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Rule2024-26650

Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010 and Have Not Been Modified or Reconstructed Since August 7, 2013

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Published

December 11, 2024

Effective

January 10, 2025

Issuing agencies

Environmental Protection Agency

Abstract

This action finalizes the Federal plan for existing commercial and industrial solid waste incineration units (CISWI). This final action implements the U.S. Environmental Protection Agency's (EPA) emission guidelines adopted on February 7, 2013, as amended on June 23, 2016, and on April 16, 2019, in states that do not have an approved state plan implementing the emission guidelines in place by the effective date of this Federal plan. The implementation of the emission guidelines will result in emissions reductions of the regulated pollutants including cadmium, hydrogen chloride, lead, mercury, carbon monoxide, nitrogen oxides, particulate matter, and sulfur dioxide from the affected CISWI. This final action is also revising the definition of "small, remote incinerator" to reflect new statutory prohibitions on the implementation of CISWI standards to units in the State of Alaska.

Full Text

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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 100092-100136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26650]

[[Page 100091]]

Vol. 89

Wednesday,

No. 238

December 11, 2024

Part III

Environmental Protection Agency

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40 CFR Part 62

Federal Plan Requirements for Commercial and Industrial Solid Waste
Incineration Units That Commenced Construction On or Before June 4,
2010 and Have Not Been Modified or Reconstructed Since August 7, 2013;
Final Rule

Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 /
Rules and Regulations

[[Page 100092]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2016-0664; FRL-5960-02-OAR]
RIN 2060-AT28

Federal Plan Requirements for Commercial and Industrial Solid
Waste Incineration Units That Commenced Construction On or Before June
4, 2010 and Have Not Been Modified or Reconstructed Since August 7,
2013

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the Federal plan for existing commercial
and industrial solid waste incineration units (CISWI). This final
action implements the U.S. Environmental Protection Agency's (EPA)
emission guidelines adopted on February 7, 2013, as amended on June 23,
2016, and on April 16, 2019, in states that do not have an approved
state plan implementing the emission guidelines in place by the
effective date of this Federal plan. The implementation of the emission
guidelines will result in emissions reductions of the regulated
pollutants including cadmium, hydrogen chloride, lead, mercury, carbon
monoxide, nitrogen oxides, particulate matter, and sulfur dioxide from
the affected CISWI. This final action is also revising the definition
of ``small, remote incinerator'' to reflect new statutory prohibitions
on the implementation of CISWI standards to units in the State of
Alaska.

DATES: This final rule is effective January 10, 2025. The incorporation
by reference of certain publications listed in the regulation is
approved by the Director of the Federal Register as of January 10,
2025.

ADDRESSES: 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 on the <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> website. Although listed,
some information is not publicly available, e.g., Confidential Business
Information (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 form. Publicly available docket materials are available
electronically through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.

FOR FURTHER INFORMATION CONTACT: Dr. Felica Davis, Sector Policies and
Programs Division (E14305), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711;
telephone number: (919) 541-4857; and email address:
<a href="/cdn-cgi/l/email-protection#1c787d6a756f327a7970757f7d5c796c7d327b736a">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations.
Throughout this document the use of ``we,'' ``us,'' or ``our'' is
intended to refer to the EPA. We use multiple acronyms and terms in
this preamble. While this list may not be exhaustive, to ease the
reading of this preamble and for reference purposes, the EPA defines
the following terms and acronyms here:

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 units
CMS Continuous monitoring system
CO Carbon monoxide
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
FF Fabric filter
HAP Hazardous air pollutants
HCl Hydrogen chloride
Hg Mercury
IBR Incorporation by reference
ICR Information collection request
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
Pb Lead
PCB hydrocarbons and polychlorinated biphenyls
PM Particulate matter (filterable, unless otherwise specified)
PM2.5 Particulate matter (diameter less than or equal to 2.5
micrometers)
PM CPMS Particulate matter Continuous Parameter Monitoring System
ppmv Parts per million by volume
RIN Regulatory Information Number
SRI Small, remote incinerators
SO2 Sulfur dioxide
the Court United States Court of Appeals for the District of
Columbia Circuit
tpy Tons per year
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards

Organization of this document. The information in this preamble is
organized as follows:

I. General Information
A. Does the action apply to me?
B. What action is the EPA taking?
C. How do I obtain a copy of this document and other related
information?
D. Judicial Review
E. What are the incremental costs and benefits of this action?
II. Background Information
A. What is the statutory authority for this action?
B. What is the purpose of this action?
C. What is the status of state plan submittals?
III. Summary of Changes Since Proposal and Response to Comments
IV. Summary of Final CISWI Federal Plan Requirements
A. What are the final applicability requirements?
B. What are the final compliance schedules?
C. What emissions and operating limits is the EPA incorporating
into the final Federal plan?
D. What are the final performance testing and monitoring
requirements?
E. What are the final recordkeeping and reporting requirements?
F. What are the other final requirements?
V. CISWI That Have or Will Shut Down
A. Units That Plan To Close
B. Inoperable Units
C. CISWI That Have Shut Down
VI. 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
VII. Title V Operating Permits
Title V and Delegation of a Federal Plan
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing 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 and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act (CRA)

I. General Information

A. Does the action apply to me?

Regulated entities. Owners or operators of existing CISWI that are

[[Page 100093]]

subject to the existing Federal plan implementing the December 1, 2000,
emission guidelines (EG), and units not already subject to an EPA-
approved and effective state plan implementing the February 7, 2013, EG
(and subsequent 2016 and 2019 amendments made to the EG), may be
regulated by this final action. Existing CISWI 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.
Although there is no specific North American Industry Classification
System (NAICS) code for CISWI, these units may be operated by the
categories of sources listed in table 1 of this preamble.

Table 1--Examples of Potentially Regulated Entities
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Examples of potentially regulated
Category NAICS code entities
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Any industrial or commercial facility using a 211, 212, 486 Mining; oil and gas exploration
solid waste incinerator. operations; pipeline operators.
221 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.
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This table is not intended to be exhaustive, but rather provides a
general guide for identifying entities likely to be affected by this
action. To determine whether a facility would be affected by this
action, please examine the applicability criteria in 40 Code of Federal
Regulations (CFR) 62.14510 through 62.14525 (now at 40 CFR 62.14510a
through 62.14530a) of subpart III (now subpart IIIa). 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 action is the EPA taking?

In this action, the EPA is finalizing the Federal plan for existing
CISWI in states that do not have an approved state plan implementing
the CISWI EG. The CISWI Federal plan was proposed on January 11, 2017
(82 FR 3554), and received 13 public comments, some of which led to
revisions that were made to this final rule. The comments on the
proposal and changes the EPA made to finalize this Federal plan are
discussed in more detail in section III. of this preamble.

C. How do I obtain a copy of this document and other related
information?

The docket number for this final action regarding the CISWI Federal
plan (40 CFR part 62, subpart IIIa) is Docket ID No. EPA-HQ-OAR-2016-
0664. In addition to being available in the docket, an electronic copy
of this final action is available on the internet at <a href="https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new">https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new</a>. Following publication in the
Federal Register, the EPA will post the Federal Register version of the
final rule and key technical documents on this same website.

D. Judicial Review

Under the Clean Air Act (CAA) section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
(the Court) by February 10, 2025. Under CAA section 307(d)(7)(B),
``[o]nly an objection to a rule or procedure which was raised with
reasonable specificity during the period for public comment (including
any public hearing) may be raised during judicial review.'' This
section also provides a mechanism for the EPA to convene a proceeding
for reconsideration, ``[i]f the person raising an objection can
demonstrate to the EPA that it was impracticable to raise such
objection within [the period for public comment] or if the grounds for
such objection arose after the period for public comment (but within
the time specified for judicial review) and if such objection is of
central relevance to the outcome of the rule.'' Any person seeking to
make such a demonstration to us should submit a Petition for
Reconsideration to the Office of the Administrator, U.S. Environmental
Protection Agency, Room 3000, WJC West Building, 1200 Pennsylvania Ave.
NW, Washington, DC 20460, with a copy to both the person(s) listed in
the preceding FOR FURTHER INFORMATION CONTACT section, and the
Associate General Counsel for the Air and Radiation Law Office, Office
of General Counsel (Mail Code 2344A), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

E. What are the incremental costs and benefits of this action?

This Federal plan implements the CISWI EG that were promulgated on
February 7, 2013, and amended on June 23, 2016, and April 16, 2019 (see
the background discussion in section II.A. of this preamble for more
detail), for the states (see table 2 of this preamble) that do not have
approved state plans implementing the CISWI EG. Therefore, any costs
and benefits associated with this Federal plan have already been
quantified and attributed to the CISWI EG (i.e., CISWI EG benefits and
costs equal those for units covered by approved state plans plus those
units covered by this Federal plan--see section II.C. of this preamble
for more detailed discussion). Because the Consolidated Appropriations
Act of 2024, H.R. 4366, section 432, precludes the EPA from expending
funds to implement or enforce the EG codified under 40 CFR part 60,
subpart DDDD, with respect to units in the State of Alaska that are
defined as ``small remote incinerators'' (SRI) until a subsequent
regulation is issued, neither costs nor emission reductions from SRIs
located in Alaska are included in the portion of CISWI EG costs and
emissions reduction expected due to the Federal plan implementation.
Incineration of solid waste at commercial and industrial facilities

[[Page 100094]]

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.\1\ The EPA estimated in the 2013 rule that
once the state plans and the 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
(SO<INF>2</INF>), 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 oxides
(NO<INF>X</INF>) 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).\2\
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\1\ See 78 FR 9131-9133 to reference the impacts of the EG
adopted on February 7, 2013.
\2\ See 75 FR 31970 (June 4, 2010), where polycyclic organic
matter (POM) and polychlorinated biphenyl (PCB) emission reductions
are discussed.
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II. Background Information

