There are two types of required training:
(a) Training of operators of municipal waste combustion units using
the EPA or a State-approved training course.
(b) Training of plant personnel using a plant-specific training
course.
Sec. 60.1160 Who must complete the operator training course? By when?
(a) Three types of employees must complete the EPA or State-
approved operator training course:
(1) Chief facility operators.
(2) Shift supervisors.
(3) Control room operators.
(b) These employees must complete the operator training course by
the later of three dates:
(1) Six months after your municipal waste combustion unit starts
up.
(2) One year after [date of publication of the final rule].
(3) The date before an employee assumes responsibilities that
affect operation of the municipal waste combustion unit.
Sec. 60.1165 Who must complete the plant-specific training course?
All employees with responsibilities that affect how a municipal
waste combustion unit operates must complete the plant-specific
training course. Include at least six types of employees:
(a) Chief facility operators.
(b) Shift supervisors.
(c) Control room operators.
(d) Ash handlers.
(e) Maintenance personnel.
(f) Crane or load handlers.
Sec. 60.1170 What plant-specific training must I provide?
For plant-specific training, you must do four things:
(a) For training at a particular plant, develop a specific
operating manual for that plant by the later of two dates:
(1) Six months after your municipal waste combustion unit starts
up.
(2) One year after [date of publication of the final rule].
(b) Establish a program to review the plant-specific operating
manual with people whose responsibilities affect the operation of your
municipal waste combustion unit. Complete the initial review by the
later of three dates:
(1) Six months after your municipal waste combustion unit starts
up.
(2) One year after [date of publication of the final rule].
(3) The date before an employee assumes responsibilities that
affect operation of the municipal waste combustion unit.
(c) Update your manual annually.
(d) Review your manual with staff annually.
Sec. 60.1175 What information must I include in the plant-specific
operating manual?
You must include 11 items in the operating manual for your plant:
(a) A summary of all applicable standards in this subpart.
(b) A description of the basic combustion principles that apply to
municipal waste combustion units.
(c) Procedures for receiving, handling, and feeding municipal solid
waste.
(d) Procedures to be followed during periods of startup, shutdown,
and malfunction of the municipal waste combustion unit.
(e) Procedures for maintaining a proper level of combustion air
supply.
(f) Procedures for operating the municipal waste combustion unit
within the standards contained in this subpart.
(g) Procedures for responding to periodic upset or off-
specification conditions.
(h) Procedures for minimizing carryover of particulate matter.
(i) Procedures for handling ash.
(j) Procedures for monitoring emissions from the municipal waste
combustion unit.
(k) Procedures for recordkeeping and reporting.
Sec. 60.1180 Where must I keep the plant-specific operating manual?
You must keep your operating manual in an easily accessible
location at your plant. It must be available for review or inspection
by all employees who must review it and by the Administrator.
Good Combustion Practices: Operator Certification
Sec. 60.1185 What types of operator certification must the chief
facility operator and shift supervisor obtain and by when must they
obtain it?
(a) Each chief facility operator and shift supervisor must obtain
and keep a current provisional operator certification from the American
Society of Mechanical Engineers (QRO-1-1994 (incorporated by reference
in Sec. 60.17 of subpart A of this part)) or a current provisional
operator certification from your State certification program.
(b) Each chief facility operator and shift supervisor must obtain a
provisional certification by the later of three dates:
(1) Six months after the municipal waste combustion unit starts up.
(2) One year after [date of publication of the final rule].
(3) Six months after they transfer to the municipal waste
combustion unit or 6 months after they are hired to work at the
municipal waste combustion unit.
(c) Each chief facility operator and shift supervisor must take one
of three actions:
(1) Obtain a full certification from the American Society of
Mechanical Engineers or a State certification program in your State.
[[Page 47290]]
(2) Schedule a full certification exam with the American Society of
Mechanical Engineers (QRO-1-1994 (incorporated by reference in
Sec. 60.17 of subpart A of this part)).
(3) Schedule a full certification exam with your State
certification program.
(d) The chief facility operator and shift supervisor must obtain
the full certification or be scheduled to take the certification exam
by the later of three dates:
(1) Six months after the municipal waste combustion unit starts up.
(2) One year after [date of publication of the final rule].
(3) Six months after they transfer to the municipal waste
combustion unit or 6 months after they are hired to work at the
municipal waste combustion unit.
Sec. 60.1190 After the required date for operator certification, who
may operate the municipal waste combustion unit?
After the required date for full or provisional certifications, you
must not operate your municipal waste combustion unit unless one of
four employees is on duty:
(a) A fully certified chief facility operator.
(b) A provisionally certified chief facility operator who is
scheduled to take the full certification exam.
(c) A fully certified shift supervisor.
(d) A provisionally certified shift supervisor who is scheduled to
take the full certification exam.
Sec. 60.1195 What if all the certified operators must be temporarily
offsite?
If the certified chief facility operator and certified shift
supervisor both must leave your municipal waste combustion unit, a
provisionally certified control room operator at the municipal waste
combustion unit may fulfill the certified operator requirement.
Depending on the length of time that a certified chief facility
operator and certified shift supervisor are away, you must meet one of
three criteria:
(a) When the certified chief facility operator and certified shift
supervisor are both offsite for less than 8 hours, and no other
certified operator is onsite, the provisionally certified control room
operator may perform those duties without notice to, or approval by,
the Administrator.
(b) When the certified chief facility operator and certified shift
supervisor are offsite for more than 8 hours, but less than 2 weeks,
and no other certified operator is onsite, the provisionally certified
control room operator may perform those duties without notice to, or
approval by, the Administrator. However, you must record the period
when the certified chief facility operator and certified shift
supervisor are offsite and include this information in the annual
report as specified under Sec. 60.1410(l).
(c) When the certified chief facility operator and certified shift
supervisor are offsite for more than 2 weeks, and no other certified
operator is onsite, the provisionally certified control room operator
may perform those duties without notice to, or approval by, the
Administrator. However, you must take two actions:
(1) Notify the Administrator in writing. In the notice, state what
caused the absence and what you are doing to ensure that a certified
chief facility operator or certified shift supervisor is onsite.
(2) Submit a status report and corrective action summary to the
Administrator every 4 weeks following the initial notification. If the
Administrator notifies you that your status report or corrective action
summary is disapproved, the municipal waste combustion unit may
continue operation for 90 days, but then must cease operation. If
corrective actions are taken in the 90-day period such that the
Administrator withdraws the disapproval, municipal waste combustion
unit operation may continue.
Good Combustion Practices: Operating Requirements
Sec. 60.1200 What are the operating practice requirements for my
municipal waste combustion unit?
(a) You must not operate your municipal waste combustion unit at
loads greater than 110 percent of the maximum demonstrated unit load of
the municipal waste combustion unit (4-hour block average), as
specified under ``Definitions'' (Sec. 60.1465).
(b) You must not operate your municipal waste combustion unit so
that the temperature at the inlet of the particulate matter control
device exceeds 17 deg.C above the maximum demonstrated temperature of
the particulate matter control device (4-hour block average), as
specified under ``Definitions'' (Sec. 60.1465).
(c) If your municipal waste combustion unit uses activated carbon
to control dioxin/furan or mercury emissions, you must maintain an 8-
hour block average carbon feed rate at or above the highest average
level established during the most recent dioxin/furan or mercury test.
(d) If your municipal waste combustion unit uses activated carbon
to control dioxin/furan or mercury emissions, you must evaluate total
carbon usage for each calendar quarter. The total amount of carbon
purchased and delivered to your municipal waste combustion plant must
be at or above the required quarterly usage of carbon. At your option,
you may choose to evaluate required quarterly carbon usage on a
municipal waste combustion unit basis for each individual municipal
waste combustion unit at your plant. Calculate the required quarterly
usage of carbon using the appropriate equation in Sec. 60.1460(f).
(e) Your municipal waste combustion unit is exempt from limits on
load level, temperature at the inlet of the particulate matter control
device, and carbon feed rate during any of five situations:
(1) During your annual tests for dioxins/furans.
(2) During your annual mercury tests (for carbon feed rate
requirements only).
(3) During the 2 weeks preceding your annual tests for dioxins/
furans.
(4) During the 2 weeks preceding your annual mercury tests (for
carbon feed rate requirements only).
