[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3554-3599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31203]



[[Page 3553]]

Vol. 82

Wednesday,

No. 7

January 11, 2017

Part IV





Environmental Protection Agency





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40 CFR Part 62





Federal Plan Requirements for Commercial and Industrial Solid Waste 
Incineration Units; Proposed Rule

Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / 
Proposed Rules

[[Page 3554]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2016-0664; FRL-9957-11-OAR]
RIN 2060-AT28


Federal Plan Requirements for Commercial and Industrial Solid 
Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes the federal plan for existing commercial 
and industrial incineration (CISWI) units. This proposed action 
implements the Environmental Protection Agency's (EPA) emission 
guidelines (EG) adopted on February 7, 2013, as amended on June 23, 
2016, in states that do not have an approved state plan implementing 
the EG in place by the effective date of this federal plan. The federal 
plan will result in emissions reductions of certain pollutants from all 
affected units covered.

DATES: Comments. Comments must be received on or before February 27, 
2017.
    Public Hearing. A public hearing will be held if requested by 
January 17, 2017.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2016-0664 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, Cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Dr. Nabanita Modak Fischer, Fuels and 
Incineration Group, Sector Policies and Programs Division (E143-05), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5572; fax number: (919) 541-3470; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2016-0664. All documents in the docket are 
listed in the Regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in Regulations.gov or in 
hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 
1301 Constitution Avenue NW., Washington, DC. The Public Reading Room 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the EPA Docket Center is 
(202) 566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2016-0664. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit information that you consider to be CBI or 
otherwise protected through http://www.regulations.gov or email. The 
http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should not include 
special characters or any form of encryption and be free of any defects 
or viruses. For additional information about the EPA's public docket, 
visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    Public Hearing. A public hearing will be held, if requested by 
January 17, 2017, to accept oral comments on this proposed action. If a 
hearing is requested, it will be held at the EPA WJC East Building, 
Room 1117A, located at 1201 Constitution Avenue NW., Washington, DC. 
The hearing, if requested, will begin at 9:00 a.m. (local time) and 
will conclude at 4:00 p.m. (local time) on January 30, 2017, or, 
January 26, 2017, whichever date is later. To request a hearing, to 
register to speak at a hearing, or to inquire if a hearing will be 
held, please contact Aimee St. Clair at (919) 541-1063 or by email at 
[email protected]. The last day to pre-register to speak at a 
hearing, if one is held, will be January 24, 2017. Additionally, 
requests to speak will be taken the day of the hearing at the hearing 
registration desk, although preferences on speaking times may not be 
able to be fulfilled. Please note that registration requests received 
before the hearing will be confirmed by the EPA via email.
    The EPA will make every effort to accommodate all speakers who 
arrive and register. Because the hearing will be held at a U.S. 
governmental facility, individuals planning to attend the hearing 
should be prepared to show valid picture identification to the security 
staff in order to gain access to the meeting room. Please note that the 
REAL ID Act, passed by Congress in 2005, established new requirements 
for entering federal facilities. If your driver's license is issued by 
Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, 
Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of 
Washington, you must present an additional form of identification to 
enter the federal building. Acceptable alternative forms of 
identification include: Federal employee badges, passports, enhanced 
driver's licenses and military identification cards. In addition, you 
will need to obtain a property pass for any personal belongings you 
bring with you. Upon leaving the building, you will be required to 
return this property pass to the security desk. No large signs will be 
allowed in the building, cameras may only be used outside of the 
building and demonstrations will not be

[[Page 3555]]

allowed on federal property for security reasons.
    Please note that any updates made to any aspect of the hearing, 
including whether or not a hearing will be held, will be posted online 
at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. We ask that you 
contact Aimee St. Clair at (919) 541-1063 or by email at 
[email protected] or monitor our Web site to determine if a hearing 
will be held. The EPA does not intend to publish a document in the 
Federal Register announcing any such updates. Please go to https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new for more information on the 
public hearing.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

AG Attorney General
CAA Clean Air Act
CBI Confidential business information
Cd Cadmium
CFR Code of Federal Regulations
CISWI Commercial and industrial solid waste incineration
CO Carbon monoxide
CPMS Continuous parameter monitoring system
dscm Dry standard cubic meter
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
ESP Electrostatic precipitator
FF Fabric filter
HAP Hazardous air pollutants
HCl Hydrogen chloride
Hg Mercury
IBR Incorporation by reference
ICR Information collection request
MACT Maximum achievable control technology
mg/dscm Milligrams per dry standard cubic meter
NAICS North American Industrial Classification System
NESHAP National emission standards for hazardous air pollutants
ng/dscm Nanograms per dry standard cubic meter
NOX Nitrogen oxides
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PCB Hydrocarbons and polychlorinated biphenyls
PCDD Polychlorinated dibenzo-p-dioxins
PCDF Polychlorinated dibenzofurans
PM Particulate matter (filterable, unless otherwise specified)
PM2.5 Particulate matter (diameter less than or equal to 
2.5 micrometers)
ppm Parts per million
ppmv Parts per million by volume
ppmvd Parts per million by dry volume
PS Performance Specification
RCRA Resource Conservation and Recovery Act
RIN Regulatory Information Number
SO2 Sulfur dioxide
The Court United States Court of Appeals for the District of 
Columbia Circuit
Tpy Tons per year
ug/dscm Micrograms per dry standard cubic meter
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards

    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information
    A. Does the proposed action apply to me?
    B. What should I consider as I prepare my comments?
II. Background Information
    A. What is the regulatory development background for this 
proposed rule?
    B. What is the purpose of this proposed rule?
    C. What is the status of state plan submittals?
III. Affected Facilities
    A. What is a CISWI unit?
    B. Does the federal plan apply to me?
    C. How do I determine if my CISWI unit is covered by an approved 
and effective state plan?
IV. Elements of the CISWI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected CISWI Units
    C. Inventory of Emissions
    D. Compliance Schedules
    E. Emissions Limits and Operating Limits
    F. Operator Training and Qualification Requirements
    G. Testing, Monitoring, Recordkeeping, and Reporting 
Requirements
    H. Record of Public Hearings
    I. Progress Reports
V. Summary of Proposed CISWI Federal Plan Requirements
    A. What are the proposed applicability requirements?
    B. What are the proposed compliance schedules?
    C. What emissions and operating limits is the EPA proposing to 
incorporate into the federal plan?
    D. What are the proposed performance testing and monitoring 
requirements?
    E. What are the proposed recordkeeping and reporting 
requirements?
    F. What are the other proposed requirements?
VI. CISWI Units That Have or Will Shut Down
    A. Units That Plan to Close
    B. Inoperable Units
    C. CISWI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Mechanisms for Transferring Authority
    C. Implementing Authority
    D. Delegation of the Federal Plan and Retained Authorities
VIII. Title V Operating Permits
    A. Title V and Delegation of a Federal Plan
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does the proposed action apply to me?

    Regulated Entities. Owners or operators of existing CISWI units 
that are subject to the existing federal plan implementing the December 
1, 2000 EG, and units not already subject to an EPA-approved and 
effective state plan implementing the February 7, 2013, EG, may be 
regulated by this final action. Existing CISWI units are those that 
commenced construction on or before June 4, 2010 or that commenced 
modification or reconstruction after June 4, 2010 but no later than 
August 7, 2013. Regulated categories and entities include those that 
operate CISWI units. Although there is no specific North American 
Industry Classification System (NAICS) code for CISWI units, these 
units may be operated by the categories of sources listed in Table 1:

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           Table 1--Examples of Potentially Regulated Entities
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                                                        Examples of
           Category               NAICS \1\ Code   potentially regulated
                                                          entities
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Any industrial or commercial        211, 212, 486  Mining; oil and gas
 facility using a solid waste                 221   exploration
 incinerator.                                       operations; pipeline
                                                    operators.
                                                   Utility providers.
                                    321, 322, 337  Manufacturers of wood
                                                    products;
                                                    manufacturers of
                                                    pulp, paper and
                                                    paperboard;
                                                    manufacturers of
                                                    furniture and
                                                    related products.
                                         325, 326  Manufacturers of
                                                    chemicals and allied
                                                    products;
                                                    manufacturers of
                                                    plastics and rubber
                                                    products.
                                              327  Manufacturers of
                                                    cement; nonmetallic
                                                    mineral product
                                                    manufacturing.
                                         333, 336  Manufacturers of
                                                    machinery;
                                                    manufacturers of
                                                    transportation
                                                    equipment.
                                          423, 44  Merchant wholesalers,
                                                    durable goods;
                                                    retail trade.
------------------------------------------------------------------------
\1\ North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a 
general guide for identifying entities likely to be affected by the 
proposed action. To determine whether a facility would be affected by 
this action, please examine the applicability criteria in 40 CFR 
62.14510 to 62.14525 of subpart III being proposed here. Questions 
regarding the applicability of this action to a particular entity 
should be directed to the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

B. What should I consider as I prepare my comments?

    Submitting CBI. Do not submit information that you consider to be 
CBI electronically through http://www.regulations.gov or email. For 
comments on the CISWI Federal Plan proposal, send or deliver 
information identified as CBI to only the following address: OAQPS 
Document Control Officer (Room C404-02), U.S. EPA, Research Triangle 
Park, North Carolina 27711, Attn: Docket ID No. EPA-HQ-OAR-2016-0664.
    Clearly mark the part or all of the information that you claim to 
be CBI. For CBI on a disk or CD-ROM that you mail to the EPA, mark the 
outside of the disk or CD-ROM as CBI and then identify electronically 
within the disk or CD-ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information marked as CBI will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed action is available on the Internet 
through the Technical Air Pollution Resources Web site. Following 
signature by the Administrator, the EPA will post a copy of this 
proposed action at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. The Technical Air Pollution Resources Web site provides 
information and technology exchange in various areas of air pollution 
control. Additional information is also available at the same Web site.

II. Background Information

A. What is the regulatory development background for this proposed 
rule?

    Section 129 of the Clean Air Act (CAA), titled, ``Solid Waste 
Combustion,'' requires the EPA to develop and adopt standards for solid 
waste incineration units pursuant to CAA sections 111 and 129.
    On March 21, 2011, the EPA promulgated revised new source 
performance standards (NSPS) and EG for CISWI units. Following this 
action, the Administrator received petitions for reconsideration that 
identified certain issues that warranted further opportunity for public 
comment. In response to the petitions, the EPA reconsidered and 
requested comment on several provisions of the February 2011 final NSPS 
and EG for CISWI incineration units. The EPA published the proposed 
revisions to the NSPS and EG for CISWI units on December 23, 2011 (76 
FR 80452).
    On February 7, 2013, the EPA promulgated the final reconsidered 
NSPS and EG for CISWI units (78 FR 9112). The final rule made some 
revisions to the December 2011 proposed reconsideration rule in 
response to comments and additional information received. Following 
that action, the EPA again received petitions for reconsideration. 
These petitions stated certain provisions should be reconsidered and 
that the public lacked sufficient opportunity to comment on some of the 
provisions contained in the final 2013 CISWI rule. On January 21, 2015, 
the EPA reconsidered and requested comment on four provisions of the 
2013 final NSPS and EG for CISWI units. Additionally, the EPA proposed 
clarifying changes and corrections to the final rule, some of which 
were raised in petitions for reconsideration of the 2013 CISWI rule. On 
June 23, 2016, the EPA promulgated the final reconsidered NSPS and EG 
for CISWI units (81 FR 40956). For a more detailed background and 
additional information on how this rule is related to other CAA 
combustion rules issued under CAA section 112 and the Resource 
Conservation and Recovery Act (RCRA) definition of solid waste, refer 
to prior documents (76 FR 15704, 78 FR 9112).
    Sections 111(b) and 129(a) of the CAA address emissions from new 
units (i.e., NSPS), and CAA sections 111(d) and 129(b) address 
emissions from existing units (i.e., EG). The NSPS are federal 
regulations directly enforceable upon CISWI units, and, under CAA 
section 129(f)(1), become effective 6 months after promulgation. Unlike 
the NSPS, the EG provide direction for developing state plans; however, 
the EG are not themselves directly enforceable. The EG are implemented 
and enforced under an EPA approved state or tribal plan or EPA adopted 
federal plan once the state, tribal, or federal plan has become 
effective.
    Section 129(b)(2) of the CAA directs states with existing CISWI 
unit(s) subject to the EG to submit plans to the EPA that implement and 
enforce the EG. The deadline for states to submit state plans to the 
EPA for review was February 7, 2014 (see 78 FR 9121-2, February 7, 
2013).\1\ Sections 111 and 129(b)(3) of the CAA and 40 CFR 60.27(c) and 
(d) require the EPA to develop, implement and enforce a federal plan 
for CISWI units in any state without an approvable state plan within

[[Page 3557]]

2 years after promulgation of the EG. This action proposes the CISWI 
Federal Plan. In this proposal, the EPA is soliciting comment only on 
the implementation of the final CISWI EG through the proposed federal 
plan. The EPA is not reopening the underlying CISWI rule for public 
comment and does not intend to address any comments on the underlying 
CISWI rule.\2\
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    \1\ Several states did not submit plans to the EPA by this date.
    \2\ Many aspects of the CISWI rule were challenged in the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit or Court) in American Forest and Paper Association (AFPA) v. 
EPA, and the Court rejected all challenges to the standards and 
other provisions being implemented in this federal plan. See AFPA v. 
EPA, 830 F.3d 579 (D.C. Cir. 2016).
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    The EPA anticipates that facilities in approximately eight states 
and four U.S. territories will need to rely on the CISWI Federal Plan.

B. What is the purpose of this proposed rule?

    Section 129(b)(2) of the CAA requires states to implement the EG 
for existing solid waste incineration units, including CISWI units. 
States with existing CISWI units were required to submit to the EPA 
within 1 year following promulgation of the EG (by February 7, 2014) 
state plans that are at least as protective as the EG. Sections 111 and 
129 of the CAA and 40 CFR 60.27(c) and (d) require the EPA to develop, 
implement, and enforce a federal plan in states which have not 
submitted an approvable plan. The EPA is proposing the CISWI Federal 
Plan so that a promulgated federal plan will be effective in any state 
that fails to provide an approvable state plan, thus, ensuring 
implementation and enforcement of the final CISWI EG.
    The regulations require states without any existing CISWI units to 
submit to the Administrator a letter of negative declaration certifying 
that there are no CISWI units in the state (See 40 CFR 62.06). No plan 
is required for states that do not have any CISWI units. CISWI units 
located in states that mistakenly submit a letter of negative 
declaration are subject to the federal plan, once effective, until a 
state plan regulating those CISWI units is approved. State plans that 
have been submitted to implement the final CISWI EG,\3\ have either 
been approved or are currently undergoing EPA review. This proposed 
CISWI Federal Plan will implement the final CISWI EG in those states 
that do not have an approved state plan in place by the effective date 
of this federal plan. If a state or tribal plan is approved in part, 
the federal plan will apply to the affected CISWI units in lieu of the 
disapproved portions of the state plan until the state or tribe 
addresses the deficiencies in the state plan and the revised state plan 
is approved by the EPA. Prior to any disapproval, the EPA will work 
with states and tribes to attempt to reconcile areas of the plan that 
remain inconsistent with the EG.
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    \3\ The ``final CISWI EG'' means the provision of 40 CFR part 
60, subpart DDDD, including the revisions published on June 23, 2016 
(81 FR 40956). As noted in the June 23 2016 preamble, the final 
CISWI EG action granted reconsideration and addressed certain 
aspects of the February 7 2013, rule, which itself was issued to 
grant reconsideration of aspects of the March 21 2011, rule. See 
Section II.A of this preamble for more discussion on the background 
of the final CISWI EG.
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    Incineration of solid waste at commercial and industrial facilities 
causes the release of a wide array of air pollutants, some of which 
exist in the waste feed material and are released unchanged during 
combustion, and some of which are generated as a result of the 
combustion process itself.\4\ The EPA estimated in the 2013 rule that 
once the state plans and federal plan become effective, a total 
emissions reduction of the regulated pollutants would occur as follows: 
Acid gases (i.e., hydrogen chloride (HCl) and sulfur dioxoide 
(SO2)), about 7,046 tons per year (tpy); particulate matter 
(PM) about 2,401 tpy; non-Hg metals (i.e., lead (Pb) and cadmium (Cd)) 
about 4.5 tpy; carbon monoxide (CO) about 20,000 tpy; nitrogen oxide 
(NOX) about 5,399 tpy; and mercury (Hg) about 688 pounds per 
year. The EPA also estimated that air pollution control devices 
installed to comply with the 2013 rule would also effectively reduce 
emissions of pollutants such as 7-polycyclic aromatic hydrocarbons and 
polychlorinated biphenyls (PCB).\5\ The 2016 rule did not significantly 
change the emission reduction estimates presented in the 2013 rule, 
other than estimating slightly less in PM reductions for the waste-
burning kiln subcategory (See 81 FR 40969, June 23, 2016).
---------------------------------------------------------------------------

    \4\ See 78 FR 9131-9133 to reference the impacts of the EG 
adopted on February 7, 2013.
    \5\ See 75 FR 31970 (June 4, 2010), where polycyclic organic 
matter (POM) and polychlorinated biphenyl (PCB) emission reductions 
are discussed.
---------------------------------------------------------------------------

C. What is the status of state plan submittals?

    Sections 111(d) and 129(b)(3) of the CAA, 42 U.S.C. 7411(d) and 
7429(b)(3), authorize and require the EPA to develop and implement a 
federal plan for CISWI units located in states with no approved and 
effective state plan. Table 2 below lists the status of state plans as 
of the signature date for this proposal. Additionally, Table 2 lists 
states and local agencies that submitted negative declarations and/or 
those which have indicated that they intend to take delegation of the 
federal plan.

              Table 2--Status of State and Territory Plans
------------------------------------------------------------------------
                 Status                               States
------------------------------------------------------------------------
I. EPA-Approved Implementation Plans...  None so far.
II. Indicated intent to Submit Negative  Massachusetts; Delaware;
 Declarations to the EPA.                 Maryland; North Carolina;
                                          Georgia; Mississippi;
                                          Minnesota; Arizona;
                                          California; Hawaii; Idaho.
III. Negative Declaration Submitted to   Connecticut; New Hampshire;
 the EPA.                                 Vermont; Rhode Island; Virgin
                                          Islands; District of Columbia;
                                          New Mexico; City of
                                          Albuquerque; Montana.
IV. Final Implementation Plans           Alabama; Florida; South
 Submitted to the EPA.                    Carolina; North Dakota;
                                          Oregon.
V. Draft Implementation Plans Submitted  West Virginia; Virginia.
 to the EPA.
VI. EPA Has Not Received a Draft or      New York; Illinois; Indiana;
 Final Implementation Plan or Negative    Texas; Louisiana; Oklahoma;
 Declaration.                             Arkansas; Kansas; Missouri;
                                          Nebraska; Utah; Wyoming; South
                                          Dakota; Washington.
VII. Indicated Intent to Submit State    Kentucky; Tennessee; Michigan;
 Implementation Plan to the EPA.          Colorado.
VIII. Indicated Intent to Accept         Maine; New Jersey; Puerto Rico;
 Delegation of Federal Plan.              Pennsylvania.
IX. Indicated Intent to Accept Federal   Ohio; Wisconsin; Iowa; Nevada;
 Plan Implementation by the EPA.          American Samoa; Guam; Alaska;
                                          Commonwealth of the Northern
                                          Mariana Islands.
------------------------------------------------------------------------


[[Page 3558]]

    As the EPA Regional offices approve implementation plans, they will 
also, in the same action, amend the appropriate subpart of 40 CFR part 
62 to codify their approvals. The EPA will maintain a list of 
implementation plan submittals and approvals on the Technical Air 
Pollution Resources Web site at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. The list will help CISWI unit owners or operators determine 
whether their CISWI units are affected by a state plan or the federal 
plan.
    CISWI owners or operators can also contact the EPA Regional office 
for the state in which their CISWI units are located to determine 
whether there is an approved and effective state plan in place. Table 3 
lists the names, email addresses, and telephone numbers of the EPA 
Regional office contacts and the states and territories that they 
cover.

