# Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2014-29568 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** January 21, 2015 - **Citation:** 80 FR 3018 ## Text ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2003-0119; FRL-9919-27-OAR] RIN 2060-AR11 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units AGENCY: Environmental Protection Agency. ACTION: Proposed rule. SUMMARY: On February 7, 2013, the Environmental Protection Agency (EPA) promulgated its final response to petitions for reconsideration of the final new source performance standards (NSPS) and emission guidelines (EG) for commercial and industrial solid waste incineration (CISWI) units that were promulgated on March 21, 2011. Following promulgation of the February 2013 final action, the Administrator received petitions for reconsideration that identified issues that petitioners maintain require additional reconsideration and/or warrant further opportunity for public comment. In this action, the EPA is granting reconsideration on four provisions of the February 2013 final NSPS and EG for CISWI units. In addition, the EPA identified regulatory provisions that require clarification and editorial correction to address inconsistencies and errors in the final rules. The proposed amendments provide additional clarity and improve the implementation of the February 2013 final CISWI standards, but do not have any environmental, energy or economic impacts associated with the proposed action. DATES: Comments. Comments must be received on or before March 9, 2015, or 30 days after date of public hearing, if later. Public Hearing. If anyone contacts us requesting to speak at a public hearing by January 26, 2015, a public hearing will be held on February 5, 2015. If you are interested in attending the public hearing, contact Ms. Virginia Hunt at (919) 541-0832 to verify that a hearing will be held. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2003-0119, by one of the following methods: • www.regulations.gov : Follow the on-line instructions for submitting comments. • Email: a-and-r-docket@epa.gov. • Fax: (202) 566-1741. • Mail: EPA Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. The EPA requests a separate copy also be sent to the contact person identified below (see FOR FURTHER INFORMATION CONTACT ). • Hand Delivery: EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2003-0119. The EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at www.regulations.gov , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov , your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses. Public Hearing: If anyone contacts the EPA requesting a public hearing by January 26, 2015, the public hearing will be held on February 5, 2015 at the EPA's campus at 109 T.W. Alexander Drive, Research Triangle Park, North Carolina. The hearing will begin at 1:00 p.m. (Eastern Standard Time) and conclude at 5:00 p.m. (Eastern Standard Time). Please contact Ms. Virginia Hunt at 919-541-0832 or at hunt.virginia@epa.gov to register to speak at the hearing or to inquire as to whether or not a hearing will be held. The last day to pre-register to speak at the hearing will be February 2, 2015. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk, although preferences on speaking times may not be able to be fulfilled. If you require the service of a translator or special accommodations such as audio description, please let us know at the time of registration. If you require an accommodation we ask that you pre-register for the hearing, as we may not be able to arrange such accommodations without advance notice. The hearing will provide interested parties the opportunity to present data, views or arguments concerning the proposed action. The EPA will make every effort to accommodate all speakers who arrive and register. Because these hearing are being held at U.S. government facilities, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. Please note that the REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. If your driver's license is issued by Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of Washington, you must present an additional form of identification to enter the federal building. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver's licenses and military identification cards. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building and demonstrations will not be allowed on federal property for security reasons. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Again a hearing will not be held unless requested. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC), WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742. FOR FURTHER INFORMATION CONTACT: For further information, contact Ms. Toni Jones, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-0316; fax number: (919) 541-3470; email address: jones.toni@epa.gov. SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document. Btu British Thermal Unit CAA Clean Air Act CBI Confidential Business Information Cd Cadmium CEMS Continuous Emissions Monitoring Systems CFR Code of Federal Regulations CISWI Commercial and Industrial Solid Waste Incineration CO Carbon Monoxide CO 2 Carbon Dioxide dscm Dry Standard Cubic Meter EG Emission Guidelines EJ Environmental Justice EPA U.S. Environmental Protection Agency ERU Energy Recovery Unit ESP Electrostatic Precipitator FVF Fuel Variability Factor HCl Hydrogen Chloride Hg Mercury ICR Information Collection Request MACT Maximum Achievable Control Technology mg/dscm Milligrams per Dry Standard Cubic Meter mmBtu/hr Million British Thermal Units per Hour NAICS North American Industrial Classification System NESHAP National Emission Standards for Hazardous Air Pollutants ng/dscm Nanograms per Dry Standard Cubic Meter NHSM Non-Hazardous Secondary Material(s) NO X Nitrogen Oxides NSPS New Source Performance Standards NTTAA National Technology Transfer and Advancement Act OAQPS Office of Air Quality Planning and Standards OMB Office of Management and Budget Pb Lead PM Particulate Matter ppm Parts Per Million ppmv Parts Per Million by Volume ppmvd Parts Per Million by Dry Volume PS Performance Specification RCRA Resource Conservation and Recovery Act RIN Regulatory Information Number SBA Small Business Administration SO 2 Sulfur Dioxide SSM Startup, Shutdown, and Malfunction The Court United States Court of Appeals for the District of Columbia Circuit TTN Technology Transfer Network ug/dscm Micrograms per Dry Standard Cubic Meter UMRA Unfunded Mandates Reform Act U.S.C. United States Code VCS Voluntary Consensus Standards WWW World Wide Web Does this action apply to me? Categories and entities potentially affected by the proposed action are those that operate CISWI units. The NSPS and EG, hereinafter referred to as “standards,” for CISWI affect the following categories of sources: Category NAICS a Code Examples of potentially regulated entities Any industrial or commercial facility using a solid waste incinerator 211, 212, 486 Mining, oil and gas exploration 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. a North American Industrial Classification System This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by the proposed action. To determine whether your facility would be affected by the proposed action, you should examine the applicability criteria in 40 CFR 60.2010 of subpart CCCC, 40 CFR 60.2505 of subpart DDDD and 40 CFR 241. If you have any questions regarding the applicability of the proposed action to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. What should I consider as I prepare my comments to the EPA? Submitting CBI. Do not submit information that you consider to be CBI electronically through http://www.regulations.gov , or email. For comments on the CISWI reconsideration and proposal, send or deliver information identified as CBI to only the following address: Mr. Roberto Morales, c/o OAQPS Document Control Officer (Room C404-02), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attn: Docket ID No. EPA-HQ-OAR-2003-0119. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. If you submit a disk or CD-ROM that does not contain CBI, mark the outside of the disk or CD-ROM clearly that it does not contain CBI. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section. How do I obtain a copy of this document and other related information? The docket number for the proposed action regarding the CISWI NSPS (40 CFR part 60, subpart CCCC) and EG (40 CFR part 60, subpart DDDD) is Docket ID No. EPA-HQ-OAR-2003-0119. World Wide Web In addition to being available in the docket, an electronic copy of the proposed action is available on the World Wide Web (WWW) through the Technology Transfer Network (TTN) Web. Following signature, the EPA posted a copy of the proposed action at http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html . The TTN provides information and technology exchange in various areas of air pollution control. Organization of this Document. The following outline is provided to aid in locating information in this preamble. I. General Information A. Background Information B. Actions We Are Taking C. Discussion of Issues for Reconsideration 1. Definition of “CEMS Data During Startup and Shutdown Periods” 2. PM Limit for the Waste-Burning Kiln Subcategory 3. FVF for Coal-Burning Energy Recovery Units 4. Definition of Kiln D. Technical Corrections and Clarifications 1. 2000 CISWI New Source Applicability Clarification for Incinerators and Air Curtain Incinerators 2. Typographical Errors and Corrections 3. Clarifications E. Environmental, Energy and Economic Impacts F. Affirmative Defense for Violation of Emission Standards During Malfunction II Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. Background Information On March 21, 2011, the EPA promulgated revised NSPS and EG for CISWI units ( i.e., solid waste incineration units located at commercial or industrial facilities). Following that action, the Administrator received petitions for reconsideration that identified certain issues that warranted further opportunity for public comment. In response to the petitions, the EPA reconsidered and requested comment on several provisions of the February 2011 final NSPS and EG for commercial and industrial solid waste incineration units. The EPA published the proposed revisions to the NSPS and EG for commercial and industrial solid waste units on December 23, 2011 (76 FR 80452). On February 7, 2013, the EPA promulgated the final reconsidered NSPS and EG for CISWI units (78 FR 9112). The final rule made some revisions to the December 2011 proposed reconsideration rule in response to comments and additional information received. Following that action, the EPA again received petitions for reconsideration. These petitions stated certain provisions should be reconsidered and that the public lacked sufficient opportunity to comment on some of the provisions contained in the final 2013 CISWI rule. In this action, the EPA is reconsidering and requesting comment on four provisions of the 2013 final NSPS and EG for CISWI units. Additionally, the EPA is proposing clarifying changes and corrections to the final rule, some of which are raised in petitions for