(5) Whenever the Administrator or delegated State authority permits
you to do any of five activities:
(i) Evaluate system performance.
(ii) Test new technology or control technologies.
(iii) Perform diagnostic testing.
(iv) Perform other activities to improve the performance of your
municipal waste combustion unit.
(v) Perform other activities to advance the state of the art for
emission controls for your municipal waste combustion unit.
Sec. 60.1205 What happens to the operating requirements during periods
of startup, shutdown, and malfunction?
(a) The operating requirements of this subpart apply at all times
except during periods of municipal waste combustion unit startup,
shutdown, or malfunction.
(b) Each startup, shutdown, or malfunction must not last for longer
than 3 hours.
Emission Limits
Sec. 60.1210 What pollutants are regulated by this subpart?
Eleven pollutants, in four groupings, are regulated:
(a) Organics. Dioxins/furans.
(b) Metals.
(1) Cadmium.
(2) Lead.
(3) Mercury.
(4) Opacity.
(5) Particulate matter.
(c) Acid gases.
(1) Hydrogen chloride.
(2) Nitrogen oxides.
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(3) Sulfur dioxide.
(d) Other.
(1) Carbon monoxide.
(2) Fugitive ash.
Sec. 60.1215 What emission limits must I meet? By when?
You must meet the emission limits specified in tables 1 and 2 of
this subpart. You must meet these limits 60 days after your municipal
waste combustion unit reaches the maximum load level but no later than
180 days after its initial startup.
Sec. 60.1220 What happens to the emission limits during periods of
startup, shutdown, and malfunction?
(a) The emission limits of this subpart apply at all times except
during periods of municipal waste combustion unit startup, shutdown, or
malfunction.
(b) Each startup, shutdown, or malfunction must not last for longer
than 3 hours.
Continuous Emission Monitoring
Sec. 60.1225 What types of continuous emission monitoring must I
perform?
To continuously monitor emissions, you must perform four tasks:
(a) Install continuous emission monitoring systems for certain
gaseous pollutants.
(b) Make sure your continuous emission monitoring systems are
operating correctly.
(c) Make sure you obtain the minimum amount of monitoring data.
(d) Install a continuous opacity monitoring system.
Sec. 60.1230 What continuous emission monitoring systems must I
install for gaseous pollutants?
(a) You must install, calibrate, maintain, and operate continuous
emission monitoring systems for oxygen (or carbon dioxide), sulfur
dioxide, and carbon monoxide. If you operate a Class I municipal waste
combustion unit, also install, calibrate, maintain, and operate a
continuous emission monitoring system for nitrogen oxides. Install the
continuous emission monitoring system for sulfur dioxide and nitrogen
oxides at the outlet of the air pollution control device.
(b) You must install, evaluate, and operate each continuous
emission monitoring system according to the ``Monitoring Requirements''
in Sec. 60.13 of subpart A of this part.
(c) You must monitor the oxygen (or carbon dioxide) concentration
at each location where you monitor sulfur dioxide and carbon monoxide.
Additionally, if you operate a Class I municipal waste combustion unit,
you must also monitor the oxygen (or carbon dioxide) concentration at
the location where you monitor nitrogen oxides.
(d) You may choose to monitor carbon dioxide instead of oxygen as a
diluent gas. If you choose to monitor carbon dioxide, then an oxygen
monitor is not required, and you must follow the requirements in
Sec. 60.1255.
(e) If you choose to demonstrate compliance by monitoring the
percent reduction of sulfur dioxide, you must also install a continuous
emission monitoring system for sulfur dioxide and oxygen (or carbon
dioxide) at the inlet of the air pollution control device.
Sec. 60.1235 How are the data from the continuous emission monitoring
systems used?
You must use data from the continuous emission monitoring systems
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate
continuous compliance with the emission limits specified in tables 1
and 2 of this subpart. To demonstrate compliance for dioxins/furans,
cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride,
and fugitive ash, see Sec. 60.1290.
Sec. 60.1240 How do I make sure my continuous emission monitoring
systems are operating correctly?
(a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure oxygen (or
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal
waste combustion units only), and carbon monoxide.
(b) Complete your initial evaluation of the continuous emission
monitoring systems within 60 days after your municipal waste combustion
unit reaches the maximum load level at which it will operate, but no
later than 180 days after its initial startup.
(c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide)
continuous emission monitoring system, your sulfur dioxide, nitrogen
oxides, or carbon monoxide continuous emission monitoring systems, as
appropriate, and the appropriate test methods specified in table 3 of
this subpart. Collect these data during each initial and annual
evaluation of your continuous emission monitoring systems following the
applicable performance specifications in appendix B of this part. Table
4 of this subpart shows the performance specifications that apply to
each continuous emission monitoring system.
(d) Follow the quality assurance procedures in Procedure 1 of
appendix F of this part for each continuous emission monitoring system.
These procedures include daily calibration drift and quarterly accuracy
determinations.
Sec. 60.1245 Am I exempt from any appendix B or appendix F
requirements to evaluate continuous emission monitoring systems?
Yes, the accuracy tests for your sulfur dioxide continuous emission
monitoring system require you to also evaluate your oxygen (or carbon
dioxide) continuous emission monitoring system. Therefore, your oxygen
(or carbon dioxide) continuous emission monitoring system is exempt
from two requirements:
(a) Section 2.3 of performance specification 3 in appendix B of
this part (relative accuracy requirement).
(b) Section 5.1.1 of appendix F of this part (relative accuracy
test audit).
Sec. 60.1250 What is my schedule for evaluating continuous emission
monitoring systems?
(a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 12 months after the previous evaluation
was conducted.
(b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of this part.
Sec. 60.1255 What must I do if I choose to monitor carbon dioxide
instead of oxygen as a diluent gas?
You must establish the relationship between oxygen and carbon
dioxide during the initial evaluation of your continuous emission
monitoring system. You may reestablish the relationship during annual
evaluations. To establish the relationship use three procedures:
(a) Use EPA Reference Method 3 or 3A to determine oxygen
concentration at the location of your carbon dioxide monitor.
(b) Conduct at least three test runs for oxygen. Make sure each
test run represents a 1-hour average and that sampling continues for at
least 30 minutes in each hour.
(c) Use the fuel-factor equation in EPA Reference Method 3B to
determine the relationship between oxygen and carbon dioxide.
Sec. 60.1260 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is this
requirement enforceable?
(a) Where continuous emission monitoring systems are required,
obtain 1-hour arithmetic averages. Make sure the averages for sulfur
dioxide, nitrogen oxides, and carbon monoxide are in parts per million
by dry volume at 7 percent oxygen (or the equivalent carbon dioxide
level). Use the 1-hour
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averages of oxygen (or carbon dioxide) data from your continuous
emission monitoring system to determine the actual oxygen (or carbon
dioxide) level and to calculate emissions at 7 percent oxygen (or the
equivalent carbon dioxide level).
(b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average. Section 60.13(e)(2) of subpart A of
this part requires your continuous emission monitoring systems to
complete at least one cycle of operation (sampling, analyzing, and data
recording) for each 15-minute period.
(c) Obtain valid 1-hour averages for 75 percent of the operating
hours per day and for 90 percent of the operating days per calendar
quarter. An operating day is any day the unit combusts any municipal
solid waste or refuse-derived fuel.
(d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you are in violation of this data
collection requirement regardless of the emission level monitored, and
you must notify the Administrator according to Sec. 60.1410(e).
(e) If you do not obtain the minimum data required in paragraphs
(a) and (c) of this section, you must still use all valid data from the
continuous emission monitoring systems in calculating emission
concentrations and percent reductions in accordance with Sec. 60.1265.
Sec. 60.1265 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units for this standard?
(a) Use the equation in Sec. 60.1460(a) to calculate emissions at 7
percent oxygen.
(b) Use EPA Reference Method 19, section 4.3, to calculate the
daily geometric average concentrations of sulfur dioxide emissions. If
you are monitoring the percent reduction of sulfur dioxide, use EPA
Reference Method 19, section 5.4, to determine the daily geometric
average percent reduction of potential sulfur dioxide emissions.
(c) If you operate a Class I municipal waste combustion unit, use
EPA Reference Method 19, section 4.1, to calculate the daily arithmetic
average for concentrations of nitrogen oxides.