A. What is the statutory authority for this action?

Sections 111(b) and 129(a) of the CAA address emissions from new
units (i.e., New Source Performance Standards (NSPS)), and CAA sections
111(d) and 129(b) address emissions from existing units (i.e., EG). The
NSPS are Federal regulations which are directly enforceable upon CISWI,
and, under CAA section 129(f)(1), become effective 6 months after
promulgation. Unlike the NSPS, the EG provide direction for developing
state plans, and are not themselves directly enforceable. For the EG to
be enforceable, it must be implemented through either an EPA-approved
state or tribal \3\ plan or through an EPA adopted Federal plan. The
Federal plan regulates CISWI in states that do not have approved plans
in effect to implement the EG. Although Congress required the EPA to
promulgate a Federal plan for states that fail to submit approvable
state plans, states may submit approvable state plans after
promulgation of the Federal plan and become subject to the approved
state plans. Congress established CAA sections 111 and 129 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.
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\3\ The EPA is not aware of any CISWI units owned or operated by
Indian tribal governments at the time of the publication of this
document.
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CAA section 129(b)(2) directs states with existing CISWI(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).\4\ CAA sections
111 and 129(b)(3) and 40 CFR 60.27(c) and (d) require the EPA to
develop, implement and enforce a Federal plan for CISWI in any state
which has not submitted an approvable state plan within 2 years after
promulgation of the EG. On January 11, 2017, the EPA proposed a Federal
plan that would apply to any CISWI located in any state without an
approved state plan as of the compliance date for existing CISWI (i.e.,
5 years after promulgation of the emission guidelines). The EPA did not
reopen the underlying CISWI rule for public comment in this current
action and the Agency does not address comments on the underlying CISWI
rule.\5\
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\4\ Five states did not submit a draft or final state plan or
negative declaration and one state indicated intent to submit a
state plan to the EPA.
\5\ 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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CAA section 129, 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 NSPS and EG for CISWI. At that time, the
Administrator also announced that it identified certain issues that
warranted further opportunity for public comment and that the Agency
was planning to reconsider the CISWI rule. The EPA also received
petitions for reconsideration of the final CISWI rule. On December 23,
2011, the EPA proposed revisions to the March 2011 final CISWI rule and
requested comment on proposed changes to the NSPS and EG for CISWI (76
FR 80452).
On February 7, 2013, the EPA promulgated the final reconsideration
of the 2011 NSPS and EG for CISWI (78 FR 9112). The 2013 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 received petitions for reconsideration of the 2013
final rule. 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.
Additionally, the EPA proposed clarifying changes and corrections to
the 2013 final rule, some of which were raised in petitions for
reconsideration. On June 23, 2016, the EPA promulgated the final
reconsideration of the 2013 NSPS and EG for CISWI (81 FR 40956) (2016
CISWI rule).
Following promulgation of the 2016 CISWI rule, the EPA received
requests from industry interested parties and implementing agencies to
clarify various issues with implementation of the standards. In
addition, the EPA identified certain procedural issues, including
testing and monitoring issues and inconsistencies within the rules,\6\
that required further clarification or correction. On June 15, 2018,
the EPA proposed amendments to several provisions of the 2016 CISWI
rule to address these issues (83 FR 28068). In addition, the EPA
identified additional regulatory provisions, beyond those raised by the
requests from industry interested parties and implementing agencies,
that required clarification and editorial correction to address
inconsistencies and errors in the final rule. The EPA promulgated these
technical amendments on April 16, 2019 (84 FR 15846).
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\6\ The 2019 technical amendments addressed certain
implementation issues and inconsistencies that required further
clarification or correction to the 2016 EG. The technical amendments
were not substantive and did not introduce any analytical changes to
the emission guidelines; therefore, a supplemental proposal was not
required.
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B. What is the purpose of this action?

CAA section 129(b)(2) requires states to implement the EG for
existing solid waste incineration units, including CISWI. States with
existing CISWI were required to submit to the EPA, within one year
following promulgation of the EG (by February 7, 2014), state plans
that are at least as protective as the EG. CAA sections 111 and 129 and
40 CFR 60.27(c) and (d) require the EPA to develop, implement, and
enforce a Federal plan in states that have not submitted an approvable
plan. The EPA is promulgating this CISWI Federal plan to be effective
in any state that failed to provide an approvable state plan, thus
ensuring implementation and enforcement of the final CISWI EG.
The regulations required states without any existing CISWI to
submit to the Administrator a letter of negative

[[Page 100095]]

declaration certifying that there are no CISWI in the state (see 40 CFR
62.06). No plan was required for states that do not have any CISWI.
CISWI located in states that mistakenly submitted a letter of negative
declaration are subject to the Federal plan, once effective, until a
state plan regulating those CISWI is approved. State plans that have
been submitted to implement the final CISWI EG,\7\ have either been
approved or are currently undergoing EPA review. This CISWI Federal
plan implements the final CISWI EG in those states that do not have an
approved state plan in place by January 10, 2025. If a state plan is
approved in part, the Federal plan will apply to the affected CISWI in
lieu of the disapproved portions of the state plan until the state
addresses the deficiencies in the state or tribal plan and the revised
state plan is approved by the EPA.
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\7\ 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), and April 16, 2019 (84 FR 15846). 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. The April 16, 2019, technical
amendments included clarifying revisions and general editorial
corrections. See section II.A. of this preamble for more discussion
on the background of the final CISWI EG.
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C. What is the status of state plan submittals?

The EPA anticipates that facilities in ten states and three U.S.
territories \8\ will be subject to the CISWI Federal plan. Table 2 of
this preamble lists the status of state plans as of the signature date
of this action. Additionally, table 2 of this preamble lists states and
local agencies that submitted negative declarations and those that have
indicated that they intend to take delegation of the Federal plan to
directly implement and enforce the guidelines (see mechanisms for
transferring authority discussion in section VI.B.2. of this preamble
for more detail).
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\8\ 42 U.S.C. 7602. Definitions (d) The term ``State'' means a
State, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, and American Samoa and includes the
Commonwealth of the Northern Mariana Islands.

Table 2--Status of State and Territory Plans
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Status States
------------------------------------------------------------------------
I. EPA-Approved State Plans.. Alabama; Colorado; Louisiana; North
Dakota; Oklahoma; Puerto Rico;
Tennessee; Virginia; West Virginia.
II. Indicated intent to
Submit Negative Declarations
to the EPA.
III. Negative Declaration Arkansas; Arizona; Connecticut; Delaware;
Submitted to the EPA. District of Columbia; Idaho; Indiana;
Kansas; Kentucky; Maine; Maryland;
Massachusetts; Minnesota; Mississippi;
Missouri; Montana; Nebraska; New
Hampshire; New Jersey; New Mexico; New
York; Nevada; Pennsylvania AMS; Rhode
Island; South Dakota; Utah; Vermont;
Virgin Islands; Wyoming.
IV. Final State Plans Florida; Georgia; Iowa; South Carolina;
Submitted to the EPA. Texas.
V. Draft State Plans
Submitted to the EPA
VI. EPA Has Not Received a California; Hawaii; Michigan; Oregon;
Draft or Final State Plan or Washington.
Negative Declaration.
VII. Indicated Intent to North Carolina.
Submit State Plan to the EPA.
VIII. Indicated Intent to
Accept Delegation of Federal
Plan
IX. Indicated Intent to Alaska; American Samoa; Guam; Illinois;
Accept Federal Plan Northern Mariana Islands; Ohio;
Implementation by the EPA. Wisconsin.
------------------------------------------------------------------------

As the EPA Regional offices approve state plans, they will also, in
the same action, amend the appropriate subpart of 40 CFR part 62 to
codify their approvals. If the EPA approves a state plan after the
Federal plan is promulgated, the Federal plan will no longer apply to
the CISWI covered by the state plan, upon the effective date of the
state plan.
CISWI owners or operators can also contact the EPA Regional office
for the state in which their CISWI are located to determine whether
there is an EPA-approved state plan in place. Table 3 of this preamble
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..................... Jessica Kilpatrick, (617) 918-1652 Connecticut, Massachusetts, Maine, New
kilpatrick.jessica@ Hampshire, Rhode Island, Vermont.
epa.gov.
Region II.................... Fausto Taveras, (212) 637-3378 New York, New Jersey, Puerto Rico,
taveras.fausto@epa. Virgin Islands.
gov.
Region III................... Krystal Stankunas, (215) 814-5271 Virginia, Delaware, District of
stankunas.krystal@e Columbia, Maryland, Pennsylvania, West
pa.gov. Virginia.
Region IV.................... Mark Bloeth, (404) 562-9013 Alabama, Florida, Georgia, Kentucky,
<a href="/cdn-cgi/l/email-protection#95f7f9faf0e1fdbbf8f4e7fed5f0e5f4bbf2fae3">[email&#160;protected]</a>. Mississippi, North Carolina, South
Carolina, Tennessee.
Region V..................... Margaret Sieffert, (312) 353-1151 Minnesota, Wisconsin, Illinois, Indiana,
sieffert.margaret@e Michigan, Ohio.
pa.gov.
Region VI.................... Karolina Ruan-Lei, (214) 665-7346 Arkansas, Louisiana, New Mexico,
ruan- Oklahoma, Texas.
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7a161f1354111b08151613141b3a1f0a1b541d15">[email&#160;protected]</a>
v.
Region VII................... Larry Gonzalez, (913) 551-7041 Iowa, Kansas, Missouri, Nebraska.
<a href="/cdn-cgi/l/email-protection#bbdcd4d5c1dad7dec195d7dac9c9c2fbdecbda95dcd4cd">[email&#160;protected]</a>.