reconsideration of the 2013 CISWI rule. The EPA is also proposing to amend the final rule by removing the affirmative defense provision. The EPA continues to evaluate the remaining issues raised in the petitions for reconsideration. For a more detailed background and additional information on how this rule is related to other CAA combustion rules issued under section 112 and the Resource Conservation and Recovery Act (RCRA) definition of solid waste, refer to prior notices (76 FR 15704, 78 FR 9112). B. Actions We Are Taking In this notice, we are granting reconsideration of, and requesting comment on, certain issues raised by Petitioners in their petitions for reconsideration on the 2013 CISWI rule. These provisions are: (1) Definition of “CEMS data during startup and shutdown periods;” (2) particulate matter (PM) limit for the waste-burning kiln subcategory; (3) fuel variability factor (FVF) for coal-burning energy recovery units; and (4) the definition of kiln. Additionally, the EPA proposes to clarify certain applicability provisions relating to incinerator units and air curtain incinerator units subject to the 2000 CISWI NSPS and to correct various typographical errors identified in the rule as published in the Code of Federal Regulations (CFR). The EPA is also proposing to amend the final rule by removing the affirmative defense provision. Sections D and F of this preamble summarize these issues and present the proposed revisions necessary to address each issue. We are seeking public comment only on the issues specifically identified in this action. We will not respond to any comments addressing other aspects of the 2013 CISWI final rule or any other rulemakings. C. Discussion of Issues for Reconsideration This section of the preamble contains the EPA's basis for reconsidering the provisions we identify in this proposed rule. We solicit comment on the four issues discussed in this section and the proposed technical corrections and clarifications discussed in Section D of this preamble. 1. Definition of “CEMS Data During Startup and Shutdown Periods” Today's proposal requests comments on the definition of “CEMS data during startup and shutdown” contained in the February 2013 final rule. As background, the 2011 CISWI final rule contained continuous emissions monitoring system (CEMS) monitoring requirements for carbon monoxide (CO) from new sources, including a provision that mandated a 7 percent oxygen correction. After the 2011 CISWI final rule was published, petitioners indicated that correcting CO concentration measurements to 7 percent oxygen is problematic during startup and shutdown periods when the flue gas oxygen content approaches the oxygen content of ambient air, especially with regard to the energy recovery unit (ERU) subcategory. Oxygen contents relatively close to ambient air are often maintained during combustion unit startup and shutdown in order to safely operate the unit, but, as a result, the corrected CO values during these periods are artificially inflated due to the oxygen correction calculation. Petitioners presented data that demonstrated how these inflated data points drive the 30-day rolling average values beyond the emission limit. To resolve this issue, the EPA determined that the 7 percent oxygen correction would not be required for CEMS data collected during periods of startup and shutdown. Based on data submitted for coal-burning ERUs, a new definition of “CEMS data during startup and shutdown” was proposed in the December 2011 reconsideration proposal that referred to the data collected during the first 4 hours of operation of an energy recovery unit starting up from a cold start and the hour of operation following the cessation of waste material being fed to the unit during shutdown. The EPA received comments on the proposed definition expressing concern that the time limits included in the definition may not accurately represent all CISWI unit types. Further, commenters argued that the same logic should apply for all CEMS-measured emission limits, not just CO. They explained that, even though CEMS is a compliance alternative rather than a requirement for most CISWI standards, other air regulations and permit requirements may require the units to continue to monitor emissions using CEMS data. Therefore, in the February 2013 CISWI final rule, the definition was revised to include all pollutants measured with a CEMS, expanded to include a separate definition for waste-burning kilns, and the 4-hour and 1-hour time limits in the definition were removed. The EPA defined the end of the startup period and the beginning of the shutdown period as the introduction and cessation of waste fed to the unit, respectively. Information available for the best performing units demonstrates their typical operation and supports the idea that startup and shutdown periods be defined by the introduction and cessation of waste being fed to the units. Furthermore, for the incinerator, small remote incinerator, and the ERU subcategories, the startup period was limited to 48 hours and the shutdown period limited to 24 hours. After the February 2013 CISWI final rule was promulgated, the EPA received petitions stating that stakeholders did not have the opportunity to comment on the final definition, especially the clause that defines the beginning and ending of these periods as the introduction and cessation, respectively, of waste material being fed to the combustor. Petitioners argued that, with the inclusion of the provision ending startup when waste is added to the unit, the end of startup will occur too early because units that combust waste often introduce waste before steady state operations to transition from startup fuel to waste and other primary fuel combustion. For this reason, the petitioners argued that the EPA should extend the startup period duration to include the period of time when sources are transitioning to waste combustion from the startup fuel. We are taking comment on whether the definition should be revised to extend the startup period to include this transitional period of combustor operation. In addition, the EPA requests that commenters suggest provisions that would ensure adequate application of the CEMS data during startup and shutdown definition, such as maximum allowable time limits after introduction of waste, if the agency were to allow solid waste combustion during startup. 2. PM Limit for the Waste-burning Kiln Subcategory The February 2013 CISWI final rule included PM limits for new and existing waste-burning kilns in the NSPS and EG, respectively. Petitioners have requested reconsideration of these emission limits, stating that they did not have the opportunity to review and comment on the data used to calculate the 2013 emission limits. As background, the March 2011 CISWI final rule promulgated PM emissions limits of 6.2 milligrams per dry standard cubic meter (mg/dscm) for existing units, and 2.5 mg/dscm for new units, both corrected to 7 percent oxygen. In an action parallel to the March 21, 2011, final CISWI rule, the EPA promulgated a final rule that identifies the standards and procedures for identifying whether non-hazardous secondary materials (NHSM) are or are not solid waste when used as fuels or ingredients in combustion units. The EPA defines the NHSM that are solid waste under RCRA in the final “Identification of Non-Hazardous Secondary Materials That Are Solid Waste” rulemaking. The RCRA definition of solid waste is integral in defining the CISWI source category. Commercial and industrial units that combust solid waste are subject to standards issued pursuant to CAA section 129, rather than to standards issued pursuant to CAA section 112 that would otherwise be applicable to such units ( e.g., boilers, process heaters and cement kilns). Cement kilns combusting solid waste are waste-burning kilns subject to CISWI, not the otherwise applicable national emission standards for hazardous air pollutants (NESHAP). Following promulgation of the 2011 CISWI rule, the EPA again analyzed the materials being combusted in the entire national inventory of Portland cement kilns in light of the revisions to the NHSM rule, and made revisions to the CISWI waste-burning kiln inventory. When kilns were added to the inventory and their emissions data considered, the resulting NSPS and EG PM emission limits proposed in the December 2011 reconsideration were less stringent than those established in the March 2011 CISWI final rule. Following the December 2011 reconsideration proposal, the EPA learned that one of the kilns in the CISWI inventory was no longer burning waste, and another kiln that was not thought to be burning waste materials was doing so. The CISWI waste-burning kiln inventory was revised during the period between proposal and final to reflect these changes, and the database updated to include emissions data for the new unit, as well as some additional test reports obtained for units within the inventory. The EPA calculated the MACT floors after making the appropriate revisions to the inventory and the new NSPS and EG PM emission limits were more stringent than those proposed in the December 2011 reconsideration proposal. Table 1, below, tracks the progression of the waste-burning kiln PM limits from the March 2011 final rule through the February 2013 final rule. Throughout the CISWI rulemaking process from March 2011 through February 2013, the EPA used the same calculation methodology ( i.e., the upper prediction limit calculated from a population of individual test runs) to establish the emission limits for waste-burning kilns. However, the data set used in these calculations has changed and grown over this period of time as the agency has revised the CISWI inventory based on information submitted to the agency by the regulated community. As a result, a petitioner has suggested that the current PM emission data set for waste-burning kilns is robust enough to warrant using 3-run emission test averages as the data population rather than the individual test runs. According to the commenter, using this approach to calculate emission limits would result in PM emission limits that are different than those of the February 2013 CISWI final rule. The calculated PM emission limits using the test averages are also presented in Table 1 for comparison. In the context of MACT analyses, emission test averages or individual test run data can be used to determine emissions variability of best performers. We typically use individual test runs, but for categories with data from 15 or more sources, which would provide at least 45 test runs, we may choose to use test averages. In these larger datasets, the use of test averages or test runs is expected to make very little difference in the calculated level of the standard. In today's proposal, the EPA is soliciting comment on the data set used in the February 2013 final rule, as well as whether this data set now warrants a different calculation approach due to its size or other factors. See the memoranda titled “Potential Emission Limits Calculation Analyses for Waste-burning Kilns and Coal ERUs,” “Approach for Applying the Upper Prediction Limit to Limited Datasets,” and “Use of the Upper Prediction Limit for Calculating MACT Floors” in the CISWI docket for more details. Table 1—Waste-burning Kiln PM Emission Limits from March 2011 Final Rule Through Petitioner's Current Suggestion Source type (units) March 2011 Final Rule December 2011 Proposed Rule February 2013 Final Rule Test average-based calculated limits New Sources (mg/dscm) a 2.5 8.9 2.2 4.9 Existing Sources (mg/dscm) a 6.2 9.2 4.6 13.5 a corrected to 7 percent oxygen (O 2 ). 