Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

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

RIN 2060-AT28

Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

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

DATES:

Comments.

Comments must be received on or before February 27, 2017.

Public Hearing.

A public hearing will be held if requested by January 17, 2017.

ADDRESSES:

Comments.

Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2016-0664 at

http://www.regulations.gov.

Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from

Regulations.gov

. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (

i.e.,

on the Web, Cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit

http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:

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

modak.nabanita@epa.gov.

SUPPLEMENTARY INFORMATION:

Docket.

The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2016-0664. All documents in the docket are listed in the

Regulations.gov

index. Although listed in the index, some information is not publicly available,

e.g.,

CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in

Regulations.gov

or in hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the EPA Docket Center is (202) 566-1742.

Instructions.

Direct your comments to Docket ID No. EPA-HQ-OAR-2016-0664. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at

http://www.regulations.gov,

including any personal information provided, unless the comment includes information claimed to be CBI or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through

http://www.regulations.gov

or email. The

http://www.regulations.gov

Web site is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through

http://www.regulations.gov,

your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters or any form of encryption and be free of any defects or viruses. For additional information about the EPA's public docket, visit the EPA Docket Center homepage at

http://www.epa.gov/dockets.

Public Hearing.

A public hearing will be held, if requested by January 17, 2017, to accept oral comments on this proposed action. If a hearing is requested, it will be held at the EPA WJC East Building, Room 1117A, located at 1201 Constitution Avenue NW., Washington, DC. The hearing, if requested, will begin at 9:00 a.m. (local time) and will conclude at 4:00 p.m. (local time) on January 30, 2017, or, January 26, 2017, whichever date is later. To request a hearing, to register to speak at a hearing, or to inquire if a hearing will be held, please contact Aimee St. Clair at (919) 541-1063 or by email at

stclair.aimee@epa.gov.

The last day to pre-register to speak at a hearing, if one is held, will be January 24, 2017. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk, although preferences on speaking times may not be able to be fulfilled. Please note that registration requests received before the hearing will be confirmed by the EPA via email.

The EPA will make every effort to accommodate all speakers who arrive and register. Because the hearing will be held at a U.S. governmental facility, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. Please note that the REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. If your driver's license is issued by Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of Washington, you must present an additional form of identification to enter the federal building. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver's licenses and military identification cards. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building and demonstrations will not be

allowed on federal property for security reasons.

Please note that any updates made to any aspect of the hearing, including whether or not a hearing will be held, will be posted online at

https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new.

We ask that you contact Aimee St. Clair at (919) 541-1063 or by email at

stclair.aimee@epa.gov

or monitor our Web site to determine if a hearing will be held. The EPA does not intend to publish a document in the

Federal Register

announcing any such updates. Please go to

https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new

for more information on the public hearing.

Acronyms and Abbreviations.

The following acronyms and abbreviations are used in this document.

AG Attorney General

CAA Clean Air Act

CBI Confidential business information

Cd Cadmium

CFR Code of Federal Regulations

CISWI Commercial and industrial solid waste incineration

CO Carbon monoxide

CPMS Continuous parameter monitoring system

dscm Dry standard cubic meter

EG Emission Guidelines

EPA U.S. Environmental Protection Agency

ERU Energy recovery unit

ESP Electrostatic precipitator

FF Fabric filter

HAP Hazardous air pollutants

HCl Hydrogen chloride

Hg Mercury

IBR Incorporation by reference

ICR Information collection request

MACT Maximum achievable control technology

mg/dscm Milligrams per dry standard cubic meter

NAICS North American Industrial Classification System

NESHAP National emission standards for hazardous air pollutants

ng/dscm Nanograms per dry standard cubic meter

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

PCB Hydrocarbons and polychlorinated biphenyls

PCDD Polychlorinated dibenzo-p-dioxins

PCDF Polychlorinated dibenzofurans

PM Particulate matter (filterable, unless otherwise specified)

PM

2.5

Particulate matter (diameter less than or equal to 2.5 micrometers)

ppm Parts per million

ppmv Parts per million by volume

ppmvd Parts per million by dry volume

PS Performance Specification

RCRA Resource Conservation and Recovery Act

RIN Regulatory Information Number

SO

2

Sulfur dioxide

The Court United States Court of Appeals for the District of Columbia Circuit

Tpy Tons per year

ug/dscm Micrograms per dry standard cubic meter

UMRA Unfunded Mandates Reform Act

U.S.C. United States Code

VCS Voluntary consensus standards

Organization of This Document.

The following outline is provided to aid in locating information in this preamble.

I. General Information

A. Does the proposed action apply to me?

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

II. Background Information

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

B. What is the purpose of this proposed rule?

C. What is the status of state plan submittals?

III. Affected Facilities

A. What is a CISWI unit?

B. Does the federal plan apply to me?

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

IV. Elements of the CISWI Federal Plan

A. Legal Authority and Enforcement Mechanism

B. Inventory of Affected CISWI Units

C. Inventory of Emissions

D. Compliance Schedules

E. Emissions Limits and Operating Limits

F. Operator Training and Qualification Requirements

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

H. Record of Public Hearings

I. Progress Reports

V. Summary of Proposed CISWI Federal Plan Requirements

A. What are the proposed applicability requirements?

B. What are the proposed compliance schedules?

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

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

E. What are the proposed recordkeeping and reporting requirements?

F. What are the other proposed requirements?

VI. CISWI Units That Have or Will Shut Down

A. Units That Plan to Close

B. Inoperable Units

C. CISWI Units That Have Shut Down

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

B. Mechanisms for Transferring Authority

C. Implementing Authority

D. Delegation of the Federal Plan and Retained Authorities

VIII. Title V Operating Permits

A. Title V and Delegation of a Federal Plan

IX. Statutory and Executive Order Reviews

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

B. Paperwork Reduction Act (PRA)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

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

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

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

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

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

I. General Information

A. Does the proposed action apply to me?

Regulated Entities.

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

Table 1—Examples of Potentially Regulated Entities

Category

NAICS

1

Code

Examples of potentially regulated entities

Any industrial or commercial facility using a solid waste incinerator

211, 212, 486

221

Mining; oil and gas exploration operations; pipeline operators.

Utility providers.

321, 322, 337

Manufacturers of wood products; manufacturers of pulp, paper and paperboard; manufacturers of furniture and related products.

325, 326

Manufacturers of chemicals and allied products; manufacturers of plastics and rubber products.

327

Manufacturers of cement; nonmetallic mineral product manufacturing.

333, 336

Manufacturers of machinery; manufacturers of transportation equipment.

423, 44

Merchant wholesalers, durable goods; retail trade.

1

North American Industrial Classification System.