                                        Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
             Region                    Regional contact             Phone             States and territories
----------------------------------------------------------------------------------------------------------------
Region I........................  Patrick Bird,                  (617) 918-1287  Connecticut, Massachusetts,
                                   [email protected].                          Maine, New Hampshire, Rhode
                                                                                  Island, Vermont.
Region II.......................  Ted Gardella,                  (212) 637-3892  New York, New Jersey, Puerto
                                   [email protected].                      Rico, Virgin Islands.
Region III......................  Mike Gordon,                   (215) 814-2039  Virginia, Delaware, District of
                                   [email protected].                           Columbia, Maryland,
                                                                                  Pennsylvania, West Virginia.
Region IV.......................  Keith Goff,                    (404) 562-9137  Florida, Georgia, North
                                   [email protected].           (404) 562-9208   Carolina, Alabama, Kentucky,
                                  Jason Dressler,                (404) 562-9013   Mississippi, South Carolina,
                                   [email protected].                        Tennessee.
                                  Mark Bloeth,
                                   [email protected].
Region V........................  Margaret Sieffert,             (312) 353-1151  Minnesota, Wisconsin, Illinois,
                                   [email protected].                     Indiana, Michigan, Ohio.
Region VI.......................  Kenneth Boyce,                 (214) 665-7259  Arkansas, Louisiana, New
                                   [email protected].                         Mexico, Oklahoma, Texas.
Region VII......................  Lisa Hanlon,                   (913) 551-7599  Iowa, Kansas, Missouri,
                                   [email protected].                           Nebraska.
Region VIII.....................  Ethan Aumann,                  (303) 312-6773  Colorado, Montana, North
                                   [email protected].                          Dakota, South Dakota, Utah,
                                                                                  Wyoming.
Region IX.......................  Shaheera Kelly,                (415) 972-3943  Arizona, California, Hawaii,
                                   [email protected].      (415) 972-3965   Nevada, American Samoa, Guam,
                                  Mark Sims,                                      Northern Mariana Islands.
                                   [email protected].
Region X........................  Katharine Owens,               (206) 553-1023  Washington.
                                   [email protected].
                                  John Pavitt,                   (907) 271-3688  Alaska.
                                   [email protected].          (206) 553-2117  Idaho, Oregon.
                                  Madonna Narvaez,
                                   [email protected].
----------------------------------------------------------------------------------------------------------------

III. Affected Facilities

A. What is a CISWI unit?

    A ``CISWI'' unit is any unit located at a commercial or industrial 
facility that combusts any amount of solid waste, as defined in 40 CFR 
part 241, that is not otherwise exempted from CISWI. See 40 CFR 60.2555 
(listing solid waste incineration units that are not subject to CISWI). 
The affected facility under CISWI is each individual CISWI unit. This 
proposed federal plan defines four subcategories for existing CISWI 
units in 40 CFR part 62.14840 of subpart III: Incinerators (i.e., units 
designed to burn discarded waste materials for the purpose of 
disposal); small, remote incinerators; energy recovery units (ERUs) 
(i.e., units that would be boilers or process heaters if they did not 
combust solid waste); and waste burning kilns (i.e., units that would 
be cement kilns if they did not combust solid waste). We have further 
subcategorized ERUs into three subcategories and waste burning kilns 
into two subcategories for CO emission limits only.

B. Does the federal plan apply to me?

    The federal plan will apply to the owner or operator of an existing 
CISWI unit that was constructed on or before June 4, 2010, or commenced 
modification or reconstruction after June 4, 2010, but no later than 
August 7, 2013, and that is not subject to an approved and effective 
state plan as of the effective date of the final federal plan 
notice.\6\ The federal plan would apply to the CISWI unit until the EPA 
approves a state plan that regulates the CISWI unit and that state plan 
becomes effective.\7\ If the construction of a CISWI unit began after 
June 4, 2010, or modification of a CISWI unit began after August 7, 
2013, the unit is a new CISWI unit and would be subject to the NSPS at 
40 CFR part 60, subpart CCCC. The specific applicability of the 
proposed federal plan is described at 40 CFR 62.14510 through 62.14531 
of subpart III in the proposed rule.
---------------------------------------------------------------------------

    \6\ The federal plan will become effective 30 days after final 
promulgation.
    \7\ A state plan is effective on the date specified in the 
document published in the Federal Register announcing the EPA's 
approval of the plan.
---------------------------------------------------------------------------

    This action will not preclude states from submitting a state plan 
at a later time. If a state submits a plan after the promulgation of 
the CISWI Federal Plan, the EPA will review and approve or disapprove 
the state plan.\8\ If the EPA approves a plan, then the CISWI Federal 
Plan will no longer apply to CISWI units covered by the state plan. If 
a CISWI unit was overlooked by a state and the state submitted a 
negative declaration letter, or if an individual CISWI unit was not 
covered by an approved and effective state plan, the CISWI unit would 
be subject to the federal plan after the effective date of the final 
plan.
---------------------------------------------------------------------------

    \8\ An approved state plan is a plan developed by a state that 
the EPA has reviewed and approved based on the requirements in 40 
CFR part 60, subpart B, to implement 40 CFR part 60, subpart DDDD.
---------------------------------------------------------------------------

C. How do I determine if my CISWI unit is covered by an approved and 
effective state plan?

    Part 62 of Title 40 of the CFR identifies the status of approval 
and promulgation of CAA section 111(d) and CAA section 129(b) state 
plans for designated facilities in each state. However, the print 
version of 40 CFR part 62 is updated only once per year. Thus, if 40 
CFR part 62 does not indicate that a state has an approved and 
effective plan, please contact the state environmental agency's air 
director or the EPA's Regional office (see Table 3 in section II.C of 
this preamble) to determine if a state plan was approved since 
publication of the most recent version of 40 CFR part 62. Also note 
that the Electronic Code of Federal

[[Page 3559]]

Regulations (http://www.ecfr.gov/cgi-bin/ECFR?page=browse) is updated 
periodically, so may be a better source to obtain an update on state 
plan status.

IV. Elements of the CISWI Federal Plan

    Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require states to develop and implement state plans for 
CISWI units to implement and enforce the final EG. Accordingly, subpart 
DDDD of 40 CFR part 60 requires states to submit state plans that 
include specified elements. Because this proposed federal plan will 
establish standards in the absence of an approved and effective state 
plan, this proposed plan includes the same essential elements as a 
state plan: (1) Identification of legal authority and mechanisms for 
implementation; (2) inventory of CISWI units; (3) emissions inventory; 
(4) compliance schedules; (5) emissions limits and operating limits; 
(6) operator training and qualification; (7) testing, monitoring, 
recordkeeping, and reporting; (8) public hearing; and (9) progress 
reporting. See Proposed regulations at 40 CFR part 62, subpart III and 
sections 111 and 129 of the CAA. Below, we explain the proposed federal 
plan elements in detail.

A. Legal Authority and Enforcement Mechanism

    Sections 111(d) and 129(b)(3) of the CAA direct the EPA to develop 
a federal plan for states that do not submit approvable state plans. 
Sections 111 and 129 of the CAA provide the EPA with the authority to 
implement and enforce the federal plan in cases where the state fails 
to submit a satisfactory state plan. Pursuant to section 129(f)(2), 
compliance with the EG cannot be later than 5 years after the relevant 
EG are promulgated (i.e., by February 7, 2018).\9\
---------------------------------------------------------------------------

    \9\ See 78 FR 9125-6 (February 7, 2013) for further discussion 
on compliance dates.
---------------------------------------------------------------------------

B. Inventory of Affected CISWI Units

    The docket for the proposed federal plan includes an inventory of 
the CISWI units that may potentially be covered by this federal plan in 
the absence of approved state plans. (See Docket ID No. EPA-HQ-OAR-
2016-0664 and 40 CFR 62.14521.) This inventory contains 106 CISWI units 
in 28 states. It is based on information collected from EPA Regions, 
states, CISWI facilities, and review of existing CISWI inventories, 
title V permits, emissions test reports, and facility Web sites. The 
EPA recognizes that this list may not be complete. Therefore, sources 
potentially subject to this proposed federal plan may include, but are 
not limited to, the CISWI units listed in Docket No. EPA-HQ-OAR-2016-
0664. Any unit that meets the applicability criteria in the proposed 
federal plan rule will be subject to the federal plan, regardless of 
whether it is listed in the inventory. The EPA requests that states or 
individuals identify additional sources for inclusion on the list 
during the comment period for this proposal.

C. Inventory of Emissions

    This proposed federal plan includes emissions estimates for 
existing CISWI units. The pollutants inventoried are Cd, CO, 
polychlorinated dibenzo-p-dioxins/polychlorinated dibenzofurans (PCDD/
PCDF), HCl, Pb, Hg, PM, NOX, and SO2. For this 
proposal, the EPA has estimated the emissions from each known CISWI 
unit that potentially may be covered by the proposed federal plan for 
the nine pollutants regulated by the EG and covered by the proposed 
federal plan. The emissions inventory is based on available information 
about CISWI units and typical emissions rates developed for calculating 
nationwide air impacts of the EG. Refer to the inventory memorandum 
``CISWI Federal Plan Inventory,'' December 9, 2016 in Docket No. EPA-
HQ-OAR-2016-0664 for the complete updated emissions inventory.

D. Compliance Schedules

    The CAA provides that owners or operators of affected CISWI units 
must comply no later than 5 years after the effective date of the final 
CISWI EG (i.e., February 7, 2018) or within 3 years from state plan 
approval (or promulgation of a federal plan), whichever is earlier. See 
CAA section 129(f)(2). The EPA aims to take final action on this 
proposal in 2017 and, thus, proposes to allow the maximum time 
statutorily permitted for compliance with the federal plan, that is 
until February 7, 2018.

E. Emissions Limits and Operating Limits

    The proposed federal plan contains emissions limits that correspond 
to the final CISWI EG. (See 40 CFR 62.14630 through 62.14645.) The 
emissions limits in this proposed CISWI Federal Plan are the same as 
those contained in the final CISWI EG. (See proposed Table 5 of this 
preamble.) This action does not revise the final limits; instead, it 
simply implements the previously promulgated limits for existing 
sources in states that have not adopted a state plan. Section V.C of 
this preamble discusses the final CISWI EG emissions limits.

F. Operator Training and Qualification Requirements

    The proposed federal plan requires that the owner or operator must 
qualify operators or their supervisors (at least one per facility) by 
ensuring that they complete an operator training course and annual 
review or refresher course. (See 40 CFR 62.14595 through 62.14625.) 
This proposed federal plan also contains operator training and 
qualification requirements that correspond to the final CISWI EG.

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    The proposed federal plan includes testing, monitoring, 
recordkeeping, and reporting requirements. (See 40 CFR 62.14650 through 
62.14760.) These proposed requirements correspond with the final CISWI 
EG. Testing, monitoring, recordkeeping and reporting requirements will 
assure initial and ongoing compliance.

H. Record of Public Hearings

    This proposed federal plan provides an opportunity for public 
participation in adopting the plan. If requested to do so, the EPA will 
hold a public hearing at the EPA's office buildings in Washington, DC. 
A record of the public hearing, if any, will appear in Docket ID No. 
EPA-HQ-OAR-2016-0664. If a public hearing is requested and held, the 
EPA may ask clarifying questions during the oral presentation, but will 
not respond to the presentations or comments at that time. Written 
statements and supporting information submitted during the public 
comment period will be considered with equivalent weight as any oral 
statement and supporting information subsequently presented at a public 
hearing, if held.

I. Progress Reports

    The proposed federal plan requests that the EPA Regional Offices 
prepare annual progress reports to show the progress of CISWI units 
toward implementation of the EG. States that have been delegated the 
authority to implement and enforce this federal plan will be required 
to submit annual progress reports to the appropriate EPA Regional 
Office as part of their delegation (See section VII.D). Each progress 
report must include the following items: (1) Status of enforcement 
actions; (2) identification of sources that have shut down or started 
operation; (3) emissions inventory data for sources that were not in 
operation at the time of plan development, but that began operation 
during the reporting period; (4)

[[Page 3560]]

additional data as necessary to update previously submitted source and 
emissions information; and (5) copies of technical reports on any 
performance testing and monitoring. The EPA plans to request that the 
EPA Regional offices prepare progress reports to show the progress of 
CISWI units towards the implementation of EG.

V. Summary of Proposed CISWI Federal Plan Requirements

    The proposed CISWI Federal Plan requirements are described below. 
Table 4 lists each element and identifies where it is located or 
codified.

          Table 4--Elements of the Proposed CISWI Federal Plan
------------------------------------------------------------------------
   Element of the CISWI Federal Plan                 Location
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3), 111(d),
 mechanism.                               301(a), and 301(d)(4) of the
                                          CAA.
Inventory of affected CISWI units......  Docket ID No. EPA-HQ-OAR-2016-
                                          0664.
Inventory of emissions.................  Docket ID No. EPA-HQ-OAR-2016-
                                          0664.
Compliance schedules...................  40 CFR 62.14535 to 62.14575.
Emissions limits and operating limits..  40 CFR 62.14630 to 62.14645.
Operator training and qualification....  40 CFR 62.14595 to 62.14625.
Testing, monitoring, recordkeeping and   40 CFR 62.14650 to 62.14760.
 reporting.
Record of public hearings..............  Docket ID No. EPA-HQ-OAR-2016-
                                          0664.
Progress reports.......................  Section IV.I of this preamble.
------------------------------------------------------------------------

A. What are the proposed applicability requirements?

    The proposed federal plan applicability reflects the final CISWI 
EG. The proposed federal plan applies to existing CISWI units meeting 
the applicability of 40 CFR 62.14510 that are located in any state that 
does not currently have an approved state plan in place. Existing CISWI 
units are all CISWI units for which construction commenced on or before 
June 4, 2010. All CISWI units for which construction commenced after 
June 4, 2010, or for which modification or reconstruction commenced 
after August 7, 2013, are ``new'' sources subject to NSPS emissions 
limits (40 CFR part 60, subpart CCCC). The federal plan requirements 
apply to owners and/or operators of incineration units combusting solid 
waste (as defined under RCRA) and located at commercial or industrial 
facilities (i.e., CISWI units (as defined in the proposed rule at 40 
CFR 62.14840)). Four subcategories are defined for existing units: 
incinerators (i.e., units designed to burn discarded waste materials 
for the purpose of disposal); small, remote incinerators; ERUs (i.e., 
units that would be boilers or process heaters if they did not combust 
solid waste); and waste burning kilns (i.e., units that would be cement 
kilns if they did not combust solid waste). The final CISWI EG further 
subcategorized ERUs into three subcategories and waste burning kilns 
into two subcategories for CO emission limits only.

B. What are the proposed compliance schedules?

    The proposed federal plan requires owners or operators of CISWI 
units to come into compliance by February 7, 2018. The final CISWI EG 
included increments of progress in the compliance schedule. However, we 
are not including increments of progress as a compliance pathway for 
the proposed federal plan. Increments of progress were included in the 
EG to establish obligations that would apply to sources planning to 
take more than one year from approval of the state plan to comply. The 
increments would help ensure that sources planning to take more than 
one year to comply would make some incremental progress toward 
compliance after the first year. The increments did not require any 
additional action within one year of approval of a state plan (or 
promulgation of a federal plan). The EPA aims to take final action on 
this proposal in 2017. As explained above (see section IV.D of this 
preamble), the statute requires all sources to fully comply by February 
2018 (i.e., 5 years after promulgation of the relevant EG). As 
explained above, the increments of progress contained in the final EG 
do not require any additional action within one year of promulgation of 
a federal plan. Thus, including the increments of progress in this 
federal plan would serve no meaningful purpose and may create 
confusion. For this reason, the EPA is not proposing to include 
increments of progress in this federal plan.
    If a CISWI unit does not achieve final compliance by February 7, 
2018, the proposed federal plan requires the CISWI unit to shut down by 
February 7, 2018, complete the retrofit while not operating, and be in 
compliance upon restarting. A CISWI unit that operates out of 
compliance after the final compliance date would be in violation of the 
federal plan and subject to enforcement action.

C. What emissions and operating limits is the EPA proposing to 
incorporate into the federal plan?

    The EPA proposes to incorporate the EG emissions and operating 
limits from the final CISWI EG into this proposed CISWI Federal Plan. 
Table 5 of this preamble summarizes the EG emissions limits 
promulgated, as well as provides the existing CISWI Federal Plan 
emission limits (currently applicable only to existing incinerators) 
for comparison. Existing sources may comply with either the PCDD/PCDF 
toxicity equivalence or total mass balance emission limits. These 
standards apply at all times. Facilities will be required to establish 
site-specific operating limits derived from the results of performance 
testing. The site-specific operating limits are established as the 
minimum (or maximum, as appropriate) operating parameter value measured 
during the performance test. These operating limits will result in 
achievable operating ranges that will ensure that the control devices 
used for compliance will be operated to achieve continuous compliance 
with the emissions limits. Further discussion on performance testing 
can be found in section V.D of this preamble.

[[Page 3561]]



                                      Table 5--Summary of EG Emissions Limits Promulgated for Existing CISWI Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              CISWI Subcategories
                                        Incinerators  --------------------------------------------------------------------------------------------------
        Pollutant (units) \1\            (2000 CISWI                                              ERUs--liquid/                            Small, remote
                                           limit)       Incinerators         ERUs--solids              gas         Waste-burning kilns     incinerators
--------------------------------------------------------------------------------------------------------------------------------------------------------
HCl (parts per million by volume                   62              29  0.20 (biomass units)/58               14  3.0....................             300
 (ppmv)).                                                               (coal units).
CO (ppmv)............................             157              17  260 (biomass units)/95                35  110 (long kilns)/790                 64
                                                                        (coal units).                             (preheater/
                                                                                                                  precalciner).
Pb (mg/dscm).........................            0.04           0.015  0.014 (biomass units)/             0.096  0.014..................             2.1
                                                                        0.057 (coal units).
Cd (mg/dscm).........................           0.004          0.0026  0.0014 (biomass units)/            0.023  0.0014.................            0.95
                                                                        0.0017 (coal units).
Hg (mg/dscm).........................            0.47          0.0048  0.0022 (biomass units)/           0.0024  0.011..................          0.0053
                                                                        0.013 (coal units).
PM, filterable (mg/dscm).............              70              34  11 (biomass units)/130               110  13.5...................             270
                                                                        (coal units).
Dioxin, furans, total (ng/dscm)......      (no limit)             4.6  0.52 (biomass units)/5.1             2.9  1.3....................           4,400
                                                                        (coal units).
Dioxins and furans, TEQ (nanograms               0.41            0.13  0.12 (biomass units)/               0.32  0.075..................             180
 per dry standard cubic meter (ng/                                      0.075 (coal units).
 dscm)).
NOX (ppmv)...........................             388              53  290 (biomass units)/460               76  630....................             190
                                                                        (coal units).
SO2 (ppmv)...........................              20              11  7.3 (biomass units)/850              720  600....................             150
                                                                        (coal units).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All emission limits are expressed as concentrations corrected to 7 percent O2.