3. FVF for Coal-burning Energy Recovery Units In the preamble to the 2013 final CISWI rule, we explained the methodology used to establish the final emission limits, which relied almost exclusively on direct emissions measurements. A petitioner expressed concern that the derivation of the CISWI limits for the coal-fired ERU subcategory should take into account the variable constituent levels in coal and urged the EPA to incorporate fuel variability into the emission limit calculations for coal-fired ERUs as was done in the Boiler MACT for coal-fired boilers. The petitioner contended that the EPA's emissions dataset for coal ERUs is very limited for the fuel-dependent pollutants hydrogen chloride (HCl), lead (Pb), cadmium (Cd), mercury (Hg), and sulfur dioxide (SO 2 ), and that emission standards based on stack test and CEMS data alone are too stringent to be met reliably because of the inherent variability of the coal. Specifically, they noted that emission standards were based solely on one stack test for Cd, Pb and HCl, two stack tests for Hg and 7 days of CEMS data for SO 2 , emphasizing the short-term nature of these data. They argued that coal has variable levels of each of these contaminants, referencing historical fuel data previously submitted to the agency during the public comment period. Further, the petitioner expressed their concern that EPA based its decision in the 2013 final rule on inaccurate assumptions about the three Eastman boilers in the coal-fired ERU subcategory. This concern stemmed from an error in the EPA's response to Eastman's previous comments regarding the proposal, which mistakenly stated that for some pollutants, the best performers were not Eastman units. While this statement was true at the time of proposal, two significant changes were made regarding the coal-burning ERU subcategory in finalizing the 2013 final rule: (1) The EPA determined it would be appropriate to subcategorize solid fuel ERUs into coal-burning and biomass-burning for HCl and Hg as well as the other pollutants; and (2) the only other facility having emissions data for a coal-burning ERU confirmed that the secondary materials combusted in their unit met the legitimacy criteria for a fuel, and therefore the unit was removed from the CISWI inventory. With these changes implemented, the top performer for every pollutant became one of the three Eastman units. For the 2013 final rule, the EPA's rationale for rejecting comments calling for the incorporation of a FVF in the emission limit calculations for coal-burning ERUs was based on the following points: (1) The subcategorization of biomass-burning and coal-burning ERUs for all nine pollutants ensures that the limits account for differences in units designed to burn coal or biomass; (2) the EPA has fuel variability data for only one facility within the coal-fired ERU subcategory, so the resulting FVF may not be reflective of the materials being combusted by other sources within the subcategory; and, (3) the EPA's analyses indicated that variability was adequately accounted for because the best performing sources in the coal-fired ERU (ERU solids (coal)) subcategory are able to meet the final emission limits. The petitioner objected to the EPA's assertion that the best performers met all of the final emission limits, emphasizing that units may not be able to consistently meet the standards. While they acknowledged that limits set for Cd, Pb and Hg may already account for contaminant variability (because Pb and Hg are controlled by electrostatic precipitators (ESPs) and Cd is rarely detected in their coal supplies), they argue that emissions of SO 2 and HCl from the best performers are not controlled and are entirely dependent on sulfur and chlorine content of the fuel. This same petitioner also contended that the data the EPA used to establish the final rule nitrogen oxide (NO X ) emission limit for the best-performing unit in the coal-fired ERU subcategory does not reflect this unit's actual performance accurately, since it reflects only periods of waste combustion in the analysis. The petitioner noted that this unit, as well as the other coal-fired ERUs at this facility, operate for extended periods of time in a non-waste burning mode. As a remedy, the petitioner suggested that the EPA use data from both waste-burning and non-waste burning periods for the best-performing unit to establish maximum achievable control technology (MACT) floor emission limits, stating that these will more accurately reflect actual operating conditions for this unit. The petitioner subsequently provided the EPA additional longer-term NO X CEMS data for the best-performing unit (reflecting coal-only and waste combustion periods of operation) which could be used to provide a larger data set on which to base the NO X emission limit calculations. We are, therefore, requesting comments and supporting data regarding the need to establish a FVF for the ERU solids (coal) subcategory, including stack test data from coal-only periods of operation in our emission limit calculations, and whether the EPA should re-evaluate the NO X emission limit by using the additional CEMS data provided for the best performing unit. Table 2 presents a comparison of the 2013 final rule emission limits for existing coal ERUs and what the emission limit calculation results are when all data available ( i.e., waste and coal-only modes of operation), FVF calculation techniques and the additional CEMS data provided by the petitioner are used in conjunction to calculate the emission limits. See the memorandum, “Potential Emission Limits Calculation Analyses for Waste-burning Kilns and Coal ERUs,” in the CISWI docket for more details. Table 2—Existing Coal ERU Emission Limits From February 2013 Final Rule and Based on FVF Plus Additional CEMS Data Pollutant (units) February 2013 final rule emission limit a Potential emission limit using additional data and FVF a Cadmium (Cd) (mg/dscm) 0.0095 0.0017 b Hydrogen Chloride (HCl) (ppmv) 13 58 c Mercury (Hg) (mg/dscm) 0.016 0.013 b Lead (Pb) (mg/dscm) 0.14 0.057 c Particulate Matter (PM filterable) (mg/dscm) 160 130 b Nitrogen Oxides (NOx) (ppmv) 340 460 b a All emission limits are expressed as concentrations corrected to 7 percent O 2 . b Unable to calculate FVF, potential emission limit reflects use of additional data for coal-only mode of operation. c Based on maximum ratio in dataset to calculate FVF. If average ratios were used instead, HCl potential emission limit would be 19 (parts per million by volume) ppmv and Pb would be 0.047 mg/dscm. 4. Definition of Kiln In today's rule, the EPA is also revising the definition of “kiln” and adding definitions of “in-line raw mill” and “in-line coal mill” to further clarify the boundaries of the waste-burning kiln and to remain consistent with similar revisions made in the Portland Cement NESHAP. Since the in-line raw mill and in-line coal mill are part of the kiln, the kiln emission limits also apply to the exhaust of the in-line raw mill and in-line coal mill. For more background on this issue, the EPA discussed at length in the preamble to the proposed Portland Cement NESHAP a potential regulatory regime to cover situations where a portion of the kiln exhaust is ducted to the coal mill. See 77 FR 42383-85; see also the regulatory text at 77 FR 42398, 42402-06, 42408-09. For waste-burning kilns, we have adopted language in the definition of “kiln” to make it consistent with that of the Portland Cement NESHAP. The terms “in-line raw mill” and “in-line coal mill” are included in this definition, and, therefore, are also being added to the definitions within the CISWI rule. In addition to the definitional amendments, we are also proposing a compliance demonstration and on-going monitoring method for waste-burning kilns that combine emission streams from the in-line raw mill and in-line coal mill and exhaust through multiple stacks. This approach allows sources to measure pollutant concentrations and flows from each of the stacks ( i.e., kiln, alkali bypass, and in-line coal mill, as applicable) and calculate a flow-weighted average kiln stack concentration that must be met in order to be in compliance with the CISWI waste-burning kiln emission limits. These provisions are modeled upon similar provisions and equations found in the Portland Cement NESHAP, and should streamline compliance demonstrations for waste-burning kilns that combine streams prior to discharge to the atmosphere through one or more stacks. These proposed calculation method and measurement location options are found in 40 CFR 60.2145 and 40 CFR 60.2710. We request comments on these definitional and calculation method changes to demonstrating compliance for waste-burning kilns that combine streams prior to discharge to the atmosphere through one or more stacks. D. Technical Corrections and Clarifications In today's rule, we are also proposing some changes to the final rule to correct minor typographical errors and clarify some portions that may have been unclear. This section of the preamble summarizes these corrections and clarifications. 1. 2000 CISWI New Source Applicability Clarification for Incinerators and Air Curtain Incinerators Following promulgation of the February 2013 CISWI final rule, the EPA received questions regarding the continued applicability of the 2000 CISWI NSPS for units that are subject to the 2000 CISWI NSPS as they are transitioned from the 2000 NSPS to the February 2013 EG with which they will eventually be required to comply. The 2000 CISWI NSPS are the same as the 2000 CISWI EG and limited in applicability to the incinerator subcategory and air curtain incinerators so only these types of CISWI units being regulated in the February 2013 CISWI final rules are affected by the applicability issue. The EPA intended, consistent with the statute and our stated intent (see 76 FR 15711, March 21, 2011), to continue to regulate these units as “new” sources under the 2000 NSPS, and then regulate them as “existing” sources under the more stringent EG once these units were covered under an approved state plan or federal plan that implements the February 2013 CISWI final EG. The language in the February 7, 2013 NSPS at 40 CFR 60.2105 and the title of Table 1 to 40 CFR part 60, subpart CCCC make the EPA's intent to do so evident. However, the applicability section in 40 CFR 60.2015 omitted the applicability provisions for incinerators and air curtain incinerators that are subject to the 2000 CISWI NSPS. In today's proposal, the EPA is proposing additional language in 40 CFR 60.2015(a) and 40 CFR 60.2105(b) that clarifies that these incinerators and air curtain incinerators remain “new” units regulated under the 2000 NSPS until such time that an approved state plan or federal plan implements the February 2013 EG for those unit, at which time such units will be subject to the 2013 EG to the extent those limits are more stringent than the 2000 CISWI NSPS limits. 