[[Page 100096]]

Region VIII.................. Allison Reibach, (303) 312-6949 Colorado, Montana, North Dakota, South
reibach.allison@epa Dakota, Utah, Wyoming.
.gov.
Region IX.................... Shaheerah Kelly, (415) 947-4156 Arizona, California, Hawaii, Nevada,
kelly.shaheerah@epa American Samoa, Guam, Northern Mariana
.gov. Islands.
Region X..................... Geoffrey Glass, (206) 553-1847 Alaska, Idaho, Oregon Washington.
<a href="/cdn-cgi/l/email-protection#1572797466663b72707a737367706c557065743b727a63">[email&#160;protected]</a>.
----------------------------------------------------------------------------------------------------------------

III. Summary of Changes Since Proposal and Response to Comments

Based on our review of comments received on the 2017 proposed
Federal plan and statutory prohibitions on the implementation of CISWI
standards to units in the State of Alaska, the EPA is finalizing the
Federal plan as proposed with a few minor exceptions, albeit we are
finalizing the amendments as a new subpart IIIa. We are establishing
the final compliance date for existing sources, implementing the 2019
technical amendments to the CISWI EG, and modifying the applicability
of subpart DDDD to only apply to small, remote incinerators (SRIs)
located outside the State of Alaska, and modifying equation 7 at 40 CFR
62.14670(y) (now at 40 CFR 62.14640a(y)) for waste-burning kilns that
is used to calculate kiln-specific emission limit when kiln emissions
are emitted through multiple stacks.
Since proposal of amendments to subpart III, the EPA determined
that creating a new subpart will lessen confusion for affected sources
and implementing agencies. Therefore, we have created a new subpart
IIIa, which will replace subpart III once effective, which is January
10, 2025. By incorporating these amendments as a new subpart IIIa, we
hope to alleviate any confusion that could be caused by making
significant amendments to the current subpart III regulatory text. For
one, subpart III only applies to incinerators but the emission
guidelines that subpart IIIa will implement includes subcategories for
incinerators, energy recovery units, waste-burning kilns, and small
remote incinerators, with unique requirements and standards for each
subcategory. Additionally, in creating a new subpart IIIa, we can omit
transitional regulatory requirement language and make a ``clean split''
on a single date where subpart III ends effectiveness by January 10,
2025, and subpart IIIa begins effectiveness from that date onward.
Finally, to better accommodate any potential future updates to the
CISWI Federal plan, in subpart IIIa we are establishing section
numbering increments of 5 so that there is adequate numeric spacing to
revise or add new regulatory text sections if needed in the future.
As noted above, the EPA is establishing the final compliance date
to be the effective date of this final action, which is January 10,
2025. The CAA provides that owners or operators of affected CISWI 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. The
final compliance date remains as proposed as there is no statutory
authority under CAA section 129 for providing compliance extensions
(i.e., allowing compliance after the compliance date). We believe that
sources have had ample notification of this final compliance date and
that they were aware of what measures they must take in order to
comply.
Based on reviews of permits for units potentially subject to this
Federal plan, the EPA has determined that sources in states and
territories that would be subject to the Federal plan have either
ceased burning waste or have made control device retrofits in the
period of time since the 2017 proposed Federal plan was published.
Furthermore, no adverse comments were received requesting additional
time for compliance beyond the proposed February 7, 2018, final
compliance date. Thus, the EPA has determined that no additional time
is necessary for sources to comply with the standards.
We are also finalizing other provisions to be consistent with the
2019 technical amendments to the CISWI EG (84 FR 15848). Although these
provisions were not included in the original proposed Federal plan, the
EPA subsequently solicited comments on these modifications to the EG in
the 2019 CISWI rulemaking. Therefore, the public had adequate
opportunity to comment on these changes and had notice that sources
subject to the Federal plan would be subject to these revised
provisions. The technical amendments provided meaningful burden
reduction by allowing regulated facilities additional time to complete
initial compliance demonstrations and adding production-based emission
limits in lieu of the concentration-based limits in the 2016 CISWI
rule. The requirement in 40 CFR 62.14535(a)(4) (now at 40 CFR
62.14535a(b)(4)) to perform the initial performance test within 90 days
of the final compliance date has been revised to be within 180 days of
the final compliance date, consistent with Sec. Sec. 62.14665(a) and
62.14820(b) (now at Sec. Sec. 62.14630a(a) and 62.14760a(b),
respectively).
The Waste Management Plan (WMP) submittal due date has been changed
from November 7, 2017, to the final compliance date, January 10, 2025,
to be consistent with the EG (40 CFR part 60, subpart DDDD). The WMP is
a component of compliance, and therefore it may be submitted together
with operating procedures, operator training, and initial compliance
testing to demonstrate initial compliance.
The EPA is finalizing revisions to 40 CFR 62.14755(b) (now at Sec.
62.14730a(b)) to clarify that results of performance testing and CEMS
performance evaluations occurring over multiple days may be submitted
together up to 60 days after all performance evaluations are completed.
The EPA is also finalizing the addition of an alternative equivalent
emission limit for Hg for the waste-burning kiln subcategory to be
consistent with the 2019 CISWI EG technical amendments (84 FR 15848).
Specifically, the EPA is adding, to the Federal plan, a 58 lb/million
(MM) ton clinker emission limit for Hg for the waste-burning kiln
subcategory as an alternative equivalent emission limit to the 0.011
mg/dscm standard.
Consistent with the 2019 rule, the EPA is also finalizing
clarifications regarding the Agency's intent to allow CEMS for
demonstrating initial compliance for any pollutant and clarification of
continuous parameter monitoring requirements when CEMS are used for
direct pollutant emissions monitoring. The EPA is also finalizing
additional minor technical amendments consistent with the 2019 rule:
Clarifications of other CEMS requirements; clarification of continuous
opacity monitoring system

[[Page 100097]]

(COMS) requirements; clarification of reduced testing requirements;
clarification of deviation reporting requirements for continuous
monitoring data; and clarification of activated carbon injection (ACI)
requirements.
The EPA is finalizing a revised definition of ``small, remote
incinerator'' to reflect new prohibitions on the implementation of
CISWI standards to units in the State of Alaska that were implemented
by Congress after the EPA proposed the Federal plan. As specified in
the Consolidated Appropriations Act of 2024, H.R. 4366, section 432,\9\
the EPA is precluded from ``expending funds to implement or enforce 40
CFR part 60 subpart DDDD [the 2011 EG currently in effect] with respect
to units in the state of Alaska that are defined as small remote
incinerator until a subsequent regulation is issued.''
---------------------------------------------------------------------------

\9\ Consolidated Appropriations Act, 2024. Public Law 118-42
(2024, March 8). <a href="https://www.congress.gov/bill/118th-congress/house-bill/4366/text">https://www.congress.gov/bill/118th-congress/house-bill/4366/text</a>.
---------------------------------------------------------------------------

In the 2000 CISWI EG (65 FR 75351), we excluded combustion units at
commercial or industrial facilities with a capacity less than 35 tons
per day that combust more than 30 percent MSW from the rule. SRI 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. The SRIs were found to qualify
for an exemption from CISWI based on their burning at least 30 percent
MSW. In the 2011 CISWI EG we removed this exemption to ensure that any
CISWI combusting any solid waste is subject to these standards.
Therefore, commercial and industrial units that were previously exempt
pursuant to this provision would be required to meet the emission
limits and operating requirements of the rule. In this final action, we
have revised the definition of ``small, remote incinerator'' consistent
with the prohibition in the appropriations rider to mean ``an
incinerator located outside the state of Alaska 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''
(emphasis added).
Finally, based on review of the initial and continuous compliance
requirements, the EPA has modified equation 7, used to calculate kiln-
specific emission limit when kiln emissions are emitted through
multiple stacks, at 40 CFR 62.14670(y) (now at 40 CFR 62.14640a(y)).
When kiln emissions are emittted through multiple stacks (e.g., 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 in table 8. At
proposal, equation 7 only reflected a single configuration of
emissions, a single alakali bypass and in-line coal mill, it did not
reflect the multiple different stack configurations currently in use.
Therefore, equation 7 has been modified to generalize the number and
type of stacks and allow all configurations of sources to correctly
calculate the kiln stack concentration limit for continuing compliance,
irrespective of the number and type of emission points.
Public comments on the proposed rulemaking and the EPA's responses
to these comments are addressed in a separate response to comment
document, available in docket EPA-HQ-OAR-2016-0664.

IV. Summary of Final CISWI Federal Plan Requirements

The CISWI Federal plan requirements are described below. Table 4 of
this preamble lists each element and identifies where it is located or
codified.

Table 4--Elements of the CISWI Federal Plan
------------------------------------------------------------------------
Element of the CISWI Federal
plan Location
------------------------------------------------------------------------
Legal authority and Sections 129(b)(3), 111(d), 301(a), and
enforcement mechanism. 301(d)(4) of the CAA.
Inventory of affected CISWI.. 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 through 62.14575 (now at
40 CFR 62.14535a through 62.14545a).
Emissions limits and 40 CFR 62.14630 through 62.14645 (now at
operating limits. 40 CFR 62.14600a through 62.14610a).
Operator training and 40 CFR 62.14595 through 62.14625 (now at
qualification. 40 CFR 62.14565a through 62.14595a).
Testing, monitoring, 40 CFR 62.14650 through 62.14760 (now at
recordkeeping and reporting. 40 CFR 62.14615a through 62.14735a).
Record of public hearings.... Docket ID No. EPA-HQ-OAR-2016-0664.
------------------------------------------------------------------------

A. What are the final applicability requirements?

The Federal plan applicability reflects the final CISWI EG. The
Federal plan applies in whole or in part to existing CISWI meeting the
applicability of 40 CFR 62.14510 (now at 40 CFR 62.14510a) that are
located in any state, with the exception of SRIs located in Alaska,
that does not currently have a fully approved state plan in place.
Existing CISWI are all CISWI, including air curtain incinerators
(ACIs), for which construction commenced on or before June 4, 2010, or
that commenced modification or reconstruction after June 4, 2010, but
no later than August 7, 2013. The Federal plan requirements apply to
owners and/or operators of existing incineration units combusting solid
waste (as defined under the Resource Conservation and Recovery Act
(RCRA) and located at commercial or industrial facilities (i.e., CISWI
(as defined in 40 CFR 62.14840 now at 40 CFR 62.14780a). Four
subcategories are defined for existing units: incinerators (i.e., units
designed to burn discarded waste materials for the purpose of
disposal); SRIs; energy recovery units (ERU) (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 subcategorize ERUs
into 3 subcategories and waste burning kilns into 2 subcategories.
The final CISWI EG establishes opacity limitations for ACI 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. If an ACI
begins burning solid waste as defined in the Non Hazardous Secondary
Materials rule (see 40 CFR part 241) in addition to, or instead of,
wood waste, clean lumber, or a mixture of wood waste, clean lumber,
and/or yard waste, it is a solid waste incineration unit that is
subject to the

[[Page 100098]]

applicable numerical emission standards contained in CISWI.