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

FOR FURTHER INFORMATION CONTACT

section.

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

Submitting CBI.

Do not submit information that you consider to be CBI electronically through

http://www.regulations.gov

or email. For comments on the CISWI Federal Plan proposal, send or deliver information identified as CBI to only the following address: OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research Triangle Park, North Carolina 27711, Attn: Docket ID No. EPA-HQ-OAR-2016-0664.

Clearly mark the part or all of the information that you claim to be CBI. For CBI on a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the

FOR FURTHER INFORMATION CONTACT

section.

World Wide Web (WWW).

In addition to being available in the docket, an electronic copy of the proposed action is available on the Internet through the Technical Air Pollution Resources Web site. Following signature by the Administrator, the EPA will post a copy of this proposed action at

https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new.

The Technical Air Pollution Resources Web site provides information and technology exchange in various areas of air pollution control. Additional information is also available at the same Web site.

II. Background Information

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

Section 129 of the Clean Air Act (CAA), titled, “Solid Waste Combustion,” requires the EPA to develop and adopt standards for solid waste incineration units pursuant to CAA sections 111 and 129.

On March 21, 2011, the EPA promulgated revised new source performance standards (NSPS) and EG for CISWI units. Following this action, the Administrator received petitions for reconsideration that identified certain issues that warranted further opportunity for public comment. In response to the petitions, the EPA reconsidered and requested comment on several provisions of the February 2011 final NSPS and EG for CISWI incineration units. The EPA published the proposed revisions to the NSPS and EG for CISWI units on December 23, 2011 (76 FR 80452).

On February 7, 2013, the EPA promulgated the final reconsidered NSPS and EG for CISWI units (78 FR 9112). The final rule made some revisions to the December 2011 proposed reconsideration rule in response to comments and additional information received. Following that action, the EPA again received petitions for reconsideration. These petitions stated certain provisions should be reconsidered and that the public lacked sufficient opportunity to comment on some of the provisions contained in the final 2013 CISWI rule. On January 21, 2015, the EPA reconsidered and requested comment on four provisions of the 2013 final NSPS and EG for CISWI units. Additionally, the EPA proposed clarifying changes and corrections to the final rule, some of which were raised in petitions for reconsideration of the 2013 CISWI rule. On June 23, 2016, the EPA promulgated the final reconsidered NSPS and EG for CISWI units (81 FR 40956). For a more detailed background and additional information on how this rule is related to other CAA combustion rules issued under CAA section 112 and the Resource Conservation and Recovery Act (RCRA) definition of solid waste, refer to prior documents (76 FR 15704, 78 FR 9112).

Sections 111(b) and 129(a) of the CAA address emissions from new units (

i.e.,

NSPS), and CAA sections 111(d) and 129(b) address emissions from existing units (

i.e.,

EG). The NSPS are federal regulations directly enforceable upon CISWI units, and, under CAA section 129(f)(1), become effective 6 months after promulgation. Unlike the NSPS, the EG provide direction for developing state plans; however, the EG are not themselves directly enforceable. The EG are implemented and enforced under an EPA approved state or tribal plan or EPA adopted federal plan once the state, tribal, or federal plan has become effective.

Section 129(b)(2) of the CAA directs states with existing CISWI unit(s) subject to the EG to submit plans to the EPA that implement and enforce the EG. The deadline for states to submit state plans to the EPA for review was February 7, 2014 (

see

78 FR 9121-2, February 7, 2013).

1

Sections 111 and 129(b)(3) of the CAA and 40 CFR 60.27(c) and (d) require the EPA to develop, implement and enforce a federal plan for CISWI units in any state without an approvable state plan within

2 years after promulgation of the EG. This action proposes the CISWI Federal Plan. In this proposal, the EPA is soliciting comment only on the implementation of the final CISWI EG through the proposed federal plan. The EPA is not reopening the underlying CISWI rule for public comment and does not intend to address any comments on the underlying CISWI rule.

2

1

Several states did not submit plans to the EPA by this date.

2

Many aspects of the CISWI rule were challenged in the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit or Court) in

American Forest and Paper Association (AFPA)

v.

EPA,

and the Court rejected all challenges to the standards and other provisions being implemented in this federal plan.

See AFPA

v.

EPA,

830 F.3d 579 (D.C. Cir. 2016).

The EPA anticipates that facilities in approximately eight states and four U.S. territories will need to rely on the CISWI Federal Plan.

B. What is the purpose of this proposed rule?

Section 129(b)(2) of the CAA requires states to implement the EG for existing solid waste incineration units, including CISWI units. States with existing CISWI units were required to submit to the EPA within 1 year following promulgation of the EG (by February 7, 2014) state plans that are at least as protective as the EG. Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require the EPA to develop, implement, and enforce a federal plan in states which have not submitted an approvable plan. The EPA is proposing the CISWI Federal Plan so that a promulgated federal plan will be effective in any state that fails to provide an approvable state plan, thus, ensuring implementation and enforcement of the final CISWI EG.

The regulations require states without any existing CISWI units to submit to the Administrator a letter of negative declaration certifying that there are no CISWI units in the state (

See

40 CFR 62.06). No plan is required for states that do not have any CISWI units. CISWI units located in states that mistakenly submit a letter of negative declaration are subject to the federal plan, once effective, until a state plan regulating those CISWI units is approved. State plans that have been submitted to implement the final CISWI EG,

3

have either been approved or are currently undergoing EPA review. This proposed CISWI Federal Plan will implement the final CISWI EG in those states that do not have an approved state plan in place by the effective date of this federal plan. If a state or tribal plan is approved in part, the federal plan will apply to the affected CISWI units in lieu of the disapproved portions of the state plan until the state or tribe addresses the deficiencies in the state plan and the revised state plan is approved by the EPA. Prior to any disapproval, the EPA will work with states and tribes to attempt to reconcile areas of the plan that remain inconsistent with the EG.

3

The “final CISWI EG” means the provision of 40 CFR part 60, subpart DDDD, including the revisions published on June 23, 2016 (81 FR 40956). As noted in the June 23 2016 preamble, the final CISWI EG action granted reconsideration and addressed certain aspects of the February 7 2013, rule, which itself was issued to grant reconsideration of aspects of the March 21 2011, rule.

See

Section II.A of this preamble for more discussion on the background of the final CISWI EG.

Incineration of solid waste at commercial and industrial facilities causes the release of a wide array of air pollutants, some of which exist in the waste feed material and are released unchanged during combustion, and some of which are generated as a result of the combustion process itself.