(d) Use EPA Reference Method 19, section 4.1, to calculate the 4-
hour or 24-hour daily block averages (as applicable) for concentrations
of carbon monoxide.
Sec. 60.1270 What is required for my continuous opacity monitoring
system and how are the data used?
(a) Install, calibrate, maintain, and operate a continuous opacity
monitoring system.
(b) Install, evaluate, and operate each continuous opacity
monitoring system according to Sec. 60.13 of subpart A of this part.
(c) Complete an initial evaluation of your continuous opacity
monitoring system according to performance specification 1 in appendix
B of this part. Complete this evaluation within 60 days after your
municipal waste combustion unit reaches the maximum load level at which
it will operate, but no more than 180 days after its initial startup.
(d) Complete each annual evaluation of your continuous opacity
monitoring system no more than 12 months after the previous evaluation.
(e) Use tests conducted according to EPA Reference Method 9, as
specified in Sec. 60.1300, to determine compliance with the emission
limit for opacity in table 1 of this subpart. The data obtained from
your continuous opacity monitoring system are not used to determine
compliance with the limit on opacity emissions.
Sec. 60.1275 What additional requirements must I meet for the
operation of my continuous emission monitoring systems and continuous
opacity monitoring system?
Use the required span values and applicable performance
specifications in table 4 of this subpart.
Sec. 60.1280 What must I do if my continuous emission monitoring
system is temporarily unavailable to meet the data collection
requirements?
Refer to table 5 of this subpart. It shows alternate methods for
collecting data when these systems malfunction or when repairs,
calibration checks, or zero and span checks keep you from collecting
the minimum amount of data.
Stack Testing
Sec. 60.1285 What types of stack tests must I conduct?
Conduct initial and annual stack tests to measure the emission
levels of dioxins/furans, cadmium, lead, mercury, particulate matter,
opacity, hydrogen chloride, and fugitive ash.
Sec. 60.1290 How are the stack test data used?
You must use results of stack tests for dioxins/furans, cadmium,
lead, mercury, particulate matter, opacity, hydrogen chloride, and
fugitive ash to demonstrate compliance with the emission limits in
table 1 of this subpart. To demonstrate compliance for carbon monoxide,
nitrogen oxides, and sulfur dioxide, see Sec. 60.1235.
Sec. 60.1295 What schedule must I follow for the stack testing?
(a) Conduct initial stack tests for the pollutants listed in
Sec. 60.1285 within 60 days after your municipal waste combustion unit
reaches the maximum load level at which it will operate, but no later
than 180 days after its initial startup.
(b) Conduct annual stack tests for these pollutants after the
initial stack test. Conduct each annual stack test within 12 months
after the previous stack test.
Sec. 60.1300 What test methods must I use to stack test?
(a) Follow table 5 of this subpart to establish the sampling
location and to determine pollutant concentrations, number of traverse
points, individual test methods, and other specific testing
requirements for the different pollutants.
(b) Make sure that stack tests for all these pollutants consist of
at least three test runs, as specified in Sec. 60.8 (Performance Tests)
of subpart A of this part. Use the average of the pollutant emission
concentrations from the three test runs to determine compliance with
the emission limits in table 1 of this subpart.
(c) Obtain an oxygen (or carbon dioxide) measurement at the same
time as your pollutant measurements to determine diluent gas levels, as
specified in Sec. 60.1230.
(d) Use the equations in Sec. 60.1460(a) to calculate emission
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the
percent reduction in potential hydrogen chloride emissions, and the
reduction efficiency for mercury emissions. See the individual test
methods in table 5 of this subpart for other required equations.
Sec. 60.1305 May I conduct stack testing less often?
(a) You may test less often if you own or operate a Class II
municipal waste combustion unit and if all stack tests for a given
pollutant over 3 consecutive years show you comply with the emission
limit. In this case, you are not required to conduct a stack test for
that pollutant for the next 2 years. However, you must conduct another
stack test within 36 months of the anniversary date of the third
consecutive stack test that shows you comply with the emission limit.
Thereafter, you must perform stack tests every third year but no later
than 36 months following the
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previous stack tests. If a stack test shows noncompliance with an
emission limit, you must conduct annual stack tests for that pollutant
until all stack tests over a 3-year period show compliance.
(b) You can test less often if you own or operate a municipal waste
combustion plant that meets two conditions. First, you have multiple
municipal waste combustion units onsite that are subject to this
subpart. Second, all these municipal waste combustion units have
demonstrated levels of dioxin/furan emissions no more than 7 nanograms
per dry standard cubic meter (total mass) for 2 consecutive years. In
this case, you may choose to conduct annual stack tests on only one
municipal waste combustion unit per year at your plant.
(1) Conduct the stack test no more than 12 months following a stack
test on any municipal waste combustion unit subject to this subpart at
your plant. Each year, test a different municipal waste combustion unit
subject to this subpart and test all municipal waste combustion units
subject to this subpart in a sequence that you determine. Once you
determine a testing sequence, it must not be changed without approval
by the Administrator.
(2) If each annual stack test shows levels of dioxin/furan
emissions less than 7 nanograms per dry standard cubic meter (total
mass), you may continue stack tests on only one municipal waste
combustion unit subject to this subpart per year.
(3) If any annual stack test indicates levels of dioxin/furan
emissions greater than 7 nanograms per dry standard cubic meter (total
mass), conduct subsequent annual stack tests on all municipal waste
combustion units subject to this subpart at your plant. You may return
to testing one municipal waste combustion unit subject to this subpart
per year if you can demonstrate dioxin/furan emission levels less than
7 nanograms per dry standard cubic meter (total mass) for all municipal
waste combustion units at your plant subject to this subpart for 2
consecutive years.
Sec. 60.1310 May I deviate from the 12-month testing schedule if
unforeseen circumstances arise?
You may not deviate from the 12-month testing schedules specified
in Secs. 60.1295(b) and 60.1305(b)(1) unless you apply to the
Administrator for an alternative schedule, and the Administrator
approves your request for alternative scheduling prior to the date on
which you would otherwise have been required to conduct the next stack
test.
Other Monitoring Requirements
Sec. 60.1315 Must I meet other requirements for continuous monitoring?
You must also monitor three operating parameters:
(a) Load level of each municipal waste combustion unit.
(b) Temperature of flue gases at the inlet of your particulate
matter air pollution control device.
(c) Carbon feed rate if activated carbon is used to control dioxin/
furan or mercury emissions.
Sec. 60.1320 How do I monitor the load of my municipal waste
combustion unit?
(a) If your municipal waste combustion unit generates steam, you
must install, calibrate, maintain, and operate a steam flowmeter or a
feed water flowmeter and meet five requirements:
(1) Continuously measure and record the measurements of steam (or
feed water) in kilograms per hour (or pounds per hour).
(2) Calculate your steam (or feed water) flow in 4-hour block
averages.
(3) Calculate the steam (or feed water) flow rate using the method
in ``American Society of Mechanical Engineers Power Test Codes: Test
Code for Steam Generating Units, Power Test Code 4.1--1964 (R1991),''
section 4 (incorporated by reference in Sec. 60.17 of subpart A of this
part).
(4) Design, construct, install, calibrate, and use nozzles or
orifices for flow rate measurements, using the recommendations in
``American Society of Mechanical Engineers Interim Supplement 19.5 on
Instruments and Apparatus: Application, Part II of Fluid Meters,'' 6th
Edition (1971), chapter 4 (incorporated by reference in Sec. 60.17 of
subpart A of this part).
(5) Before each dioxin/furan stack test, or at least once a year,
calibrate all signal conversion elements associated with steam (or feed
water) flow measurements according to the manufacturer instructions.
(b) If your municipal waste combustion unit does not generate
steam, you must determine, to the satisfaction of the Administrator,
one or more operating parameters that can be used to continuously
estimate load level (for example, the feed rate of municipal solid
waste or refuse-derived fuel). You must continuously monitor the
selected parameters.
Sec. 60.1325 How do I monitor the temperature of flue gases at the
inlet of my particulate matter control device?
You must install, calibrate, maintain, and operate a device to
continuously measure the temperature of the flue gas stream at the
inlet of each particulate matter control device.
Sec. 60.1330 How do I monitor the injection rate of activated carbon?