2. Typographical Errors and Corrections The following items are typographical errors in the final rule that we are proposing to correct in today's proposal: • References in § 60.2020(e), § 60.2020(f), § 60.2555(e), and § 60.2555(f) were changed from “. . . paragraphs (e)(1) through (3) . . .” to “. . . paragraphs (e)(1) through (4) . . .”. • Restructured § 60.2060 to add paragraph (b) that clarifies waste management plan submittal timeline for CISWI units that commence reconstruction or modification after August 7, 2013. • References in §§ 60.2020(i) and 60.2245 were revised to include § 60.2242 in addition to §§ 60.2245 through 60.2260 ( i.e., clarifies that air curtain incinerators burning wood waste, clean lumber, and/or yard waste must obtain title V permits). • References in §§ 60.2555(i) and 60.2810 were revised to include § 60.2805 in addition to §§ 60.2810 through 60.2870( i.e., clarifies that air curtain incinerators burning wood waste, clean lumber, and/or yard waste must obtain title V permits). • References in § 60.2110(i)(2)(i)(D) and § 60.2675(i)(2)(i)(D) were changed from “. . . paragraphs (i)(2)(i) through (iv) . . .” to “. . . paragraphs (i)(2)(i)(A) through (i)(2)(i)(C) . . .”. • Two references in the definitions of terms for Equation 3 in § 60.2110(i)(2)(iv) were revised. For the `z' term, “(2)(a)” was corrected to “(2)(i)”, and for the `R' term, “Equation 3” was corrected to “Equation 2”. • Two references in the definitions of terms for Equation 3 in § 60.2675(i)(2)(iv) were revised. For the `z' term, “(2)(a)” was corrected to “(2)(i)”, and for the `R' term, “Equation 3” was corrected to “Equation 2”. • The language in § 60.2140(c) and § 60.2705(c) were revised to include the phrase “commence or recommence combusting” to be parallel to the same terminology in § 60.2140(b) and § 60.2705(b), respectively. • Extra spaces were removed from §§ 60.2145(v) and 60.2710(v). • The reference in § 60.2145(w)(1) was changed from “§ 60.2675” to “§ 60.2140”. • The references in § 60.2145(x)(1) were changed from “. . . § 60.2145(l) and (x)(1)(i) through (iii) . . .” to “. . . paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .” • The references in § 60.2710(x)(1) were changed from “. . . § 60.2710(l) and (x)(1)(i) through (iii) . . .” to “. . . paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .” • Language in § 60.2145(x)(1)(iii), § 60.2165(r)(1)(iii), § 60.2710(x)(1)(iii) and § 60.2730(r)(1)(iii) was revised to clarify the PM continuous parameter monitoring system (CPMS) detection limit. The phrase “of no greater than” was changed to “increments no greater than”. • Provisions for PM CPMS in both subparts were revised to also clarify the output signals from digital monitoring devices and remove “lb/Mmbtu” typographical errors. • The reference in § 60.2165(q)(1) was changed from “§ 60.2675” to “§ 60.2140”. • Text in § 60.2165(q)(3) was corrected from “. . . paragraph (q)(4) or this section . . .” to “. . . paragraph (q)(4) of this section . . .”. • The title of 40 CFR part 60, subpart CCCC Table 1 was revised to clarify that these emission limits apply to incinerators that were subject to the 2000 CISWI rule provisions. • The dates paragraphs (a)(1) and (2) of § 60.2535 from the 2000 CISWI rule were omitted in the current CFR version of the rule, and have been reinserted. • Added text in § 60.2525(b) and § 60.2535(b) to clarify applicability for incinerators and air curtain incinerators that were reconstructed or modified on or after June 1, 2001, but no later than August 7, 2013. • Revised the language of § 60.2550(b) to reflect the August 7, 2013 date for purposes of applicability with 40 CFR part 60, subpart CCCC. • The text “over 10 MMBtu/hr but less than 250 MMBtu/hr annual average heat input rates” was added to § 60.2730(m) for clarification and consistency. • The definition of chemical recovery unit in § 60.2265 was revised to be consistent with the definition provided in § 60.2875. The following text was added: “A chemical recovery unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart.” • Clarifying language was added to the HCl row of 40 CFR part 60, subpart DDDD Table 8. Compliance method text was changed from “. . . if a wet scrubber is not used” to “. . . if a wet scrubber or dry scrubber is not used.” • Text in § 60.2165(o) was corrected from “. . . you must use a continuous automated sampling system. . .” to “. . . you may substitute use of a continuous automated sampling system for the carbon monoxide annual performance test.” • Revise the definition of “Oxygen trim system” to include draft controller and to clarify that it is a system that maintains the desired excess air level over the operating load range. • Revise the definition of “Reconstruction” in both subparts to reflect the correct criterion that reconstruction begins on or after August 7, 2013. • Renumbered equations in 40 CFR part 60, subpart DDDD to be in sequence within the subpart instead of being a continuation with 40 CFR part 60, subpart CCCC. • Revised paragraphs §§ 60.2030(c), 60.2210(h), 60.2220(d), 60.2235, 60.2770(h), 60.2780(d) and 60.2795 to reflect the most recent electronic reporting guidance available and to further clarify reporting requirements. 3. Clarifications Since publication of the February 7, 2013 final CISWI rule, the EPA has received some stakeholder questions and requests for clarification on certain rule provisions. We are not proposing regulatory language changes for the following items, but are providing some clarification to these questions: • Mass balance as operating limits for units without certain control devices—A stakeholder has asked for clarification on whether a mass balance could be used as an operating parameter, and whether this must be measured as a 30-day rolling average instead of taking a monthly sample. Furthermore, the stakeholder also asked whether the material balance allows them to waive annual stack testing. The EPA disagrees that mass balance operating parameters replace annual stack testing. Stack testing and operating parameters work in tandem to ensure ongoing compliance with the standards. We do, however, accept that mass balance could be an allowable operating parameter in cases where no control device is needed to meet the pollutant's specific emission limit applicable to the unit. We also point out that any source may request a different averaging time that is appropriate for their source and operating parameter as provided for in 40 CFR 60.2115. • Clarification on who the “EPA Administrator” is and who to contact for requests for averaging times, qualifying facility notifications, etc. We have received questions on how to contact the Administrator to submit notifications, reports and requests. The contact information is given in the General Provisions, under 40 CFR 60.4, and has addresses listed by EPA Regional Offices. E. Environmental, Energy and Economic Impacts Today's action requests comment on some provisions and makes technical and clarifying corrections, but does not propose substantive changes to the February 7, 2013, final CISWI rule (78 FR 9112). As such, there are no environmental, energy or economic impacts associated with today's proposed action. The impacts associated with the CISWI rule were discussed in detail in the February 7, 2013, final CISWI rule document. F. Affirmative Defense for Violation of Emission Standards During Malfunction In several prior CAA section 112 and CAA section 129 rules, including this rule, the EPA included an affirmative defense to civil penalties for violations caused by malfunctions in an effort to create a system that incorporates some flexibility, recognizing that there is a tension, inherent in many types of air regulation, to ensure adequate compliance while simultaneously recognizing that despite the most diligent of efforts, emission standards may be violated under circumstances entirely beyond the control of the source. Although the EPA recognized that its case-by-case enforcement discretion provides sufficient flexibility in these circumstances, it included the affirmative defense to provide a more formalized approach and more regulatory clarity. See Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1057-58 (D.C. Cir. 1978) (holding that an informal case-by-case enforcement discretion approach is adequate); but see Marathon Oil Co. v. EPA, 564 F.2d 1253, 1272-73 (9th Cir. 1977) (requiring a more formalized approach to consideration of “upsets beyond the control of the permit holder.”). Under the EPA's regulatory affirmative defense provisions, if a source could demonstrate in a judicial or administrative proceeding that it had met the requirements of the affirmative defense in the regulation, civil penalties would not be assessed. Recently, the United States Court of Appeals for the District of Columbia Circuit vacated an affirmative defense in one of the EPA's CAA section 112 regulations. NRDC v. EPA, 749 F.3d 1055 (D.C. Cir., 2014) (vacating affirmative defense provisions in CAA section 112 rule establishing emission standards for Portland cement kilns). The Court found that the EPA lacked authority to establish an affirmative defense for private civil suits and held that under the CAA, the authority to determine civil penalty amounts in such cases lies exclusively with the courts, not the EPA. Specifically, the Court found: “As the language of the statute makes clear, the courts determine, on a case-by-case basis, whether civil penalties are `appropriate.'” See NRDC, 2014 U.S. App. LEXIS 7281 at *21 (“[U]nder this statute, deciding whether penalties are `appropriate' . . . is a job for the courts, not EPA.”). In light of NRDC, the EPA is proposing to remove the regulatory affirmative defense provision in the current rule. In the event that a source fails to comply with the applicable CAA section 129 standards as a result of a malfunction event, the EPA would determine an appropriate response based on, among other things, the good faith efforts of the source to minimize emissions during malfunction periods, including preventative and corrective actions, as well as root cause analyses to ascertain and rectify excess emissions. The EPA would also consider whether the source's failure to comply with the CAA section 129 standard was, in fact, “sudden, infrequent, not reasonably preventable” and was not instead “caused in part by poor maintenance or careless operation.” 