4

The EPA estimated in the 2013 rule that once the state plans and federal plan become effective, a total emissions reduction of the regulated pollutants would occur as follows: Acid gases (

i.e.,

hydrogen chloride (HCl) and sulfur dioxoide (SO

2

)), about 7,046 tons per year (tpy); particulate matter (PM) about 2,401 tpy; non-Hg metals (

i.e.,

lead (Pb) and cadmium (Cd)) about 4.5 tpy; carbon monoxide (CO) about 20,000 tpy; nitrogen oxide (NO

X

) about 5,399 tpy; and mercury (Hg) about 688 pounds per year. The EPA also estimated that air pollution control devices installed to comply with the 2013 rule would also effectively reduce emissions of pollutants such as 7-polycyclic aromatic hydrocarbons and polychlorinated biphenyls (PCB).

5

The 2016 rule did not significantly change the emission reduction estimates presented in the 2013 rule, other than estimating slightly less in PM reductions for the waste-burning kiln subcategory (

See

81 FR 40969, June 23, 2016).

4

See

78 FR 9131-9133 to reference the impacts of the EG adopted on February 7, 2013.

5

See

75 FR 31970 (June 4, 2010), where polycyclic organic matter (POM) and polychlorinated biphenyl (PCB) emission reductions are discussed.

C. What is the status of state plan submittals?

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

Table 2—Status of State and Territory Plans

Status

States

I. EPA-Approved Implementation Plans

None so far.

II. Indicated intent to Submit Negative Declarations to the EPA

Massachusetts; Delaware; Maryland; North Carolina; Georgia; Mississippi; Minnesota; Arizona; California; Hawaii; Idaho.

III. Negative Declaration Submitted to the EPA

Connecticut; New Hampshire; Vermont; Rhode Island; Virgin Islands; District of Columbia; New Mexico; City of Albuquerque; Montana.

IV. Final Implementation Plans Submitted to the EPA

Alabama; Florida; South Carolina; North Dakota; Oregon.

V. Draft Implementation Plans Submitted to the EPA

West Virginia; Virginia.

VI. EPA Has Not Received a Draft or Final Implementation Plan or Negative Declaration

New York; Illinois; Indiana; Texas; Louisiana; Oklahoma; Arkansas; Kansas; Missouri; Nebraska; Utah; Wyoming; South Dakota; Washington.

VII. Indicated Intent to Submit State Implementation Plan to the EPA

Kentucky; Tennessee; Michigan; Colorado.

VIII. Indicated Intent to Accept Delegation of Federal Plan

Maine; New Jersey; Puerto Rico; Pennsylvania.

IX. Indicated Intent to Accept Federal Plan Implementation by the EPA

Ohio; Wisconsin; Iowa; Nevada; American Samoa; Guam; Alaska; Commonwealth of the Northern Mariana Islands.

As the EPA Regional offices approve implementation plans, they will also, in the same action, amend the appropriate subpart of 40 CFR part 62 to codify their approvals. The EPA will maintain a list of implementation plan submittals and approvals on the Technical Air Pollution Resources Web site at

https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new.

The list will help CISWI unit owners or operators determine whether their CISWI units are affected by a state plan or the federal plan.

CISWI owners or operators can also contact the EPA Regional office for the state in which their CISWI units are located to determine whether there is an approved and effective state plan in place. Table 3 lists the names, email addresses, and telephone numbers of the EPA Regional office contacts and the states and territories that they cover.

Table 3—Regional Office Contacts

Region

Regional contact

Phone

States and territories

Region I

Patrick Bird,

bird.patrick@epa.gov

(617) 918-1287

Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont.

Region II

Ted Gardella,

gardella.anthony@epa.gov

(212) 637-3892

New York, New Jersey, Puerto Rico, Virgin Islands.

Region III

Mike Gordon,

gordon.mike@epa.gov

(215) 814-2039

Virginia, Delaware, District of Columbia, Maryland, Pennsylvania, West Virginia.

Region IV

Keith Goff,

goff.keith@epa.gov

Jason Dressler,

Dressler.jason@epa.gov

Mark Bloeth,

Bloeth.mark@epa.gov

(404) 562-9137

(404) 562-9208

(404) 562-9013

Florida, Georgia, North Carolina, Alabama, Kentucky, Mississippi, South Carolina, Tennessee.

Region V

Margaret Sieffert,

sieffert.margaret@epa.gov

(312) 353-1151

Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio.

Region VI

Kenneth Boyce,

boyce.kenneth@epa.gov

(214) 665-7259

Arkansas, Louisiana, New Mexico, Oklahoma, Texas.

Region VII

Lisa Hanlon,

hanlon.lisa@epa.gov

(913) 551-7599

Iowa, Kansas, Missouri, Nebraska.

Region VIII

Ethan Aumann,

aumann.ethan@epa.gov

(303) 312-6773

Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming.

Region IX

Shaheera Kelly,

Kelly.shaheerah@epa.gov

Mark Sims,

sims.mark@epa.gov

(415) 972-3943

(415) 972-3965

Arizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Mariana Islands.

Region X

Katharine Owens,

owens.katharine@epa.gov

(206) 553-1023

Washington.

John Pavitt,

Pavitt.john@epa.gov

Madonna Narvaez,

narvaez.madonna@epa.gov

(907) 271-3688

(206) 553-2117

Alaska.

Idaho, Oregon.

III. Affected Facilities

A. What is a CISWI unit?

A “CISWI” unit is any unit located at a commercial or industrial facility that combusts any amount of solid waste, as defined in 40 CFR part 241, that is not otherwise exempted from CISWI.

See

40 CFR 60.2555 (listing solid waste incineration units that are not subject to CISWI). The affected facility under CISWI is each individual CISWI unit. This proposed federal plan defines four subcategories for existing CISWI units in 40 CFR part 62.14840 of subpart III: Incinerators (

i.e.,

units designed to burn discarded waste materials for the purpose of disposal); small, remote incinerators; energy recovery units (ERUs) (

i.e.,

units that would be boilers or process heaters if they did not combust solid waste); and waste burning kilns (

i.e.,

units that would be cement kilns if they did not combust solid waste). We have further subcategorized ERUs into three subcategories and waste burning kilns into two subcategories for CO emission limits only.

B. Does the federal plan apply to me?

The federal plan will apply to the owner or operator of an existing CISWI unit that was constructed on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010, but no later than August 7, 2013, and that is not subject to an approved and effective state plan as of the effective date of the final federal plan notice.

6

The federal plan would apply to the CISWI unit until the EPA approves a state plan that regulates the CISWI unit and that state plan becomes effective.

7

If the construction of a CISWI unit began after June 4, 2010, or modification of a CISWI unit began after August 7, 2013, the unit is a new CISWI unit and would be subject to the NSPS at 40 CFR part 60, subpart CCCC. The specific applicability of the proposed federal plan is described at 40 CFR 62.14510 through 62.14531 of subpart III in the proposed rule.