D. What are the proposed performance testing and monitoring 
requirements?

    The EPA is proposing several performance testing and monitoring 
provisions amendments to the current 2003 CISWI Federal Plan that are 
consistent with the requirements of the final CISWI EG. The following 
paragraphs list a number of testing and monitoring requirements in the 
final CISWI EG that are being proposed in the CISWI Federal Plan.
1. Performance Testing and Monitoring
    The proposed federal plan requires all CISWI units to demonstrate 
initial and continuous compliance with the final CISWI EG emission 
limits. These provisions require initial and annual performance tests 
and initial and annual inspections of scrubbers, fabric filters (FF), 
and other air pollution control devices that are used to meet the 
emission limits. In addition, a Method 22 (40 CFR part 60, appendix A-
7) visible emissions test of the ash handling operations is required 
during the initial and annual compliance test for all subcategories 
except waste-burning kilns, which do not have ash handling systems. 
Furthermore, for any CISWI unit that operates a FF air pollution 
control device, we are requiring that a bag leak detection system be 
installed to monitor the device. The proposed federal plan continues to 
require parametric monitoring of all other add-on air pollution control 
devices, such as wet scrubbers, dry scrubbers and activated carbon 
injection (ACI). CISWI units that install selective non-catalytic 
reduction technology to reduce NOX emissions are required to 
monitor the reagent (e.g., ammonia or urea) injection rate and 
secondary chamber temperature (if applicable to the CISWI unit). This 
proposed federal plan also requires subcategory-specific monitoring 
requirements in addition to the aforementioned inspection, bag leak 
detection, and parametric monitoring requirements that are applicable 
to all CISWI units. Existing incinerators, small, remote incinerators, 
and ERUs would have annual emissions testing for all nine pollutants: 
PM, SO2, HCl, NOX, CO, Pb, Cd, Hg, and dioxins 
and furans. Waste-burning kilns are required to monitor Hg and HCl (if 
no scrubber) emissions using a continuous emissions monitoring system, 
monitor PM emissions using a PM continuous parameter monitoring system 
(PM CPMS), and perform annual testing for the remaining pollutants. The 
proposed federal plan provides reduced annual testing requirements for 
all nine pollutants when testing results are shown to be well below the 
limits. If an ERU has a design capacity greater than 250 Million 
British Thermal units per hour, we are requiring a PM CPMS for PM 
monitoring for these units. For the PM CPMS, the EPA is further 
requiring that a site-specific parametric operating limit be 
established during the performance test, that there be continuous 
monitoring of that parametric limit using a PM CPMS, that four 
deviations within a 12-month operating period constitutes a violation 
and triggers immediate corrective action and a Method 5 performance 
test within 30 days with an additional 15 days to reestablish a site-
specific operating limit. Consistent with the final CISWI EG, we 
propose that all operating parameter averaging for ERU units be on a 
30-day rolling average and allow the sorbent injection parameter to be 
adjusted based on the ERU's load. These testing and monitoring 
provisions reflect those in the final CISWI EG.
    The proposed federal plan incorporates by reference three 
alternatives to the EPA reference test methods as shown in Table 6 
below.

            Table 6--List of Incorporation by Reference (IBR)
------------------------------------------------------------------------
                                                          IBR in 40 CFR
          Test method                  Publisher        part 62, subpart
                                                               III
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue  Available for purchase  Sec.  Sec.
 and Exhaust Gas Analyses        from the American       62.14670(s)(1)(
 [Part 10, Instruments and       Society of Mechanical   i),
 Apparatus].                     Engineers (ASME),       62.14670(s)(1)(
                                 Three Park Avenue,      ii),
                                 New York, NY 10016-     62.14670(t)(1)(
                                 5990, https://          ii), and
                                 www.asme.org/.          62.14670(t)(4)(
                                                         i).

[[Page 3562]]

 
ASTM D6784-02 (Reapproved       Available for purchase  Sec.  Sec.
 2008) Standard Test Method      from at least one of    62.14670(j),
 for Elemental, Oxidized,        the following           and Tables 1,
 Particle-Bound and Total        addresses: American     5, 6, and 8 to
 Mercury in Flue Gas Generated   Society for Testing     subpart III.
 from Coal-Fired Stationary      and Materials (ASTM),
 Sources (Ontario Hydro          100 Barr Harbor
 Method), approved April 1,      Drive, Post Office
 2008.                           Box C700, West
                                 Conshohocken, PA
                                 19428-2959; or
                                 ProQuest, 300 North
                                 Zeeb Road, Ann Arbor,
                                 MI 48106, http://www.astm.org/.
OAQPS Fabric Filter Bag Leak    Available from the      Sec.  Sec.
 Detection Guidance, EPA-454/R-  U.S. Environmental      62.14670(r)(3).
 98-015, September 1997.         Protection Agency,
                                 1200 Pennsylvania
                                 Avenue NW.,
                                 Washington, DC 20460,
                                 (202) 272-0167, http://www.epa.gov.
------------------------------------------------------------------------

    These tests are discussed further in section IX.I of this preamble, 
titled ``National Technology Transfer and Advancement Act (NTTAA) and 1 
CFR part 51.''
2. Electronic Data Submittal
    The EPA is proposing that owners and operators of CISWI units are 
required to submit electronic copies of certain required performance 
test reports through the EPA's Central Data Exchange (CDX) using the 
Compliance and Emissions Data Reporting Interface (CEDRI). This mirrors 
the final CISWI EG for CISWI units. The EPA believes that the 
electronic submittal of the reports addressed in this proposed 
rulemaking will increase the usefulness of the data contained in those 
reports, is in keeping with current trends in data availability, will 
further assist in the protection of public health and the environment 
and will ultimately result in less burden on the regulated community. 
It also will improve compliance by facilitating the ability of 
regulated facilities to demonstrate compliance and the ability of air 
agencies and the EPA to assess and determine compliance. Under current 
requirements, paper reports are often stored in filing cabinets or 
boxes, which make the reports more difficult to obtain and use for data 
analysis and sharing. Electronic storage of such reports would make 
data more accessible for review, analyses, and sharing. Electronic 
reporting can also eliminate paper-based, manual processes, thereby 
saving time and resources, simplifying data entry, eliminating 
redundancies, minimizing data reporting errors and providing data 
quickly and accurately to the affected facilities, air agencies, the 
EPA and the public.
    In 2011, in response to Executive Order 13563, the EPA developed a 
plan \10\ to periodically review its regulations to determine if they 
should be modified, streamlined, expanded or repealed in an effort to 
make regulations more effective and less burdensome. The plan includes 
replacing outdated paper reporting with electronic reporting. In 
keeping with this plan and the White House's Digital Government 
Strategy,\11\ in 2013 the EPA issued an agency-wide policy specifying 
that new regulations will require reports to be electronic to the 
maximum extent possible. By requiring electronic submission of 
specified reports in this proposed rule, the EPA is taking steps to 
implement this policy.
---------------------------------------------------------------------------

    \10\ EPA's Final Plan for Periodic Retrospective Reviews, August 
2011. Available at: http://www.epa.gov/sites/production/files/2015-09/documents/eparetroreviewplan-aug2011_0.pdf.
    \11\ Digital Government: Building a 21st Century Platform to 
Better Serve the American People, May 2012. Available at: https://www.whitehouse.gov/sites/default/files/omb/egov/digital-government/digital-government-strategy.pdf.
---------------------------------------------------------------------------

    The EPA Web site that stores the submitted electronic data, 
WebFIRE, will be easily accessible to everyone and will provide a user-
friendly interface that any stakeholder could access. By making data 
readily available, electronic reporting increases the amount of data 
that can be used for many purposes. One example is the development of 
emissions factors. An emissions factor is a representative value that 
attempts to relate the quantity of a pollutant released to the 
atmosphere with an activity associated with the release of that 
pollutant (e.g., kilograms of particulate emitted per megagram of coal 
burned). Such factors facilitate the estimation of emissions from 
various sources of air pollution and are an important tool in 
developing emissions inventories, which in turn are the basis for 
numerous efforts, including trends analysis, regional and local scale 
air quality modeling, regulatory impact assessments, and human exposure 
modeling. Emissions factors are also widely used in regulatory 
applicability determinations and in permitting decisions.
    The EPA has received feedback from stakeholders asserting that many 
of the EPA's emissions factors are outdated or not representative of a 
particular industry emission source. While the EPA believes that the 
emissions factors are suitable for their intended purpose, we recognize 
that the quality of emissions factors varies based on the extent and 
quality of underlying data. We also recognize that emissions profiles 
on different pieces of equipment can change over time due to a number 
of factors (fuel changes, equipment improvements, industry work 
practices), and it is important for emissions factors to be updated to 
keep up with these changes. The EPA is currently pursuing emissions 
factor development improvements that include procedures to incorporate 
the source test data that we are proposing be submitted electronically. 
By requiring the electronic submission of the reports identified in 
this proposed action, the EPA would be able to access and use the 
submitted data to update emissions factors more quickly and 
efficiently, creating factors that are characteristic of what is 
currently representative of the relevant industry sector. Likewise, an 
increase in the number of test reports used to develop the emissions 
factors will provide more confidence that the factor is of higher 
quality and representative of the whole industry sector.
    Additionally, by making the records, data, and reports addressed in 
this proposed rulemaking readily available, the EPA, the regulated 
community, and the public will benefit when the EPA conducts its CAA-
required technology and risk-based reviews. As a result of having 
performance test reports and air emission reports readily accessible, 
our ability to carry out comprehensive reviews will be increased and 
achieved within a shorter period of time. These data will provide 
useful information on control efficiencies being achieved and 
maintained in practice within a source

[[Page 3563]]

category and across source categories for regulated sources and 
pollutants. These reports can also be used to inform the technology-
review process by providing information on improvements to add-on 
control technology and new control technology.
    Under an electronic reporting system, the EPA's Office of Air 
Quality Planning and Standards (OAQPS) would have air emissions and 
performance test data in hand; OAQPS would not have to collect these 
data from the EPA Regional offices or from delegated air agencies or 
industry sources in cases where these reports are not submitted to the 
EPA Regional offices. Thus, we anticipate fewer or less substantial 
information collection requests (ICRs) in conjunction with prospective 
CAA-required technology and risk-based reviews may be needed. We expect 
this to result in a decrease in time spent by industry to respond to 
data collection requests. We also expect the ICRs to contain less 
extensive stack testing provisions, as we will already have stack test 
data electronically. Reduced testing requirements would be a cost 
savings to industry. The EPA should also be able to conduct these 
required reviews more quickly, as OAQPS will not have to include the 
ICR collection time in the process or spend time collecting reports 
from the EPA Regional Offices. While the regulated community may 
benefit from a reduced burden of ICRs, the general public benefits from 
the agency's ability to provide these required reviews more quickly, 
resulting in increased public health and environmental protection.
    Electronic reporting could minimize submission of unnecessary or 
duplicative reports in cases where facilities report to multiple 
government agencies and the agencies opt to rely on the EPA's 
electronic reporting system to view report submissions. Where air 
agencies continue to require a paper copy of these reports and will 
accept a hard copy of the electronic report, facilities will have the 
option to print paper copies of the electronic reporting forms to 
submit to the air agencies, and, thus, minimize the time spent 
reporting to multiple agencies. Additionally, maintenance and storage 
costs associated with retaining paper records could likewise be 
minimized by replacing those records with electronic records of 
electronically submitted data and reports.
    Air agencies could benefit from more streamlined and automated 
review of the electronically submitted data. For example, because the 
performance test data would be readily-available in a standard 
electronic format, air agencies would be able to review reports and 
data electronically rather than having to conduct a review of the 
reports and data manually. Having reports and associated data in 
electronic format will facilitate review through the use of software 
``search'' options, as well as the downloading and analyzing of data in 
spreadsheet format. Additionally, air agencies would benefit from the 
reported data being accessible to them through the EPA's electronic 
reporting system wherever and whenever they want or need access (as 
long as they have access to the Internet). The ability to access and 
review air emission report information electronically will assist air 
agencies to more quickly and accurately determine compliance with the 
applicable regulations, potentially allowing a faster response to 
violations which could minimize harmful air emissions. This benefits 
both air agencies and the general public.
    The proposed electronic reporting of data is consistent with 
electronic data trends (e.g., electronic banking and income tax 
filing). Electronic reporting of environmental data is already common 
practice in many media offices at the EPA. The changes being proposed 
in this rulemaking are needed to continue the EPA's transition to 
electronic reporting.

E. What are the proposed recordkeeping and reporting requirements?

    The EPA is proposing requirements that reflect those finalized in 
the final CISWI EG. The federal plan requires that records of all 
initial and all subsequent stack or performance specification (PS) 
tests, deviation reports, operating parameter data, continuous 
monitoring data, maintenance and inspections of air pollution control 
devices, monitoring plan, and operator training and qualification must 
be maintained for 5 years. The results of the stack tests and PS test 
and values for operating parameters are required to be included in 
initial and subsequent compliance reports. Any incident of deviation, 
resumed operation following shutdown, force majeure, intent to stop or 
start use of Continuous Regulatory Systems (CMS), and intent of 
conducting or rescheduling a performance test are required to be 
reported to the Administrator. Furthermore, final compliance reports 
are required following the completion of each requirement and 
identifying any missed requirement. See section V.B of this preamble 
for a more detailed discussion of the compliance schedules.

F. What are the other proposed requirements?

    As discussed in several portions of this preamble, we are proposing 
requirements for the federal plan to make it consistent with the final 
CISWI EG. While many of these requirements were significantly different 
from those currently in the CISWI Federal Plan, there are some that 
differ very little, if at all. Some requirements that differ little 
from those in the current CISWI Federal Plan include the requirements 
for owners or operators of existing CISWI units to meet operator 
training and qualification requirements, which include: Ensuring that 
at least one operator or supervisor per facility complete the operator 
training course, that qualified operator(s) or supervisor(s) complete 
an annual review or refresher course specified in the regulation, and 
that they maintain plant-specific information, updated annually, 
regarding training.
    Another such requirement is that owners or operators of existing 
CISWI units are required to submit a monitoring plan for any CMS or bag 
leak detection system used to comply with the rule.

VI. CISWI Units That Have or Will Shut Down

A. Units That Plan to Close

    The proposed federal plan establishes that if owners or operators 
plan to permanently close currently operating CISWI units, they must do 
so and submit a closure notification to the Administrator by August 7, 
2017. The proposed requirements for closing a CISWI unit will be set 
forth at 40 CFR 62.14570, subpart III. Conversely, the CISWI 
requirements do apply to a ``mothballed unit'' or inactive unit, where 
a unit does not operate, but it is not rendered inoperable. Until such 
time as a unit is permanently closed, it must comply with any 
applicable requirements of the federal plan. In addition, while still 
in operation, the CISWI unit is subject to the same requirements for 
title V operating permits that apply to units that will continue to 
operate.

B. Inoperable Units

    The federal plan provides that in cases where a CISWI unit has 
already shut down permanently and has been rendered inoperable (e.g., 
waste charge door is welded shut, stack is removed, combustion air 
blowers removed, burners or fuel supply equipment are removed), the 
CISWI unit may be left off the source inventory in a state plan or this 
proposed federal plan. A CISWI

[[Page 3564]]

unit that has been rendered inoperable would not be covered by the 
federal plan.

C. CISWI Units That Have Shut Down

    The unit inventory for this federal plan includes any CISWI unit 
known to have already shut down (but not known to be inoperable).
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive CISWI unit plans to restart 
before the final compliance date, the owner or operator must achieve 
final compliance by February 7, 2018.
2. Restarting After the Final Compliance Date
    Under the proposed federal plan, if the owner or operator of a 
CISWI unit closes the CISWI unit, but restarts the unit after the final 
compliance date of February 7, 2018, the owner or operator must 
complete emission control retrofits and meet the emissions and 
operating limits on the date the CISWI unit restarts operation. Within 
6 months of the unit startup, operator(s) of these CISWI units would 
have to complete the operator training and qualification requirements. 
Within 60 days of installing an air pollution control device, 
operator(s) must conduct a unit inspection. Performance testing to 
demonstrate initial compliance would also be required as described at 
40 CFR 62.14650. A CISWI unit may not use the provisions to close the 
CISWI unit and restart after the compliance date to gain an effective 
``extension'' of the operator training and qualification requirements 
or initial compliance requirements. A CISWI unit that operates out of 
compliance after the final compliance date would be in violation of the 
federal plan and subject to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, the EPA is required to 
adopt EG that are applicable to existing solid waste incineration 
units. These EG are implemented when the EPA approves a state plan or 
adopts a federal plan that implements and enforces the EG. As discussed 
above, the federal plan regulates CISWI units in states that do not 
have approved plans in effect to implement the EG.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with state and local agencies. 
(See section 101(a)(3) of the CAA.) Consistent with that overall 
determination, Congress established sections 111 and 129 of the CAA 
with the intent that the state and local agencies take the primary 
responsibility for ensuring that the emissions limitations and other 
requirements in the EG are achieved. Also, in section 111(d) of the 
CAA, Congress explicitly required that the EPA establish procedures 
that are similar to those under CAA section 110(c) for state 
implementation plans. Although Congress required the EPA to propose and 
promulgate a federal plan for states that fail to submit approvable 
state plans on time, states may submit plans after promulgation of the 
CISWI Federal Plan. The EPA strongly encourages states that are unable 
to submit approvable plans to request delegation of the federal plan so 
that they can have primary responsibility for implementing the final 
CISWI EG, consistent with the intent of Congress.
    The preferred outcome under the statute and the regulations results 
when the state, tribal, and local agencies implement the EPA approved 
state (or tribal) plan because state, tribal, and local agencies not 
only have the responsibility to implement the final CISWI EG, but also 
have the practical knowledge and enforcement resources critical to 
achieving the highest rate of compliance. In cases where states are 
unable to develop and submit approvable state plans, it is still 
preferable for the state and local agencies to be the implementing 
agency. For these reasons, the EPA will do all that it can to expedite 
delegation of the federal plan to state, tribal, and local agencies, 
whenever possible, in cases where states are unable to develop and 
submit approvable state plans. The EPA will also continue to review and 
approve state plans after promulgation of the CISWI Federal Plan.

B. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to state, tribal, and local agencies: (1) The EPA approval of a state 
plan after the federal plan is in effect; and (2) if a state does not 
submit or obtain approval of its own plan, the EPA delegation to a 
state, tribe, or local agency with the authority to implement certain 
portions of this federal plan to the extent appropriate and if allowed 
by state law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior To Approval of a State Plan
    After CISWI units in a state become subject to the federal plan, 
the state or tribal agency may still adopt and submit a state or tribal 
plan to the EPA. If the EPA determines that the state or tribal plan is 
as protective as the final CISWI EG, the EPA will approve the state or 
tribal plan. If the EPA determines that the plan is not as protective 
as the final CISWI EG, the EPA may approve the portions of the plan 
that are consistent with the final CISWI EG. If a state or tribal plan 
is approved in part, the federal plan will apply to the affected CISWI 
units in lieu of the disapproved portions of the state plan until the 
state or tribe addresses the deficiencies in the state plan and the 
revised state plan is approved by the EPA. Prior to any disapproval, 
the EPA will work with states and tribes to attempt to reconcile areas 
of the plan that remain inconsistent with the EG.
    Upon the effective date of a state or tribal plan, the federal plan 
would no longer apply to CISWI units covered by such a plan and the 
state, tribe, territory, or local agency would implement and enforce 
the state plan in lieu of the federal plan. When an EPA regional office 
approves a state or tribal plan, it will amend the appropriate subpart 
of 40 CFR part 62 to indicate such approval.
2. State, Tribe, Territory, or Local Agency Taking Delegation of the 
Federal Plan
    The EPA, in its discretion, may delegate to state, tribe, 
territorial, or local agencies the authority to implement this federal 
plan. As discussed above, the EPA has concluded that it is advantageous 
and the best use of resources for states, tribes, territories, or local 
agencies to agree to undertake, on the EPA's behalf, administrative and 
substantive roles in implementing the federal plan to the extent 
appropriate and where authorized by federal, state, tribal, 
territorial, or local law. If a state, tribe, territory, or local 
agency requests delegation, the EPA will generally delegate the entire 
federal plan to the state, tribe, territory, or local agency. These 
functions include administration and oversight of compliance, and 
reporting and recordkeeping requirements, CISWI unit inspections and 
preparation of draft notices of violation, but will not include any 
authorities retained by the EPA. Agencies that have taken delegation, 
as well as the EPA, will have responsibility for bringing enforcement 
actions against sources violating federal plan provisions.