40 CFR 60.2 (definition of malfunction). Further, to the extent the EPA files an enforcement action against a source for violation of an emission standard, the source can raise any and all defenses in that enforcement action and the federal district court will determine what, if any, relief is appropriate. The same is true for citizen enforcement actions. Cf. NRDC at 1064 (arguments that violations were caused by unavoidable technology failure can be made to the courts in future civil cases when the issue arises). Similarly, the presiding officer in an administrative proceeding can consider any defense raised and determine whether administrative penalties are appropriate. II Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act This action does not impose an information collection burden under the PRA. This action is believed to result in no changes to the information collection requirements of the February 2013 final CISWI rule, so that the information collection estimate of project cost and hour burden from the final CISWI rule have not been revised. However, the Office of Managment and Budget (OMB) has previously approved the information collection activities contained in the existing regulations (40 CFR part 60, subparts CCCC and DDDD) under the provisions of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501, et seq., and EPA Information Collection Request (ICR) number 2384.05 for subpart CCCC, 40 CFR part 60 and EPA ICR number 2385.05 for subpart DDDD have been assigned. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act (APA) or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. (SISNOSE). Small entities include small businesses, small organizations and small governmental jurisdictions. For purposes of assessing the impacts of this action on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field. After considering the economic impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This proposed rule will not impose any new requirements on any entities because it does not impose any additional regulatory requirements relative to those specified in the February 2013 final CISWI rule. The February 2013 final CISWI rule was certified as not having a significant economic impact on a substantial number of small entities. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This rule proposes amendments to the February 2013 final CISWI rule provisions, but they are mainly clarifications to existing rule language to aid in implementation, or are being made to maintain consistency with other, more recent, regulatory actions. Therefore, the action imposes no enforceable duty on any state, local or tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 or 205 of UMRA. This action seeks comment on specific aspects of the final rule for CISWI units and proposes minor changes to the rule to correct and clarify implementation issues raised by stakeholders. 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, (65 FR 67249; November 9, 2000). The EPA is not aware of any CISWI in Indian country or owned or operated by Indian tribal governments. The CISWI aspects of this rule may, however, invoke minor indirect tribal implications to the extent that entities generating solid wastes on tribal lands could be affected. Thus, Executive Order 13175 does not apply to this action. The EPA specifically solicits additional comment on this proposed action from tribal officials. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations 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 Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. The proposed corrections do not relax the control measures on sources regulated by the February 2013 final 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 toxics emitted from this source, thereby helping to further ensure against any disproportionately high and adverse human health or environmental effects on minority or low-income populations. List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances. Dated: December 1, 2014. Gina McCarthy, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend title 40, chapter I, of the Code of Federal Regulations as follows: PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 1. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 2. Part 60 is amended by revising subpart CCCC to read as follows: Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Sec. Introduction 60.2000 What does this subpart do? 60.2005 When does this subpart become effective? Applicability 60.2010 Does this subpart apply to my incineration unit? 60.2015 What is a new incineration unit? 60.2020 What combustion units are exempt from this subpart? 60.2030 Who implements and enforces this subpart? 60.2035 How are these new source performance standards structured? 60.2040 Do all eleven components of these new source performance standards apply at the same time? Preconstruction Siting Analysis 60.2045 Who must prepare a siting analysis? 60.2050 What is a siting analysis? Waste Management Plan 60.2055 What is a waste management plan? 60.2060 When must I submit my waste management plan? 60.2065 What should I include in my waste management plan? Operator Training and Qualification 60.2070 What are the operator training and qualification requirements? 60.2075 When must the operator training course be completed? 60.2080 How do I obtain my operator qualification? 60.2085 How do I maintain my operator qualification? 60.2090 How do I renew my lapsed operator qualification? 60.2095 What site-specific documentation is required? 60.2100 What if all the qualified operators are temporarily not accessible? Emission Limitations and Operating Limits 60.2105 What emission limitations must I meet and by when? 60.2110 What operating limits must I meet and by when? 60.2115 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 60.2125 How do I conduct the initial and annual performance test? 60.2130 How are the performance test data used? Initial Compliance Requirements 60.2135 How do I demonstrate initial compliance with the emission limitations and establish the operating limits? 60.2140 By what date must I conduct the initial performance test? 60.2141 By what date must I conduct the initial air pollution control device inspection? Continuous Compliance Requirements 60.2145 How do I demonstrate continuous compliance with the emission limitations and the operating limits? 60.2150 By what date must I conduct the annual performance test? 60.2151 By what date must I conduct the annual air pollution control device inspection? 60.2155 May I conduct performance testing less often? 60.2160 May I conduct a repeat performance test to establish new operating limits? Monitoring 60.2165 What monitoring equipment must I install and what parameters must I monitor? 60.2170 Is there a minimum amount of monitoring data I must obtain? Recordkeeping and Reporting 60.2175 What records must I keep? 60.2180 Where and in what format must I keep my records? 60.2185 What reports must I submit? 60.2190 What must I submit prior to commencing construction? 60.2195 What information must I submit prior to initial startup? 60.2200 What information must I submit following my initial performance test? 60.2205 When must I submit my annual report? 60.2210 What information must I include in my annual report? 60.2215 What else must I report if I have a deviation from the operating limits or the emission limitations? 60.2220 What must I include in the deviation report? 60.2225 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? 60.2230 Are there any other notifications or reports that I must submit? 60.2235 In what form can I submit my reports? 60.2240 Can reporting dates be changed? Title V Operating Permits 60.2242 Am I required to apply for and obtain a Title V operating permit for my unit? Air Curtain Incinerators 60.2245 What is an air curtain incinerator? 60.2250 What are the emission limitations for air curtain incinerators? 60.2255 How must I monitor opacity for air curtain incinerators? 60.2260 What are the recordkeeping and reporting requirements for air curtain incinerators? Definitions 60.2265 What definitions must I know? Tables to Subpart CCCC Table 1 to Subpart CCCC of Part 60—Emission Limitations for CISWI Units for Which Construction is Commenced After November 30, 1999, But no Later Than June 4, 2010, or for Which Modification or Reconstruction is Commenced on or After June 1, 2001, But no Later Than August 7, 2013 Table 2 to Subpart CCCC of Part 60—Operating Limits for Wet Scrubbers Table 3 to Subpart CCCC of Part 60—Toxic Equivalency Factors Table 4 to Subpart CCCC of Part 60—Summary of Reporting Requirements Table 5 to Subpart CCCC of Part 60—Emission Limitations for Incinerators That Commenced Construction After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013 Table 6 to Subpart CCCC of Part 60—Emission Limitations for Energy Recovery Units That Commenced Construction After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013 Table 7 to Subpart CCCC of Part 60—Emission Limitations for Waste-burning Kilns That Commenced Construction After June 4, 2010, or Reconstruction or Modification After August 7, 2013 Table 8 to Subpart CCCC of Part 60—Emission Limitations for Small, Remote Incinerators That Commenced Construction After June 4, 2010, Or That Commenced Reconstruction or Modification After August 7, 2013 Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Introduction § 60.2000 What does this subpart do? This subpart establishes new source performance standards for commercial and industrial solid waste incineration (CISWI) units. § 60.2005 When does this subpart become effective? This subpart takes effect on August 7, 2013. Some of the requirements in this subpart apply to planning the CISWI unit ( i.e., the preconstruction requirements in §§ 60.2045 and 60.2050). Other requirements such as the emission limitations and operating limits apply after the CISWI unit begins operation. Applicability § 60.2010 Does this subpart apply to my incineration unit? Yes, if your incineration unit meets all the requirements specified in paragraphs (a) through (c) of this section. (a) Your incineration unit is a new incineration unit as defined in § 60.2015. (b) Your incineration unit is a CISWI unit as defined in § 60.2265. (c) Your incineration unit is not exempt under § 60.2020. § 60.2015 What is a new incineration unit? (a) A new incineration unit is an incineration unit that meets any of the criteria specified in paragraph (a)(1) through (a)(3) of this section. (1) A CISWI unit that commenced construction after June 4, 2010. (2) A CISWI unit that commenced reconstruction or modification after August 7, 2013. (3) Incinerators and air curtain incinerators, as defined in this subpart, that commenced construction after November 30, 1999, but no later than June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001, but no later than August 7, 2013, are considered new incineration units and remain subject to the applicable requirements of this subpart until the units become subject to the requirements of an approved state plan or federal plan that implements subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). (b) This subpart does not affect your CISWI unit if you make physical or operational changes to your incineration unit primarily to comply with subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). Such changes do not qualify as reconstruction or modification under this subpart. § 60.2020 What combustion units are exempt from this subpart? This subpart exempts the types of units described in paragraphs (a), (c) through (i) and (n) of this section, but some units are required to provide notifications. Air curtain incinerators are exempt from the requirements in this subpart except for the provisions