6

The federal plan will become effective 30 days after final promulgation.

7

A state plan is effective on the date specified in the document published in the

Federal Register

announcing the EPA's approval of the plan.

This action will not preclude states from submitting a state plan at a later time. If a state submits a plan after the promulgation of the CISWI Federal Plan, the EPA will review and approve or disapprove the state plan.

8

If the EPA approves a plan, then the CISWI Federal Plan will no longer apply to CISWI units covered by the state plan. If a CISWI unit was overlooked by a state and the state submitted a negative declaration letter, or if an individual CISWI unit was not covered by an approved and effective state plan, the CISWI unit would be subject to the federal plan after the effective date of the final plan.

8

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

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

Part 62 of Title 40 of the CFR identifies the status of approval and promulgation of CAA section 111(d) and CAA section 129(b) state plans for designated facilities in each state. However, the print version of 40 CFR part 62 is updated only once per year. Thus, if 40 CFR part 62 does not indicate that a state has an approved and effective plan, please contact the state environmental agency's air director or the EPA's Regional office (

see

Table 3 in section II.C of this preamble) to determine if a state plan was approved since publication of the most recent version of 40 CFR part 62. Also note that the Electronic Code of Federal

Regulations (

http://www.ecfr.gov/cgi-bin/ECFR?page=browse

) is updated periodically, so may be a better source to obtain an update on state plan status.

IV. Elements of the CISWI Federal Plan

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

See

Proposed regulations at 40 CFR part 62, subpart III and sections 111 and 129 of the CAA. Below, we explain the proposed federal plan elements in detail.

A. Legal Authority and Enforcement Mechanism

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

i.e.,

by February 7, 2018).

9

9

See

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

B. Inventory of Affected CISWI Units

The docket for the proposed federal plan includes an inventory of the CISWI units that may potentially be covered by this federal plan in the absence of approved state plans. (

See

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

C. Inventory of Emissions

This proposed federal plan includes emissions estimates for existing CISWI units. The pollutants inventoried are Cd, CO, polychlorinated dibenzo-p-dioxins/polychlorinated dibenzofurans (PCDD/PCDF), HCl, Pb, Hg, PM, NO

X

, and SO

2

. For this proposal, the EPA has estimated the emissions from each known CISWI unit that potentially may be covered by the proposed federal plan for the nine pollutants regulated by the EG and covered by the proposed federal plan. The emissions inventory is based on available information about CISWI units and typical emissions rates developed for calculating nationwide air impacts of the EG. Refer to the inventory memorandum “CISWI Federal Plan Inventory,” December 9, 2016 in Docket No. EPA-HQ-OAR-2016-0664 for the complete updated emissions inventory.

D. Compliance Schedules

The CAA provides that owners or operators of affected CISWI units must comply no later than 5 years after the effective date of the final CISWI EG (

i.e.,

February 7, 2018) or within 3 years from state plan approval (or promulgation of a federal plan), whichever is earlier.

See

CAA section 129(f)(2). The EPA aims to take final action on this proposal in 2017 and, thus, proposes to allow the maximum time statutorily permitted for compliance with the federal plan, that is until February 7, 2018.

E. Emissions Limits and Operating Limits

The proposed federal plan contains emissions limits that correspond to the final CISWI EG. (

See

40 CFR 62.14630 through 62.14645.) The emissions limits in this proposed CISWI Federal Plan are the same as those contained in the final CISWI EG. (

See

proposed Table 5 of this preamble.) This action does not revise the final limits; instead, it simply implements the previously promulgated limits for existing sources in states that have not adopted a state plan. Section V.C of this preamble discusses the final CISWI EG emissions limits.

F. Operator Training and Qualification Requirements

The proposed federal plan requires that the owner or operator must qualify operators or their supervisors (at least one per facility) by ensuring that they complete an operator training course and annual review or refresher course. (

See

40 CFR 62.14595 through 62.14625.) This proposed federal plan also contains operator training and qualification requirements that correspond to the final CISWI EG.

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

The proposed federal plan includes testing, monitoring, recordkeeping, and reporting requirements. (

See

40 CFR 62.14650 through 62.14760.) These proposed requirements correspond with the final CISWI EG. Testing, monitoring, recordkeeping and reporting requirements will assure initial and ongoing compliance.

H. Record of Public Hearings

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

I. Progress Reports

The proposed federal plan requests that the EPA Regional Offices prepare annual progress reports to show the progress of CISWI units toward implementation of the EG. States that have been delegated the authority to implement and enforce this federal plan will be required to submit annual progress reports to the appropriate EPA Regional Office as part of their delegation (

See

section VII.D). Each progress report must include the following items: (1) Status of enforcement actions; (2) identification of sources that have shut down or started operation; (3) emissions inventory data for sources that were not in operation at the time of plan development, but that began operation during the reporting period; (4)

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

V. Summary of Proposed CISWI Federal Plan Requirements

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

Table 4—Elements of the Proposed CISWI Federal Plan

Element of the CISWI Federal Plan

Location

Legal authority and enforcement mechanism

Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA.

Inventory of affected CISWI units

Docket ID No. EPA-HQ-OAR-2016-0664.

Inventory of emissions

Docket ID No. EPA-HQ-OAR-2016-0664.

Compliance schedules

40 CFR 62.14535 to 62.14575.

Emissions limits and operating limits

40 CFR 62.14630 to 62.14645.

Operator training and qualification

40 CFR 62.14595 to 62.14625.

Testing, monitoring, recordkeeping and reporting

40 CFR 62.14650 to 62.14760.

Record of public hearings

Docket ID No. EPA-HQ-OAR-2016-0664.

Progress reports

Section IV.I of this preamble.

A. What are the proposed applicability requirements?

The proposed federal plan applicability reflects the final CISWI EG. The proposed federal plan applies to existing CISWI units meeting the applicability of 40 CFR 62.14510 that are located in any state that does not currently have an approved state plan in place. Existing CISWI units are all CISWI units for which construction commenced on or before June 4, 2010. All CISWI units for which construction commenced after June 4, 2010, or for which modification or reconstruction commenced after August 7, 2013, are “new” sources subject to NSPS emissions limits (40 CFR part 60, subpart CCCC). The federal plan requirements apply to owners and/or operators of incineration units combusting solid waste (as defined under RCRA) and located at commercial or industrial facilities (

i.e.,

CISWI units (as defined in the proposed rule at 40 CFR 62.14840)). Four subcategories are defined for existing units: incinerators (

i.e.,

units designed to burn discarded waste materials for the purpose of disposal); small, remote incinerators; ERUs (

i.e.,

units that would be boilers or process heaters if they did not combust solid waste); and waste burning kilns (

i.e.,

units that would be cement kilns if they did not combust solid waste). The final CISWI EG further subcategorized ERUs into three subcategories and waste burning kilns into two subcategories for CO emission limits only.