C. Implementing Authority

    The EPA Regional Administrators have been delegated the authority 
for implementing the CISWI Federal Plan.

[[Page 3565]]

All reports required by the federal plan should be submitted to the 
appropriate Regional Administrator. Section II.C of this preamble 
includes Table 3 that lists names and addresses of the EPA regional 
office contacts and the states they cover.

D. Delegation of the Federal Plan and Retained Authorities

    If a state, tribe, territory, or local agency intends to take 
delegation of the federal plan, the state, tribe, territory, or local 
agency should submit to the appropriate EPA regional office a written 
request for delegation of authority. The state, tribe, territory, or 
local agency should explain how it meets the criteria for delegation. 
See generally ``Good Practices Manual for Delegation of NSPS and 
NESHAP'' (EPA, February 1983). The letter requesting delegation of 
authority to implement the federal plan should: (1) Demonstrate that 
the state, tribe, territory, or local agency has adequate resources, as 
well as the legal authority to administer and enforce the program, (2) 
include an inventory of affected CISWI units, which includes those that 
have ceased operation, but have not been dismantled or rendered 
inoperable, and an inventory of the affected units' air emissions and a 
provision for state progress reports to the EPA, (3) certify that a 
public hearing is held on the state, tribe, territory, or local agency 
delegation request, and (4) include a memorandum of agreement between 
the state, tribe, territory, or local agency and the EPA that sets 
forth the terms and conditions of the delegation, the effective date of 
the agreement and the mechanism to transfer authority. Upon signature 
of the agreement, the appropriate EPA Regional office would publish an 
approval notice in the Federal Register, thereby incorporating the 
delegation of authority into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state, tribe, territory, or 
local agency, the EPA will implement the federal plan. Also, if a 
state, tribe, territory, or local agency fails to properly implement a 
delegated portion of the federal plan, the EPA will assume direct 
implementation and enforcement of that portion. The EPA will continue 
to hold enforcement authority along with the state, tribe, territory, 
or local agency even when the agency has received delegation of the 
federal plan. In all cases where the federal plan is delegated, the EPA 
will retain and will not transfer authority to a state, tribe, or local 
agency to approve the following items promulgated in the final CISWI 
EG:

    1. Approval of alternatives to the emission limitations in table 
5 of this document and operating limits established under 40 CFR 
62.14635 and 62.14640;
    2. Approval of major alternatives to test methods;
    3. Approval of major alternatives to monitoring;
    4. Approval of major alternatives to recordkeeping and 
reporting;
    5. [Reserved];
    6. The requirements in Sec.  62.14640;
    7. The requirements in Sec.  62.14625(b)(2);
    8. Approval of alternative opacity emission limits in Sec.  
62.14630 under Sec.  60.11(e)(6) through (8);
    9. Performance test and data reduction waivers under Sec.  
60.8(b)(4) and (5);
    10. Determination of whether a qualifying small power production 
facility or cogeneration facility under Sec.  62.14525(e) or (f) is 
combusting homogenous waste; and
    11. Approval of an alternative to any electronic reporting to 
the EPA required by this subpart.

    CISWI unit owners or operators who wish to petition the agency for 
any alternative requirement should submit a request to the Regional 
Administrator with a copy sent to the appropriate state.

VIII. Title V Operating Permits

    All existing CISWI units regulated under state, tribal, or federal 
plans implementing the final CISWI EG must operate in a manner 
consistent with a title V operating permit that assures compliance with 
all federally applicable requirements for any regulated CISWI units, 
including all applicable CAA section 129 requirements.\12\
---------------------------------------------------------------------------

    \12\ 40 CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1).
---------------------------------------------------------------------------

    The permit application deadline for a CAA section 129 source 
applying for a title V operating permit depends on when the source 
first becomes subject to the relevant title V permit program. Because 
existing major sources are subject to title V,\13\ major source 
facilities that contain existing CISWI units should already have a 
title V permit. In such cases, the source must comply with the title V 
permit revision provisions of the relevant state title V program 
instead of applying for a title V permit. In contrast, the application 
deadline would be important to CISWI units at facilities that are not 
subject to the title V permit program for other reasons. Such sources 
with an existing CISWI unit subject to this proposed federal plan must 
submit a complete title V permit application by the earliest of the 
following dates:
---------------------------------------------------------------------------

    \13\ CAA Section 503(c) and 40 CFR 70.3(a) and (b), 
70.5(a)(1)(i), 71.3(a) and (b), and 71.5(a)(1)(i).

 Twelve (12) months after the effective date of any 
applicable EPA-approved CAA sections 111(d)/129 plan (i.e., approved 
state or tribal plan that implements the final CISWI EG); or
 Twelve (12) months after the effective date of any 
applicable federal plan; or
 Thirty-six (36) months after promulgation of 40 CFR part 
60, subpart DDDD (i.e., February 7, 2016).

    For any existing CISWI unit not subject to an earlier permit 
application deadline, the application deadline of February 7, 2016, 
which is in the past, applies regardless of whether or when any 
applicable federal plan is effective, or whether or when any applicable 
CAA sections 111(d)/129 plan is approved by the EPA and becomes 
effective. (See CAA sections 129(e), 503(c), 503(d), 502(a), and 40 CFR 
70.5(a)(1)(i) and 71.5(a)(1)(i).)
    For more background information on the interface between CAA 
section 129 and title V, including the EPA's interpretation of CAA 
section 129(e), see the final federal plan for Commercial and 
Industrial Solid Waste Incinerators, October 3, 2003, (68 FR 57518, 
57532). See also the final federal plan for Hospital Medical Infectious 
Waste Incinerators, August 15, 2000, (65 FR 49868, 49877).

A. Title V and Delegation of a Federal Plan

    As noted previously, issuance of a title V permit is not equivalent 
to the approval of a state or tribal plan or delegation of a federal 
plan.\14\ Legally, delegation of a standard or requirement results in a 
delegated state, local, or tribal agency standing in for the EPA as a 
matter of federal law. This means that obligations a source may have to 
the EPA under a federally promulgated standard become obligations to a 
state, tribal, or local agency (except for functions that the EPA 
retains for itself) upon delegation.\15\ Although a state, local, or 
tribal agency may have the authority under state, local, or tribal law 
to incorporate CAA section 111/129 requirements into its title V 
permits, and implement and enforce these requirements in these permits 
without first taking delegation of the CAA section 111/129 federal 
plan, the state, local, or tribal agency is not standing in for the EPA 
as a matter of federal law in this situation. Where a state, local, or

[[Page 3566]]

tribal agency does not take delegation of a section 111/129 federal 
plan, obligations that a source has to the EPA under the federal plan 
continue after a title V permit is issued to the source. As a result, 
the EPA maintains that an approved 40 CFR part 70 operating permits 
program cannot be used as a mechanism to transfer the authority to 
implement and enforce the federal plan from the EPA to a state, local, 
or tribal agency.
---------------------------------------------------------------------------

    \14\ See, e.g., the ``Title V and Delegation of a Federal Plan'' 
section of the proposed federal plan for Commercial Industrial Solid 
Waste Incinerators (CISWI), November 25, 2002, (67 FR 70640, 70652). 
The preamble language from this section in the proposed federal plan 
for CISWI was reaffirmed in the final federal plan for CISWI, 
October 3, 2003, (68 FR 57518, 57535).
    \15\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a state, local, or tribal agency may have the 
authority under state, local, or tribal law to incorporate CAA section 
111/129 requirements into its title V permits, and implement and 
enforce these requirements in that context without first taking 
delegation of the CAA section 111/129 federal plan.\16\ Some states, 
local governments, or tribes, however, may not be able to implement and 
enforce a CAA section 111/129 standard in a title V permit under state, 
local, or tribal law until the CAA section 111/129 standard has been 
delegated. In these situations, a state, local, or tribal agency should 
not issue a 40 CFR part 70 permit to a source subject to a federal plan 
before taking delegation of the section 111/129 federal plan.
---------------------------------------------------------------------------

    \16\ The EPA interprets the phrase ``assure compliance'' in CAA 
section 502(b)(5)(A) to mean that permitting authorities will 
implement and enforce each applicable standard, regulation, or 
requirement which must be included in the title V permits the 
permitting authorities issue. See definition of ``applicable 
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 
70.6(a)(1).
---------------------------------------------------------------------------

    However, if a state or tribe can provide an Attorney General's (AG) 
opinion delineating its authority to incorporate CAA section 111/129 
requirements into its title V permits, and then implement and enforce 
these requirements through its title V permits without first taking 
delegation of the requirements, then a state, local, or tribal agency 
does not need to take delegation of the CAA section 111/129 
requirements for purposes of title V permitting.\17\ In practical 
terms, without approval of a state or tribal plan, delegation of a 
federal plan, or an adequate AG's opinion, states, local governments, 
and tribes with approved 40 CFR part 70 permitting programs open 
themselves up to potential questions regarding their authority to issue 
permits containing CAA section 111/129 requirements and to assure 
compliance with these requirements. Such questions could lead to the 
issuance of a notice of deficiency for a state's or tribe's 40 CFR part 
70 program. As a result, prior to a state, local, or tribal permitting 
authority drafting a part 70 permit for a source subject to a CAA 
section 111/129 federal plan, the state, local government, or tribe, 
the EPA regional office and the source in question are advised to 
ensure that delegation of the relevant federal plan has taken place or 
that the permitting authority has provided an adequate AG's opinion to 
the EPA Regional office.
---------------------------------------------------------------------------

    \17\ It is important to note that an AG's opinion submitted at 
the time of initial title V program approval is sufficient if it 
demonstrates that a state or tribe has adequate authority to 
incorporate CAA section 111/129 requirements into its title V 
permits and to implement and enforce these requirements through its 
title V permits without delegation and no subsequent state law or 
regulation has in some way limited that authority.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's 
opinion and not take delegation of a federal plan, a CAA section 111/
129 source subject to the federal plan in that state must 
simultaneously submit to both the EPA and the state, local government, 
or tribe all reports required by the standard to be submitted to the 
EPA. Given that these reports are necessary to implement and enforce 
the CAA section 111/129 requirements when they have been included in 
title V permits, the permitting authority needs to receive these 
reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an 
AG's opinion and not take delegation of a federal plan, the EPA 
regional offices will be responsible for implementing and enforcing CAA 
section 111/129 requirements outside of any title V permits. Moreover, 
in this situation, the EPA regional offices will continue to be 
responsible for developing progress reports and conducting any other 
administrative functions required under this federal plan or any other 
CAA section 111/129 federal plan. See, section V.B of this preamble 
titled ``What are the final compliance schedules?''.
    It is important to note that the EPA is not using its authority 
under 40 CFR part 70.4(i)(3) to request that all states, local 
governments, and tribes that do not take delegation of this federal 
plan submit supplemental AG's opinions at this time. However, the EPA 
regional offices shall request, and permitting authorities shall 
provide, such opinions when the EPA questions a state's or tribe's 
authority to incorporate CAA section 111/129 requirements into a title 
V permit and implement and enforce these requirements in that context 
without delegation.

IX. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget for 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action simply proposes the CISWI Federal Plan to 
implement the EG adopted on February 7, 2013,\18\ for those states that 
do not have a state plan implementing the EG.
---------------------------------------------------------------------------

    \18\ See 78 FR 9112, February 7, 2013.
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. EG for owners of existing CISWI units 
were established by the February 7, 2013, final rule (78 FR 9112), and 
that rule was certified as not having a significant economic impact on 
a substantial number of small entities. This action establishes a 
federal plan to implement and enforce those requirements in those 
states that do not have their own EPA-approved state plan for 
implementing and enforcing the requirements. We have, therefore, 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty or any state, local, or tribal government or the 
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the

[[Page 3567]]

relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. The EPA is not aware of any CISWI units owned or 
operated by Indian tribal governments. Thus, Executive Order 13175 does 
not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Orders 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action involves technical standards. Please reference Table 6 
of this preamble for the locations where these standards are available. 
The EPA has decided to use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust 
Gas Analyses,'' for its manual methods of measuring the oxygen or 
carbon dioxide content of the exhaust gas. These parts of ASME PTC 
19.10-1981 are acceptable alternatives to EPA Methods 6 and 7 for the 
manual procedures only. The EPA determined that this standard is 
reasonably available because it is available for purchase. Another 
voluntary consensus standards (VCS), ASTM D6784-02 (Reapproved 2008), 
``Standard Test Method for Elemental, Oxidized, Particle-Bound and 
Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario 
Hydro Method)'' for its manual method of measuring mercury is an 
acceptable alternative to Method 29 and 30B. The EPA determined that 
this standard is reasonably available because it is available for 
purchase. The EPA further determined to use OAQPS Fabric Filter Bag 
Leak Detection Guidance, EPA-454/R-98-015, September 1997, for its 
guidance on the use of tiboelectic monitors as bag leak detectors for a 
fabric filter air pollution control device and monitoring system 
decriptions, selection, installation, set up, adjustment, operation, 
and quality assurance procedures. The EPA determined that this standard 
is reasonably available because it is freely available from the EPA. 
Lastly, the EPA decided to use EPA Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, 
l0B, 22, 23, 26A, 29, and 30B. No VCS were found for EPA Methods 9 and 
22.
    While the EPA has identified 23 VCS as being potentially applicable 
to the rule, we have decided not to use these VCS in this rulemaking. 
The use of these VCS would be impractical because they do not meet the 
objectives of the standards cited in this rule. See the docket for the 
final CISWI EG (Docket ID No. EPA-HQ-OAR-2003-0119), which are being 
implemented under this action, for further information.
    Under 40 CFR 62.14838, the EPA Administrator retains the authority 
of approving alternate methods of demonstrating compliance as 
established under 40 CFR 60.8(b) and 40 CFR 60.13(i), subpart A (NSPS 
General Provisions). A source may apply to the EPA for permission to 
use alternative test methods or alternative monitoring requirements in 
place of any required EPA test methods, performance specifications, or 
procedures.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in this preamble 
section, as well as the final CISWI EG discussion for Executive Order 
12898 (78 FR 9178, February 7, 2013). This proposed federal plan 
implements the final CISWI EG for states that do not have an approved 
state plan implementing the final CISWI EG. As discussed in the 
preamble to the 2013 CISWI rule, the final CISWI EG will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. The amendments finalized in 2013 (made to the 2011 
CISWI final rule) do not relax the control measures on sources 
regulated by the CISWI rule, and, therefore, will not cause emissions 
increases from these sources. The March 2011 final CISWI rule will 
reduce emissions of all the listed hazardous air pollutants (HAP) 
emitted from this source. This proposed federal plan implements 
national standards in the final CISWI EG that would result in reduction 
in emissions of many of the listed HAP emitted from this source. This 
includes emissions of Cd, HCl, Pb, and Hg. Other emissions reductions 
include reductions of criteria pollutants such as CO, NOX, 
PM and PM2.5 microns or less, and SO2. 
SO2 and NOX are precursors for the formation of 
PM2.5 and NOX is a precursor for ozone. Reducing 
these emissions will decrease the amount of such pollutants to which 
all affected populations are exposed.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 14, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, Title 40, chapter I, part 
62 of the Code of Federal Regulations (CFR) is proposed to be amended 
as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
2. Part 62 is amended by revising subpart III to read as follows:

Subpart III--Federal Plan Requirements for Commercial and 
Industrial Solid Waste Incineration Units

Sec.

Table of Contents

Introduction

62.14500 What is the purpose of this subpart?

[[Page 3568]]

62.14505 What are the principal components of this subpart?

Applicability

62.14510 Am I subject to this subpart?
62.14515 Can my CISWI unit be covered by both a state plan and this 
subpart?
62.14520 How do I determine if my CISWI unit is covered by an 
approved and effective state or tribal plan?
62.14521 If my CISWI unit is not listed in the federal plan 
inventory, am I exempt from this subpart?
62.14525 Can my combustion unit be exempt from this subpart?
62.14530-62.14531 [Reserved]

Compliance Schedule and Increments of Progress

62.14535 When must I comply with this subpart if I plan to continue 
operation of my CISWI unit?
62.14536 [Reserved]
62.14545 [Reserved]
62.14550 [Reserved]
62.14555 [Reserved]
62.14560 [Reserved]
62.14565 [Reserved]
62.14570 What must I do if I plan to permanently close my CISWI 
unit?
62.14575 What must I do if I close my CISWI unit and then restart 
it?

Waste Management Plan

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

Operator Training and Qualification

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

Emission Limitations and Operating Limits

62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14640 What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?
62.14645 [Reserved]

Performance Testing

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

Initial Compliance Requirements

62.14660 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
62.14665 By what date must I conduct the initial performance test?
62.14666 By what date must I conduct the initial air pollution 
control device inspection?

Continuous Compliance Requirements

62.14670 How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?
62.14675 By what date must I conduct the annual performance test?
62.14676 By what date must I conduct the annual air pollution 
control device inspection?
62.14680 May I conduct performance testing less often?
62.14685 May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

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

Recordkeeping and Reporting

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

Air Curtain Incinerators

62.14765 What is an air curtain incinerator?
62.14770-62.14775 [Reserved]
62.14795 [Reserved]
62.14805 What must I do if I close my air curtain incinerator and 
then restart it?
62.14810 What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?
62.14815 What are the emission limitations for air curtain 
incinerators?
62.14820 How must I monitor opacity for air curtain incinerators?
62.14825 What are the recordkeeping and reporting requirements for 
air curtain incinerators?

Title V Requirements

62.14830 Am I required to apply for and obtain a Title V operating 
permit for my unit?
62.14835 [Reserved]

Delegation of Authority

62.14838 What authorities are withheld by the EPA Administrator?

Definitions

62.14840 What definitions must I know?

Tables

Table 1 to Subpart III of Part 62--Emission Limitations That Apply 
to Incinerators Before February 7, 2018 \2\
Table 2 to Subpart III of Part 62--Operating Limits for Wet 
Scrubbers
Table 3 to Subpart III of Part 62--Toxic Equivalency Factors
Table 4 to Subpart III of Part 62--Summary of Reporting Requirements 
\1\
Table 5 to Subpart III of Part 62--Model Rule--Emission Limitations 
That Apply to Incinerators on and After February 7, 2018
Table 6 to Subpart III of Part 62--Model Rule--Emission Limitations 
That Apply to Energy Recovery Units After February 7, 2018
Table 7 to Subpart III of Part 62--Model Rule--Emission Limitations 
That Apply to Waste-Burning Kilns After February 7, 2018
Table 8 to Subpart III of Part 62--Model Rule--Emission Limitations 
That Apply to Small, Remote Incinerators After February 7, 2018

Introduction


Sec.  62.14500  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from commercial and industrial 
solid waste incineration (CISWI) units that are not covered, or are 
only partially covered, by an EPA approved and currently effective 
state or tribal plan. The pollutants addressed by these emission 
requirements are listed in Table 1 and Tables 5 through 8 of this 
subpart. These emission requirements are developed in accordance with 
sections 111 and 129 of the Clean Air Act and subpart B of 40 CFR part 
60.
    (b) In this subpart, ``you'' means the owner or operator of a CISWI 
unit.