in §§ 60.2242, 60.2250, and 60.2260. (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 § 60.2265 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section. (1) Notify the Administrator that the unit meets these criteria. (2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. (b) [Reserved] (c) Municipal waste combustion units. Incineration units that are subject to subpart Ea of this part (Standards of Performance for Municipal Waste Combustors); subpart Eb of this part (Standards of Performance for Large Municipal Waste Combustors); subpart Cb of this part (Emission Guidelines and Compliance Time for Large Municipal Combustors); subpart AAAA of this part (Standards of Performance for Small Municipal Waste Combustion Units); or subpart BBBB of this part (Emission Guidelines for Small Municipal Waste Combustion Units). (d) Medical waste incineration units. Incineration units regulated under subpart Ec of this part (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or subpart Ce of this part (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators). (e) Small power production facilities. Units that meet the three requirements specified in paragraphs (e)(1) through (4) of this section. (1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)). (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity. (3) You submit documentation to the Administrator notifying the EPA that the qualifying small power production facility is combusting homogenous waste. (4) You maintain the records specified in § 60.2175(w). (f) Cogeneration facilities. Units that meet the three requirements specified in paragraphs (f)(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 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 § 60.2175(x). (g) Hazardous waste combustion units. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act. (h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. (i) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in paragraphs (i)(1) through (3) of this section are only required to meet the requirements under § 60.2242 and under “Air Curtain Incinerators” (§§ 60.2245 through 60.2260). (1) 100 percent wood waste. (2) 100 percent clean lumber. (3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste. (j)-(l) [Reserved] (m) Sewage treatment plants. Incineration units regulated under subpart O of this part (Standards of Performance for Sewage Treatment Plants). (n) Sewage sludge incineration units. Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to subpart LLLL of this part (Standards of Performance for Sewage Sludge Incineration Units) or subpart MMMM of this part (Emission Guidelines for Sewage Sludge Incineration Units). (o) Other solid waste incineration units. Incineration units that are subject to subpart EEEE of this part (Standards of Performance for Other Solid Waste Incineration Units) or subpart FFFF of this part (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units). § 60.2030 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as your state, local, or tribal agency. If the EPA Administrator has delegated authority to your state, local, or tribal agency, then that agency (as well as EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated to your state, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the state, local, or tribal agency. (c) The authorities that will not be delegated to state, local, or tribal agencies are specified in paragraphs (c)(1) through (4) and (c)(6) through (11) of this section. (1) Approval of alternatives to the emission limitations in table 1 of this subpart and operating limits established under § 60.2110. (2) Approval of major alternatives to test methods. (3) Approval of major alternatives to monitoring. (4) Approval of major alternatives to recordkeeping and reporting. (5) [Reserved] (6) The requirements in § 60.2115. (7) The requirements in § 60.2100(b)(2). (8) Approval of alternative opacity emission limits in § 60.2105 under § 60.11(e)(6) through (e)(8). (9) Performance test and data reduction waivers under § 60.2125(j), § 60.8(b)(4) and (5). (10) Determination of whether a qualifying small power production facility or cogeneration facility under § 60.2020(e) or (f) is combusting homogenous waste. (11) Approval of an alternative to any electronic reporting to the EPA required by this subpart. § 60.2035 How are these new source performance standards structured? These new source performance standards contain the eleven major components listed in paragraphs (a) through (k) of this section. (a) Preconstruction siting analysis. (b) Waste management plan. (c) Operator training and qualification. (d) Emission limitations and operating limits. (e) Performance testing. (f) Initial compliance requirements. (g) Continuous compliance requirements. (h) Monitoring. (i) Recordkeeping and reporting. (j) Definitions. (k) Tables. § 60.2040 Do all eleven components of these new source performance standards apply at the same time? No. You must meet the preconstruction siting analysis and waste management plan requirements before you commence construction of the CISWI unit. The operator training and qualification, emission limitations, operating limits, performance testing and compliance, monitoring, and most recordkeeping and reporting requirements are met after the CISWI unit begins operation. Preconstruction Siting Analysis § 60.2045 Who must prepare a siting analysis? (a) You must prepare a siting analysis if you plan to commence construction of an incinerator after December 1, 2000. (b) You must prepare a siting analysis for CISWI units that commenced construction after June 4, 2010, or that commenced reconstruction or modification after August 7, 2013. (c) You must prepare a siting analysis if you are required to submit an initial application for a construction permit under 40 CFR part 51, subpart I, or 40 CFR part 52, as applicable, for the reconstruction or modification of your CISWI unit. § 60.2050 What is a siting analysis? (a) The siting analysis must consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to public health or the environment. In considering such alternatives, the analysis may consider costs, energy impacts, nonair environmental impacts, or any other factors related to the practicability of the alternatives. (b) Analyses of your CISWI unit's impacts that are prepared to comply with state, local, or other federal regulatory requirements may be used to satisfy the requirements of this section, provided they include the consideration of air pollution control alternatives specified in paragraph (a) of this section. (c) You must complete and submit the siting requirements of this section as required under § 60.2190(c) prior to commencing construction. Waste Management Plan § 60.2055 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. § 60.2060 When must I submit my waste management plan? (a) You must submit a waste management plan prior to commencing construction. (b) For CISWI units that commence reconstruction or modification after August 7, 2013, you must submit a waste management plan prior to the commencement of modification or reconstruction. § 60.2065 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 implement those measures the source considers practical and feasible, considering 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 § 60.2070 What are the operator training and qualification requirements? (a) No CISWI unit can be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within 1 hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you must follow the procedures in § 60.2100. (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 (if applicable). (vi) Inspection and maintenance of the incinerator and air pollution control devices. (vii) Actions to prevent and correct malfunctions or to prevent conditions that may lead to malfunctions. (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 may serve as reference material following completion of the course. § 60.2075 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) Six months after your CISWI unit startup. (b) December 3, 2001. (c) The date before an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit. § 60.2080 How do I obtain my operator qualification? (a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 60.2070(b). (b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 60.2070(c)(2). § 60.2085 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) Prevention and correction of malfunctions or conditions that may lead to malfunction. (e) Discussion of operating problems encountered by attendees. § 60.2090 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 § 60.2085. (b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 60.2080(a). § 60.2095 What site-specific documentation is required? (a) Documentation must be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in paragraphs (a)(1) through (10) of this section. You must maintain this information and the training records required by paragraph (c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request. (1) Summary of the applicable standards under this subpart. (2) Procedures for receiving, handling, and charging waste. (3) Incinerator startup, shutdown, and malfunction procedures. (4) Procedures for maintaining proper combustion air supply levels. (5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart. (6) Monitoring procedures for demonstrating compliance with the incinerator operating limits. (7) Reporting and recordkeeping procedures. (8) The waste management plan required under §§ 60.2055 through 60.2065. (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 incinerator operator. (1) The initial review of the information listed in paragraph (a) of this section must be conducted within 6 months after the effective date of this subpart or prior to an employee's assumption of responsibilities for operation of the CISWI unit, whichever date is later. (2) Subsequent annual reviews of the information listed in paragraph (a) of this section must be conducted not 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 CISWI unit operators who have completed review of the information in § 60.2095(a) as required by § 60.2095(b), including the date of the initial review and all subsequent annual reviews. (2) Records showing the names of the CISWI operators who have completed the operator training requirements under § 60.2070, met the criteria for qualification under § 60.2080, and maintained or renewed their qualification under § 60.2085 or § 60.2090. Records must include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications. (3) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours. § 60.2100 What if all the qualified operators are temporarily not accessible? If all qualified operators are temporarily not accessible ( i.e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs (a) and (b) of this section, depending on the length of time that a qualified operator is not accessible. (a) When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in § 60.2095(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 § 60.2210. (b) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in paragraphs (b)(1) and (2) of this