B. What are the proposed compliance schedules?

The proposed federal plan requires owners or operators of CISWI units to come into compliance by February 7, 2018. The final CISWI EG included increments of progress in the compliance schedule. However, we are not including increments of progress as a compliance pathway for the proposed federal plan. Increments of progress were included in the EG to establish obligations that would apply to sources planning to take more than one year from approval of the state plan to comply. The increments would help ensure that sources planning to take more than one year to comply would make some incremental progress toward compliance after the first year. The increments did not require any additional action within one year of approval of a state plan (or promulgation of a federal plan). The EPA aims to take final action on this proposal in 2017. As explained above (

see

section IV.D of this preamble), the statute requires all sources to fully comply by February 2018 (

i.e.,

5 years after promulgation of the relevant EG). As explained above, the increments of progress contained in the final EG do not require any additional action within one year of promulgation of a federal plan. Thus, including the increments of progress in this federal plan would serve no meaningful purpose and may create confusion. For this reason, the EPA is not proposing to include increments of progress in this federal plan.

If a CISWI unit does not achieve final compliance by February 7, 2018, the proposed federal plan requires the CISWI unit to shut down by February 7, 2018, complete the retrofit while not operating, and be in compliance upon restarting. A CISWI unit that operates out of compliance after the final compliance date would be in violation of the federal plan and subject to enforcement action.

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

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

Table 5—Summary of EG Emissions Limits Promulgated for Existing CISWI Units

Pollutant (units)

1

Incinerators (2000 CISWI limit)

CISWI Subcategories

Incinerators

ERUs—solids

ERUs—liquid/gas

Waste-burning kilns

Small, remote incinerators

HCl (parts per million by volume (ppmv))

62

29

0.20 (biomass units)/58 (coal units)

14

3.0

300

CO (ppmv)

157

17

260 (biomass units)/95 (coal units)

35

110 (long kilns)/790 (preheater/precalciner)

64

Pb (mg/dscm)

0.04

0.015

0.014 (biomass units)/0.057 (coal units)

0.096

0.014

2.1

Cd (mg/dscm)

0.004

0.0026

0.0014 (biomass units)/0.0017 (coal units)

0.023

0.0014

0.95

Hg (mg/dscm)

0.47

0.0048

0.0022 (biomass units)/0.013 (coal units)

0.0024

0.011

0.0053

PM, filterable (mg/dscm)

70

34

11 (biomass units)/130 (coal units)

110

13.5

270

Dioxin, furans, total (ng/dscm)

(no limit)

4.6

0.52 (biomass units)/5.1 (coal units)

2.9

1.3

4,400

Dioxins and furans, TEQ (nanograms per dry standard cubic meter (ng/dscm))

0.41

0.13

0.12 (biomass units)/0.075 (coal units)

0.32

0.075

180

NO

X

(ppmv)

388

53

290 (biomass units)/460 (coal units)

76

630

190

SO

2

(ppmv)

20

11

7.3 (biomass units)/850 (coal units)

720

600

150

1

All emission limits are expressed as concentrations corrected to 7 percent O

2

.

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

The EPA is proposing several performance testing and monitoring provisions amendments to the current 2003 CISWI Federal Plan that are consistent with the requirements of the final CISWI EG. The following paragraphs list a number of testing and monitoring requirements in the final CISWI EG that are being proposed in the CISWI Federal Plan.

1. Performance Testing and Monitoring

The proposed federal plan requires all CISWI units to demonstrate initial and continuous compliance with the final CISWI EG emission limits. These provisions require initial and annual performance tests and initial and annual inspections of scrubbers, fabric filters (FF), and other air pollution control devices that are used to meet the emission limits. In addition, a Method 22 (40 CFR part 60, appendix A-7) visible emissions test of the ash handling operations is required during the initial and annual compliance test for all subcategories except waste-burning kilns, which do not have ash handling systems. Furthermore, for any CISWI unit that operates a FF air pollution control device, we are requiring that a bag leak detection system be installed to monitor the device. The proposed federal plan continues to require parametric monitoring of all other add-on air pollution control devices, such as wet scrubbers, dry scrubbers and activated carbon injection (ACI). CISWI units that install selective non-catalytic reduction technology to reduce NO

X

emissions are required to monitor the reagent (

e.g.,

ammonia or urea) injection rate and secondary chamber temperature (if applicable to the CISWI unit). This proposed federal plan also requires subcategory-specific monitoring requirements in addition to the aforementioned inspection, bag leak detection, and parametric monitoring requirements that are applicable to all CISWI units. Existing incinerators, small, remote incinerators, and ERUs would have annual emissions testing for all nine pollutants: PM, SO

2

, HCl, NO

X

, CO, Pb, Cd, Hg, and dioxins and furans. Waste-burning kilns are required to monitor Hg and HCl (if no scrubber) emissions using a continuous emissions monitoring system, monitor PM emissions using a PM continuous parameter monitoring system (PM CPMS), and perform annual testing for the remaining pollutants. The proposed federal plan provides reduced annual testing requirements for all nine pollutants when testing results are shown to be well below the limits. If an ERU has a design capacity greater than 250 Million British Thermal units per hour, we are requiring a PM CPMS for PM monitoring for these units. For the PM CPMS, the EPA is further requiring that a site-specific parametric operating limit be established during the performance test, that there be continuous monitoring of that parametric limit using a PM CPMS, that four deviations within a 12-month operating period constitutes a violation and triggers immediate corrective action and a Method 5 performance test within 30 days with an additional 15 days to reestablish a site-specific operating limit. Consistent with the final CISWI EG, we propose that all operating parameter averaging for ERU units be on a 30-day rolling average and allow the sorbent injection parameter to be adjusted based on the ERU's load. These testing and monitoring provisions reflect those in the final CISWI EG.

The proposed federal plan incorporates by reference three alternatives to the EPA reference test methods as shown in Table 6 below.

Table 6—List of Incorporation by Reference (IBR)

Test method

Publisher

IBR in 40 CFR part 62, subpart III

ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]

Available for purchase from the American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990,

https://www.asme.org/

§§ 62.14670(s)(1)(i), 62.14670(s)(1)(ii), 62.14670(t)(1)(ii), and 62.14670(t)(4)(i).

ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), approved April 1, 2008

Available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106,

http://www.astm.org/

§§ 62.14670(j), and Tables 1, 5, 6, and 8 to subpart III.