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

    This subpart contains the eleven major components listed in 
paragraphs (a) through (k) of this section.
    (a) [Reserved].
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.

[[Page 3569]]

    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.

Applicability


Sec.  62.14510  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a CISWI 
unit as defined in Sec.  62.14840 or an air curtain incinerator as 
defined in Sec.  62.14840 and the CISWI unit or air curtain incinerator 
meets the criteria described in paragraphs (a)(1) through (a)(3) of 
this section.
    (1) Construction of your CISWI unit or air curtain incinerator 
commenced on or before June 4, 2010, or commenced modification or 
reconstruction after June 4, 2010 but no later than August 7, 2013.
    (2) Your CISWI unit is not exempt under Sec.  62.14525.
    (3) Your CISWI unit is not regulated by an EPA approved and 
currently effective state or tribal plan, or your CISWI unit is located 
in any state whose approved state or tribal plan is only approved in 
part. In the case of a state or tribal program that is approved in 
part, the federal plan applies to affected CISWI units in lieu of the 
disapproved portions of the state or tribal program until the state or 
tribe plan addresses the deficiencies and the revised plan is approved 
by the EPA.
    (b) If changes to the CISWI unit are made after August 7, 2013 that 
meet the definition of modification or reconstruction, your CISWI unit 
is subject to subpart CCCC of 40 CFR part 60 and this subpart no longer 
applies to that unit.
    (c) If you make physical or operational changes to your existing 
CISWI unit primarily to comply with this subpart, then such changes do 
not qualify as modifications or reconstructions under subpart CCCC of 
40 CFR part 60.


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

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


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

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


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

    Any CISWI unit that meets the applicability criteria in Sec.  
62.14510 is required to comply with the applicable emissions guidelines 
even if the source is not listed in the federal plan or otherwise 
applicable state or tribal plan inventory. CISWI units subject to this 
subpart are not limited to the inventory of sources listed in Docket 
EPA-HQ-OAR-2016-0664 for the federal plan. If your CISWI units meets 
the applicability criteria in Sec.  62.14510, this subpart applies to 
you whether or not your unit is listed in the federal plan inventory in 
the docket.


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

    This subpart exempts 8 types of units, described in paragraphs (a) 
and (c) through (o) of this section, from complying with the 
requirements of this subpart with the exception of the requirements 
specified in this section.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste as defined in Sec.  62.14840 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
regulated under subpart Ea of 40 CFR part 60 (Standards of Performance 
for Municipal Waste Combustors); subpart Eb of 40 CFR part 60 
(Standards of Performance for Municipal Waste Combustors for Which 
Construction is Commenced After September 20, 1994); subpart Cb of 40 
CFR part 60 (Emission Guidelines and Compliance Times for Large 
Municipal Waste Combustors Constructed on or Before September 20, 
1994); subpart AAAA of 40 CFR part 60 (Standards of Performance for New 
Stationary Sources: Small Municipal Waste Combustion Units); subpart 
BBBB of 40 CFR part 60 (Emission Guidelines for Existing Stationary 
Sources: Small Municipal Waste Combustion Units); or subpart JJJ of 40 
CFR part 62 (Federal Plan Requirements for Small Municipal Waste 
Combustion Units Constructed on or Before August 30, 1999).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of 40 CFR part 60 (Standards of Performance for 
Hospital/Medical/Infectious Waste Incinerators for Which Construction 
is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan 
Requirements for Hospital/Medical/Infectious Waste Incinerators 
Constructed on or before June 20, 1996).
    (e) Small power production facilities. Units that meet the four 
requirements specified in paragraphs (e)(1) through (4) of this 
section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You submit documentation to the Administrator notifying the 
Agency that the qualifying small power production facility is 
combusting homogenous waste.
    (4) You must maintain the records specified in Sec.  62.14700(v).
    (f) Cogeneration facilities. Units that meet the four requirements 
specified in paragraphs (f)(1) through (4) of this section.
    (1) The unit qualifies as a cogeneration facility under section

[[Page 3570]]

3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You submit documentation to the Administrator notifying the 
Agency that the qualifying cogeneration facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec.  62.14700(w).
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
100 percent wood waste; 100 percent clean lumber; or a 100 percent 
mixture of only wood waste, clean lumber, and/or yard waste; are 
required to meet only the requirements under ``Air Curtain 
Incinerators'' (Sec. Sec.  62.14765 through 62.14825) and the title V 
operating permit requirements (Sec.  62.14830).
    (j) [Reserved]
    (k) [Reserved]
    (l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of 40 CFR part 60 (Standards of Performance for Sewage 
Treatment Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of 40 CFR part 60 (Standards of Performance for New Sewage Sludge 
Incineration Units) or subpart MMMM of 40 CFR part 60 (Emission 
Guidelines and Compliance Times for Existing Sewage Sludge Incineration 
Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of 40 CFR part 60 (Standards of Performance 
for Other Solid Waste Incineration Units for Which Construction is 
Commenced After December 9, 2004, or for Which Modification or 
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF 
of 40 CFR part 60 (Emission Guidelines and Compliance Times for Other 
Solid Waste Incineration Units That Commenced Construction On or Before 
December 9, 2004).


Sec. Sec.  62.14530-62.14531   [Reserved]

Compliance Schedule and Increments of Progress


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

    If you plan to continue operation of your CISWI unit, then you must 
follow the requirements in paragraph (a) of this section.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by February 7, 2018, then you must 
complete the requirements of paragraphs (a)(1) through (a)(5) of this 
section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by February 7, 2018.
    (2) You must submit a waste management plan no later than November 
7, 2017
    (3) You must achieve final compliance by February 7, 2018. To 
achieve final compliance, you must incorporate all process changes and 
complete retrofit construction of control devices, so that, if the 
affected CISWI unit is brought online, all necessary process changes 
and air pollution control devices would operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (a)(3) of this section.
    (5) You must submit an initial report including the results of the 
initial performance test no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).
    (b) [Reserved]


Sec.  62.14536  [Reserved]


Sec.  62.14545  [Reserved]


Sec.  62.14550  [Reserved]


Sec.  62.14555  [Reserved]


Sec.  62.14560  [Reserved]


Sec.  62.14565  [Reserved]


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

    If you plan to permanently close your CISWI unit rather than comply 
with the federal plan, you must submit a legally binding closure 
agreement, to the Administrator no later than six months prior to your 
operation will cease. The closure agreement must specify the date by 
which operation will cease. The closure date cannot be later than 
February 7, 2018 for sources that will not operate on or after the 
compliance date.


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

    If you close your CISWI unit but will restart it after February 7, 
2018, you must complete emission control retrofits and meet the 
emission limitations and operating limits on the date your unit 
restarts operation.

Waste Management Plan


Sec.  62.14580  What is a waste management plan?

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


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

    You must submit a waste management plan no later than November 7, 
2017 or six months prior to commencing or recommencing burning solid 
waste, whichever is later.


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

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

Operator Training and Qualification


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

    (a) You must have a fully trained and qualified CISWI unit operator 
accessible at all times when the unit is in operation, either at your 
facility or able to be at your facility within one hour. The trained 
and qualified CISWI unit operator may operate the CISWI unit directly 
or be the direct supervisor of one or more other plant personnel who 
operate the unit. If all qualified CISWI unit operators are temporarily 
not accessible, you must follow the procedures in Sec.  62.14625.

[[Page 3571]]

    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (where applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.


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

    (a) The operator training course must be completed by the later of 
the three dates specified in paragraphs (a)(1) and (3) of this section.
    (1) February 7, 2018.
    (2) Six months after CISWI unit startup; or
    (3) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.
    (b) [Reserved].


Sec.  62.14605  How do I obtain my operator qualification?

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


Sec.  62.14610  How do I maintain my operator qualification?

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


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

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


Sec.  62.14620  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  62.14580 
through 62.14590.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each employee who operates 
your incinerator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of the three dates 
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) February 7, 2018.
    (ii) Six months after CISWI unit startup.
    (iii) Six months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted no later than 12 months 
following the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed review of the information in Sec.  
62.14620(a) as required by Sec.  62.14620(b), including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed the operator training requirements 
under Sec.  62.14595, met the criteria for qualification under Sec.  
62.14605, and maintained or renewed their qualification under Sec.  
62.14610 or Sec.  62.14615. Records must include documentation of 
training, the dates of the initial refresher training, and the dates of 
their qualification and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  62.14625  What if all the qualified operators are temporarily not 
accessible?

    If all qualified operators are temporarily not accessible (i.e., 
not at the facility and not able to be at the facility within 1 hour), 
you must meet one of the two criteria specified in paragraphs (a) and 
(b) of this section, depending on the length of time that a qualified 
operator is not accessible.
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of

[[Page 3572]]

the information specified in Sec.  62.14620(a) within the past 12 
months. However, you must record the period when all qualified 
operators were not accessible and include this deviation in the annual 
report as specified under Sec.  62.14730.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to 
continue operation of the CISWI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation 
under paragraph (b)(1) of this section. If the Administrator notifies 
you that your request to continue operation of the CISWI unit is 
disapproved, the CISWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
62.14595(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Emission Limitations and Operating Limits


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

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 1 of this subpart or 
tables 5 through 8 of this subpart by February 7, 2018. The emission 
limitations apply at all times the unit is operating including and not 
limited to startup, shutdown, or malfunction.
    (b) Units that do not use wet scrubbers must maintain opacity to 
less than or equal to the percent opacity (three 1-hour blocks 
consisting of ten 6-minute average opacity values) specified in table 1 
of this subpart, as applicable.


Sec.  62.14635  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 2 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour average pressure 
drop across the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations; or minimum amperage to the wet scrubber, which is 
calculated as the lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the 
lowest 1-hour average liquor flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the lowest 
1-hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the hydrogen chloride emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier). You must conduct an 
initial performance evaluation of each continuous monitoring system and 
continuous parameter monitoring system within 60 days of installation 
of the monitoring system.
    (c) If you use a fabric filter to comply with the emission 
limitations and you do not use a PM CPMS for monitoring PM compliance, 
you must operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during any 6-month period. In calculating this operating 
time percentage, if inspection of the fabric filter demonstrates that 
no corrective action is required, no alarm time is counted. If 
corrective action is required, each alarm shall be counted as a minimum 
of 1 hour. If you take longer than 1 hour to initiate corrective 
action, the alarm time shall be counted as the actual amount of time 
taken by you to initiate corrective action.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations and you do not use a PM CPMS for monitoring PM 
compliance, you must measure the (secondary) voltage and amperage of 
the electrostatic precipitator collection plates during the particulate 
matter performance test. Calculate the average electric power value 
(secondary voltage x secondary current = secondary electric power) for 
each test run. The operating limit for the electrostatic precipitator 
is calculated as the lowest 1-hour average secondary electric power 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (e) If you use activated carbon sorbent injection to comply with 
the emission limitations, you must measure the sorbent flow rate during 
the performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lowest secondary chamber 
temperature, and lowest reagent flow rate measured during the most 
recent performance test demonstrating compliance with the nitrogen 
oxides emission limitations.

[[Page 3573]]

    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
of each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at 
lower loads, multiply your sorbent injection rate by the load fraction, 
as defined in this subpart, to determine the required injection rate 
(e.g., for 50 percent load, multiply the injection rate operating limit 
by 0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, 
or fabric filter to comply with the emission limitations, and if you do 
not determine compliance with your particulate matter emission 
limitation with either a particulate matter CEMS or a particulate 
matter CPMS, you must maintain opacity to less than or equal to ten 
percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section:
    (1) During the initial performance test or any subsequent 
performance test that demonstrates compliance with the PM limit, record 
all hourly average output values (milliamps, or the digital signal 
equivalent) from the PM CPMS for the periods corresponding to the test 
runs (e.g., three 1-hour average PM CPMS output values for three 1-hour 
test runs):
    (i) Your PM CPMS must provide a 4-20 milliamp output, or the 
digital signal equivalent, and the establishment of its relationship to 
manual reference method measurements must be determined in units of 
milliamps or digital bits;
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS is an auto-ranging 
instrument capable of multiple scales, the primary range of the 
instrument must be capable of reading PM concentration from zero to a 
level equivalent to two times your allowable emission limit; and
    (iii) During the initial performance test or any subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values, or their digital equivalent, 
from the PM CPMS for the periods corresponding to the compliance test 
runs (e.g., average all your PM CPMS output values for three 
corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below 
75 percent of your PM emission limit, you must calculate an operating 
limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
output values corresponding to the three compliance test runs, and the 
average PM concentration from the Method 5 or performance test with the 
procedures in (i)(1) through (5) of this section:
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench;
    (B) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air;
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your 
source is combusting only natural gas) and plotting these with the 
compliance data to find the zero intercept; and
    (D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1:

[GRAPHIC] [TIFF OMITTED] TP11JA17.007

Where:

X1 = the PM CPMS output data points for the three runs 
constituting the performance test,
Y1 = the PM concentration value for the three runs 
constituting the performance test, and
n = the number of data points.
    (iii) With your instrument zero expressed in milliamps, or the 
digital equivalent, your three run average PM CPMS milliamp value, or 
its digital equivalent, and your three run average PM concentration 
from your three compliance tests, determine a relationship of mg/dscm 
per milliamp or digital signal equivalent, with equation 2:
[GRAPHIC] [TIFF OMITTED] TP11JA17.008

Where:

R = the relative mg/dscm per milliamp, or the digital equivalent, 
for your PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp output, or the 
digital equivalent, from your PM CPMS, and
Z = the milliamp or digital signal equivalent of your instrument 
zero determined from paragraph (i)(2)(i) of this section.

    (iv) Determine your source specific 30-day rolling average 
operating limit using the mg/dscm per milliamp value, or per digital 
signal equivalent, from equation 2 in equation 3, below. This sets your 
operating limit at the PM CPMS output value corresponding to 75 percent 
of your emission limit:
[GRAPHIC] [TIFF OMITTED] TP11JA17.009

Where:

Ol = the operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or digital equivalent, 
determined from paragraph (i)(2)(i) of this section, and
R = the relative mg/dscm per milliamp, or per digital signal output 
equivalent, for your PM CPMS, from equation 2.

    (3) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp or digital signal 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 4 and you 
must submit all compliance test and PM CPMS data according to the 
reporting requirements in paragraph (i)(5) of this section:
[GRAPHIC] [TIFF OMITTED] TP11JA17.010

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or 
digital signal equivalent.

    (4) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average

[[Page 3574]]

data collected by the PM CPMS for all operating hours to calculate the 
arithmetic average operating parameter in units of the operating limit 
(e.g., milliamps or digital signal bits, PM concentration, raw data 
signal) on a 30-day rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g., beta 
attenuation), span of the instruments primary analytical range, 
milliamp or digital signal value equivalent to the instrument zero 
output, technique by which this zero value was determined, and the 
average milliamp or digital signals corresponding to each PM compliance 
test run.


Sec.  62.14640  What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or 
limit emissions in some other manner, including mass balances, to 
comply with the emission limitations under Sec.  62.14630, you must 
petition the EPA Administrator for specific operating limits to be 
established during the initial performance test and continuously 
monitored thereafter. You must submit the petition at least sixty days 
before the performance test is scheduled to begin. Your petition must 
include the five items listed in paragraphs (a) through (e) of this 
section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well 
as the relative accuracy and precision of these methods and 
instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.


Sec.  62.14645  [Reserved]

Performance Testing


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

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec.  62.14700(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in tables 1 and 5 through 8 of this subpart.
    (d) Method 1 of 40 CFR part 60, appendix A must be used to select 
the sampling location and number of traverse points.
    (e) Method 3A or 3B of 40 CFR part 60, appendix A must be used for 
gas composition analysis, including measurement of oxygen 
concentration. Method 3A or 3B of 40 CFR part 60, appendix A must be 
used simultaneously with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP11JA17.011


Where:

Cadj = pollutant concentration adjusted to 7 percent 
oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis, 
percent.

    (g) You must determine dioxins/furans toxic equivalency by 
following the procedures in paragraphs (g)(1) through (4) of this 
section.
    (1) Measure the concentration of each dioxin/furan (tetra- through 
octa-) isomer emitted using EPA Method 23 at 40 CFR part 60, appendix 
A-7.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. [Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.].
    (3) For each dioxin/furan (tetra- through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic 
equivalency factor specified in table 3 of this subpart; and
    (4) Sum the products calculated in accordance with paragraph (g)(3) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 must be used to 
determine compliance with the fugitive ash emission limit in table 5, 
6, or 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4, based on three 1-hour blocks consisting of ten 
6-minute average opacity values, unless you are required to install a 
continuous opacity monitoring system, consistent with Sec. Sec.  
62.14670 and 62.14690.
    (j) You must determine dioxins/furans total mass basis by following 
the procedures in paragraphs (j)(1) through (3) of this section:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.); and

[[Page 3575]]

    (3) Sum the quantities measured in accordance with paragraphs 
(j)(1) and (2) of this section to obtain the total concentration of 
dioxins/furans emitted in terms of total mass basis.


Sec.  62.14655  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in Table 1 of this subpart or tables 5 through 
8 of this subpart.

Initial Compliance Requirements


Sec.  62.14660  How do I demonstrate initial compliance with the 
emission limitations and establish the operating limits?

    You must conduct an initial performance test to determine 
compliance with the emission limitations in Table 1 of this subpart and 
tables 5 through 8 of this subpart, to establish compliance with any 
opacity operating limits in Sec.  62.14635, to establish the kiln-
specific emission limit in Sec.  62.14670(y), as applicable, and to 
establish operating limits using the procedure in Sec.  62.14635 or 
Sec.  62.14640. The initial performance test must be conducted using 
the test methods listed in table 1 of this subpart and tables 5 through 
8 of this subpart and the procedures in Sec.  62.14650. The use of the 
bypass stack during a performance test shall invalidate the performance 
test. You must conduct a performance evaluation of each continuous 
monitoring system within 60 days of installation of the monitoring 
system.


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

    (a) The initial performance test must be conducted no later than 
180 days after your final compliance date. Your final compliance date 
is February 7, 2018, or the date you restart your CISWI unit if later 
than February 7, 2018.
    (b) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you conducted a test consistent with the provisions of this subpart 
while combusting the given solid waste within the 6 months preceding 
the reintroduction of that solid waste in the combustion chamber, you 
do not need to retest until 6 months from the date you reintroduce that 
solid waste.
    (c) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you have not conducted a performance test consistent with the 
provisions of this subpart while combusting the given solid waste 
within the 6 months preceding the reintroduction of that solid waste in 
the combustion chamber, you must conduct a performance test within 60 
days from the date you reintroduce solid waste.


Sec.  62.14666  By what date must I conduct the initial air pollution 
control device inspection?

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the final compliance date for 
meeting the amended emission limitations.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless the 
owner or operator obtains written approval from the state agency 
establishing a date whereby all necessary repairs of the designated 
facility must be completed.

Continuous Compliance Requirements


Sec.  62.14670  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) Compliance with standards. (1) The emission standards and 
operating requirements set forth in this subpart apply at all times.
    (2) If you cease combusting solid waste you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a 
date selected by you, that must be at least 6 months from the date that 
you ceased combusting solid waste, consistent with paragraph (a)(2) of 
this section. Your source must remain in compliance with this subpart 
until the effective date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to 
the provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any Section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch. All calibration and drift 
checks must be performed as of the effective date of the waste-to-fuel, 
or fuel-to-waste switch. Relative accuracy tests must be performed as 
of the performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed consistent with section 112 
monitoring requirements or monitoring requirements under this subpart.