B. What are the final compliance schedules?

The Federal plan requires owners or operators of CISWI to come into
compliance by January 10, 2025. Although the final CISWI EG included
increments of progress in the compliance schedule, the EPA is not
including increments of progress as a compliance pathway for the final
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). Because the increments of progress contained in the final EG do
not require any additional action within one year of promulgation of a
Federal plan, including the increments of progress in this Federal plan
would serve no meaningful purpose and may create confusion. For this
reason, the EPA did not include increments of progress in the proposed
Federal plan, and we are not including them in this final action.
If a CISWI does not achieve final compliance by January 10, 2025,
the final Federal plan requires the CISWI to shut down by January 10,
2025, complete the retrofit while not operating, and be in compliance
upon restarting. A CISWI 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 incorporating into
the final Federal plan?

The EPA is incorporating the EG emissions and operating limits from
the final CISWI EG, 40 CFR part 60, subpart DDDD, into this final CISWI
Federal plan. Table 5 of this preamble summarizes the emissions limits
that we are finalizing in the final Federal plan. Table 5 also includes
the 2000 CISWI Federal plan emission limits (which applied only to
units in the existing incinerator subcategory) for comparison. These
standards apply at all times. Existing sources may comply with either
the Polychlorinated dibenzo-p-dioxins/Polychlorinated dibenzofurans
(PCDD/PCDF) toxicity equivalence or total mass balance emission limits.
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 IV.D. of this preamble.

Table 5--Summary of Emissions Limits Promulgated for Existing CISWI
--------------------------------------------------------------------------------------------------------------------------------------------------------
CISWI subcategories
Incinerators --------------------------------------------------------------------------------------------------
Pollutant (units) \1\ (2,000 CISWI ERUs-- liquid/
limit) Incinerators ERUs--solids gas Waste-burning kilns SRIs
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 \2\.............. 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.
\2\ Or alternative limit of 58 lb/MM ton clinker.

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

The EPA is finalizing several performance testing and monitoring
provision amendments to the current 2003 CISWI Federal plan (see 68 FR
57518, October 3, 2003) 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 the EPA is
including in the final CISWI Federal plan.
1. Performance Testing and Monitoring
The final Federal plan requires all CISWI to demonstrate initial
and continuous compliance with the final 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 that operates a FF air pollution control device, we are requiring
that a bag leak detection system be installed to monitor the device.
This Federal plan continues to require parametric monitoring of all
other add-on air pollution control devices, such as wet scrubbers, dry
scrubbers and

[[Page 100099]]

activated carbon injection. CISWI that install selective non-catalytic
reduction technology to reduce NO<INF>X</INF> emissions are required to
monitor the reagent (e.g., ammonia or urea) injection rate and
secondary chamber temperature (if applicable to the CISWI). This final
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.
Existing incinerators, SRIs, and ERUs are required to have annual
emissions testing for all 9 pollutants: PM, SO<INF>2</INF>, HCl,
NO<INF>X</INF>, 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 final Federal plan provides reduced annual testing requirements
for all 9 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, and that 4
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, all
operating parameter averaging for ERU units must 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 final Federal plan incorporates by reference two alternatives
to the EPA reference test methods, and one EPA guidance document, as
shown in table 6 below.

Table 6--List of Incorporation by Reference (IBR)
------------------------------------------------------------------------
IBR in 40 CFR
Test method Publisher part 62, subpart
IIIa
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue Available for purchase Sec.
and Exhaust Gas Analyses from the American 62.14640a(s)(1)
[Part 10, Instruments and Society of Mechanical (i) and (ii),
Apparatus], Issued August 31, Engineers (ASME), Two (t)(1)(ii),
1981. Park Avenue, New (t)(4)(i), and
York, NY 10016-5990, (z)(1)(i) and
(800) 843-2763, tables 4, 5, 6,
<a href="https://www.asme.org/">https://www.asme.org/</a>. and 7 to
subpart IIIa of
part 62.
ASTM D6784-24 Standard Test Available for purchase Sec.
Method for Elemental, from at least one of 62.14665a(j)
Oxidized, Particle-Bound and the following and tables 4,
Total Mercury in Flue Gas addresses: American 5, and 7 to
Generated from Coal-Fired Society for Testing subpart IIIa of
Stationary Sources (Ontario and Materials (ASTM), part 62.
Hydro Method), approved March 100 Barr Harbor
1, 2024. Drive, Post Office
Box C700, West
Conshohocken, PA
19428-2959; or
ProQuest, 300 North
Zeeb Road, Ann Arbor,
MI 48106, (877) 909-
2786, <a href="https://www.astm.org/">https://www.astm.org/</a>.
Fabric Filter Bag Leak Available from the Sec.
Detection Guidance, EPA-454/R- U.S. Environmental 62.14640a(r)(3)
98-015, September 1997. Protection Agency, and (z)(2)(i).
1200 Pennsylvania
Avenue NW,
Washington, DC 20460,
(202) 272-0167,
https://www.epa.gov
or <a href="https://www3.epa.gov/ttnemc01/cem/tribo.pdf">https://www3.epa.gov/ttnemc01/cem/tribo.pdf</a>.
------------------------------------------------------------------------

These tests are discussed further in section VIII.I. of this
preamble, titled ``National Technology Transfer and Advancement Act
(NTTAA) and 1 CFR part 51.''
2. Electronic Data Submittal
To increase the ease and efficiency of data submittal and data
accessibility, the final Federal plan requires that owners and
operators of CISWI submit electronic copies of required performance
test, performance evaluation, initial, annual, and deviation 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. A description of the electronic data submission
process is provided in the memorandum Electronic Reporting Requirements
for New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP) Rules, available in the
docket for this action. The final rule requires that performance test
and performance evaluation results be submitted in the format generated
through the use of the ERT or an electronic file consistent with the
xml schema on the ERT website for initial, deviation, and annual
reports, the final rule requires that owners and operators use the
appropriate spreadsheet template to submit information to CEDRI. The
final version of the templates for these reports will be located on the
CEDRI website.\10\
---------------------------------------------------------------------------

\10\ <a href="https://www.epa.gov/electronic-reporting-air-emissions/cedri">https://www.epa.gov/electronic-reporting-air-emissions/cedri</a>.
---------------------------------------------------------------------------

Furthermore, the EPA is finalizing provisions that allow owners and
operators the ability to seek extensions for submitting electronic
reports for circumstances beyond the control of the facility, i.e., for
a possible outage in CDX or CEDRI or for a force majeure event, in the
time just prior to a report's due date, as well as the process to
assert such a claim. Examples of force majeure events are acts of
nature, acts of war or terrorism, or equipment failure or safety
hazards beyond the control of the facility. The EPA is providing these
potential extensions to protect owners and operators from noncompliance
in cases where they cannot successfully submit a report by the
reporting deadline for reasons outside of their control. In both
circumstances, the decision to accept the claim of needing additional
time to report is within the discretion of the Administrator, and
reporting should occur as soon as possible. This also mirrors the final
CISWI EG for CISWI.

E. What are the final recordkeeping and reporting requirements?

The EPA is finalizing requirements that reflect those promulgated
in the final CISWI EG. The Federal plan requires that records of all
initial and all subsequent performance tests, CEMS performance
evaluations, deviation reports, operating parameter data, continuous
monitoring data, maintenance and inspections of air

[[Page 100100]]

pollution control devices, monitoring plan, and operator training and
qualification must be maintained for 5 years. Any incident of
deviation, resumed operation following shutdown, force majeure, intent
to stop or start use of Continuous Monitoring 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 IV.B. of this preamble
for a more detailed discussion of the compliance schedules.

F. What are the other final requirements?

We are finalizing requirements for the Federal plan to make it
consistent with the final CISWI EG, including technical amendments
promulgated on April 16, 2019. For example, the final CISWI Federal
plan includes the requirement for owners or operators of existing CISWI
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.
Owners or operators of existing CISWI are also required to submit a
monitoring plan for any CMS or bag leak detection system used to comply
with the rule.

V. CISWI That Have or Will Shut Down

A. Units That Plan To Close

The final Federal plan establishes that if owners or operators plan
to permanently close currently operating CISWI, they must do so and
submit a closure notification to the Administrator by January 10, 2025.
The final requirements for closing a CISWI are set forth at 40 CFR
62.14570 (subpart III) (now at 40 CFR 62.14540 (subpart IIIa)).
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 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 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 may
be left off the source inventory in a state plan or this final Federal
plan. A CISWI that has been rendered inoperable would not be covered by
the Federal plan.