If your municipal waste combustion unit uses activated carbon to
control dioxin/furan or mercury emissions, you must meet three
requirements:
(a) Select a carbon injection system operating parameter that can
be used to calculate carbon feed rate (for example, screw feeder
speed).
(b) During each dioxin/furan and mercury stack test, determine the
average carbon feed rate in kilograms (or pounds) per hour. Also,
determine the average operating parameter level that correlates to the
carbon feed rate. Establish a relationship between the operating
parameter and the carbon feed rate in order to calculate the carbon
feed rate based on the operating parameter level.
(c) Continuously monitor the selected operating parameter during
all periods when the municipal waste combustion unit is operating and
combusting waste and calculate the 8-hour block average carbon feed
rate in kilograms (or pounds) per hour, based on the selected operating
parameter. When calculating the 8-hour block average, do two things:
(1) Exclude hours when the municipal waste combustion unit is not
operating.
(2) Include hours when the municipal waste combustion unit is
operating but the carbon feed system is not working correctly.
Sec. 60.1335 What is the minimum amount of monitoring data I must
collect with my continuous parameter monitoring systems and is this
requirement enforceable?
(a) Where continuous parameter monitoring systems are used, obtain
1-hour arithmetic averages for three parameters:
(1) Load level of the municipal waste combustion unit.
(2) Temperature of the flue gases at the inlet of your particulate
matter control device.
(3) Carbon feed rate if activated carbon is used to control dioxin/
furan or mercury emissions.
(b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average.
(c) Obtain valid 1-hour averages for, at a minimum, 75 percent of
the operating hours per day and for 90 percent of the operating days
per calendar quarter. An operating day is any day the unit combusts any
municipal solid waste or refuse-derived fuel.
(d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you are in violation
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of this data collection requirement and you must notify the
Administrator according to Sec. 60.1410(e).
Recordkeeping
Sec. 60.1340 What records must I keep?
You must keep five types of records:
(a) Materials separation plan and siting analysis.
(b) Operator training and certification.
(c) Stack tests.
(d) Continuously monitored pollutants and parameters.
(e) Carbon feed rate.
Sec. 60.1345 Where must I keep my records and for how long?
(a) Keep all records onsite in paper copy or electronic format
unless the Administrator approves another format.
(b) Keep all records on each municipal waste combustion unit for at
least 5 years.
(c) Make all records available for submittal to the Administrator,
or for onsite review by an inspector.
Sec. 60.1350 What records must I keep for the materials separation
plan and siting analysis?
You must keep records of five items:
(a) The date of each record.
(b) The final materials separation plan.
(c) The siting analysis.
(d) A record of the location and date of the public meetings.
(e) Your responses to the public comments received during the
public comment periods.
Sec. 60.1355 What records must I keep for operator training and
certification?
You must keep records of six items:
(a) Records of provisional certifications. Include three items:
(1) For your municipal waste combustion plant, names of the chief
facility operator, shift supervisors, and control room operators who
are provisionally certified by the American Society of Mechanical
Engineers or an equivalent State-approved certification program.
(2) Dates of the initial provisional certifications.
(3) Documentation showing current provisional certifications.
(b) Records of full certifications. Include three items:
(1) For your municipal waste combustion plant, names of the chief
facility operator, shift supervisors, and control room operators who
are fully certified by the American Society of Mechanical Engineers or
an equivalent State-approved certification program.
(2) Dates of initial and renewal full certifications.
(3) Documentation showing current full certifications.
(c) Records showing completion of the operator training course.
Include three items:
(1) For your municipal waste combustion plant, names of the chief
facility operator, shift supervisors, and control room operators who
have completed the EPA or State municipal waste combustion operator
training course.
(2) Dates of completion of the operator training course.
(3) Documentation showing completion of the operator training
course.
(d) Records of reviews for plant-specific operating manuals.
Include three items:
(1) Names of persons who have reviewed the operating manual.
(2) Date of the initial review.
(3) Dates of subsequent annual reviews.
(e) Records of when a certified operator is temporarily offsite.
Include two main items:
(1) If the certified chief facility operator and certified shift
supervisor are offsite for more than 8 hours, but less than 2 weeks,
and no other certified operator is onsite, record the dates that the
certified chief facility operator and certified shift supervisor were
offsite.
(2) When the certified chief facility operator and certified shift
supervisor are offsite for more than 2 weeks and no other certified
operator is onsite, keep records of four items:
(i) Your notice that all certified persons are offsite.
(ii) The conditions that cause these people to be offsite.
(iii) The corrective actions you are taking to ensure a certified
chief facility operator or certified shift supervisor is onsite.
(iv) Copies of the written reports submitted every 4 weeks that
summarize the actions taken to ensure that a certified chief facility
operator or certified shift supervisor will be onsite.
(f) Records of calendar dates. Include the calendar date on each
record.
Sec. 60.1360 What records must I keep for stack tests?
For stack tests required under Sec. 60.1285, you must keep records
of four items:
(a) The results of the stack tests for eight pollutants or
parameters recorded in the appropriate units of measure specified in
table 1 of this subpart:
(1) Dioxins/furans.
(2) Cadmium.
(3) Lead.
(4) Mercury.
(5) Opacity.
(6) Particulate matter.
(7) Hydrogen chloride.
(8) Fugitive ash.
(b) Test reports including supporting calculations that document
the results of all stack tests.
(c) The maximum demonstrated load of your municipal waste
combustion units and maximum temperature at the inlet of your
particulate matter control device during all stack tests for dioxin/
furan emissions.
(d) The calendar date of each record.
Sec. 60.1365 What records must I keep for continuously monitored
pollutants or parameters?
You must keep records of eight items:
(a) Records of monitoring data. Document six parameters measured
using continuous monitoring systems:
(1) All 6-minute average levels of opacity.
(2) All 1-hour average concentrations of sulfur dioxide emissions.
(3) For Class I municipal waste combustion units only, all 1-hour
average concentrations of nitrogen oxides emissions.
(4) All 1-hour average concentrations of carbon monoxide emissions.
(5) All 1-hour average load levels of your municipal waste
combustion unit.
(6) All 1-hour average flue gas temperatures at the inlet of the
particulate matter control device.
(b) Records of average concentrations and percent reductions.
Document five parameters:
(1) All 24-hour daily block geometric average concentrations of
sulfur dioxide emissions or average percent reductions of sulfur
dioxide emissions.
(2) For Class I municipal waste combustion units only, all 24-hour
daily arithmetic average concentrations of nitrogen oxides emissions.
(3) All 4-hour block or 24-hour daily block arithmetic average
concentrations of carbon monoxide emissions.
(4) All 4-hour block arithmetic average load levels of your
municipal waste combustion unit.
(5) All 4-hour block arithmetic average flue gas temperatures at
the inlet of the particulate matter control device.
(c) Records of exceedances. Document three items:
(1) Calendar dates whenever any of the five pollutant or parameter
levels recorded in paragraph (b) or the opacity level recorded in
paragraph (a)(1) of this section did not meet the emission limits or
operating levels specified in this subpart.
(2) Reasons you exceeded the applicable emission limits or
operating levels.
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(3) Corrective actions you took, or are taking, to meet the
emission limits or operating levels.
(d) Records of minimum data. Document three items:
(1) Calendar dates for which you did not collect the minimum amount
of data required under Secs. 60.1260 and 60.1335. Record these dates
for five types of pollutants and parameters:
(i) Sulfur dioxide emissions.
(ii) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(iii) Carbon monoxide emissions.
(iv) Load levels of your municipal waste combustion unit.
(v) Temperatures of the flue gases at the inlet of the particulate
matter control device.
(2) Reasons you did not collect the minimum data.
(3) Corrective actions you took, or are taking, to obtain the
required amount of data.
(e) Records of exclusions. Document each time you have excluded
data from your calculation of averages for any of the following five
pollutants or parameters and the reasons the data were excluded:
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load levels of your municipal waste combustion unit.
(5) Temperatures of the flue gases at the inlet of the particulate
matter control device.
(f) Records of drift and accuracy. Document the results of your
daily drift tests and quarterly accuracy determinations according to
procedure 1 of appendix F of this part. Keep these records for the
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion
units only), and carbon monoxide continuous emissions monitoring
systems.
(g) Records of the relationship between oxygen and carbon dioxide.