[[Page 3576]]

    (b) You must conduct an annual performance test for the pollutants 
listed in table 1 of this subpart or tables 5 through 8 of this subpart 
and opacity for each CISWI unit as required under Sec.  62.14650. The 
annual performance test must be conducted using the test methods listed 
in table 1 or tables 5 through 8 of this subpart and the procedures in 
Sec.  62.14650. Opacity must be measured using EPA Reference Method 9 
at 40 CFR part 60. Annual performance tests are not required if you use 
CEMS or continuous opacity monitoring systems to determine compliance.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  62.14635 or established under Sec.  62.14640. 
Operation above the established maximum or below the established 
minimum operating limits constitutes a deviation from the established 
operating limits. Three-hour block average values are used to determine 
compliance (except for baghouse leak detection system alarms) unless a 
different averaging period is established under Sec.  62.14640 or, for 
energy recovery units, where the averaging time for each operating 
parameter is a 30-day rolling average, calculated each hour as the 
average of the previous 720 operating hours over the previous 30 days 
of operation. Operation above the established maximum, below the 
established minimum, or outside the allowable range of the operating 
limits specified in paragraph (a) of this section constitutes a 
deviation from your operating limits established under this subpart, 
except during performance tests conducted to determine compliance with 
the emission and operating limits or to establish new operating limits. 
Operating limits are confirmed or reestablished during performance 
tests.
    (d) You must burn only the same types of waste and fuels used to 
establish subcategory applicability (for ERUs) and operating limits 
during the performance test.
    (e) For energy recovery units, incinerators, and small remote 
units, you must perform annual visual emissions tests for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity using EPA Reference Method 9 at 40 CFR 
part 60, apppendix A-4 (except where particulate matter continuous 
monitoring system or continuous parameter monitoring systems are used) 
and the pollutants listed in table 6 of this subpart.
    (g) For facilities using a CEMS to demonstrate compliance with the 
carbon monoxide emission limit, compliance with the carbon monoxide 
emission limit may be demonstrated by using the CEMS according to the 
following requirements:
    (1) You must measure emissions according to Sec.  60.13 to 
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. 
CEMS data during startup and shutdown, as defined in this subpart, are 
not corrected to 7 percent oxygen, and are measured at stack oxygen 
content. You must demonstrate initial compliance with the carbon 
monoxide emissions limit using a 30-day rolling average of the 1-hour 
arithmetic average emission concentrations, including CEMS data during 
startup and shutdown as defined in this subpart, calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7.
    (2) Operate the carbon monoxide continuous emissions monitoring 
system in accordance with the applicable requirements of performance 
specification 4A of appendix B and the quality assurance procedures of 
appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with annual average 
heat input rates greater than 250 MMBtu/hr may elect to demonstrate 
continuous compliance with the particulate matter emissions limit using 
a particulate matter CEMS according to the procedures in Sec.  
62.14690(n) instead of the continuous parameter monitoring system 
specified in Sec.  62.14670(i). Coal and liquid/gas energy recovery 
units with annual average heat input rates less than 250 MMBtu/hr, 
incinerators, and small remote incinerators may also elect to 
demonstrate compliance using a particulate matter CEMS according to the 
procedures in Sec.  62.14690(n) instead of particulate matter testing 
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, 
the continuous opacity monitoring requirements in paragraph (i) of this 
section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you 
must install, operate, certify and maintain a continuous opacity 
monitoring system (COMS) according to the procedures in Sec.  62.14690.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for the pollutants (except mercury and particulate matter, and 
hydrogen chloride if no acid gas wet scrubber is used) listed in table 
7 of this subpart. If you do not use an acid gas wet scrubber or dry 
scrubber, you must determine compliance with the hydrogen chloride 
emissions limit according to the requirements in paragraph (j)(1) of 
this section. You must determine compliance with the mercury emissions 
limit using a mercury CEMS according to paragraph (j)(2) of this 
section. You must determine compliance with particulate matter using 
CPMS:
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of 
appendix B to 40 CFR part 60. You must operate, maintain, and quality 
assure a HCl CEMS installed and certified under PS 15 according to the 
quality assurance requirements in Procedure 1 of appendix F to 40 CFR 
part 60 except that the Relative Accuracy Test Audit requirements of 
Procedure 1 must be replaced with the validation requirements and 
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, 
maintain and quality assure a HCl CEMS installed and certified under PS 
18 according to the quality assurance requirements in Procedure 6 of 
appendix F to 40 CFR part 60. For any performance specification that 
you use, you must use Method 321 of appendix A to 40 CFR part 63 as the 
reference test method for conducting relative accuracy testing. The 
span value and calibration requirements in paragraphs (j)(1)(i) and 
(ii) of this section apply to all HCl CEMS used under this subpart:
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw unless the monitor is installed on a kiln without an inline raw 
mill. Kilns without an inline raw mill may use a higher span value 
sufficient to quantify all expected emissions concentrations. The HCl 
CEMS data recorder output range must include the full range of expected 
HCl concentration values which would include those expected during 
``mill off'' conditions. The corresponding data recorder range shall be 
documented in the site-specific monitoring plan and associated records; 
and
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (j)(1)(ii)(A) 
through (C) of this section:
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 ppm of 
total HCl. The requirements of the appropriate HCl monitor performance 
specification shall be followed for this second span with the exception 
that a RATA with the mill off is not required;

[[Page 3577]]

    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(j)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference gas with a certified value greater than your 
highest expected hourly concentration or greater than 75% of the 
highest measured hourly concentration. The ``above span'' reference gas 
must meet the requirements of the applicable performance specification 
and must be introduced to the measurement system at the probe. Record 
and report the results of this procedure as you would for a daily 
calibration. The ``above span linearity'' challenge is successful if 
the value measured by the HCl CEMS falls within 10 percent of the 
certified value of the reference gas. If the value measured by the HCl 
CEMS during the above span linearity challenge exceeds 10 percent of 
the certified value of the reference gas, the monitoring system must be 
evaluated and repaired and a new ``above span linearity'' challenge met 
before returning the HCl CEMS to service, or data above span from the 
HCl CEMS must be subject to the quality assurance procedures 
established in (j)(1)(ii)(D) of this section. In this manner values 
measured by the HCl CEMS during the above span linearity challenge 
exceeding +/-20 percent of the certified value of the reference gas 
must be normalized using equation 6;
    (C) Quality assure any data above the span value established in 
paragraph (j)(1)(i) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of HCl 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' HCl reference gas standard to the 
HCl CEMS. The ``above span'' reference gas must meet the requirements 
of the applicable performance specification and target a concentration 
level between 50 and 150 percent of the highest expected hourly 
concentration measured during the period of measurements above span, 
and must be introduced at the probe. While this target represents a 
desired concentration range that is not always achievable in practice, 
it is expected that the intent to meet this range is demonstrated by 
the value of the reference gas. Expected values may include above span 
calibrations done before or after the above-span measurement period. 
Record and report the results of this procedure as you would for a 
daily calibration. The ``above span'' calibration is successful if the 
value measured by the HCl CEMS is within 20 percent of the certified 
value of the reference gas. If the value measured by the HCl CEMS is 
not within 20 percent of the certified value of the reference gas, then 
you must normalize the stack gas values measured above span as 
described in paragraph (j)(1)(ii)(D) of this section. If the ``above 
span'' calibration is conducted during the period when measured 
emissions are above span and there is a failure to collect the one data 
point in an hour due to the calibration duration, then you must 
determine the emissions average for that missed hour as the average of 
hourly averages for the hour preceding the missed hour and the hour 
following the missed hour. In an hour where an ``above span'' 
calibration is being conducted and one or more data points are 
collected, the emissions average is represented by the average of all 
valid data points collected in that hour; and
    (D) In the event that the ``above span'' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must normalize 
the one-hour average stack gas values measured above the span during 
the 24-hour period preceding or following the ``above span'' 
calibration for reporting based on the HCl CEMS response to the 
reference gas as shown in equation 6:
[GRAPHIC] [TIFF OMITTED] TP11JA17.012

    Only one ``above span'' calibration is needed per 24-hour period.
    (2) Compliance with the mercury emissions limit must be determined 
using a mercury CEMS according to the following requirements:
    (i) You must operate a CEMS in accordance with performance 
specification 12A at 40 CFR part 60, appendix B or a sorbent trap based 
integrated monitor in accordance with performance specification 12B at 
40 CFR part 60, appendix B. The duration of the performance test must 
be a calendar month. For each calendar month in which the waste-burning 
kiln operates, hourly mercury concentration data and stack gas 
volumetric flow rate data must be obtained. You must demonstrate 
compliance with the mercury emissions limit using a 30-day rolling 
average of these 1-hour mercury concentrations, including CEMS data 
during startup and shutdown as defined in this subpart, calculated 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7. CEMS data during startup and shutdown, as 
defined in this subpart, are not corrected to 7 percent oxygen, and are 
measured at stack oxygen content;
    (ii) Owners or operators using a mercury continuous emissions 
monitoring systems must install, operate, calibrate and maintain an 
instrument for continuously measuring and recording the mercury mass 
emissions rate to the atmosphere according to the requirements of 
performance specifications 6 and 12A at 40 CFR part 60, appendix B and 
quality assurance procedure 5 at 40 CFR part 60, appendix F; and
    (iii) The owner or operator of a waste-burning kiln must 
demonstrate initial compliance by operating a mercury CEMS while the 
raw mill of the in-line kiln/raw mill is operating under normal 
conditions and including at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation; 
and
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec.  60.13(i).
    (l) For each CMS required in this section, you must develop and 
submit to the EPA Administrator for approval a site-specific monitoring 
plan according to the requirements of this paragraph (l) that addresses 
paragraphs (l)(1)(i) through (vi) of this section:
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system:
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust

[[Page 3578]]

emissions (e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer 
and the data collection and reduction systems;
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations);
    (iv) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec.  60.11(d);
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring 
plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section:
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow;
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent;
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances; and
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in 
paragraphs (l) and (n)(1) through (6) of this section:
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop);
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion;
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the 
pressure monitoring system operating range, whichever is less;
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap plugging daily);
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually; and
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section:
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH;
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured;
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day; and
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 
of the pH of the operating limit) of the pH monitoring system in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this 
section:
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates; and
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) and (2) of this section:
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate; and
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system 
to comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section:
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter;
    (2) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less;
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in ``Fabric Filter Bag Leak Detection Guidance,'' 
(EPA-454/R-98-015, September 1997). This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
Planning and Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D-243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network 
under Emissions Measurement Center Continuous Emissions Monitoring;
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor; and
    (5) Use a bag leak detection system equipped with a system that 
will sound an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec.  
62.14690 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour

[[Page 3579]]

arithmetic average emission concentrations, including CEMS data during 
startup and shutdown as defined in this subpart, using equation 19-19 
in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 
appendix A-7. The sulfur dioxide CEMS must be operated according to 
performance specification 2 in appendix B of 40 CFR part 60 and must 
follow the procedures and methods specified in paragraph (s) of this 
section. For sources that have actual inlet emissions less than 100 
parts per million dry volume, the relative accuracy criterion for inlet 
sulfur dioxide CEMS should be no greater than 20 percent of the mean 
value of the reference method test data in terms of the units of the 
emission standard, or 5 parts per million dry volume absolute value of 
the mean difference between the reference method and the CEMS, 
whichever is greater:
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of 40 CFR part 60, collect 
sulfur dioxide and oxygen (or carbon dioxide) data concurrently (or 
within a 30- to 60-minute period) with both the CEMS and the test 
methods specified in paragraphs (s)(1)(i) and (ii) of this section:
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses 
[Part 10, Instruments and Apparatus] must be used (see paragraph (z) of 
this section); and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus], as applicable, must be 
used (see paragraph (z) of this secion).
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this rule. 
The span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of 40 CFR part 
60.
    (t) For facilities using a CEMS to demonstrate continuous 
compliance with the nitrogen oxides emission limit, compliance with the 
nitrogen oxides emission limit may be demonstrated by using the CEMS 
specified in Sec.  62.14690 to measure nitrogen oxides. CEMS data 
during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen 
content. You must calculate a 30-day rolling average of the 1-hour 
arithmetic average emission concentration using equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix 
A-7. The nitrogen oxides CEMS must be operated according to performance 
specification 2 in appendix B of 40 CFR part 60 and must follow the 
procedures and methods specified in paragraphs (t)(1) through (4) of 
this section:
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of 40 CFR part 60, collect 
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or 
within a 30- to 60-minute period) with both the CEMS and the test 
methods specified in paragraphs (t)(1)(i) and (ii) of this section:
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR 
part 60, appendix A-4 must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus], as applicable, must be 
used (see paragraph (z) of this section).
    (2) The span value of the CEMS must be 125 percent of the maximum 
estimated hourly potential nitrogen oxide emissions of unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of 40 CFR part 
60.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through (iv) 
of this section. This relationship may be reestablished during 
performance compliance tests:
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981, 
Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as 
applicable, must be used to determine the oxygen concentration at the 
same location as the carbon dioxide monitor (see paragraph (z) of this 
section);
    (ii) Samples must be taken for at least 30 minutes in each hour;
    (iii) Each sample must represent a 1-hour average; and
    (iv) A minimum of 3 runs must be performed.
    (u) For facilities using a continuous emissions monitoring system 
to demonstrate continuous compliance with any of the emission limits of 
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown, as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. CEMS 
data during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen 
content; and
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of 40 CFR part 60.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain an oxygen analyzer system as 
defined in Sec.  62.14840 according to the procedures in paragraphs 
(w)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  62.14635;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during 
the most recent CO performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of 40 CFR part 60.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the

[[Page 3580]]

system as specified in paragraphs (x)(1) through (8) of this section. 
For other energy recovery units, you may elect to use PM CPMS operated 
in accordance with this section. PM CPMS are suitable in lieu of using 
other CMS for monitoring PM compliance (e.g., bag leak detectors, 
electrostatic precipitator secondary power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with paragraphs (l) and (x)(1)(i) through 
(iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation of the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps or the digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  62.14635.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or their digital 
equivalent).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional 
testing for any deviations that occur between the time of the original 
deviation and the PM emissions compliance test required under paragraph 
(x) of this section; and
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack(s), the combined emissions 
are subject to the emission limits applicable to waste-burning kilns. 
To determine the kiln-specific emission limit for demonstrating 
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 7:
    [GRAPHIC] [TIFF OMITTED] TP11JA17.013
    
Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr).
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O2.)
Qks = Kiln stack flow rate (volume/hr).

    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill.
    (3) For purposes of determining the combined emissions from kilns 
equipped with an alkali bypass or that exhaust kiln gases to a coal 
mill that exhausts through a separate stack, instead of installing a 
CEMS or PM CPMS on the alkali bypass stack or in-line coal mill stack, 
the results of the initial and subsequent performance test can be used 
to demonstrate compliance with the relevant emissions limit. A 
performance test must be conducted on an annual basis (between 11 and 
13 calendar months following the previous performance test).

[[Page 3581]]

    (z) Incorporation by reference. These standards are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
All approved material is available for inspection at the U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also 
inspect a copy at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (1) American Society of Mechanical Engineers (ASME), Three Park 
Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web site: 
https://www.asme.org/).
    (i) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus].
    (ii) [Reserved]
    (2) ASTM Int'l, 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/
).
    (i) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008.
    (ii) [Reserved]
    (3) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.
    (i) OAQPS Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-
015, September 1997.
    (ii) [Reserved]


Sec.  62.14675  By what date must I conduct the annual performance 
test?

    You must conduct annual performance tests between 11 and 13 months 
of the previous performance test.


Sec.  62.14676  By what date must I conduct the annual air pollution 
control device inspection?

    On an annual basis (no more than 12 months following the previous 
annual air pollution control device inspection), you must complete the 
air pollution control device inspection as described in Sec.  62.14666.


Sec.  62.14680  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  62.14675, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward, as specified in Sec.  62.14685. The Administrator may request 
a repeat performance test at any time;
    (2) You must repeat the performance test within 60 days of a 
process change, as defined in Sec.  62.14840; and
    (3) If the initial or any subsequent performance test for any 
pollutant in table 1 or tables 5 through 8 of this subpart, as 
applicable, demonstrates that the emission level for the pollutant is 
no greater than the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, and you are not required to 
conduct a performance test for the pollutant in response to a request 
by the Administrator in paragraph (a)(1) of this section or a process 
change in paragraph (a)(2) of this section, you may elect to skip 
conducting a performance test for the pollutant for the next 2 years. 
You must conduct a performance test for the pollutant during the third 
year and no more than 37 months following the previous performance test 
for the pollutant. For cadmium and lead, both cadmium and lead must be 
emitted at emission levels no greater than their respective emission 
levels specified in paragraph (a)(3)(i) of this section for you to 
qualify for less frequent testing under paragraph (a) of this section:
    (i) For particulate matter, hydrogen chloride, mercury, carbon 
monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/
furans, the emission level equal to 75 percent of the applicable 
emission limit in table 1 or tables 5 through 8 of this subpart, as 
applicable, to this subpart; and
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observation periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved].