C. CISWI That Have Shut Down

The unit inventory for this Federal plan includes any CISWI 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 plans to restart
before the final compliance date, the owner or operator must achieve
final compliance by January 10, 2025.
2. Restarting After the Final Compliance Date
Under the final Federal plan, if the owner or operator of a CISWI
closes the CISWI, but restarts the unit after the final compliance date
of January 10, 2025, the owner or operator must complete emission
control retrofits and meet the emissions and operating limits on the
date the CISWI restarts operation. Within 6 months of the unit startup,
operator(s) of these CISWI 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 (now at 40 CFR 62.14615a). A
CISWI may not use the provisions to close the CISWI and restart after
the compliance date to gain an effective ``extension'' of the operator
training and qualification requirements or initial compliance
requirements. A CISWI that operates out of compliance after the final
compliance date will be in violation of the Federal plan and subject to
enforcement action.

VI. 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 in states that do not have
fully 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 at any time that may
replace 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
act on state plans after promulgation of the CISWI Federal plan.

B. Mechanisms for Transferring Authority

There are 2 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

[[Page 100101]]

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 a CISWI in a state without an approved state plan becomes
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 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 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 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. 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'' (U.S. EPA, February 1983).\11\ 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, 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 was 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 document in the Federal
Register, thereby incorporating the delegation of authority into the
appropriate subpart of 40 CFR part 62.
---------------------------------------------------------------------------

\11\ ``Good Practices Manual for Delegation of NSPS and
NESHAPS.'' U.S. EPA, Office of Air Quality Planning and Standards
(February 1983). <a href="https://www.epa.gov/sites/default/files/2015-05/documents/epa_good_pract_man_ch1-5.pdf">https://www.epa.gov/sites/default/files/2015-05/documents/epa_good_pract_man_ch1-5.pdf</a>.
---------------------------------------------------------------------------

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 items in 40 CFR 62.14838 (now at 40 CFR 62.14775)
promulgated in the final CISWI EG. CISWI 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.

VII. Title V Operating Permits

All existing CISWI located at commercial or industrial facilities
and 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, 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 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 apply to CISWI at facilities that are not subject to the title V
permit program for other reasons. Such sources with an existing CISWI
or air curtain incinerator subject to this 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).
---------------------------------------------------------------------------

<bullet> 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
<bullet> Twelve (12) months after the effective date of any
applicable Federal plan; or

[[Page 100102]]

<bullet> Thirty-six (36) months after promulgation of 40 CFR part
60, subpart DDDD (i.e., February 7, 2016).
For any existing CISWI 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).

Title V and Delegation of a Federal Plan

As noted previously, issuance of a title V permit is not itself
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 must 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 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 alone 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 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., major
alternatives to test alternative methods.
---------------------------------------------------------------------------

As mentioned above, a state, local, or tribal agency title V
program necessarily includes the authority 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 that 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 IV.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 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.

VIII. Statutory and Executive Order Reviews

Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

[[Page 100103]]

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review

This action is not a significant regulatory action as defined under
section 3(f)(1) of Executive Order 12866, as amended by Executive Order
14094, and was therefore not subject to a requirement for Executive
Order 12866 review.

B. Paperwork Reduction Act (PRA)

The information collection activities in this rule will be
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR number 2385.09. You can find
a copy of the ICR in the docket for this rule, and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
This action finalizes the CISWI Federal plan to implement the EG
adopted on February 7, 2013,\18\ for those states that do not have a
fully approved state plan implementing the EG. While there were
amendments to the 2013 rule on June 23, 2016, and April 16, 2019,
neither of those final actions imposed any new information collection
burden under the PRA (see 81 FR 40969 and 84 FR 15852, respectively).
OMB has previously approved the information collection activities
contained in the existing regulation and has assigned OMB Control
number 2060-0664 for 40 CFR part 60, subpart DDDD. While this action is
believed to result in no changes to the information collection
requirements of the 2013 CISWI rule, it does implement the CISWI
standards to a subset of existing units that will be regulated by
implementing this final action. Therefore, in addition to the total
burden, the EPA is presenting an estimate of the subset of the CISWI
respondent universe and burden that will be subject to the CISWI
Federal plan instead of being regulated under an approved state plan
for the CISWI EG. These estimates are provided below.
---------------------------------------------------------------------------

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

Respondents/affected entities: Owners and operators of existing
CISWI.
Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart DDDD, and 40 CFR part 62, subpart III, now at 40 CFR part 62,
subpart IIIa).
Estimated number of respondents: The annual number of responding
facilities complying with the requirements of the CISWI EG is 76. Of
the total, 40 are subject to this final rule's implementation of the
CISWI EG per 40 CFR part 62, subpart III, now at 40 CFR part 62,
subpart IIIa.
Frequency of response: Initially, annually, and semiannually.
Total estimated burden: The annual recordkeeping and reporting
burden for responding facilities to comply with all of the requirements
in the CISWI EG, averaged over the 3 years of this ICR, is estimated to
be 8,660 hours. Of these, 4,420 hours (per year) is the portion of the
burden to comply with this final rule's portion of implementing the
CISWI EG. Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: The annual recordkeeping and reporting cost
for responding facilities to comply with all of the requirements in the
CISWI EG, averaged over the 3 years of this ICR, is estimated to be
$13,300,000 (per year), including $12,300,000 annualized capital or
operation and maintenance costs. Of the CISWI total, $3,700,000 (per
year) is the portion of the cost to comply with this final rule's
portion of implementing the CISWI EG, including $3,200,000 in
annualized capital or operation and maintenance costs.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce the approval in the Federal
Register and publish a technical amendment to 40 CFR part 9 to display
the OMB control number for the approved information collection
activities contained in this final rule.

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 EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities. The agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule implements the EG for owners of existing CISWI that
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 beyond those considered for the CISWI
EG.

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 on any state, local, or tribal governments 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 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 owned or
operated by Indian tribal governments at the time of the publication of
this document. 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.
Therefore, this action is not subject to Executive Order 13045
because it implements a previously promulgated emission guidelines.
Furthermore, the EPA's Policy on Children's Health does not apply
to this action because it implements a technology-based standard and
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.

[[Page 100104]]

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 manual method segment of the oxygen
determination is performed through the absorption of oxygen. This
method is available at the American National Standards Institute
(ANSI), 1899 L Street NW, 11th Floor, Washington, DC 20036 and the
American Society of Mechanical Engineers (ASME), Two Park Avenue, New
York, NY 10016-5990. See <a href="https://www.ansi.org">https://www.ansi.org</a> and <a href="https://www.asme.org">https://www.asme.org</a>.
The standard is available to everyone at a cost determined by ANSI/ASME
($80). ANSI/ASME also offer memberships or subscriptions for reduced
costs. The cost of obtaining this method is not a significant financial
burden, making the method reasonably available.
Another voluntary consensus standard (VCS), ASTM D6784-24,
``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. Initially developed for
the measurement of mercury in coal-fired power plants, this method has
been used on other combustion sources such as the waste incinerators
subject to this rule. This method is available for purchase from at
least one of the following addresses: American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann
Arbor, MI 48106, (877) 909-2786, <a href="https://www.astm.org/">https://www.astm.org/</a>. The standard is
available to everyone at a cost determined by ASTM ($90). The cost of
obtaining this method is not a significant financial burden, making the
method reasonably available.
The EPA further determined to use Office of Air Quality Planning
and Standards (OAQPS) Fabric Filter Bag Leak Detection Guidance, EPA-
454/R-98-015, September 1997, for its guidance on the use of
triboelectric 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. This standard is available from the U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460,
(202) 272-0167, <a href="https://www.epa.gov">https://www.epa.gov</a> or <a href="https://www3.epa.gov/ttnemc01/cem/tribo.pdf">https://www3.epa.gov/ttnemc01/cem/tribo.pdf</a>. 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, 10A, 10B, 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 (now at 40 CFR 62.14775a), the EPA
Administrator retains the authority of approving alternate methods of
demonstrating compliance as established under 40 CFR 60.8(b) and
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 and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All

The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on communities
with environmental justice concerns. This action implements the final
CISWI EG, which was published in 2013. At that time, no analysis was
performed on the inventory of units and proximity to communities with
existing environmental justice concerns.
The EPA believes that this action is not likely to result in new
disproportionate and adverse effects on communities with environmental
justice concerns.
The information supporting this Executive order review 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 Federal plan
implements the final CISWI EG for states that do not have a fully
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 communities with EJ concerns 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 communities with EJ concerns.
The amendments finalized in 2013 (made to the 2011 CISWI final
rule), as well as subsequent amendments made in 2016 and 2019, do not
relax the control measures on sources regulated by the CISWI rule, and,
therefore, will not cause emissions increases from these sources. The
February 2013 final CISWI rule will reduce emissions of all the listed
hazardous air pollutants (HAP) emitted from this source when
implemented either through an approved state plan or this final Federal
plan. This includes emissions of Cd, HCl, Pb, and Hg. Other emissions
reductions include reductions of criteria pollutants such as CO,
NO<INF>X</INF>, PM (including particulate matter 2.5 microns or less),
SO<INF>2</INF>, and NO<INF>X</INF>. SO<INF>2</INF> and NO<INF>X</INF>
are precursors for the formation of particulate matter (diameter less
than or equal to 2.5 micrometers (PM<INF>2.5</INF>)) and NO<INF>X</INF>
is a precursor for ozone. Reducing these emissions will decrease the
amount of such pollutants to which all affected populations are
exposed.

K. Congressional Review Act (CRA)

This action is subject to the CRA and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

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.

Michael S. Regan,
Administrator.

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

[[Page 100105]]

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.

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

0
2. Amend Sec. 62.14510 by adding paragraph (d) to read as follows:

Sec. 62.14510 Am I subject to this subpart?

* * * * *
(d) On and after January 10, 2025, CISWI will no longer be subject
to the requirements of this subpart and instead will be subject to the
requirements of subpart IIIa of this part.

0
3. Add subpart IIIa, consisting of Sec. Sec. 62.14500a through
62.14780a, to read as follows:

Subpart IIIa--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction On or Before June 4, 2010, and Have Not Been Modified
or Reconstructed Since August 7, 2013

Sec.