If you chose to monitor carbon dioxide instead of oxygen as a diluent
gas, document the relationship between oxygen and carbon dioxide, as
specified in Sec. 60.1255.
(h) Records of calendar dates. Include the calendar date on each
record.
Sec. 60.1370 What records must I keep for municipal waste combustion
units that use activated carbon?
For municipal waste combustion units that use activated carbon to
control dioxin/furan or mercury emissions, you must keep records of
five items:
(a) Records of average carbon feed rate. Document five items:
(1) Average carbon feed rate (in kilograms or pounds per hour)
during all stack tests for dioxin/furan and mercury emissions. Include
supporting calculations in the records.
(2) For the operating parameter chosen to monitor carbon feed rate,
average operating level during all stack tests for dioxin/furans and
mercury emissions. Include supporting data that document the
relationship between the operating parameter and the carbon feed rate.
(3) All 8-hour block average carbon feed rates in kilograms
(pounds) per hour calculated from the monitored operating parameter.
(4) Total carbon purchased and delivered to the municipal waste
combustion plant for each calendar quarter. If you choose to evaluate
total carbon purchased and delivered on a municipal waste combustion
unit basis, record the total carbon purchased and delivered for each
individual municipal waste combustion unit at your plant. Include
supporting documentation.
(5) Required quarterly usage of carbon for the municipal waste
combustion plant, calculated using the appropriate equation in
Sec. 60.1460(f). If you choose to evaluate required quarterly usage for
carbon on a municipal waste combustion unit basis, record the required
quarterly usage for each municipal waste combustion unit at your plant.
Include supporting calculations.
(b) Records of low carbon feed rates. Document three items:
(1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined
during the most recent stack test for dioxin/furan or mercury emissions
(whichever has a higher feed rate).
(2) Reasons for the low carbon feed rates.
(3) Corrective actions you took or are taking to meet the 8-hour
average carbon feed rate requirement.
(c) Records of minimum carbon feed rate data. Document three items:
(1) Calendar dates for which you did not collect the minimum amount
of carbon feed rate data required under Sec. 60.1335.
(2) Reasons you did not collect the minimum data.
(3) Corrective actions you took or are taking to get the required
amount of data.
(d) Records of exclusions. Document each time you have excluded
data from your calculation of average carbon feed rates and the reasons
the data were excluded.
(e) Records of calendar dates. Include the calendar date on each
record.
Reporting
Sec. 60.1375 What reports must I submit before I submit my notice of
construction?
(a) If you are required to submit an application for a construction
permit under 40 CFR, part 51, subpart I, or part 52, you must submit
five items by the date you submit your application.
(1) Your draft materials separation plan, as specified in
Sec. 60.1065.
(2) Your revised materials separation plan, as specified in
Sec. 60.1085(c).
(3) Your notice of the initial public meeting for your draft
materials separation plan, as specified in Sec. 60.1070(b).
(4) A transcript of the initial public meeting, as specified in
Sec. 60.1080(f).
(5) The document that summarizes your responses to the public
comments you received during the initial public comment period, as
specified in Sec. 60.1085(a).
(b) If you are not required to submit an application for a
construction permit under 40 CFR part 51, subpart I, or part 52, you
must submit the items in paragraph (a) of this section with your notice
of construction.
Sec. 60.1380 What must I include in my notice of construction?
(a) Include ten items:
(1) A statement of your intent to construct the municipal waste
combustion unit.
(2) The planned initial startup date of your municipal waste
combustion unit.
(3) The types of fuels you plan to combust in your municipal waste
combustion unit.
(4) The capacity of your municipal waste combustion unit including
supporting capacity calculations, as specified in Sec. 60.1460(d) and
(e).
(5) Your siting analysis, as specified in Sec. 60.1125.
(6) Your final materials separation plan, as specified in
Sec. 60.1100(b).
(7) Your notice of the second public meeting (siting analysis
meeting), as specified in Sec. 60.1130(b).
(8) A transcript of the second public meeting, as specified in
Sec. 60.1140(d).
(9) A copy of the document that summarizes your responses to the
public comments you received during the second public comment period,
as specified in Sec. 60.1145(a).
(10) Your final siting analysis, as specified in Sec. 60.1145(c).
(b) Submit your notice of construction no later than 30 days after
you commence construction, reconstruction,
[[Page 47296]]
or modification of your municipal waste combustion unit.
Sec. 60.1385 What reports must I submit after I submit my notice of
construction and in what form?
(a) Submit an initial report and annual reports, plus semiannual
reports for any emission or parameter level that does not meet the
limits specified in this subpart.
(b) Submit all reports on paper, postmarked on or before the
submittal dates in Secs. 60.1395, 60.1405, and 60.1420. If the
Administrator agrees, you may submit electronic reports.
(c) Keep a copy of all reports required by Secs. 60.1400, 60.1410,
and 60.1425 onsite for 5 years.
Sec. 60.1390 What are the appropriate units of measurement for
reporting my data?
See tables 1 and 2 of this subpart for appropriate units of
measurement.
Sec. 60.1395 When must I submit the initial report?
As specified in subpart A of this part, submit your initial report
within 60 days after your municipal waste combustion unit reaches the
maximum load level at which it will operate, but no later than 180 days
after its initial startup.
Sec. 60.1400 What must I include in my initial report?
You must include seven items:
(a) The emission levels measured on the date of the initial
evaluation of your continuous emission monitoring systems for all of
the following five pollutants or parameters as recorded in accordance
with Sec. 60.1365(b).
(1) The 24-hour daily geometric average concentration of sulfur
dioxide emissions or the 24-hour daily geometric percent reduction of
sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, the 24-hour
daily arithmetic average concentration of nitrogen oxides emissions.
(3) The 4-hour block or 24-hour daily arithmetic average
concentration of carbon monoxide emissions.
(4) The 4-hour block arithmetic average load level of your
municipal waste combustion unit.
(5) The 4-hour block arithmetic average flue gas temperature at the
inlet of the particulate matter control device.
(b) The results of the initial stack tests for eight pollutants or
parameters (use appropriate units as specified in table 2 of this
subpart):
(1) Dioxins/furans.
(2) Cadmium.
(3) Lead.
(4) Mercury.
(5) Opacity.
(6) Particulate matter.
(7) Hydrogen chloride.
(8) Fugitive ash emissions.
(c) The test report that documents the initial stack tests
including supporting calculations.
(d) The initial performance evaluation of your continuous emissions
monitoring systems. Use the applicable performance specifications in
appendix B of this part in conducting the evaluation.
(e) The maximum demonstrated load of your municipal waste
combustion unit and the maximum demonstrated temperature of the flue
gases at the inlet of the particulate matter control device. Use values
established during your initial stack test for dioxin/furan emissions
and include supporting calculations.
(f) If your municipal waste combustion unit uses activated carbon
to control dioxin/furan or mercury emissions, the average carbon feed
rates that you recorded during the initial stack tests for dioxin/furan
and mercury emissions. Include supporting calculations as specified in
Sec. 60.1370(a)(1) and (2).
(g) If you choose to monitor carbon dioxide instead of oxygen as a
diluent gas, documentation of the relationship between oxygen and
carbon dioxide, as specified in Sec. 60.1255.
Sec. 60.1405 When must I submit the annual report?
Submit the annual report no later than February 1 of each year that
follows the calendar year in which you collected the data. If you have
an operating permit for any unit under title V of the Clean Air Act,
the permit may require you to submit semiannual reports. Parts 70 and
71 of this chapter contain program requirements for permits.
Sec. 60.1410 What must I include in my annual report?
Summarize data collected for all pollutants and parameters
regulated under this subpart. Your summary must include twelve items:
(a) The results of the annual stack test, using appropriate units,
for eight pollutants, as recorded under Sec. 60.1360(a):
(1) Dioxins/furans.
(2) Cadmium.
(3) Lead.
(4) Mercury.
(5) Particulate matter.
(6) Opacity.
(7) Hydrogen chloride.
(8) Fugitive ash.
(b) A list of the highest average levels recorded, in the
appropriate units. List these values for five pollutants or parameters:
(1) Sulfur dioxide emissions.
(2) For Class 1 municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load level of the municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of the particulate
matter air pollution control device (4-hour block average).
(c) The highest 6-minute opacity level measured. Base this value on
all 6-minute average opacity levels recorded by your continuous opacity
monitoring system (Sec. 60.1365(a)(1)).