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

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

Monitoring


Sec.  62.14690  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec.  62.14630, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 
2 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in table 2 of this subpart at all times except as specified in Sec.  
62.14695(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart and you do not use a PM CPMS for monitoring PM compliance, 
you must install, calibrate, maintain, and continuously operate a bag 
leak detection system as specified in paragraphs (b)(1) through (8) of 
this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system

[[Page 3582]]

that will alert automatically an operator when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is observed easily by plant operating 
personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or 
cell. For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec.  62.14630, you must install, calibrate (to the 
manufacturers' specifications), maintain, and operate the equipment 
necessary to monitor compliance with the site-specific operating limits 
established using the procedures in Sec.  62.14640.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  62.14650, 
whichever date comes first, ensure that the affected facility does not 
operate above the maximum charge rate, or below the minimum secondary 
chamber temperature (if applicable to your CISWI unit) or the minimum 
reagent flow rate measured as 3-hour block averages at all times; and
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart and you do not use a PM CPMS for 
monitoring PM compliance, you must monitor the secondary power to the 
electrostatic precipitator collection plates and maintain the 3-hour 
block averages at or above the operating limits established during the 
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry 
scrubber, in place of hydrogen chloride testing with EPA Method 321 at 
40 CFR part 63, appendix A, an owner or operator must install, 
calibrate, maintain, and operate a CEMS for monitoring hydrogen 
chloride emissions, as specified in Sec.  62.14670(j) of this subpart, 
discharged to the atmosphere and record the output of the system. To 
demonstrate continuous compliance with the hydrogen chloride emissions 
limit for units other than waste-burning kilns not equipped with a wet 
scrubber or dry scrubber, a facility may substitute use of a hydrogen 
chloride CEMS for conducting the hydrogen chloride annual performance 
test, monitoring the minimum hydrogen chloride sorbent flow rate, 
monitoring the minimum scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate 
matter emissions limit, a facility may substitute use of either a 
particulate matter CEMS or a particulate matter CPMS for conducting the 
particulate matter annual performance test and other CMS monitoring for 
PM compliance (e.g., bag leak detectors, electrostatic precipitator 
secondary power, PM scrubber pressure).
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the dioxin/furan annual performance test. 
You must record the output of the system and analyze the sample 
according to EPA Method 23 at 40 CFR part 60, appendix A-7. This option 
to use a continuous automated sampling system takes effect on the date 
a final performance specification applicable to dioxin/furan from 
continuous monitors is published in the Federal Register. The owner or 
operator who elects to continuously sample dioxin/furan emissions 
instead of sampling and testing using EPA Method 23 at 40 CFR part 60, 
appendix A-7 must install, calibrate, maintain and operate a continuous 
automated sampling system and must comply with the requirements 
specified in Sec.  60.58b(p) and (q). A facility may substitute 
continuous dioxin/furan monitoring for the minimum sorbent flow rate, 
if activated carbon sorbent injection is used solely for compliance 
with the dioxin/furan emission limit.
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance 
specification 12B criteria. This option to use a continuous automated 
sampling system takes effect on the date a final performance 
specification applicable to mercury from monitors is published in the 
Federal Register. The owner or operator who elects to continuously 
sample mercury emissions instead of sampling and testing using EPA 
Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-02 
(Reapproved 2008) (see Sec.  62.14670(z)), or an approved alternative 
method for measuring mercury emissions, must install, calibrate, 
maintain and operate a continuous automated sampling system and must 
comply with the requirements specified in Sec.  60.58b(p) and (q). A 
facility may substitute continuous mercury monitoring for the minimum 
sorbent flow rate, if activated carbon sorbent injection is used solely 
for compliance with the mercury emission limit. Waste-burning kilns 
must install, calibrate, maintain, and operate a mercury CEMS as 
specified in Sec.  62.14670(j) of this subpart.
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a CEMS for the 
nitrogen oxides annual performance test to demonstrate compliance with 
the nitrogen oxides emissions limits and monitoring the charge rate, 
secondary chamber temperature and reagent flow for selective 
noncatalytic reduction, if applicable:
    (1) Install, calibrate, maintain and operate a CEMS for measuring 
nitrogen oxides emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of 40 CFR part 60, the quality assurance procedure 1 of 
appendix F of 40 CFR part 60 and the procedures under Sec.  60.13 must 
be followed for installation, evaluation and operation of the CEMS; and
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec.  
62.14650, compliance with the emission limit for nitrogen oxides 
required under Sec.  60.52b(d) must be determined based on the 30-day 
rolling average of the hourly emission concentrations using CEMS outlet 
data. The 1-hour arithmetic averages must be expressed in parts per 
million by volume corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average concentrations. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack

[[Page 3583]]

oxygen content. The 1-hour arithmetic averages must be calculated using 
the data points required under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the sulfur dioxide annual performance 
test to demonstrate compliance with the sulfur dioxide emissions 
limits:
    (1) Install, calibrate, maintain and operate a CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of 40 CFR part 60, the quality assurance requirements 
of procedure 1 of appendix F of 40 CFR part 60 and the procedures under 
Sec.  60.13 must be followed for installation, evaluation and operation 
of the CEMS; and
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec.  
62.14650, compliance with the sulfur dioxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data. The 1-hour 
arithmetic averages must be expressed in parts per million corrected to 
7 percent oxygen (dry basis) and used to calculate the 30-day rolling 
average emission concentrations. CEMS data during startup and shutdown, 
as defined in this subpart, are not corrected to 7 percent oxygen, and 
are measured at stack oxygen content. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec.  
60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250 
MMBtu/hr annual average heat input rates that do not use a wet 
scrubber, fabric filter with bag leak detection system, or particulate 
matter CEMS, you must install, operate, certify and maintain a 
continuous opacity monitoring system according to the procedures in 
paragraphs (m)(1) through (5) of this section by the compliance date 
specified in Sec.  62.14630. Energy recovery units that use a 
particulate matter CEMS to demonstrate initial and continuing 
compliance according to the procedures in Sec.  62.14690(n) are not 
required to install a continuous opacity monitoring system and must 
perform the annual performance tests for opacity consistent with Sec.  
62.14670(f):
    (1) Install, operate and maintain each continuous opacity 
monitoring system according to performance specification 1 at 40 CFR 
part 60, appendix B;
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec.  60.13 and 
according to performance specification 1 at 40 CFR part 60, appendix B;
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period;
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec.  60.13(h)(1); and
    (5) Determine and record all the 6-minute averages (and 1-hour 
block averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, 
and small remote incinerators, an owner or operator may elect to 
install, calibrate, maintain and operate a CEMS for monitoring 
particulate matter emissions discharged to the atmosphere and record 
the output of the system. The owner or operator of an affected facility 
who continuously monitors particulate matter emissions instead of 
conducting performance testing using EPA Method 5 at 40 CFR part 60, 
appendix A-3 or, as applicable, monitor with a particulate matter CPMS 
according to paragraph (r) of this section, must install, calibrate, 
maintain and operate a CEMS and must comply with the requirements 
specified in paragraphs (n)(1) through (13) of this section:
    (1) Notify the Administrator 1 month before starting use of the 
system;
    (2) Notify the Administrator 1 month before stopping use of the 
system;
    (3) The monitor must be installed, evaluated and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of 40 CFR part 60 and quality assurance requirements of 
procedure 2 of appendix F of 40 CFR part 60 and Sec.  60.13;
    (4) The initial performance evaluation must be completed no later 
than 180 days after the final compliance date for meeting the amended 
emission limitations, as specified under Sec.  62.14650 or within 180 
days of notification to the Administrator of use of the continuous 
monitoring system if the owner or operator was previously determining 
compliance by Method 5 at 40 CFR part 60, appendix A-3 performance 
tests, whichever is later;
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec.  62.14670(t)(4)(i) through 
(iv);
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec.  62.14650. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in paragraph (n) of this section 
to measure particulate matter. You must calculate a 30-day rolling 
average of 1-hour arithmetic average emission concentrations, including 
CEMS data during startup and shutdown, as defined in this subpart, 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7;
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, Appendix A-7 of the part from the 1-hour arithmetic average of 
the CEMS outlet data;
    (8) At a minimum, valid continuous monitoring system hourly 
averages must be obtained as specified Sec.  62.14695;
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and 
must be used to calculate the 30-day rolling average emission 
concentrations. CEMS data during startup and shutdown, as defined in 
this subpart, are not corrected to 7 percent oxygen, and are measured 
at stack oxygen content. The 1-hour arithmetic averages must be 
calculated using the data points required under Sec.  60.13(e)(2);
    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (n)(8) of this section are not met;
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of 40 CFR part 60;
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of 40 CFR part 60, 
particulate matter and oxygen (or carbon dioxide) data must be 
collected concurrently (or within a 30- to 60-minute period) by both 
the CEMS and the following test methods:
    (i) For particulate matter, EPA Reference Method 5 at 40 CFR part 
60, appendix A-3 must be used; and

[[Page 3584]]

    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-2, as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
40 CFR part 60.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the carbon monoxide annual performance 
test to demonstrate compliance with the carbon monoxide emissions 
limits:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of 40 CFR part 60, the quality assurance procedure 1 
of appendix F of 40 CFR part 60 and the procedures under Sec.  60.13 
must be followed for installation, evaluation, and operation of the 
CEMS; and
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec.  
62.14650, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data collected during 
startup or shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain 
and operate a device or method for measuring the use of the bypass 
stack including date, time and duration.
    (q) For energy recovery units with a heat input capacity of 100 
MMBtu per hour or greater that do not use a carbon monoxide CEMS, you 
must install, operate and maintain the continuous oxygen monitoring 
system as defined in Sec.  62.14840 according to the procedures in 
paragraphs (q)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  62.14635;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (q)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen according 
to paragraph (q)(4) of this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7.
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, electrostatic precipitator secondary power, PM scrubber 
pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with Sec.  62.14670(l) and (r)(1)(i) 
through (iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation of the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps or the digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  62.14635.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or digital bits).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report); and
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return

[[Page 3585]]

the PM CPMS to operation consistent with your site-specific monitoring 
plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify the operation of the emissions control device(s). Within 45 
days of the deviation, you must re-establish the CPMS operating limit. 
You are not required to conduct additional testing for any deviations 
that occur between the time of the original deviation and the PM 
emissions compliance test required under this paragraph; and
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of 
this subpart, you must monitor the injection rate of each sorbent and 
maintain the 3-hour block averages at or above the operating limits 
established during the hydrogen chloride performance test.


Sec.  62.14695  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  62.14690, you must monitor and collect data 
according to this section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  62.14730(o)), and required 
monitoring system quality assurance or quality control activities 
including, as applicable, calibration checks and required zero and span 
adjustments. A monitoring system malfunction is any sudden, infrequent, 
not reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You are 
required to effect monitoring system repairs in response to monitoring 
system malfunctions or out-of-control periods and to return the 
monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during monitoring system 
malfunctions, repairs associated with monitoring system malfunctions or 
out-of-control periods, or required monitoring system quality assurance 
or control activities in calculations used to report emissions or 
operating levels. You must use all the data collected during all other 
periods, including data normalized for above scale readings, in 
assessing the operation of the control device and associated control 
system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

Recordkeeping and Reporting


Sec.  62.14700  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (w) of this section for a period 
of at least 5 years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates;
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable;
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable;
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec.  62.14640, you must 
maintain data collected for all operating parameters used to determine 
compliance with the operating limits. For energy recovery units using 
activated carbon injection or a dry scrubber, you must also maintain 
records of the load fraction and corresponding sorbent injection rate 
records; and
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
62.14635(c).
    (c) [Reserved]
    (d) [Reserved]
    (e) Identification of calendar dates and times for which data show 
a deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec.  
62.14635(d) through (g) or Sec.  62.14640 with a description of the 
deviations, reasons for such deviations, and a description of 
corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  62.14620(a) as required by 
Sec.  62.14620(b), including the date of the initial review and all 
subsequent annual reviews.
    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  62.14595, met 
the criteria for qualification under Sec.  62.14605, and maintained or 
renewed their qualification under Sec.  62.14610 or Sec.  62.14615. 
Records must include documentation of training, the dates of the 
initial and refresher training, and the dates of their qualification 
and all subsequent renewals of such qualifications.
    (i) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (j) Records of calibration of any monitoring devices as required 
under Sec.  62.14690.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec.  62.14620(a).
    (m) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).
    (n) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table

[[Page 3586]]

1 of this subpart or tables 5 through 8 of this subpart, any required 
maintenance and any repairs not completed within 10 days of an 
inspection or the timeframe established by the state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems:
    (1) All 6-minute average levels of opacity;
    (2) All 1-hour average concentrations of sulfur dioxide emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (3) All 1-hour average concentrations of nitrogen oxides emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (5) All 1-hour average concentrations of particulate matter 
emissions. You must indicate which data are CEMS data during startup 
and shutdown;
    (6) All 1-hour average concentrations of mercury emissions. You 
must indicate which data are CEMS data during startup and shutdown;
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions. You must indicate which data are CEMS data during startup 
and shutdown;
    (8) All 1-hour average percent oxygen concentrations; and
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs.
    (p) Records indicating use of the bypass stack, including dates, 
times and durations.
    (q) If you choose to stack test less frequently than annually, 
consistent with Sec.  62.14680(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel 
composition and operation of air pollution control equipment that would 
cause emissions of the relevant pollutant to increase within the past 
year.
    (r) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (s) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (u) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec.  241.3(b)(1), you must keep a record which documents how the 
secondary material meets each of the legitimacy criteria under Sec.  
241.3(d)(1). If you combust a fuel that has been processed from a 
discarded non-hazardous secondary material pursuant to Sec.  
241.3(b)(4), you must keep records as to how the operations that 
produced the fuel satisfies the definition of processing in Sec.  241.2 
and each of the legitimacy criteria in Sec.  241.3(d)(1) of this 
chapter. If the fuel received a non-waste determination pursuant to the 
petition process submitted under Sec.  241.3(c), you must keep a record 
that documents how the fuel satisfies the requirements of the petition 
process. For operating units that combust non-hazardous secondary 
materials as fuel per Sec.  241.4, you must keep records documenting 
that the material is a listed non-waste under Sec.  241.4(a).
    (v) Records of the criteria used to establish that the unit 
qualifies as a small power production facility under section 3(17)(C) 
of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste 
material the unit is proposed to burn is homogeneous.
    (w) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material 
the unit is proposed to burn is homogeneous.


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

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


Sec.  62.14710  What reports must I submit?

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


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

    You must submit a waste management plan no later than November 7, 
2017 or six months prior to the date you commence or recommence burning 
solid waste, whichever is later.


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

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager:
    (a) The complete test report for the initial performance test 
results obtained under Sec.  62.14660, as applicable;
    (b) The values for the site-specific operating limits established 
in Sec.  62.14635 or Sec.  62.14640; and
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  62.14690(b).


Sec.  62.14725  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  62.14720. You must submit 
subsequent reports no more than 12 months following the previous 
report. (If the unit is subject to permitting requirements under title 
V of the Clean Air Act, you may be required by the permit to submit 
these reports more frequently.)


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

    The annual report required under Sec.  62.14725 must include the 
ten items listed in paragraphs (a) through (j) of this section. If you 
have a deviation from the operating limits or the emission limitations, 
you must also submit deviation reports as specified in Sec. Sec.  
62.14735, 62.14740, and 62.14745.
    (a) Company name and address;
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report;
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  62.14635 or Sec.  62.14640.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported;
    (g) Information recorded under Sec.  62.14700(b)(6) and (c) through 
(e) for the calendar year being reported.

[[Page 3587]]

    (h) For each performance test conducted during the reporting 
period, if any performance test is conducted, the process unit(s) 
tested, the pollutant(s) tested and the date that such performance test 
was conducted. Submit, following the procedure specified in Sec.  
62.14755(b)(1), the performance test report no later than the date that 
you submit the annual report;
    (i) If you met the requirements of Sec.  62.14680(a) or (b), and 
did not conduct a performance test during the reporting period, you 
must state that you met the requirements of Sec.  62.14680(a) or (b), 
and, therefore, you were not required to conduct a performance test 
during the reporting period;
    (j) Documentation of periods when all qualified CISWI unit 
operators were unavailable for more than 8 hours, but less than 2 
weeks;
    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction;
    (l) For each deviation from an emission or operating limitation 
that occurs for a CISWI unit for which you are not using a CMS to 
comply with the emission or operating limitations in this subpart, the 
annual report must contain the following information:
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period; and
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in 
paragraph (o) of this section, the annual report must contain the 
following information for each deviation from an emission or operating 
limitation occurring for a CISWI unit for which you are using a 
continuous monitoring system to comply with the emission and operating 
limitations in this subpart:
    (1) The date and time that each malfunction started and stopped;
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks;
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken;
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or 
during another period;
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period;
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes;
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period;
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit;
    (9) A brief description of the CISWI unit;
    (10) A brief description of the continuous monitoring system;
    (11) The date of the latest continuous monitoring system 
certification or audit; and
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control if any of the 
following occur:
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard;
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit; and
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.
    (p) For energy recovery units, include the annual heat input and 
average annual heat input rate of all fuels being burned in the unit to 
verify which subcategory of energy recovery unit applies.


Sec.  62.14735  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

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


Sec.  62.14740  What must I include in the deviation report?

    In each report required under Sec.  62.14735, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the four items described in 
paragraphs (a) through (d) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements;
    (b) The averaged and recorded data for those dates;
    (c) Duration and causes of the following:
    (1) Each deviation from the emission limitations or operating 
limits and your corrective actions; and
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and, for any test report that documents the emission levels, 
the process unit(s) tested, the pollutant(s) tested and the date that 
the performance test was conducted. Submit, following the procedure 
specified in Sec.  62.14755(b)(1), the performance test report no later 
than the date that you submit the deviation report.

[[Page 3588]]

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

    (a) If all qualified operators are not accessible for two weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) You must submit a notification of the deviation within 10 days 
that includes the three items in paragraphs (a)(1)(i) through (iii) of 
this section.
    (i) A statement of what caused the deviation;
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible; and
    (iii) The date when you anticipate that a qualified operator will 
be available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible;
    (ii) The date when you anticipate that a qualified operator will be 
accessible; and
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec.  62.14625(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.


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

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate, 
you must provide 30 days prior notice of the effective date of the 
waste-to-fuel switch, consistent with Sec.  62.14670(a). The 
notification must identify:
    (1) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI 
unit is currently combusting and has combusted over the past 6 months, 
and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (4) The date on which you became subject to the currently 
applicable emission limits; and
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  62.14755  In what form can I submit my reports?

    (a) Submit initial, annual, and deviation reports electronically on 
or before the submittal due dates. Submit the reports to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI 
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov).) Use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the 
extensible markup language (XML) schema listed on the CEDRI Web site 
(https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri), once the XML schema is 
available. If the reporting form specific to this subpart is not 
available in CEDRI at the time that the report is due, submit the 
report to the Administrator at the appropriate address listed in Sec.  
60.4. Once the form has been available in CEDRI for 90 calendar days, 
you must begin submitting all subsequent reports via CEDRI. The reports 
must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows:
    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, you must submit the 
results of the performance test following the procedure specified in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the 
results of the performance test to the EPA via the CEDRI. (CEDRI can be 
accessed through the EPA's CDX (https://cdx.epa.gov).) Performance test 
data must be submitted in a file format generated through the use of 
the EPA's ERT or an alternate electronic file format consistent with 
the XML schema listed on the EPA's ERT Web site. If you claim that some 
of the performance test information being submitted is confidential 
business information (CBI), you must submit a complete file generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash 
drive, or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via 
the EPA's CDX as described earlier in this paragraph; and
    (ii) For data collected using test methods that are not supported 
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (c)(1) or (c)(2) of this section:
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the evaluation, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the 
EPA's CDX.) Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate file 
format consistent with the XML schema listed on the EPA's ERT Web site. 
If you claim that some of the performance evaluation information being 
submitted is CBI, you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with 
the XML schema listed on the EPA's ERT Web site, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic storage media 
must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph; and
    (ii) For any performance evaluations of continuous monitoring 
systems

[[Page 3589]]

measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site at the time of the evaluation, you 
must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  60.4.


Sec.  62.14760  Can reporting dates be changed?

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

Air Curtain Incinerators


Sec.  62.14765  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under Sec.  62.14830 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  62.14765 through 62.14825):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec. Sec.  62.14770-62.14775   [Reserved]


Sec.  62.14795  [Reserved]


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

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in this subpart, you must comply with the final 
standards on February 7, 2018.
    (b) If you close your incinerator but will restart it after 
February 7, 2018, you must complete emission control retrofits and meet 
the emission limitations on the date your incinerator restarts 
operation.


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

    If you plan to permanently close your incinerator rather than 
comply with this subpart, submit a closure notification, including the 
date of closure, to the Administrator no later than six months prior to 
your operation will cease. The closure date cannot be later than 
February 7, 2018 for sources that will not operate on and after the 
compliance date. In addition, while still in operation, your air 
curtain incinerator is subject to the same requirement to apply for and 
obtain a title V operating permit that applies to an air curtain 
incinerator that will not be permanently closing.


Sec.  62.14815  What are the emission limitations for air curtain 
incinerators?

    After the date the initial test for opacity is required or 
completed (whichever is earlier), you must meet the limitations in 
paragraphs (a) and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values), except as described in paragraph (b) 
of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values) during the startup period that is 
within the first 30 minutes of operation.


Sec.  62.14820  How must I monitor opacity for air curtain 
incinerators?

    (a) Use Method 9 of 40 CFR part 60, appendix A to determine 
compliance with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
no later than 180 days after your final compliance date.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


Sec.  62.14825  What are the recordkeeping and reporting requirements 
for air curtain incinerators?

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

Title V Requirements


Sec.  62.14830  Am I required to apply for and obtain a Title V 
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator subject to 
standards under this subpart must operate pursuant to a permit issued 
under Clean Air Act sections 129(e) and title V.