section. (1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible. (2) Submit a status report to the Administrator every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible and requesting approval from the Administrator to continue operation of the CISWI unit. You must submit the first status report 4 weeks after you notify the Administrator of the deviation under paragraph (b)(1) of this section. If the Administrator notifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in paragraphs (b)(2)(i) and (ii) of this section. (i) A qualified operator is accessible as required under § 60.2070(a). (ii) You notify the Administrator that a qualified operator is accessible and that you are resuming operation. Emission Limitations and Operating Limits § 60.2105 What emission limitations must I meet and by when? (a) You must meet the emission limitations for each CISWI unit, including bypass stack or vent, specified in table 1 of this subpart or tables 5 through 8 of this subpart by the applicable date in § 60.2140. You must be in compliance with the emission limitations of this subpart that apply to you at all times. (b) An incinerator or air curtain incinerator that commenced construction after November 30, 1999, but no later than June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001 but no later than August 7, 2013, must continue to meet the emission limits in table 1 of this subpart for units in the incinerator subcategory and § 60.2250 of this subpart for air curtain incinerators until the units become subject to the requirements of an approved state plan or federal plan that implements subpart DDDD of this part (Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units). § 60.2110 What operating limits must I meet and by when? (a) If you use a wet scrubber(s) to comply with the emission limitations, you must establish operating limits for up to four operating parameters (as specified in table 2 of this subpart) as described in paragraphs (a)(1) through (4) of this section during the initial performance test. (1) Maximum charge rate, calculated using one of the two different procedures in paragraph (a)(1)(i) or (ii), 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 liquid flow rate, which is calculated as the lowest 1-hour average liquid 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 HCl emission limitation. (b) You must meet the operating limits established during the initial performance test 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup. (c) If you use a fabric filter to comply with the emission limitations, you must operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action. (d) If you use an electrostatic precipitator to comply with the emission limitations, 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 × secondary current = secondary electric power) for each test run. The operating limit for the electrostatic precipitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. (e) If you use activated carbon sorbent injection to comply with the emission limitations, you must measure the sorbent flow rate during the performance testing. The operating limit for the carbon sorbent injection is calculated as the lowest 1-hour average sorbent flow rate measured during the most recent performance test demonstrating compliance with the mercury emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate ( e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (f) If you use selective noncatalytic reduction to comply with the emission limitations, you must measure the charge rate, the secondary chamber temperature (if applicable to your CISWI unit), and the reagent flow rate during the nitrogen oxides performance testing. The operating limits for the selective noncatalytic reduction are calculated as the highest 1-hour average charge rate, lower 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, 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 or each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate ( e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (h) If you do not use a wet scrubber, electrostatic precipitator, or fabric filter to comply with the emission limitations, and if you do not determine compliance with your particulate matter emission limitation with a particulate matter CEMS, you must maintain opacity to less than or equal to 10 percent opacity (1-hour block average). (i) If you use a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (i)(1) through (5) of this section. (1) Determine your operating limit as the average PM CPMS output value recorded during the performance test or at a PM CPMS output value corresponding to 75 percent of the emission limit if your PM performance test demonstrates compliance below 75 percent of the emission limit. You must verify an existing or establish a new operating limit after each repeated performance test. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (i) Your PM CPMS must provide a 4-20 milliamp output, or digital equivalent, and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps. (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. (iii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp or digital, output values from the PM CPMS for the periods corresponding to the compliance test runs ( e.g., average all your PM CPMS output values for three corresponding 2-hour Method 5I test runs). (2) If the average of your three PM performance test runs are below 75 percent of your PM emission limit, you must calculate an operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS output values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 or performance test with the procedures in (i)(1)through (5) of this section. (i) Determine your instrument zero output with one of the following procedures: (A) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench. (B) Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air. (C) The zero point can also can be established obtained by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations ( e.g., when your process is not operating, but the fans are operating or your source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept. (D) If none of the steps in paragraphs (i)(2)(i)(A) through (i)(2)(i)(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. EP21JA15.008 Where: X 1 = the PM CPMS output data points for the three runs constituting the performance test, Y 1 = 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. EP21JA15.009 Where: R = the relative mg/dscm per milliamp or digital equivalent for your PM CPMS, Y 1 = the three run average mg/dscm PM concentration, X 1 = the three run average milliamp or digital signal output from you PM CPMS, and z = the milliamp or digital signal equivalent of your instrument zero determined from (2)(i). (iv) Determine your source specific 30-day rolling average operating limit using the mg/dscm per milliamp or digital value from equation 2 in equation 3, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit. EP21JA15.010 Where: O l = 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 the digital equivalent, determined from (2)(i), and R = the relative mg/dscm per milliamp or digital signal output equivalent for your PM CPMS, from equation 2. (3) If the average of your three PM compliance test runs is at or above 75 percent of your PM emission limit you must determine your operating limit by averaging the PM CPMS milliamp or digital signal output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using equation 4 and you must submit all compliance test and PM CPMS data according to the reporting requirements in paragraph (i)(5) of this section. EP21JA15.011 Where: X 1 = the PM CPMS data points for all runs i, n = the number of data points, and O h = 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. § 60.2115 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 material balances, to comply with the emission limitations under § 60.2105, you must petition the EPA Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You must submit the petition at least sixty days before the performance test is scheduled to begin. Your petition must include the five items listed in paragraphs (a) through (e) of this section. (a) Identification of the specific parameters you propose to use as additional operating limits. (b) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of regulated pollutants. (c) A discussion of how you will establish the upper and/or lower values for these parameters which will establish the operating limits on these parameters. (d) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments. (e) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters. Performance Testing § 60.2125 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 § 60.2175(b)(1)) and the types of waste burned during the performance test. (c) All performance tests must be conducted using the minimum run duration specified in table 1 of this subpart or tables 5 through 8 of this subpart. (d) Method 1 of appendix A of this part must be used to select the sampling location and number of traverse points. (e) Method 3A or 3B of appendix A of this part must be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B of appendix A of this part must be used simultaneously with each method. (f) All pollutant concentrations, except for opacity, must be adjusted to 7 percent oxygen using equation 5 of this section: EP21JA15.012 Where: C adj = pollutant concentration adjusted to 7 percent oxygen; C meas = pollutant concentration measured on a dry basis; (20.9-7) = 20.9 percent oxygen−7 percent oxygen (defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; and %O 2 = 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-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A-7. (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.) (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer measured in accordance with paragraph (g)(1) and (2) of this section, multiply the isomer concentration by its corresponding toxic equivalency factor specified in table 3 of this subpart. (4) Sum the products calculated in accordance with paragraph (g)(3) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be used to determine compliance with the fugitive ash emission limit in table 1 of this subpart or tables 5 through 8 of this subpart. (i) If you have an applicable opacity operating limit, you must determine compliance with the opacity limit using Method 9 at 40 CFR part 60, appendix A-4 of this part, 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 §§ 60.2145 and 60.2165. (j) You must determine dioxins/furans total mass basis by following the procedures in paragraphs (j)(1) through (3) of this section. (1) Measure the concentration of each dioxin/furan tetra-through octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A-7. (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.) (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. § 60.2130 How are the performance test data used? You use results of performance tests to demonstrate compliance with the emission limitations in table 1 of this subpart or tables 5 through 8 of this subpart. Initial Compliance Requirements § 60.2135 How do I demonstrate initial