(d) For municipal waste combustion units that use activated carbon
for controlling dioxin/furan or mercury emissions, include four
records:
(1) The average carbon feed rates recorded during the most recent
dioxin/furan and mercury stack tests.
(2) The lowest 8-hour block average carbon feed rate recorded
during the year.
(3) The total carbon purchased and delivered to the municipal waste
combustion plant for each calendar quarter. If you choose to evaluate
total carbon purchased and delivered on a municipal waste combustion
unit basis, record the total carbon purchased and delivered for each
individual municipal waste combustion unit at your plant.
(4) The required quarterly carbon usage of your municipal waste
combustion plant, calculated using the appropriate equation in
Sec. 60.1460(f). If you choose to evaluate required quarterly usage for
carbon on a municipal waste combustion unit basis, record the required
quarterly usage for each municipal waste combustion unit at your plant.
(e) The total number of days that you did not obtain the minimum
number of hours of data for six pollutants or parameters. Include the
reasons you did not obtain the data and corrective actions that you
have taken to obtain the data in the future. Include data on:
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load level of the municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of the particulate
matter air pollution control device.
(6) Carbon feed rate.
(f) The number of hours you have excluded data from the calculation
of average levels (include the reasons for excluding it). Include data
for six pollutants or parameters:
[[Page 47297]]
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load level of the municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of the particulate
matter air pollution control device.
(6) Carbon feed rate.
(g) A notice of your intent to begin a reduced stack testing
schedule for dioxin/furan emissions during the following calendar year,
if you are eligible for alternative scheduling (Sec. 60.1305 (a) or
(b)).
(h) A notice of your intent to begin a reduced stack testing
schedule for other pollutants during the following calendar year, if
you are eligible for alternative scheduling (Sec. 60.1305(a)).
(i) A summary of any emission or parameter level that did not meet
the limits specified in this subpart.
(j) A summary of the data in paragraphs (a) through (d) of this
section from the year preceding the reporting year. This summary gives
the Administrator a summary of the performance of the municipal waste
combustion unit over a 2-year period.
(k) If you choose to monitor carbon dioxide instead of oxygen as a
diluent gas, documentation of the relationship between oxygen and
carbon dioxide, as specified in Sec. 60.1255.
(l) Documentation of periods when all certified chief facility
operators and certified shift supervisors are offsite for more than 8
hours.
Sec. 60.1415 What must I do if I am out of compliance with these
standards?
You must submit a semiannual report on any recorded emission or
parameter level that does not meet the requirements specified in this
subpart.
Sec. 60.1420 If a semiannual report is required, when must I submit
it?
(a) For data collected during the first half of a calendar year,
submit your semiannual report by August 1 of that year.
(b) For data you collected during the second half of the calendar
year, submit your semiannual report by February 1 of the following
year.
Sec. 60.1425 What must I include in the semiannual out-of-compliance
reports?
You must include three items in the semiannual report:
(a) For any of the following six pollutants or parameters that
exceeded the limits specified in this subpart, include the calendar
date they exceeded the limits, the averaged and recorded data for that
date, the reasons for exceeding the limits, and your corrective
actions:
(1) Concentration or percent reduction of sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only,
concentration of nitrogen oxides emissions.
(3) Concentration of carbon monoxide emissions.
(4) Load level of your municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of your particulate
matter air pollution control device.
(6) Average 6-minute opacity level.
(b) If the results of your annual stack tests (as recorded in
Sec. 60.1360(a)) show emissions above the limits specified in table 1
of this subpart for dioxins/furans, cadmium, lead, mercury, particulate
matter, opacity, hydrogen chloride, and fugitive ash, include a copy of
the test report that documents the emission levels and your corrective
actions.
(c) For municipal waste combustion units that apply activated
carbon to control dioxin/furan or mercury emissions, include two items:
(1) Documentation of all dates when the 8-hour block average carbon
feed rate (calculated from the carbon injection system operating
parameter) is less than the highest carbon feed rate established during
the most recent mercury and dioxin/furan stack test (as specified in
Sec. 60.1370(a)(1)). Include four items:
(i) Eight-hour average carbon feed rate.
(ii) Reasons for these occurrences of low carbon feed rates.
(iii) The corrective actions you have taken to meet the carbon feed
rate requirement.
(iv) The calendar date.
(2) Documentation of each quarter when total carbon purchased and
delivered to the municipal waste combustion plant is less than the
total required quarterly usage of carbon. If you choose to evaluate
total carbon purchased and delivered on a municipal waste combustion
unit basis, record the total carbon purchased and delivered for each
individual municipal waste combustion unit at your plant. Include five
items:
(i) Amount of carbon purchased and delivered to the plant.
(ii) Required quarterly usage of carbon.
(iii) Reasons for not meeting the required quarterly usage of
carbon.
(iv) The corrective actions you have taken to meet the required
quarterly usage of carbon.
(v) The calendar date.
Sec. 60.1430 Can reporting dates be changed?
(a) If the Administrator agrees, you may change the semiannual or
annual reporting dates.
(b) See Sec. 60.19(c) in subpart A of this part for procedures to
seek approval to change your reporting date.
Air Curtain Incinerators That Burn 100 Percent Yard Waste
Sec. 60.1435 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.
Sec. 60.1440 What is yard waste?
Yard waste is grass, grass clippings, bushes, shrubs, and clippings
from bushes and shrubs. They come 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:
(a) Construction, renovation, and demolition wastes that are exempt
from the definition of ``municipal solid waste'' in Sec. 60.1465 of
this subpart.
(b) Clean wood that is exempt from the definition of ``municipal
solid waste'' in Sec. 60.1465 of this subpart.
Sec. 60.1445 What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?
(a) Within 60 days after your air curtain incinerator reaches the
maximum load level at which it will operate, but no later than 180 days
after its initial startup, you must meet two limits:
(1) The opacity limit is 10 percent (6-minute average) for air
curtain incinerators that can combust at least 35 tons per day of
municipal solid waste and no more than 250 tons per day of municipal
solid waste.
(2) The opacity limit 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. Each malfunction must not exceed 3 hours.
Sec. 60.1450 How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?
(a) Use EPA Reference Method 9 to determine compliance with the
opacity limit.
[[Page 47298]]
(b) Conduct an initial test for opacity as specified in Sec. 60.8
of subpart A of this part.
(c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.
Sec. 60.1455 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?
(a) Provide a notice of construction that includes four items:
(1) Your intent to construct the air curtain incinerator.
(2) Your planned initial startup date.
(3) Types of fuels you plan to combust in your air curtain
incinerator.
(4) The capacity of your incinerator, including supporting capacity
calculations, as specified in Sec. 60.1460 (d) and (e).
(b) Keep records of results of all opacity tests onsite in either
paper copy or electronic format unless the Administrator approves
another format.
(c) Keep all records for each incinerator for at least 5 years.
(d) Make all records available for submittal to the Administrator
or for onsite review by an inspector.
(e) Submit the results (each 6-minute average) of the opacity tests
by February 1 of the year following the year of the opacity emission
test.
(f) Submit reports as a paper copy on or before the applicable
submittal date. If the Administrator agrees, you may submit reports on
electronic media.
(g) If the Administrator agrees, you may change the annual
reporting dates (see Sec. 60.19(c) in subpart A of this part).
(h) Keep a copy of all reports onsite for a period of 5 years.
Equations
Sec. 60.1460 What equations must I use?
(a) Concentration correction to 7 percent oxygen. Correct any
pollutant concentration to 7 percent oxygen using the following
equation:
C7% Cunc *(13.9) * (1/ (20.9 - CO2))
Where:
C7% = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (%).
(b) Percent reduction in potential mercury emissions. Calculate the
percent reduction in potential mercury emissions (%PHg)
using the following equation:
%PHg = (Ei - Eo) * (100/Ei)
Where:
%PHg = percent reduction of potential mercury emissions
Ei = mercury emission concentration as measured at the air
pollution control device inlet, corrected to 7 percent oxygen, dry
basis
Eo = mercury emission concentration as measured at the air
pollution control device outlet, corrected to 7 percent oxygen, dry
basis
(c) Percent reduction in potential hydrogen chloride emissions.