OAQPS Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997

Available from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167,

http://www.epa.gov

§§ 62.14670(r)(3).

These tests are discussed further in section IX.I of this preamble, titled “National Technology Transfer and Advancement Act (NTTAA) and 1 CFR part 51.”

2. Electronic Data Submittal

The EPA is proposing that owners and operators of CISWI units are required to submit electronic copies of certain required performance test reports through the EPA's Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI). This mirrors the final CISWI EG for CISWI units. The EPA believes that the electronic submittal of the reports addressed in this proposed rulemaking will increase the usefulness of the data contained in those reports, is in keeping with current trends in data availability, will further assist in the protection of public health and the environment and will ultimately result in less burden on the regulated community. It also will improve compliance by facilitating the ability of regulated facilities to demonstrate compliance and the ability of air agencies and the EPA to assess and determine compliance. Under current requirements, paper reports are often stored in filing cabinets or boxes, which make the reports more difficult to obtain and use for data analysis and sharing. Electronic storage of such reports would make data more accessible for review, analyses, and sharing. Electronic reporting can also eliminate paper-based, manual processes, thereby saving time and resources, simplifying data entry, eliminating redundancies, minimizing data reporting errors and providing data quickly and accurately to the affected facilities, air agencies, the EPA and the public.

In 2011, in response to Executive Order 13563, the EPA developed a plan

10

to periodically review its regulations to determine if they should be modified, streamlined, expanded or repealed in an effort to make regulations more effective and less burdensome. The plan includes replacing outdated paper reporting with electronic reporting. In keeping with this plan and the White House's Digital Government Strategy,

11

in 2013 the EPA issued an agency-wide policy specifying that new regulations will require reports to be electronic to the maximum extent possible. By requiring electronic submission of specified reports in this proposed rule, the EPA is taking steps to implement this policy.

10

EPA's Final Plan for Periodic Retrospective Reviews, August 2011. Available at:

http://www.epa.gov/sites/production/files/2015-09/documents/eparetroreviewplan-aug2011_0.pdf.

11

Digital Government: Building a 21st Century Platform to Better Serve the American People, May 2012. Available at:

https://www.whitehouse.gov/sites/default/files/omb/egov/digital-government/digital-government-strategy.pdf.

The EPA Web site that stores the submitted electronic data, WebFIRE, will be easily accessible to everyone and will provide a user-friendly interface that any stakeholder could access. By making data readily available, electronic reporting increases the amount of data that can be used for many purposes. One example is the development of emissions factors. An emissions factor is a representative value that attempts to relate the quantity of a pollutant released to the atmosphere with an activity associated with the release of that pollutant (

e.g.,

kilograms of particulate emitted per megagram of coal burned). Such factors facilitate the estimation of emissions from various sources of air pollution and are an important tool in developing emissions inventories, which in turn are the basis for numerous efforts, including trends analysis, regional and local scale air quality modeling, regulatory impact assessments, and human exposure modeling. Emissions factors are also widely used in regulatory applicability determinations and in permitting decisions.

The EPA has received feedback from stakeholders asserting that many of the EPA's emissions factors are outdated or not representative of a particular industry emission source. While the EPA believes that the emissions factors are suitable for their intended purpose, we recognize that the quality of emissions factors varies based on the extent and quality of underlying data. We also recognize that emissions profiles on different pieces of equipment can change over time due to a number of factors (fuel changes, equipment improvements, industry work practices), and it is important for emissions factors to be updated to keep up with these changes. The EPA is currently pursuing emissions factor development improvements that include procedures to incorporate the source test data that we are proposing be submitted electronically. By requiring the electronic submission of the reports identified in this proposed action, the EPA would be able to access and use the submitted data to update emissions factors more quickly and efficiently, creating factors that are characteristic of what is currently representative of the relevant industry sector. Likewise, an increase in the number of test reports used to develop the emissions factors will provide more confidence that the factor is of higher quality and representative of the whole industry sector.

Additionally, by making the records, data, and reports addressed in this proposed rulemaking readily available, the EPA, the regulated community, and the public will benefit when the EPA conducts its CAA-required technology and risk-based reviews. As a result of having performance test reports and air emission reports readily accessible, our ability to carry out comprehensive reviews will be increased and achieved within a shorter period of time. These data will provide useful information on control efficiencies being achieved and maintained in practice within a source

category and across source categories for regulated sources and pollutants. These reports can also be used to inform the technology-review process by providing information on improvements to add-on control technology and new control technology.

Under an electronic reporting system, the EPA's Office of Air Quality Planning and Standards (OAQPS) would have air emissions and performance test data in hand; OAQPS would not have to collect these data from the EPA Regional offices or from delegated air agencies or industry sources in cases where these reports are not submitted to the EPA Regional offices. Thus, we anticipate fewer or less substantial information collection requests (ICRs) in conjunction with prospective CAA-required technology and risk-based reviews may be needed. We expect this to result in a decrease in time spent by industry to respond to data collection requests. We also expect the ICRs to contain less extensive stack testing provisions, as we will already have stack test data electronically. Reduced testing requirements would be a cost savings to industry. The EPA should also be able to conduct these required reviews more quickly, as OAQPS will not have to include the ICR collection time in the process or spend time collecting reports from the EPA Regional Offices. While the regulated community may benefit from a reduced burden of ICRs, the general public benefits from the agency's ability to provide these required reviews more quickly, resulting in increased public health and environmental protection.

Electronic reporting could minimize submission of unnecessary or duplicative reports in cases where facilities report to multiple government agencies and the agencies opt to rely on the EPA's electronic reporting system to view report submissions. Where air agencies continue to require a paper copy of these reports and will accept a hard copy of the electronic report, facilities will have the option to print paper copies of the electronic reporting forms to submit to the air agencies, and, thus, minimize the time spent reporting to multiple agencies. Additionally, maintenance and storage costs associated with retaining paper records could likewise be minimized by replacing those records with electronic records of electronically submitted data and reports.

Air agencies could benefit from more streamlined and automated review of the electronically submitted data. For example, because the performance test data would be readily-available in a standard electronic format, air agencies would be able to review reports and data electronically rather than having to conduct a review of the reports and data manually. Having reports and associated data in electronic format will facilitate review through the use of software “search” options, as well as the downloading and analyzing of data in spreadsheet format. Additionally, air agencies would benefit from the reported data being accessible to them through the EPA's electronic reporting system wherever and whenever they want or need access (as long as they have access to the Internet). The ability to access and review air emission report information electronically will assist air agencies to more quickly and accurately determine compliance with the applicable regulations, potentially allowing a faster response to violations which could minimize harmful air emissions. This benefits both air agencies and the general public.