compliance with the emission limitations and establish the operating limits? You must conduct a performance test, as required under §§ 60.2125 and 60.2105 to determine compliance with the emission limitations in table 1 of this subpart or tables 5 through 8 of this subpart, to establish compliance with any opacity operating limit in § 60.2110, to establish the kiln-specific emission limit in § 60.2145(y), as applicable, and to establish operating limits using the procedures in §§ 60.2110 or 60.2115. The performance test must be conducted using the test methods listed in table 1 of this subpart or tables 5 through 8 of this subpart and the procedures in § 60.2125. The use of the bypass stack during a performance test shall invalidate the performance test. You must conduct a performance evaluation of each continuous monitoring system within 60 days of installation of the monitoring system. § 60.2140 By what date must I conduct the initial performance test? (a) The initial performance test must be conducted within 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup. (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 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 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 that solid waste. § 60.2141 By what date must I conduct the initial air pollution control device inspection? (a) The initial air pollution control device inspection must be conducted within 60 days after installation of the control device and the associated CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after the device's initial startup. (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 § 60.2145 How do I demonstrate continuous compliance with the emission limitations and the operating limits? (a) Compliance with standards. (1) The emission standards and operating requirements set forth in this subpart apply at all times. (2) If you cease combusting solid waste, you may opt to remain subject to the provisions of this subpart. Consistent with the definition of CISWI unit, you are subject to the requirements of this subpart at least 6 months following the last date of solid waste combustion. Solid waste combustion is ceased when solid waste is not in the combustion chamber ( i.e., the solid waste feed to the combustor has been cut off for a period of time not less than the solid waste residence time). (3) If you cease combusting solid waste, you must be in compliance with any newly applicable standards on the effective date of the waste-to-fuel switch. The effective date of the waste-to-fuel switch is a date selected by you, that must be at least 6 months from the date that you ceased combusting solid waste, consistent with § 60.2145(a)(2). Your source must remain in compliance with this subpart until the effective date of the waste-to-fuel switch. (4) If you own or operate an existing commercial or industrial combustion unit that combusted a fuel or non-waste material, and you commence or recommence combustion of solid waste, you are subject to the provisions of this subpart as of the first day you introduce or reintroduce solid waste to the combustion chamber, and this date constitutes the effective date of the fuel-to-waste switch. You must complete all initial compliance demonstrations for any section 112 standards that are applicable to your facility before you commence or recommence combustion of solid waste. You must provide 30 days prior notice of the effective date of the waste-to-fuel switch. The notification must identify: (i) The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice; (ii) The currently applicable subcategory under this subpart, and any 40 CFR part 63 subpart and subcategory that will be applicable after you cease combusting solid waste; (iii) The fuel(s), non-waste material(s) and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non-waste materials the unit will commence combusting; (iv) The date on which you became subject to the currently applicable emission limits; (v) The date upon which you will cease combusting solid waste, and the date (if different) that you intend for any new requirements to become applicable ( i.e., the effective date of the waste-to-fuel switch), consistent with paragraphs (a)(2) and (3)of this section. (5) All air pollution control equipment necessary for compliance with any newly applicable emissions limits which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-to-fuel, or fuel-to-waste switch. (6) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-to-fuel, or fuel-to-waste switch. All calibration and drift checks must be performed as of the effective date of the waste-to-fuel, or fuel-to-waste switch. Relative accuracy tests must be performed as of the performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate continuous compliance with the particulate matter emission limits). Relative accuracy testing for other CEMS need not be repeated if that testing was previously performed consistent with Clean Air Act section 112 monitoring requirements or monitoring requirements under this subpart. (b) You must conduct an annual performance test for the pollutants listed in table 1 of this subpart or tables 5 through 8 of this subpart and opacity for each CISWI unit as required under § 60.2125. The annual performance test must be conducted using the test methods listed in table 1 of this subpart or tables 5 through 8 of this subpart and the procedures in § 60.2125. 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 § 60.2110 or established under § 60.2115 and as specified in § 60.2170. Use 3-hour block average values to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under § 60.2115 or, for energy recovery units, where the averaging time for each operating parameter is a 30-day rolling, 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 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 energy recovery units) and operating limits during the performance test. (e) For energy recovery units, incinerators, and small remote units, you must perform an annual visual emissions test for ash handling. (f) For energy recovery units, you must conduct an annual performance test for opacity (except where particulate matter CEMS or continuous opacity monitoring systems are used are used) and the pollutants listed in table 6 of this subpart. (g) You may elect to demonstrate continuous compliance with the carbon monoxide emission limit using a carbon monoxide CEMS according to the following requirements: (1) You must measure emissions according to § 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must demonstrate initial compliance with the carbon monoxide emissions limit using a 30-day rolling average of these 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of this part. (2) Operate the carbon monoxide CEMS in accordance with the requirements of performance specification 4A of appendix B of this part and quality assurance procedure 1 of appendix F of this part. (h) Coal and liquid/gas energy recovery units with average annual heat input rates greater than or equal to 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 § 60.2165(n) instead of the particulate matter continuous parameter monitoring system (CPMS) specified in § 60.2145. 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 § 60.2165(n) instead of particulate matter testing with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, the continuous opacity monitoring requirements in paragraph (i) of this section. (i) For energy recovery units with annual average heat input rates greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you must install, operate, certify and maintain a continuous opacity monitoring system (COMS) according to the procedures in § 60.2165. (j) For waste-burning kilns, you must conduct an annual performance test for cadmium, lead, dioxins/furans and hydrogen chloride as listed in table 7 of this subpart. You must determine compliance with hydrogen chloride using a hydrogen chloride CEMS if you do not use an acid gas wet scrubber or dry scrubber. You must determine compliance with nitrogen oxides, sulfur dioxide, and carbon monoxide using CEMS. You must determine compliance with particulate matter using CPMS. You must determine compliance with the mercury emissions limit using a mercury CEMS according to the following requirements: (1) Operate a CEMS system in accordance with performance specification 12A of 40 CFR part 60, appendix B or a sorbent trap based integrated monitor in accordance with performance specification 12B of 40 CFR part 60, appendix B. The duration of the performance test must be a calendar month. For each calendar month in which the waste-burning kiln operates, hourly mercury concentration data, and stack gas volumetric flow rate data must be obtained. You must demonstrate compliance with the mercury emissions limit using a 30-day rolling average of these 1-hour mercury concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of this part. 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. (2) Owners or operators using a mercury CEMS must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the mercury mass emissions rate to the atmosphere according to the requirements of performance specifications 6 and 12A of 40 CFR part 60, appendix B, and quality assurance procedure 6 of 40 CFR part 60, appendix F. (3) The owner or operator of a waste-burning kiln must demonstrate initial compliance by operating a mercury CEMS while the raw mill of the in-line kiln/raw mill is operating under normal conditions and including at least one period when the raw mill is off. (k) If you use an air pollution control device to meet the emission limitations in this subpart, you must conduct an initial and annual inspection of the air pollution control device. The inspection must include, at a minimum, the following: (1) Inspect air pollution control device(s) for proper operation. (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 § 60.13(i). (l) For each continuous monitoring system 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 § 60.11(d). (v) Ongoing data quality assurance procedures in accordance with the general requirements of § 60.13. (vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 60.7(b), (c), (c)(1), (c)(4), (d), (e), (f), and (g). (2) You must conduct a performance evaluation of each continuous monitoring system in accordance with your site-specific monitoring plan. (3) You must operate and maintain the continuous monitoring system in continuous operation according to the site-specific monitoring plan. (m) If you have an operating limit that requires the use of a flow monitoring system, you must meet the requirements in paragraphs (l) and (m)(1) through (4) of this section. (1) Install the flow sensor and other necessary equipment in a position that provides a representative flow. (2) Use a flow sensor with a measurement sensitivity at full scale of no greater than 2 percent. (3) Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (4) Conduct a flow monitoring system performance evaluation in accordance with your monitoring plan at the ti [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2014-29568. Public record. Not legal advice.