Calculate the percent reduction in potential hydrogen chloride
emissions (%PHC1) using the following equation:
%PHC1 = (Ei - Eo) * (100/
Ei)
Where:
%PHC1 = percent reduction of the potential hydrogen chloride
emissions
Ei = hydrogen chloride emission concentration as measured at
the air pollution control device inlet, corrected to 7 percent oxygen,
dry basis
Eo = hydrogen chloride emission concentration as measured at
the air pollution control device outlet, corrected to 7 percent oxygen,
dry basis
(d) Capacity of a municipal waste combustion unit. For municipal
waste combustion units that can operate continuously for 24-hour
periods, calculate the municipal waste combustion units capacity based
on 24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
(1) For municipal waste combustion units with a design based on
heat input capacity, calculate the maximum charging rate based on this
maximum heat input capacity and one of two heating values:
(i) If your municipal waste combustion unit combusts refuse-derived
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500
British thermal units per pound).
(ii) If your municipal waste combustion unit combusts municipal
solid waste, use a heating value of 10,500 kilojoules per kilogram
(4,500 British thermal units per pound).
(2) For municipal waste combustion units with a design not based on
heat input capacity, use the maximum designed charging rate.
(e) Capacity of a batch municipal waste combustion unit. Calculate
the capacity of a batch municipal waste combustion unit as the maximum
design amount of municipal solid waste they can charge per batch
multiplied by the maximum number of batches they can process in 24
hours. Calculate this maximum number of batches by dividing 24 by the
number of hours needed to process one batch. Retain fractional batches
in the calculation. For example, if one batch requires 16 hours, the
municipal waste combustion unit can combust 24/16, or 1.5 batches, in
24 hours.
(f) Quarterly carbon usage. If you use activated carbon to comply
with the dioxin/furan or mercury limits, calculate the required
quarterly usage of carbon using the appropriate equation for plant
basis or unit basis:
(1) Plant basis.
[GRAPHIC] [TIFF OMITTED] TP30AU99.021
Where:
C = required quarterly carbon usage for the plant in kilograms (or
pounds).
fi = required carbon feed rate for the municipal waste
combustion unit in kilograms (or pounds) per hour. This is the average
carbon feed rate during the most recent mercury or dioxin/furan stack
tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was
in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your
plant.
(2) Unit basis.
C = f * h
Where:
C = required quarterly carbon usage for the unit in kilograms (or
pounds).
f = required carbon feed rate for the municipal waste combustion
unit in kilograms (or pounds) per hour. This is the average carbon feed
rate during the most recent mercury or dioxin/furan stack tests
(whichever has a higher feed rate).
h = number of hours the municipal waste combustion unit was in
operation during the calendar quarter (hours).
Definitions
Sec. 60.1465 What definitions must I know?
Terms used but not defined in this section are defined in the Clean
Air Act and in subparts A and B of this part.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or the
Administrator of a State Air Pollution Control Agency.
Air curtain incinerator means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of this type can be constructed
above or below ground and with or without refractory walls and floor.
[[Page 47299]]
Batch municipal waste combustion unit means a municipal waste
combustion unit designed so it cannot combust municipal solid waste
continuously 24 hours per day because the design does not allow waste
to be fed to the unit or ash to be removed during combustion.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 (366 in leap years) consecutive days
starting on January 1 and ending on December 31.
Chief facility operator means the person in direct charge and
control of the operation of a municipal waste combustion unit. This
person is responsible for daily onsite supervision, technical
direction, management, and overall performance of the municipal waste
combustion unit.
Class I units mean small municipal waste combustion units subject
to this subpart that are located at municipal waste combustion plants
with an aggregate plant capacity more than 250 tons per day of
municipal solid waste. See the definition of ``municipal waste
combustion plant capacity'' for specification of which units at a plant
site are included in the aggregate capacity calculation.
Class II units mean small municipal waste combustion units subject
to this subpart at municipal waste combustion plants with an aggregate
plant capacity no more than 250 tons per day of municipal solid waste.
See the definition of ``municipal waste combustion plant capacity'' for
specification of which units at a plant site are included in the
aggregate capacity calculation.
Clean wood means untreated wood or untreated wood products
including clean untreated lumber, tree stumps (whole or chipped), and
tree limbs (whole or chipped). Clean wood does not include two items:
(1) Yard waste, which is defined elsewhere in this section.
(2) Construction, renovation, or demolition wastes (for example,
railroad ties and telephone poles) that are exempt from the definition
of municipal solid waste in this section.
Cofired combustion unit means a unit that combusts municipal solid
waste with nonmunicipal solid waste fuel (for example, coal, industrial
process waste). To be considered a cofired combustion unit, the unit
must be subject to a federally enforceable permit that limits it to
combusting a fuel feed stream which is 30 percent or less (by weight)
municipal solid waste as measured each calendar quarter.
Continuous burning means the continuous, semicontinuous, or batch
feeding of municipal solid waste to dispose of the waste, produce
energy, or provide heat to the combustion system in preparation for
waste disposal or energy production. Continuous burning does not mean
the use of municipal solid waste solely to thermally protect the grate
or hearth during the startup period when municipal solid waste is not
fed to the grate or hearth.
Continuous emission monitoring system means a monitoring system
that continuously measures the emissions of a pollutant from a
municipal waste combustion unit.
Dioxins/furans mean tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Eight-hour block average means the average of all hourly emission
concentrations or parameter levels when the municipal waste combustion
unit operates and combusts municipal solid waste measured over any of
three 8-hour periods of time:
(1) 12:00 midnight to 8:00 a.m.
(2) 8:00 a.m. to 4:00 p.m.
(3) 4:00 p.m. to 12:00 midnight.
Federally enforceable means all limits and conditions the
Administrator can enforce (including the requirements of 40 CFR parts
60, 61, and 63), requirements in a State's implementation plan, and any
permit requirements established under 40 CFR 52.21 or under 40 CFR
51.18 and 40 CFR 51.24.
First calendar half means the period that starts on January 1 and
ends on June 30 in any year.
Fluidized bed combustion unit means a unit where municipal waste is
combusted in a fluidized bed of material. The fluidized bed material
may remain in the primary combustion zone or may be carried out of the
primary combustion zone and returned through a recirculation loop.
Four-hour block average or 4-hour block average means the average
of all hourly emission concentrations or parameter levels when the
municipal waste combustion unit operates and combusts municipal solid
waste measured over any of six 4-hour periods:
(1) 12:00 midnight to 4 a.m.
(2) 4 a.m. to 8 a.m.
(3) 8 a.m. to 12:00 noon.
(4) 12:00 noon to 4 p.m.
(5) 4 p.m. to 8 p.m.
(6) 8 p.m. to 12:00 midnight.
Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid
waste in a refractory wall furnace. Unless otherwise specified, this
includes municipal waste combustion units with a cylindrical rotary
refractory wall furnace.
Mass burn rotary waterwall municipal waste combustion unit means a
field-erected municipal waste combustion unit that combusts municipal
solid waste in a cylindrical rotary waterwall furnace.
Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid
waste in a waterwall furnace.
Materials separation plan means a plan that identifies a goal and
an approach for separating certain components of municipal solid waste
for a given service area in order to make the separated materials
available for recycling. A materials separation plan may include three
items:
(1) Elements such as dropoff facilities, buy-back or deposit-return
incentives, curbside pickup programs, or centralized mechanical
separation systems.
(2) Different goals or approaches for different subareas in the
service area.
(3) No materials separation activities for certain subareas or, if
warranted, the entire service area.
Maximum demonstrated load of a municipal waste combustion unit
means the highest 4-hour block arithmetic average municipal waste
combustion unit load achieved during 4 consecutive hours in the course
of the most recent dioxin/furan stack test that demonstrates compliance
with the applicable emission limit for dioxins/furans specified in this
subpart.
Maximum demonstrated temperature of the particulate matter control
device means the highest 4-hour block arithmetic average flue gas
temperature measured at the inlet of the particulate matter control
device during 4 consecutive hours in the course of the most recent
stack test for dioxin/furan emissions that demonstrates compliance with
the limits specified in this subpart.
Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion
unit means a combustion unit that combusts coal and refuse-derived fuel
simultaneously, in which pulverized coal is introduced into an air
stream that carries the coal to the combustion chamber of the unit
where it is combusted in suspension. This includes both conventional
pulverized coal and micropulverized coal.