Introduction

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

Applicability

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

Compliance Schedule

62.14535a When must I comply with this subpart if I plan to continue
operation of my CISWI?
62.14540a What must I do if I plan to permanently close my CISWI?
62.14545a What must I do if I close my CISWI and then restart it?

Waste Management Plan

62.14550a What is a waste management plan?
62.14555a When must I submit my waste management plan?
62.14560a What should I include in my waste management plan?

Operator Training and Qualification

62.14565a What are the operator training and qualification
requirements?
62.14570a When must the operator training course be completed?
62.14575a How do I obtain my operator qualification?
62.14580a How do I maintain my operator qualification?
62.14585a How do I renew my lapsed operator qualification?
62.14590a What site-specific documentation is required?
62.14595a What if all the qualified operators are temporarily not
accessible?

Emission Limitations and Operating Limits

62.14600a What emission limitations must I meet and by when?
62.14605a What operating limits must I meet and by when?
62.14610a 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?

Performance Testing

62.14615a How do I conduct the initial and annual performance test?
62.14620a How are the performance test data used?

Initial Compliance Requirements

62.14625a How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
62.14630a By what date must I conduct the initial performance test?
62.14635a By what date must I conduct the initial air pollution
control device inspection?

Continuous Compliance Requirements

62.14640a How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
62.14645a By what date must I conduct the annual performance test?
62.14650a By what date must I conduct the annual air pollution
control device inspection?
62.14655a May I conduct performance testing less often?
62.14660a May I conduct a repeat performance test to establish new
operating limits?

Monitoring

62.14665a What monitoring equipment must I install and what
parameters must I monitor?
62.14670a Is there a minimum amount of monitoring data I must
obtain?

Recordkeeping and Reporting

62.14675a What records must I keep?
62.14680a Where and in what format must I keep my records?
62.14685a What reports must I submit?
62.14690a When must I submit my waste management plan?
62.14695a What information must I submit following my initial
performance test?
62.14700a When must I submit my annual report?
62.14705a What information must I include in my annual report?
62.14710a What else must I report if I have a deviation from the
operating limits or the emission limitations?
62.14715a What must I include in the deviation report?
62.14720a What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
62.14725a Are there any other notifications or reports that I must
submit?
62.14730a In what form can I submit my reports?
62.14735a Can reporting dates be changed?

Air Curtain Incinerators (ACIs)

62.14740a What is an air curtain incinerator?
62.14745a What must I do if I close my air curtain incinerator and
then restart it?
62.14750a What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
62.14755a What are the emission limitations for air curtain
incinerators?
62.14760a How must I monitor opacity for air curtain incinerators?
62.14765a What are the recordkeeping and reporting requirements for
air curtain incinerators?

Title V Requirements

62.14770a Am I required to apply for and obtain a title V operating
permit for my unit?

Delegation of Authority

62.14775a What authorities are withheld by the EPA Administrator?

Definitions

62.14780a What definitions must I know?
Table 1 to Subpart IIIa of Part 62--Operating Limits for Wet
Scrubbers
Table 2 to Subpart IIIa of Part 62--Toxic Equivalency Factors
Table 3 to Subpart IIIa of Part 62--Summary of Reporting
Requirements
Table 4 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Incinerators On and After January 10, 2025
Table 5 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Energy Recovery Units After January 10, 2025
Table 6 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Waste-Burning Kilns After January 10, 2025
Table 7 to Subpart IIIa of Part 62--Model Rule--Emission Limitations
That Apply to Small, Remote Incinerators After January 10, 2025

Introduction

Sec. 62.14500a 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 units (CISWI) that are not

[[Page 100106]]

covered, or are only partially covered, by an EPA approved and
currently effective state or tribal plan. The pollutants addressed by
the emission requirements in this subpart are listed in tables 4
through 7 to this subpart. The emission requirements in this subpart
were developed in accordance with sections 111 and 129 of the Clean Air
Act and 40 CFR part 60, subpart B.
(b) In this subpart, ``you'' means the owner or operator of a
CISWI.

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

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

Applicability

Sec. 62.14510a Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a CISWI
as defined in Sec. 62.14780a or an air curtain incinerator as defined
in Sec. 62.14780a and the CISWI or air curtain incinerator meets the
criteria described in paragraphs (a)(1) through (3) of this section.
(1) Construction of your CISWI or air curtain incinerator commenced
on or before June 4, 2010, and have not been modified or reconstructed
since August 7, 2013.
(2) Your CISWI is not exempt under Sec. 62.14530a.
(3) Your CISWI is not regulated by an EPA approved and currently
effective state or tribal plan, or your CISWI 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 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 are made after August 7, 2013, that
meet the definition of modification or reconstruction in this subpart,
your CISWI is subject to 40 CFR part 60, subpart CCCC, and this subpart
no longer applies to that unit.
(c) If you make physical or operational changes to your existing
CISWI primarily to comply with this subpart, then such changes do not
qualify as modifications or reconstructions under 40 CFR part 60,
subpart CCCC.

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

(a) If your CISWI 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 until the EPA approves a state plan that
covers your CISWI and that state plan becomes effective. However, a
state may enforce the requirements of a state regulation while your
CISWI is still subject to this subpart.
(b) After the EPA fully approves a state plan covering your CISWI,
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. 62.14520a How do I determine if my CISWI is covered by an
approved and effective state or tribal plan?

This part 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 CISWI since publication of
the most recent version of this subpart.

Sec. 62.14525a If my CISWI is not listed in the Federal plan
inventory, am I exempt from this subpart?

Any CISWI that meets the applicability criteria in Sec. 62.14510a
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 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 meets the applicability
criteria in Sec. 62.14510a, this subpart applies to you whether or not
your CISWI is listed in the Federal plan inventory in the docket.

Sec. 62.14530a Can my combustion unit be exempt from this subpart?

This subpart exempts 11 types of units, described in paragraphs (a)
through (k) 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. 62.14785a 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 the criteria in
this paragraph (a).
(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) Municipal waste combustion units. Incineration units that are
regulated under 40 CFR part 60, subpart Ea, Eb, Cb, AAAA, or BBBB or
subpart JJJ of this part.
(c) Medical waste incineration units. Incineration units regulated
under 40 CFR part 60, subparts Ec and Ce and subpart HHH of this part.
(d) Small power production facilities. Units that meet the four
requirements specified in paragraphs (d)(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. 62.14675a(t).
(e) Cogeneration facilities. Units that meet the four requirements
specified in paragraphs (e)(1) through (4) of this section.
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for

[[Page 100107]]

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. 62.14675a(u).
(f) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
(g) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(h) 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 Sec. Sec. 62.14740a
through 62.14765a and 62.14770a.
(i) Sewage treatment plants. Incineration units regulated under 40
CFR part 60, subpart O.
(j) 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 40 CFR part
60, subpart LLLL or MMMM.
(k) Other solid waste incineration units. Incineration units that
are subject to 40 CFR part 60, subpart EEEE or FFFF.
(l) Small, remote incinerators. Incineration units located in the
State of Alaska are not subject to this subpart as specified in the
Consolidated Appropriations Act of 2024, H.R. 4366, section 432.

Compliance Schedule

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

(a) If you plan to continue operation of your CISWI, then you must
follow the requirements in paragraph (b) of this section.
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart by January 10, 2025, then you must
complete the requirements of paragraphs (b)(1) through (5) of this
section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by January 10, 2025.
(2) You must submit a waste management plan no later than January
10, 2025.
(3) You must achieve final compliance by January 10, 2025. To
achieve final compliance, you must incorporate all process changes and
complete retrofit construction of control devices, so that, if the
affected CISWI 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 180 days
after the date when you are required to achieve final compliance under
paragraph (b)(3) of this section.
(5) You must submit an initial report including the results of the
initial performance test no later than 60 days following the initial
performance test (see Sec. Sec. 62.14675a through 62.14735a for
complete reporting and recordkeeping requirements).

Sec. 62.14540a What must I do if I plan to permanently close my
CISWI?

If you plan to permanently close your CISWI rather than comply with
the Federal plan, you must submit a legally binding closure agreement,
including the date of closure, to the Administrator by January 10,
2025, for sources that will not operate on or after the compliance date
under this subpart.

Sec. 62.14545a What must I do if I close my CISWI and then restart
it?

If you close your CISWI but restart it after January 10, 2025, for
the purpose of continuing operation of the your CISWI, 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. 62.14550a 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. 62.14555a When must I submit my waste management plan?

You must submit a waste management plan no later than January 10,
2025, or six months prior to commencing or recommencing burning solid
waste, whichever is later.

Sec. 62.14560a 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. 62.14565a What are the operator training and qualification
requirements?

(a) You must have a fully trained and qualified CISWI 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 operator may operate the CISWI directly or be the
direct supervisor of one or more other plant personnel who operate the
unit. If all qualified CISWI operators are temporarily not accessible,
you must follow the procedures in Sec. 62.14595a.
(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

[[Page 100108]]

reference material following completion of the course.

Sec. 62.14570a When must the operator training course be completed?

The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section.
(a) January 10, 2025.
(b) Six months after CISWI startup; or
(c) Six months after an employee assumes responsibility for
operating the CISWI or assumes responsibility for supervising the
operation of the CISWI.

Sec. 62.14575a How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 62.14565a(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. 62.14565a(c)(2).

Sec. 62.14580a 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. 62.14585a 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. 62.14580a.
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 62.14575a(a).

Sec. 62.14590a What site-specific documentation is required?

(a) Documentation must be available at the facility and readily
accessible for all CISWI 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. 62.14550a
through 62.14560a.
(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) January 10, 2025.
(ii) Six months after CISWI startup.
(iii) Six months after being assigned to operate the CISWI.
(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 who have completed review of the information in paragraph
(a) of this section as required by paragraph (b) of this section,
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 who have completed the operator training requirements under
Sec. 62.14565a, met the criteria for qualification under Sec.
62.14575a, and maintained or renewed their qualification under Sec.
62.14580a or Sec. 62.14585a. 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. 62.14595a 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 may be operated by other plant
personnel familiar with the operation of the CISWI who have completed a
review of the information specified in Sec. 62.14590a(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. 62.14705a.
(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. 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 is
disapproved, the CISWI 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.
62.14565a(a).
(ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.