The proposed electronic reporting of data is consistent with electronic data trends (

e.g.,

electronic banking and income tax filing). Electronic reporting of environmental data is already common practice in many media offices at the EPA. The changes being proposed in this rulemaking are needed to continue the EPA's transition to electronic reporting.

E. What are the proposed recordkeeping and reporting requirements?

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

See

section V.B of this preamble for a more detailed discussion of the compliance schedules.

F. What are the other proposed requirements?

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

Another such requirement is that owners or operators of existing CISWI units are required to submit a monitoring plan for any CMS or bag leak detection system used to comply with the rule.

VI. CISWI Units That Have or Will Shut Down

A. Units That Plan to Close

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

B. Inoperable Units

The federal plan provides that in cases where a CISWI unit has already shut down permanently and has been rendered inoperable (

e.g.,

waste charge door is welded shut, stack is removed, combustion air blowers removed, burners or fuel supply equipment are removed), the CISWI unit may be left off the source inventory in a state plan or this proposed federal plan. A CISWI

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

C. CISWI Units That Have Shut Down

The unit inventory for this federal plan includes any CISWI unit known to have already shut down (but not known to be inoperable).

1. Restarting Before the Final Compliance Date

If the owner or operator of an inactive CISWI unit plans to restart before the final compliance date, the owner or operator must achieve final compliance by February 7, 2018.

2. Restarting After the Final Compliance Date

Under the proposed federal plan, if the owner or operator of a CISWI unit closes the CISWI unit, but restarts the unit after the final compliance date of February 7, 2018, the owner or operator must complete emission control retrofits and meet the emissions and operating limits on the date the CISWI unit restarts operation. Within 6 months of the unit startup, operator(s) of these CISWI units would have to complete the operator training and qualification requirements. Within 60 days of installing an air pollution control device, operator(s) must conduct a unit inspection. Performance testing to demonstrate initial compliance would also be required as described at 40 CFR 62.14650. A CISWI unit may not use the provisions to close the CISWI unit and restart after the compliance date to gain an effective “extension” of the operator training and qualification requirements or initial compliance requirements. A CISWI unit that operates out of compliance after the final compliance date would be in violation of the federal plan and subject to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

Under sections 111(d) and 129(b) of the CAA, the EPA is required to adopt EG that are applicable to existing solid waste incineration units. These EG are implemented when the EPA approves a state plan or adopts a federal plan that implements and enforces the EG. As discussed above, the federal plan regulates CISWI units in states that do not have approved plans in effect to implement the EG.

Congress has determined that the primary responsibility for air pollution prevention and control rests with state and local agencies. (

See

section 101(a)(3) of the CAA.) Consistent with that overall determination, Congress established sections 111 and 129 of the CAA with the intent that the state and local agencies take the primary responsibility for ensuring that the emissions limitations and other requirements in the EG are achieved. Also, in section 111(d) of the CAA, Congress explicitly required that the EPA establish procedures that are similar to those under CAA section 110(c) for state implementation plans. Although Congress required the EPA to propose and promulgate a federal plan for states that fail to submit approvable state plans on time, states may submit plans after promulgation of the CISWI Federal Plan. The EPA strongly encourages states that are unable to submit approvable plans to request delegation of the federal plan so that they can have primary responsibility for implementing the final CISWI EG, consistent with the intent of Congress.

The preferred outcome under the statute and the regulations results when the state, tribal, and local agencies implement the EPA approved state (or tribal) plan because state, tribal, and local agencies not only have the responsibility to implement the final CISWI EG, but also have the practical knowledge and enforcement resources critical to achieving the highest rate of compliance. In cases where states are unable to develop and submit approvable state plans, it is still preferable for the state and local agencies to be the implementing agency. For these reasons, the EPA will do all that it can to expedite delegation of the federal plan to state, tribal, and local agencies, whenever possible, in cases where states are unable to develop and submit approvable state plans. The EPA will also continue to review and approve state plans after promulgation of the CISWI Federal Plan.

B. Mechanisms for Transferring Authority

There are two mechanisms for transferring implementation authority to state, tribal, and local agencies: (1) The EPA approval of a state plan after the federal plan is in effect; and (2) if a state does not submit or obtain approval of its own plan, the EPA delegation to a state, tribe, or local agency with the authority to implement certain portions of this federal plan to the extent appropriate and if allowed by state law. Both of these options are described in more detail below.

1. Federal Plan Becomes Effective Prior To Approval of a State Plan

After CISWI units in a state become subject to the federal plan, the state or tribal agency may still adopt and submit a state or tribal plan to the EPA. If the EPA determines that the state or tribal plan is as protective as the final CISWI EG, the EPA will approve the state or tribal plan. If the EPA determines that the plan is not as protective as the final CISWI EG, the EPA may approve the portions of the plan that are consistent with the final CISWI EG. If a state or tribal plan is approved in part, the federal plan will apply to the affected CISWI units in lieu of the disapproved portions of the state plan until the state or tribe addresses the deficiencies in the state plan and the revised state plan is approved by the EPA. Prior to any disapproval, the EPA will work with states and tribes to attempt to reconcile areas of the plan that remain inconsistent with the EG.

Upon the effective date of a state or tribal plan, the federal plan would no longer apply to CISWI units covered by such a plan and the state, tribe, territory, or local agency would implement and enforce the state plan in lieu of the federal plan. When an EPA regional office approves a state or tribal plan, it will amend the appropriate subpart of 40 CFR part 62 to indicate such approval.

2. State, Tribe, Territory, or Local Agency Taking Delegation of the Federal Plan

The EPA, in its discretion, may delegate to state, tribe, territorial, or local agencies the authority to implement this federal plan. As discussed above, the EPA has concluded that it is advantageous and the best use of resources for states, tribes, territories, or local agencies to agree to undertake, on the EPA's behalf, administrative and substantive roles in implementing the federal plan to the extent appropriate and where authorized by federal, state, tribal, territorial, or local law. If a state, tribe, territory, or local agency requests delegation, the EPA will generally delegate the entire federal plan to the state, tribe, territory, or local agency. These functions include administration and oversight of compliance, and reporting and recordkeeping requirements, CISWI unit inspections and preparation of draft notices of violation, but will not include any authorities retained by the EPA. Agencies that have taken delegation, as well as the EPA, will have responsibility for bringing enforcement actions against sources violating federal plan provisions.

C. Implementing Authority

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

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

D. Delegation of the Federal Plan and Retained Authorities

If a state, tribe, territory, or local agency intends to take delegation of the federal plan, the state, tribe, territory, or local agency should submit to the appropriate EPA regional office a written request for delegation of authority. The state, tribe, territory, or local agency should explain how it meets the criteria for delegation.