Modification or modified municipal waste combustion unit means a
municipal waste combustion unit you have changed later than 6 months
after
[[Page 47300]]
promulgation of this subpart 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.
(2) Any physical change in the municipal waste combustion unit or
change in the method of operating it that increases the emission level
of any air pollutant for which standards have been established under
section 129 or section 111 of the Clean Air Act. Increases in the
emission level of any air pollutant are determined when the municipal
waste combustion unit operates at 100 percent of its physical load
capability and are measured downstream of all air pollution control
devices. Load restrictions based on permits or other nonphysical
operational restrictions cannot be considered in this determination.
Modular excess-air municipal waste combustion unit means a
municipal waste combustion unit that combusts municipal solid waste, is
not field-erected, and has multiple combustion chambers, all of which
are designed to operate at conditions with combustion air amounts in
excess of theoretical air requirements.
Modular starved-air municipal waste combustion unit means a
municipal waste combustion unit that combusts municipal solid waste, is
not field-erected, and has multiple combustion chambers in which the
primary combustion chamber is designed to operate at substoichiometric
conditions.
Municipal solid waste or municipal-type solid waste means
household, commercial/retail, or institutional waste. Household waste
includes material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing. Commercial/retail
waste includes material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at industrial facilities, and
other similar establishments or facilities. Institutional waste
includes materials discarded by schools, by hospitals (nonmedical), by
nonmanufacturing activities at prisons and government facilities, and
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste
does not include used oil; sewage sludge; wood pallets; construction,
renovation, and demolition wastes (which include railroad ties and
telephone poles); clean wood; industrial process or manufacturing
wastes; medical waste; or motor vehicles (including motor vehicle parts
or vehicle fluff).
Municipal waste combustion plant means one or more municipal waste
combustion units at the same location as specified under
``Applicability'' (Sec. 60.1015(a) and (b)).
Municipal waste combustion plant capacity means the aggregate
municipal waste combustion unit capacity at a plant for all municipal
waste combustion units at the plant that are subject to subparts Ea or
Eb of this part, or this subpart.
Municipal waste combustion unit means any setting or equipment that
combusts solid, liquid, or gasified municipal solid waste including,
but not limited to, field-erected combustion units (with or without
heat recovery), modular combustion units (starved-air or excess-air),
boilers (for example, steam generating units), furnaces (whether
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or
fluidized bed-fired), and pyrolysis/combustion units. Two criteria
further define these municipal waste combustion units:
(1) Municipal waste combustion units do not include pyrolysis or
combustion units located at a plastics or rubber recycling unit as
specified under ``Applicability'' (Sec. 60.1020(h) and (i)). Municipal
waste combustion units also do not include cement kilns that combust
municipal solid waste as specified under ``Applicability''
(Sec. 60.1020(j)). They also do not include internal combustion
engines, gas turbines, or other combustion devices that combust
landfill gases collected by landfill gas collection systems.
(2) The boundaries of a municipal waste combustion unit are defined
as follows. The municipal waste combustion unit includes, but is not
limited to, the municipal solid waste fuel feed system, grate system,
flue gas system, bottom ash system, and the combustion unit water
system. The municipal waste combustion unit does not include air
pollution control equipment, the stack, water treatment equipment, or
the turbine-generator set. The municipal waste combustion unit boundary
starts at the municipal solid waste pit or hopper and extends through
three areas:
(i) The combustion unit flue gas system, which ends immediately
after the heat recovery equipment or, if there is no heat recovery
equipment, immediately after the combustion chamber.
(ii) 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.
(iii) The combustion unit water system, which starts at the feed
water pump and ends at the piping that exits the steam drum or
superheater.
Particulate matter means total particulate matter emitted from
municipal waste combustion units as measured by EPA Reference Method 5
(Sec. 60.1300).
Plastics or rubber recycling unit means an integrated processing
unit for which plastics, rubber, or rubber tires are the only feed
materials (incidental contaminants may be in the feed materials). These
materials are processed and marketed to become input feed stock for
chemical plants or petroleum refineries. The following three criteria
further define a plastics or rubber recycling unit:
(1) Each calendar quarter, the combined weight of the feed stock
that a plastics or rubber recycling unit produces must be more than 70
percent of the combined weight of the plastics, rubber, and rubber
tires that recycling unit processes.
(2) The plastics, rubber, or rubber tires fed to the recycling unit
may originate from separating or diverting plastics, rubber, or rubber
tires from municipal or industrial solid waste. These feed materials
may include manufacturing scraps, trimmings, and off-specification
plastics, rubber, and rubber tire discards.
(3) The plastics, rubber, and rubber tires fed to the recycling
unit may contain incidental contaminants (for example, paper labels on
plastic bottles or metal rings on plastic bottle caps).
Potential hydrogen chloride emissions means the level of emissions
from a municipal waste combustion unit that would occur from combusting
municipal solid waste without emission controls for acid gases.
Potential mercury emissions means the level of emissions from a
municipal waste combustion unit that would occur from combusting
municipal solid waste without controls for mercury emissions.
Potential sulfur dioxide emissions means the level of emissions
from a municipal waste combustion unit that would occur from combusting
municipal solid waste without emission controls for acid gases.
Pyrolysis/combustion unit means a unit that produces gases,
liquids, or solids by heating municipal solid waste. The gases,
liquids, or solids produced are combusted and the emissions vented to
the atmosphere.
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Reconstruction means rebuilding a municipal waste combustion unit
and meeting two criteria:
(1) The reconstruction begins 6 months or more after [publication
date of final rule].
(2) The cumulative cost of the construction over the life of the
unit exceeds 50 percent of the original cost of building and installing
the municipal waste combustion unit (not including land) updated to
current costs (current dollars). To determine what systems are within
the boundary of the municipal waste combustion unit used to calculate
these costs, see the definition of municipal waste combustion unit.
Refractory unit or refractory wall furnace means a municipal waste
combustion unit that has no energy recovery (such as through a
waterwall) in the furnace of the municipal waste combustion 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.
Same location means the same or contiguous properties under common
ownership or control, including those separated only by a street, road,
highway, or other public right-of-way. Common ownership or control
includes properties that are owned, leased, or operated by the same
entity, parent entity, subsidiary, subdivision, or any combination
thereof. Entities may include a municipality, other governmental unit,
or any quasi-governmental authority (for example, a public utility
district or regional authority for waste disposal).
Second calendar half means the period that starts on July 1 and
ends on December 31 in any year.
Shift supervisor means the person who is in direct charge and
control of operating a municipal waste combustion unit and who is
responsible for onsite supervision, technical direction, management,
and overall performance of the municipal waste combustion unit during
an assigned shift.
Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel)
combustion unit means a municipal waste combustion unit that combusts
coal and refuse-derived fuel simultaneously, in which coal is
introduced to the combustion zone by a mechanism that throws the fuel
onto a grate from above. Combustion takes place both in suspension and
on the grate.
Standard conditions when referring to units of measure mean a
temperature of 20 deg.C and a pressure of 101.3 kilopascals.
Startup period means the period when a municipal waste combustion
unit begins the continuous combustion of municipal solid waste. It does
not include any warmup period during which the municipal waste
combustion unit combusts fossil fuel or other solid waste fuel but
receives no municipal solid waste.
Stoker (refuse-derived fuel) combustion unit means a steam
generating unit that combusts refuse-derived fuel in a semisuspension
combusting mode, using air-fed distributors.
Total mass dioxins/furans or total mass means the total mass of
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as
determined using EPA Reference Method 23 and the procedures specified
in Sec. 60.1300.
Twenty-four hour daily average or 24-hour daily average means
either the arithmetic mean or geometric mean (as specified) of all
hourly emission concentrations when the municipal waste combustion unit
operates and combusts municipal solid waste measured during the 24
hours between 12:00 midnight and the following midnight.
Untreated lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products.
Untreated 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.
Waterwall furnace means a municipal waste combustion unit that has
energy (heat) recovery in the furnace (for example, radiant heat
transfer section) of the combustion unit.
Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. They come 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 that are exempt
from the definition of ``municipal solid waste'' in this section.
(2) Clean wood that is exempt from the definition of ``municipal
solid waste'' in this section.
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[FR Doc. 99-21547 Filed 8-27-99; 8:45 am]
BILLING CODE 6560-50-P