[[Page 100109]]

Emission Limitations and Operating Limits

Sec. 62.14600a What emission limitations must I meet and by when?

(a) You must meet the emission limitations for each CISWI,
including bypass stack or vent, specified in tables 4 through 7 to this
subpart by January 10, 2025. 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 4
to this subpart, as applicable.

Sec. 62.14605a What operating limits must I meet and by when?

(a) If you use a wet scrubber to comply with the emission
limitations in Sec. 62.14600a, you must establish operating limits for
up to four operating parameters (as specified in table 1 to 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 (HCl) emission limitation.
(b) You must meet the operating limits established on the date that
the performance test report is submitted to the EPA's Central Data
Exchange or postmarked, per the requirements of Sec. 62.14730a(b).
(c) If you use a fabric filter to comply with the emission
limitations in Sec. 62.14600a and you do not use a particulate matter
(PM) continuous parameter monitoring system (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 (ESP) to comply with
the emission limitations in Sec. 62.14600a 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 in Sec. 62.14600a, 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 (ERU), 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 in Sec. 62.14600a, you must measure the charge
rate, the secondary chamber temperature (if applicable to your CISWI),
and the reagent flow rate during the nitrogen oxides (NO<INF>X</INF>)
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.
(g) If you use a dry scrubber to comply with the emission
limitations in Sec. 62.14600a, 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 in Sec.
62.14600a, and if you do not determine compliance with your particulate
matter emission limitation with either a particulate matter continuous
emission monitoring system (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 with this
subpart, 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

[[Page 100110]]

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 PM test runs under Method 5 of 40 CFR part 60,
appendix A-3, or Method 29 of 40 CFR part 60, appendix A-8).
(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 performance tests under Method 5 of
40 CFR part 60, appendix A-3, or Method 29 of 40 CFR part 60, appendix
A-8, 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 be established 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 to this paragraph (i)(2)(ii):

Equation 1 to Paragraph (i)(2)(ii)
[GRAPHIC] [TIFF OMITTED] TR11DE24.024

Where:

X<INF>1</INF> = The PM CPMS output data points for the three runs
constituting the performance test;
Y<INF>1</INF> = 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 to this
paragraph (i)(2)(iii):

Equation 2 to Paragraph (i)(2)(iii)
[GRAPHIC] [TIFF OMITTED] TR11DE24.025

Where:

R = The relative mg/dscm per milliamp, or the digital equivalent,
for your PM CPMS;
Y<INF>1</INF> = The three run average mg/dscm PM concentration;
X<INF>1</INF> = The three run average milliamp output, or the
digital equivalent, from you 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 to paragraph (i)(2)(iii) of this
section, in equation 3 to this paragraph (i)(2)(iv). This sets your
operating limit at the PM CPMS output value corresponding to 75 percent
of your emission limit:

Equation 3 to Paragraph (i)(2)(iv)
[GRAPHIC] [TIFF OMITTED] TR11DE24.026

Where:

O<INF>1</INF> = 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 to paragraph
(i)(2)(iii) of this section.

[[Page 100111]]

(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 to this
paragraph (i)(3) and you must submit all compliance test and PM CPMS
data according to the reporting requirements in paragraph (i)(5) of
this section:

Equation 4 to Paragraph (i)(3)
[GRAPHIC] [TIFF OMITTED] TR11DE24.027

Where:

X<INF>1</INF> = The PM CPMS data points for all runs i;
n = The number of data points; and
O<INF>h</INF> = 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 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. 62.14610a 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. 62.14600a, 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 the parameters
required by paragrpah (a) of this seciton and emissions of regulated
pollutants, identifying how emissions of regulated pollutants change
with changes in the parameters, and how limits on the parameters will
serve to limit emissions of regulated pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for the parameters required by paragraph (a) of this section
that will establish the operating limits on the parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor the parameters required by
paragraph (a) of this section, 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 the
parameters required by paragraph (a) of this section.

Performance Testing

Sec. 62.14615a 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. 62.14675a(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 4 through 7 to this subpart.
(d) Method 1 of 40 CFR part 60, appendix A-1, must be used to
select the sampling location and number of traverse points.
(e) Method 3A of 40 CFR part 60, appendix A-1, must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A must be used simultaneously with each method (except when
using Method 9 of 40 CFR part 60, appendix A-4, and Method 22 of 40 CFR
part 60, appendix A-7).
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 1 to this paragraph (f):

Equation 1 to Paragraph (f)

C<INF>adj</INF> = C<INF>meas</INF> (20.9-7)/(20.9-%O<INF>2</INF>) (Eq.
1)

Where:

C<INF>adj</INF> = Pollutant concentration adjusted to 7 percent
oxygen;
C<INF>meas</INF> = 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
%O<INF>2</INF> = 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 of 40 CFR part 60, appendix
A-7.
(2) Quantify isomers meeting identification criteria in section
11.4.3.4 of Method 23 of 40 CFR part 60, appendix A-7, regardless of
whether the isomers meet identification criteria in section 11.4.3.4.1
of Method 23. You must quantify the isomers per section 11.4.3.5 of
Method 23. Note that you may reanalyze the sample aliquot or split to
reduce the number of isomers not meeting identification criteria in
section 11.4.3.4 of Method 23.
(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 2 to this subpart; and
(4) Sum the products calculated in accordance with paragraph (g)(3)
of this section to obtain the total concentration

[[Page 100112]]

of dioxins/furans emitted in terms of toxic equivalency.
(h) Method 22 of 40 CFR part 60, appendix A-7, must be used to
determine compliance with the fugitive ash emission limit in table 4,
5, or 7 to this subpart.
(i) If you have an applicable opacity operating limit, you must
determine compliance with the opacity limit using Method 9 of 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.
62.14640a and 62.14665a.
(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 of 40 CFR part 60,
appendix A-7;
(2) Quantify isomers meeting identification criteria in section
11.4.3.4 of Method 23 of 40 CFR part 60, appendix A-7, regardless of
whether the isomers meet identification criteria in section 11.4.3.4.1
of Method 23. Note that you may reanalyze the sample aliquot or split
to reduce the number of isomers not meeting identification criteria in
section 11.4.3.4 of Method 23; and
(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. 62.14620a How are the performance test data used?

You use results of performance tests to demonstrate compliance with
the emission limitations in tables 4 through 7 to this subpart.

Initial Compliance Requirements

Sec. 62.14625a How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?

(a) You must conduct an initial performance test to determine
compliance with the emission limitations in tables 4 through 7 to this
subpart, to establish compliance with any opacity operating limits in
Sec. 62.14605a(h), to establish the kiln-specific emission limit in
Sec. 62.14640a(y), as applicable, and to establish operating limits
using the procedure in Sec. 62.14605a or Sec. 62.14610a. The initial
performance test must be conducted using the test methods listed in
tables 4 through 7 to this subpart and the procedures in Sec.
62.14615a. The use of the bypass stack during a performance test shall
invalidate the performance test.
(b) As an alternative to conducting a performance test, as required
under Sec. Sec. 62.14615a and 62.14600a, you may use a 30-day rolling
average of the 1-hour arithmetic average CEMS data, including CEMS data
during startup and shutdown as defined in this subpart, to determine
compliance with the emission limitations in tables 4 through 7 to this
subpart. You must conduct a performance evaluation of each continuous
monitoring system within 180 days of installation of the monitoring
system. The initial performance evaluation must be conducted prior to
collecting CEMS data that will be used for the initial compliance
demonstration.

Sec. 62.14630a 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 January 10, 2025, or the date you restart your CISWI if later than
January 10, 2025.
(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. 62.14635a 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 reaches the charge rate at which it will operate,
but no later than 180 days after January 10, 2025.
(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. 62.14640a How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

(a)(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 in this subpart, 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 standards under
section 112 of the Clean Air Act 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, 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 subpart and subcategory under 40 CFR part 63 that will be
applicable after you cease combusting solid waste;

[[Page 100113]]

(iii) The fuel(s), non-waste material(s) and solid waste(s) the
CISWI 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; and
(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 monitoring
requirements under section 112 of the Clean Air Act or monitoring
requirements under this subpart.
(b) You must conduct an annual performance test for the pollutants
listed in tables 4 through 7 to this subpart and opacity for each CISWI
as required under Sec. 62.14615a. The annual performance test must be
conducted using the test methods listed in tables 4 through 7 to this
subpart and the procedures in Sec. 62.14615a. Opacity must be measured
using EPA Reference Method 9 of 40 CFR part 60, appendix A-4. 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. 62.14605a or established under Sec. 62.14610a.
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. 62.14610a 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. 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 of 40 CFR
part 60, appendix A-4 (except where particulate matter continuous
monitoring system or CPMS are used), and the pollutants listed in table
5 to 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, as described in
Sec. 62.14665a(o).
(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.
62.14665a(n) instead of the CPMS specified in paragraph (i) of this
section. 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.
62.14665a(n) instead of particulate matter testing with EPA Method 5 of
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/hr but less than 250 MMBtu/hr that do
not use a wet scrubber, fabric filter with bag leak detection system,
an electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS, you must install, operate, certify, and maintain a
continuous opacity monitoring system (COMS) according to the procedures
in Sec. 62.14665a(m).
(j) For waste-burning kilns, you must conduct an annual performance
test for the pollutants (except mercury and hydrogen chloride if no
acid gas wet scrubber or dry scrubber is used) listed in table 6 to
this subpart, unless you choose to demonstrate initial and continuous
compliance using CEMS, as allowed in paragraph (u) of this section. If
you do not use an acid gas wet scrubber or dry scrubber, you must
determine compliance with the hydrogen chloride emissions limit using a
HCl CEMS according to the requirements in paragraph (j)(1) of this
section. You must determine compliance with the mercury emissions limit
using a mercury CEMS or an integrated sorbent trap monitoring system
according to paragraph (j)(2) of this section. You must determine
compliance with particulate matter using a PM CPMS according to
paragraph (x) of this section.
(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 40 CFR part 60, appendix B, or, PS 18 of 40
CFR part 60, appendix B. 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 40 CFR part 60, appendix F,
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 40 CFR part 60,
appendix F. For any performance specification that you use, you must
use Method 321 of 40 CFR part 63, appendix A, 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:

[[Page 100114]]

(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;
(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 relative accuracy test audit (RATA) with the mill off is not
required;
(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 percent 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 <plus-minus>20 percent of the certified value of the
reference gas must be normalized using equation 1 to paragraph
(j)(1)(ii)(D)(1) of this section;
(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)(1) 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 1 to this paragraph
(j)(1)(ii)(D)(1):

Equation 1 to paragraph (j)(1)(ii)(D)(1)
[GRAPHIC] [TIFF OMITTED] TR11DE24.028

(2) 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 or integrated sorbent trap monitoring system
according to the following requirements:
(i) You must operate a mercury CEMS in accordance with performance
specification 12A of 40 CFR part 60, appendix B, or an integrated
sorbent trap monitoring system in accordance with Performance
Specification 12B of 40 CFR part 60, appendix B; these monitoring
systems must be quality assured according to Procedure 5 of appendix F
to 40 CFR part 60. For the purposes of emissions calculations when
using an integrated sorbent trap monitoring system, the mercury
concentration determined for each sampling period must be assigned to
each hour during the sampling period. If you choose to comply with the
production-rate based mercury limit for your waste-burning kiln, you
must also monitor hourly clinker production and determine the hourly
mercury emissions rate in pounds per million ton of clinker produced.
You must demonstrate compliance with the mercury emissions limit using
a 30-day rolling average of these 1-hour mercury concentrations or mass
emissions rates, 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 of 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 CEMS or integrated sorbent
trap monitoring system to determine mass emission rate must install,
operate, calibrate and maintain an instrument for

[[Page 100115]]

continuously measuring and recording the mercury mass emissions rate to
the atmosphere according to the requirements of Performance
Specification 6 (PS 6) of 40 CFR part 60, appendix B, and conducting an
annual relative accuracy test of the continuous emission rate
monitoring system according to section 8.2 of PS 6; and
(iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS or
integrated sorbent trap monitoring system 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) of this chapter.
(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 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) of this chapter;
(v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 60.13 of this chapter; and
(vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 60.7(b), (c) introductory text,
(c)(1) and (4), and (d) through (g) of this chapter.
(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:

[[Page 100116]]

(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 OAQPS Fabric Filter Bag Leak Detection Guidance,
EPA-454/R-98-015 (incorporated by reference, see paragraph (z) of this
section).
(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 initial and
continous compliance with the sulfur dioxide (SO<INF>2</INF>) emission
limit, compliance with the sulfur dioxide emission limit may be
demonstrated by using the CEMS specified in Sec. 62.14665a(l) to
measure sulfur dioxide. The sulfur dioxide CEMS must follow the
procedures and methods specified in this paragraph (s). 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 of 40 CFR part 60, appendix B, 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 of 40 CFR part
60, appendix A-4, or as an alternative ANSI/ASME PTC 19.10-1981, Flue
and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] must be
used (incorporated by reference, see paragraph (z) of this section);
and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A of 40
CFR part 60, appendix A-2, 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 (incorporated by reference, see
paragraph (z) of this section).
(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 subpart.
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 subpart.
(3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with Procedure 1 of 40 CFR part 60, appendix
F.
(t) For facilities using a CEMS to demonstrate intitial and
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. 62.14665a to measure nitrogen
oxides. The nitrogen oxides CEMS 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 40 CFR part 60, appendix B, 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 of 40 CFR
part 60, appendix A-4, must be used; and
(ii) For oxygen (or carbon dioxide), EPA Reference Method 3A of 40
CFR part 60, appendix A-2, 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 (incorporated by reference, 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 of 40 CFR part 60, appendix
F.
(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 of 40 CFR part 60,
appendix A-2, must be used to determine the relationship between oxygen
and carbon dioxide at a sampling location. Method 3A of 40 CFR part 60,
appendix A-2, 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 (incorporated by reference,
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 CEMS or an integrated sorbent trap
monitoring system for mercury to demonstrate initial and 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 or an integrated sorbent trap monitoring
system 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 of 40 CFR part 60, appendix A-7. The 1-hour arithmetic
averages for CEMS must be calculated using the data points required
under Sec. 60.13(e)(2) of this chapter. Except for CEMS or an
integrated sorbent trap monitoring system data during startup and
shutdown, the 1-hour arithmetic averages used to calculate the 30-day
rolling average emission concentrations must be corrected to 7 percent
oxygen (dry basis). Integrated sorbent trap monitoring system or 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 and integrated sorbent trap monitoring systems
in

[[Page 100117]]

accordance with the applicable procedures under of 40 CFR part 60,
appendices B and F.
(v) Use of the bypass stack at any time is an emissions standards
deviation for PM, HCl, lead, cadmium, mercury, nitrogen oxides, sulfur
dioxide, and dioxin/furans.
(w) For energy recovery units with a design heat input capacity of
100 MMBtu/hr or greater that do not use a carbon monoxide CEMS, you
must install, operate, and maintain an oxygen analyzer system as
defined in Sec. 62.14785a 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. 62.14605a;
(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 carbon monoxide (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 40 CFR part 60, appendix A-7.
(x) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hr 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 (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. 62.14605a.
(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); 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 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.
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 (x);
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 kiln emissions are emittted through multiple stacks (e.g.,
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 2 to
this paragraph (y)(1):

Equation 2 to paragraph (y)(1)

[[Page 100118]]

[GRAPHIC] [TIFF OMITTED] TR11DE24.029

Where:

C<INF>ks</INF> = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm,
depending on pollutant. Each corrected to 7% O<INF>2</INF>).
Q<INF>ks</INF> = Kiln stack flow rate (volume/hr).
Q<INF>i</INF> = Flow rate of stack i (volume/hr).
n = Number of stacks kiln emissions are being emitted from including
the kiln stack.
m = Number of stacks excluding the kiln stack that kiln emissions
are being emitted from.
C<INF>i</INF> = Concentration in stack i (ppmvd, mg/dscm, ng/dscm,
depending on pollutant. Each corrected to 7% O<INF>2</INF>).

(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).
(z) 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,
<a href="https://www.epa.gov">https://www.epa.gov</a>. You may also inspect a copy at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, visit <a href="https://www.archives.gov/federal-register/cfr/ibr-locations">https://www.archives.gov/federal-register/cfr/ibr-locations</a>.html or email
<a href="/cdn-cgi/l/email-protection#bbddc995d2d5c8cbded8cfd2d4d5fbd5dac9da95dcd4cd">[email&#160;protected]</a>.
(1) American Society of Mechanical Engineers (ASME), Two Park
Avenue, New York, NY 10016-5990; phone: 1-800-843-2763; website:
<a href="https://www.asme.org/">https://www.asme.org/</a>.
(i) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], Issued August 31, 1981.
(ii) [Reserved]
(2) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; phone (202) 272-0167; website <a href="https://www.epa.gov">https://www.epa.gov</a>.
(i) Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-015,
September 1997. (Available from <a href="http://www3.epa.gov/ttnemc01/cem/tribo.pdf">www3.epa.gov/ttnemc01/cem/tribo.pdf</a>.)
(ii) [Reserved]

Sec. 62.14645a By what date must I conduct the annual performance
test?

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

Sec. 62.14650a 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.
62.14635a.

Sec. 62.14655a May I conduct performance testing less often?

You must conduct annual performance tests according to the schedule
specified in Sec. 62.14645a, with the following exceptions:
(a) You may conduct a repeat performance test at any time to
establish new values for the operating limits, as specified in Sec.
62.14660a. New operating limits become effective on the date that the
performance test report is submitted to the EPA's Central Data Exchange
or postmarked, per the requirements of Sec. 62.14730a(b). The
Administrator may request a repeat performance test at any time;
(b) You must repeat the performance test within 60 days of a
process change, as defined in Sec. 62.14780a; and
(c) You can conduct performance tests less often if you meet the
following conditions: your performance tests for the pollutant for at
least 2 consecutive performance tests demonstrates that the emission
level for the pollutant is no greater than the emission level specified
in paragraph (c)(1) or (2) of this section, as applicable; there are no
changes in the operation of the affected source or air pollution
control equipment that could increase emissions; and you are not
required to conduct a performance test for the pollutant in response to
a request by the Administrator in paragraph (a) of this section or a
process change in paragraph (b) of this section. In this case, you do
not have to conduct a performance test for that pollutant for the next
2 years. You must conduct a performance test for the pollutant no more
than 37 months following the previous performance test for the
pollutant. If the emission level for your CISWI continues to meet the
emission level specified in paragraph (c)(1) or (2), as applicable, you
may choose to conduct performance tests for the pollutant every third
year, as long as there are no changes in the operation of the affected
source or air pollution control equipment that could increase
emissions. Each such performance test must be conducted no more than 37
months after the previous performance test.
(1) 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 tables 4 through 7 to this subpart, as applicable;
and
(2) 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.
(3) If you are conducting less frequent testing for a pollutant as
provided in this paragraph (c) and a subsequent performance test for
the pollutant indicates that your CISWI does not meet the emission
level specified in paragraph (c)(1) or (2) of this section, as
applicable, you must conduct annual performance tests for the pollutant
according to the schedule specified in this section until you qualify
for less frequent testing for the pollutant as specified in this
paragraph (c).

Sec. 62.14660a 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

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