Sec.  62.14835  [Reserved]

Delegation of Authority


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

    The following authorities are withheld by the EPA Administrator and 
not transferred to the State or Tribe:
    (a) Approval of alternatives to the emission limitations in tables 
1 and 5 through 8 of this subpart and operating limits established 
under Sec.  62.14635 and table 2 of this subpart.
    (b) Approval of petitions submitted pursuant to the requirements of 
Sec.  62.14640 establishing operating parameters when using controls 
other than a wet scrubber, fabric filter, activated carbon injection, 
selective noncatalytic reduction, or a dry scrubber to comply with the 
emission limitations in tables 1 and 5 through 8 of this subpart.
    (c) Approval of major alternatives to test methods established 
under Sec.  62.14650 and tables 1 and 5 through 8 of this subpart.
    (d) Approval of major alternatives to monitoring requirements 
established under Sec. Sec.  62.14690, 62.14605 and table 2 of this 
subpart.
    (e) Approval of major alternatives to recordkeeping and reporting 
requirements of this subpart.
    (f) [Reserved]
    (g) Approval of requests submitted pursuant to the requirements in 
Sec.  62.14625(b)(2).
    (h) Approval of alternative opacity emission limits in Sec.  
62.14630 under Sec.  60.11(e)(6) through (e)(8).
    (i) Performance test and data reduction waivers under Sec. Sec.  
62.14650(j), 60.8(b)(4) and (5).
    (j) Determination of whether a qualifying small power production 
facility or cogeneration facility under Sec.  62.14525(e) or (f) is 
combusting homogeneous waste.

[[Page 3590]]

Definitions


Sec.  62.14840  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act, subparts A and B of part 60 and subpart A of this part 62.
    30-day rolling average means the arithmetic mean of the previous 
720 hours of valid operating data. Valid data excludes periods when 
this unit is not operating. The 720 hours should be consecutive, but 
not necessarily continuous if operations are intermittent.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are different from conventional combustion 
devices which typically have enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel 
oil, or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter (i.e., baghouse) in order to detect bag failures. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    Calendar quarter means 3 consecutive months (non-overlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators and small remote incinerators: CEMS data 
collected during the first hours of operation of a CISWI unit startup 
from a cold start until waste is fed into the unit and the hours of 
operation following the cessation of waste material being fed to the 
CISWI unit during a unit shutdown. For each startup event, the length 
of time that CEMS data may be claimed as being CEMS data during startup 
must be 48 operating hours or less. For each shutdown event, the length 
of time that CEMS data may be claimed as being CEMS data during 
shutdown must be 24 operating hours or less;
    (2) For energy recovery units: CEMS data collected during the 
startup or shutdown periods of operation. Startup begins with either 
the first-ever firing of fuel in a boiler or process heater for the 
purpose of supplying useful thermal energy (such as steam or heat) for 
heating, cooling or process purposes, or producing electricity, or the 
firing of fuel in a boiler or process heater for any purpose after a 
shutdown event. Startup ends four hours after when the boiler or 
process heater makes useful thermal energy (such as heat or steam) for 
heating, cooling, or process purposes, or generates electricity, 
whichever is earlier. Shutdown begins when the boiler or process heater 
no longer makes useful thermal energy (such as heat or steam) for 
heating, cooling, or process purposes and/or generates electricity or 
when no fuel is being fed to the boiler or process heater, whichever is 
earlier. Shutdown ends when the boiler or process heater no longer 
makes useful thermal energy (such as steam or heat) for heating, 
cooling, or process purposes and/or generates electricity, and no fuel 
is being combusted in the boiler or process heater; and
    (3) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup means 
the time from when a shutdown kiln first begins firing fuel until it 
begins producing clinker. Startup begins when a shutdown kiln turns on 
the induced draft fan and begins firing fuel in the main burner. 
Startup ends when feed is being continuously introduced into the kiln 
for at least 120 minutes or when the feed rate exceeds 60 percent of 
the kiln design limitation rate, whichever occurs first. Shutdown means 
the cessation of kiln operation. Shutdown begins when feed to the kiln 
is halted and ends when continuous kiln rotation ceases.
    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. A chemical recovery unit is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart. The following seven types of 
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process;
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid;
    (3) Units burning only wood or coal feedstock for the production of 
charcoal;
    (4) Units burning only manufacturing byproduct streams/residue 
containing catalyst metals that are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts;
    (5) Units burning only coke to produce purified carbon monoxide 
that is used as an intermediate in the production of other chemical 
compounds;
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes; and
    (7) Units burning only photographic film to recover silver.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as

[[Page 3591]]

that term is defined in 40 CFR part 241. If the operating unit burns 
materials other than traditional fuels as defined in Sec.  241.2 that 
have been discarded, and you do not keep and produce records as 
required by Sec.  62.14700(u), the operating unit is a CISWI unit. 
While not all CISWI units will include all of the following components, 
a CISWI unit includes, but is not limited to, the solid waste feed 
system, grate system, flue gas system, waste heat recovery equipment, 
if any, and bottom ash system. The CISWI unit does not include air 
pollution control equipment or the stack. The CISWI unit boundary 
starts at the solid waste hopper (if applicable) and extends through 
two areas: The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and the combustion unit bottom ash system, which 
ends at the truck loading station or similar equipment that transfers 
the ash to final disposal. The CISWI unit includes all ash handling 
systems connected to the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to 
provide a permanent record of emissions or process parameters. A 
particulate matter continuous parameter monitoring system (PM CPMS) is 
a type of CMS.
    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements; and
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
    Dioxins/furans means tetra-through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal 
solid materials but less than 10 percent coal, on a heat input basis on 
an annual average, either alone or in combination with liquid waste, 
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and 
gas (Liquid/gas) means an energy recovery unit that burns a liquid 
waste with liquid or gaseous fuels not combined with any solid fuel or 
waste materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy 
recovery units designed to burn biomass.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR 
part 241) for the purpose of reducing the volume of the waste by 
removing combustible matter. Incinerator designs include single chamber 
and two-chamber.
    In-line coal mill means those coal mills using kiln exhaust gases 
in their process. Coal mills with a heat source other than the kiln or 
coal mills using exhaust gases from the clinker cooler alone are not an 
in-line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement 
production process where a dry kiln system is integrated with the raw 
mill so that all or a portion of the kiln exhaust gases are used to 
perform the drying operation of the raw mill, with no auxiliary heat 
source used. In this system the kiln is capable of operating without 
the raw mill operating, but the raw mill cannot operate without the 
kiln gases, and consequently, the raw mill does not generate a separate 
exhaust gas stream.
    Kiln means an oven or furnace, including any associated preheater 
or precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses used for processing a substance by burning, firing or drying. 
Kilns include cement kilns that produce clinker by heating limestone 
and other materials for subsequent production of Portland Cement. 
Because the alkali bypass, in-line raw mill and in-line coal mill are 
considered an integral part of the kiln, the kiln emissions limits also 
apply to the exhaust of the alkali bypass, in-line raw mill and in-line 
coal mill.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Load fraction means the actual heat input of an energy recovery 
unit divided by heat input during the performance test that established 
the minimum sorbent injection rate or minimum activated carbon 
injection rate,

[[Page 3592]]

expressed as a fraction (e.g., for 50 percent load the load fraction is 
0.5).
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
state standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than August 7, 2013 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit; and
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine 
the oxygen content of a gas stream and used to monitor oxygen in the 
boiler or process heater flue gas, boiler/process heater, firebox, or 
other appropriate location. This definition includes oxygen trim 
systems and certified oxygen CEMS. The source owner or operator is 
responsible to install, calibrate, maintain, and operate the oxygen 
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over 
its operating range. A typical system consists of a flue gas oxygen 
and/or carbon monoxide monitor that automatically provides a feedback 
signal to the combustion air controller or draft controller.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60, 
appendix A.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified 
in the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the 
CISWI unit which may increase the emission rate of any air pollutant to 
which a standard applies;
    (2) An operational change to the CISWI unit where a new type of 
non-hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter); and
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    Rack reclamation unit means a unit that burns the coatings off 
racks used to hold small items for application of a coating. The unit 
burns the coating overspray off the rack so the rack can be reused.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after August 7, 2013; and
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel; and
    (2) Pelletized refuse-derived fuel.

[[Page 3593]]

    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business 
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized 
representative of such person if the representative is responsible for 
the overall operation of one or more manufacturing, production, or 
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross 
annual sales or expenditures exceeding $25 million (in second quarter 
1980 dollars); or
    (ii) The delegation of authority to such representatives is 
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, state, federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or 
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under 
part 60.
    Shutdown means, for incinerators and small, remote incinerators, 
the period of time after all waste has been combusted in the primary 
chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, a waste-burning kiln, an energy recovery 
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of 
any facility which combusts any solid waste (as that term is defined by 
the Administrator in 40 CFR part 241) material from commercial or 
industrial establishments or the general public (including single and 
multiple residences, hotels and motels). Such term does not include 
incinerators or other units required to have a permit under section 
3005 of the Solid Waste Disposal Act. The term ``solid waste 
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, 
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes and clean lumber and that such air 
curtain incinerators comply with opacity limitations to be established 
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1 
atmosphere (101.3 kilopascals).
    Startup period means, for incinerators and small, remote 
incinerators, the period of time between the activation of the system 
and the first charge to the unit.
    Useful Thermal Energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected energy recovery unit.
    Waste-burning kiln means a kiln that is heated, in whole or in 
part, by combusting solid waste (as the term is defined by the 
Administrator in 40 CFR part 241). Secondary materials used in Portland 
cement kilns shall not be deemed to be combusted unless they are 
introduced into the flame zone in the hot end of the kiln or mixed with 
the precalciner fuel.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including non-vaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands;
    (2) Construction, renovation, or demolition wastes; or
    (3) Clean lumber.

 Table 1 to Subpart III of Part 62--Emission Limitations That Apply to Incinerators Before February 7, 2018 \2\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of part 60).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B, of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of this part).

[[Page 3594]]

 
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                          appendix A-8) or ASTM
                                                                                          D6784-02 (Reapproved
                                                                                          2008).\3\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of part
                                                                                          60).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of part
                                                                                          60).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\2\ Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior
  to June 4, 2010.
\3\ Incorporated by reference, see Sec.   62.14670(z).


                      Table 2 to Subpart III of Part 62--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                  You must establish          And monitor using these minimum frequencies
 For these operating parameters     these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Continuous........  Every hour........  1. Daily (batch
                                   rate.                                                       units).
                                                                                              2. 3-hour rolling
                                                                                               (continuous and
                                                                                               intermittent
                                                                                               units).\1\
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling.\1\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
Scrubber liquor flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling.\1\
Scrubber liquor pH..............  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Calculated each hour as the average of the previous 3 operating hours.


      Table 3 to Subpart III of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...............               1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.............             0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.........            0.01
Octachlorinated dibenzo-p-dioxin........................           0.001
2,3,7,8-tetrachlorinated dibenzofuran...................             0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................             0.5
1,2,3,7,8-pentachlorinated dibenzofuran.................            0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................             0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.............            0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.............            0.01
Octachlorinated dibenzofuran............................           0.001
------------------------------------------------------------------------


[[Page 3595]]


                    Table 4 to Subpart III of Part 62--Summary of Reporting Requirements \1\
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan.............  No later than November   Waste management plan..  Sec.   62.14715.
                                        7, 2017 or six months
                                        prior to the date you
                                        commence or recommence
                                        burning solid waste,
                                        whichever is later.
B. Initial Test Report...............  No later than 60 days    1. Complete test report  Sec.   62.14720.
                                        following the initial    for the initial
                                        performance test.        performance test.
                                                                2. The values for the
                                                                 site-specific
                                                                 operating limits.
                                                                3. Installation of bag
                                                                 leak detection systems
                                                                 for fabric filters.
C. Annual report.....................  No later than 12 months  1. Name and address....  Sec.  Sec.   62.14725
                                        following the           2. Statement and          and 62.14730.
                                        submission of the        signature by             Subsequent reports are
                                        initial test report.     responsible official.    to be submitted no
                                        Subsequent reports are  3. Date of report......   more than 12 months
                                        to be submitted no      4. Values for the         following the previous
                                        more than 12 months      operating limits..       report.
                                        following the previous  5. If no deviations or
                                        report.                  malfunctions were
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period.
                                                                6. Highest recorded 3-
                                                                 hour average and the
                                                                 lowest 3-hour average,
                                                                 as applicable, for
                                                                 each operating
                                                                 parameter recorded for
                                                                 the calendar year
                                                                 being reported.
                                                                7. Information for
                                                                 deviations or
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 62.14700(b)(6) and (c)
                                                                 through (e).
                                                                8. If a performance
                                                                 test was conducted
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test.
                                                                9. If a performance
                                                                 test was not conducted
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   62.14680(a)
                                                                 were met.
                                                                10. Documentation of
                                                                 periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 8 hours but less
                                                                 than 2 weeks.
D. Emission Limitation or Operating    By August 1 of that      1. Dates and times of    Sec.  Sec.   62.14735
 Limit Deviation Report.                year for data            deviations.              and 62.14740.
                                        collected during the    2. Averaged and
                                        first half of the        recorded data for
                                        calendar year.           these dates.
                                       By February 1 of the     3. Duration and causes
                                        following year for       for each deviation and
                                        data collected during    the corrective actions
                                        the second half of the   taken.
                                        calendar year.          4. Copy of operating
                                                                 limit monitoring data
                                                                 and any test reports.
                                                                5. Dates, times, and
                                                                 causes for monitor
                                                                 downtime incidents.
                                                                6. Whether each
                                                                 deviation occurred
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction.
E. Qualified Operator Deviation        Within 10 days of        1. Statement of cause    Sec.   62.14745(a)(1).
 Notification.                          deviation.               of deviation.
                                                                2. Description of
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                3. The date a qualified
                                                                 operator will be
                                                                 accessible.
F. Qualified Operator Deviation        Every 4 weeks following  1. Description of        Sec.   62.14745(a)(2).
 Status Report.                         deviation.               efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                2. The date a qualified
                                                                 operator will be
                                                                 accessible.
                                                                3. Request for approval
                                                                 to continue operation.
G. Qualified Operator Deviation        Prior to resuming        Notification that you    Sec.   62.14745(b).
 Notification of Resumed Operation.     operation.               are resuming operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


[[Page 3596]]


   Table 5 to Subpart III of Part 62--Model Rule--Emission Limitations That Apply to Incinerators on and After
                                                February 7, 2018
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \1\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.\2\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0048 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\3\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\3\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  53 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\2\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   62.14680 if all of the other provisions of Sec.   62.14680 are met. For all other
  pollutants that do not contain a footnote ``2'', your performance tests for this pollutant for at least 2
  consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify
  for skip testing.
\3\ Incorporated by reference, see Sec.   62.1670(z).


  Table 6 to Subpart III of Part 62--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
                                                February 7, 2018
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \1\                       Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        2 dry standard      appendix A-8).
                                                      Coal--0.0017         cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Carbon monoxide.................  35 parts per        Biomass--260 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--95 parts per   run).               appendix A-4).
                                                       million dry
                                                       volume.

[[Page 3597]]

 
Dioxins/furans (total mass        2.9 nanograms per   Biomass--0.52       3-run average       Performance test
 basis).                           dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.\2\           4 dry standard      appendix A-7).
                                                      Coal--5.1            cubic meter).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.
Dioxins/furans (toxic             0.32 nanograms per  Biomass--0.12       3-run average       Performance test
 equivalency basis).               dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.              4 dry standard      appendix A-7).
                                                      Coal--0.075          cubic meters).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.\2\.
Hydrogen chloride...............  14 parts per        Biomass--0.20       3-run average (for  Performance test
                                   million dry         parts per million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume.         collect a minimum   at 40 CFR part
                                                      Coal--58 parts per   of 120 liters;      60, appendix A-
                                                       million dry         for Method 26A,     8).
                                                       volume.             collect a minimum
                                                                           volume of 1 dry
                                                                           standard cubic
                                                                           meter).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.\2\     2 dry standard      appendix A-8).
                                                      Coal--0.057          cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Mercury.........................  0.0024 milligrams   Biomass--0.0022     3-run average (For  Performance test
                                   per dry standard    milligrams per      Method 29 and       (Method 29 or 30B
                                   cubic meter.        dry standard        ASTM D6784-02       at 40 CFR part
                                                       cubic meter.        (Reapproved         60, appendix A-8)
                                                      Coal--0.013          2008),\3\ collect   or ASTM D6784-02
                                                       milligrams per      a minimum volume    (Reapproved 2008)
                                                       dry standard        of 2 dry standard   \3\
                                                       cubic meter.        cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume.             minimum sample      at 40 CFR part
                                                      Coal--460 parts      time per run).      60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Particulate matter filterable...  110 milligrams per  Biomass--11         3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter.        1 dry standard      60, appendix A-3
                                                      Coal--130            cubic meter).       or appendix A-8)
                                                       milligrams per                          if the unit has
                                                       dry standard                            an annual average
                                                       cubic meter.                            heat input rate
                                                                                               less than or
                                                                                               equal to 250
                                                                                               MMBtu/hr; or PM
                                                                                               CPMS (as
                                                                                               specified in Sec.
                                                                                                 62.14670(x)) if
                                                                                               the unit has an
                                                                                               annual average
                                                                                               heat input rate
                                                                                               greater than 250
                                                                                               MMBtu/hr.
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--850 parts      run).               60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\2\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   62.14680 if all of the other provisions of Sec.   62.14680 are met. For all other
  pollutants that do not contain a footnote ``2'', your performance tests for this pollutant for at least 2
  consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify
  for skip testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\3\ Incorporated by reference, see Sec.   62.14670(z).


[[Page 3598]]


   Table 7 to Subpart III of Part 62--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After
                                                February 7, 2018
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\            time                  method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.\2\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Carbon monoxide......................  110 (long kilns)/790     3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  1.3 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic           a minimum volume of 4    (Method 23 at 40 CFR
                                        meter.\2\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (collect   Performance test
                                        dry volume.\2\           a minimum volume of 1    (Method 321 at 40 CFR
                                                                 dry standard cubic       part 63, appendix A of
                                                                 meter) or 30-day         this part) or HCl CEMS
                                                                 rolling average if HCl   if a wet scrubber or
                                                                 CEMS is being used.      dry scrubber is not
                                                                                          used, as specified in
                                                                                          Sec.   62.14670(j).
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.\2\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.011 milligrams per     30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                          specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B of this
                                                                                          part), as specified in
                                                                                          Sec.   62.14670(j).
Oxides of nitrogen...................  630 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  13.5 milligrams per dry  30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.
                                                                                          62.14670(x)).
Sulfur dioxide.......................  600 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters;    CFR part 60, appendix
                                                                 for Method 6C, 1 hour    A-4).
                                                                 minimum sample time
                                                                 per run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and
  shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis
  limit or the toxic equivalency basis limit.
\2\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   62.14680 if all of the other provisions of Sec.   62.14680 are met. For all other
  pollutants that do not contain a footnote ``2'', your performance tests for this pollutant for at least 2
  consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify
  for skip testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\3\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in
  62.14670(y)(3). They are not be subject to the CEMS, sorbent trap or CPMS requirements that otherwise may
  apply to the main kiln exhaust.


  Table 8 to Subpart III of Part 62--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                                             After February 7, 2018
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.95 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  64 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4,400 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      180 nanograms per dry    3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).

[[Page 3599]]

 
Hydrogen chloride....................  300 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.1 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0053 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\2\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\2\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  190 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  270 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  150 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters     CFR part 60, appendix
                                                                 per run; for Method      A-4).
                                                                 6C, 1 hour minimum
                                                                 sample time per run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\2\ Incorporated by reference, see Sec.   62.14670(z).

[FR Doc. 2016-31203 Filed 1-10-17; 8:45 am]
 BILLING CODE 6560-50-P