See

generally “Good Practices Manual for Delegation of NSPS and NESHAP” (EPA, February 1983). The letter requesting delegation of authority to implement the federal plan should: (1) Demonstrate that the state, tribe, territory, or local agency has adequate resources, as well as the legal authority to administer and enforce the program, (2) include an inventory of affected CISWI units, which includes those that have ceased operation, but have not been dismantled or rendered inoperable, and an inventory of the affected units' air emissions and a provision for state progress reports to the EPA, (3) certify that a public hearing is held on the state, tribe, territory, or local agency delegation request, and (4) include a memorandum of agreement between the state, tribe, territory, or local agency and the EPA that sets forth the terms and conditions of the delegation, the effective date of the agreement and the mechanism to transfer authority. Upon signature of the agreement, the appropriate EPA Regional office would publish an approval notice in the

Federal Register

, thereby incorporating the delegation of authority into the appropriate subpart of 40 CFR part 62.

If authority is not delegated to a state, tribe, territory, or local agency, the EPA will implement the federal plan. Also, if a state, tribe, territory, or local agency fails to properly implement a delegated portion of the federal plan, the EPA will assume direct implementation and enforcement of that portion. The EPA will continue to hold enforcement authority along with the state, tribe, territory, or local agency even when the agency has received delegation of the federal plan. In all cases where the federal plan is delegated, the EPA will retain and will not transfer authority to a state, tribe, or local agency to approve the following items promulgated in the final CISWI EG:

1. Approval of alternatives to the emission limitations in table 5 of this document and operating limits established under 40 CFR 62.14635 and 62.14640;

2. Approval of major alternatives to test methods;

3. Approval of major alternatives to monitoring;

4. Approval of major alternatives to recordkeeping and reporting;

5. [Reserved];

6. The requirements in § 62.14640;

7. The requirements in § 62.14625(b)(2);

8. Approval of alternative opacity emission limits in § 62.14630 under § 60.11(e)(6) through (8);

9. Performance test and data reduction waivers under § 60.8(b)(4) and (5);

10. Determination of whether a qualifying small power production facility or cogeneration facility under § 62.14525(e) or (f) is combusting homogenous waste; and

11. Approval of an alternative to any electronic reporting to the EPA required by this subpart.

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

VIII. Title V Operating Permits

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

12

12

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

The permit application deadline for a CAA section 129 source applying for a title V operating permit depends on when the source first becomes subject to the relevant title V permit program. Because existing major sources are subject to title V,

13

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

13

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

• Twelve (12) months after the effective date of any applicable EPA-approved CAA sections 111(d)/129 plan (

i.e.,

approved state or tribal plan that implements the final CISWI EG); or

• Twelve (12) months after the effective date of any applicable federal plan; or

• Thirty-six (36) months after promulgation of 40 CFR part 60, subpart DDDD (

i.e.,

February 7, 2016).

For any existing CISWI unit not subject to an earlier permit application deadline, the application deadline of February 7, 2016, which is in the past, applies regardless of whether or when any applicable federal plan is effective, or whether or when any applicable CAA sections 111(d)/129 plan is approved by the EPA and becomes effective. (

See

CAA sections 129(e), 503(c), 503(d), 502(a), and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).)

For more background information on the interface between CAA section 129 and title V, including the EPA's interpretation of CAA section 129(e),

see

the final federal plan for Commercial and Industrial Solid Waste Incinerators, October 3, 2003, (68 FR 57518, 57532).

See

also the final federal plan for Hospital Medical Infectious Waste Incinerators, August 15, 2000, (65 FR 49868, 49877).

A. Title V and Delegation of a Federal Plan

As noted previously, issuance of a title V permit is not equivalent to the approval of a state or tribal plan or delegation of a federal plan.

14

Legally, delegation of a standard or requirement results in a delegated state, local, or tribal agency standing in for the EPA as a matter of federal law. This means that obligations a source may have to the EPA under a federally promulgated standard become obligations to a state, tribal, or local agency (except for functions that the EPA retains for itself) upon delegation.

15

Although a state, local, or tribal agency may have the authority under state, local, or tribal law to incorporate CAA section 111/129 requirements into its title V permits, and implement and enforce these requirements in these permits without first taking delegation of the CAA section 111/129 federal plan, the state, local, or tribal agency is not standing in for the EPA as a matter of federal law in this situation. Where a state, local, or

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

14

See, e.g.,

the “Title V and Delegation of a Federal Plan” section of the proposed federal plan for Commercial Industrial Solid Waste Incinerators (CISWI), November 25, 2002, (67 FR 70640, 70652). The preamble language from this section in the proposed federal plan for CISWI was reaffirmed in the final federal plan for CISWI, October 3, 2003, (68 FR 57518, 57535).

15

If the Administrator chooses to retain certain authorities under a standard, those authorities cannot be delegated,

e.g.,

alternative methods of demonstrating compliance.

As mentioned above, a state, local, or tribal agency may have the authority under state, local, or tribal law to incorporate CAA section 111/129 requirements into its title V permits, and implement and enforce these requirements in that context without first taking delegation of the CAA section 111/129 federal plan.

16

Some states, local governments, or tribes, however, may not be able to implement and enforce a CAA section 111/129 standard in a title V permit under state, local, or tribal law until the CAA section 111/129 standard has been delegated. In these situations, a state, local, or tribal agency should not issue a 40 CFR part 70 permit to a source subject to a federal plan before taking delegation of the section 111/129 federal plan.

16

The EPA interprets the phrase “assure compliance” in CAA section 502(b)(5)(A) to mean that permitting authorities will implement and enforce each applicable standard, regulation, or requirement which must be included in the title V permits the permitting authorities issue.

See

definition of “applicable requirement” in 40 CFR 70.2.

See

also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1).

However, if a state or tribe can provide an Attorney General's (AG) opinion delineating its authority to incorporate CAA section 111/129 requirements into its title V permits, and then implement and enforce these requirements through its title V permits without first taking delegation of the requirements, then a state, local, or tribal agency does not need to take delegation of the CAA section 111/129 requirements for purposes of title V permitting.

17

In practical terms, without approval of a state or tribal plan, delegation of a federal plan, or an adequate AG's opinion, states, local governments, and tribes with approved 40 CFR part 70 permitting programs open themselves up to potential questions regarding their authority to issue permits containing CAA section 111/129 requirements and to assure compliance with these requirements. Such questions could lead to the issuance of a notice of deficiency for a state's or tribe's 40 CFR part 70 program. As a result, prior to a state, local, or tribal permitting authority drafting a part 70 permit for a source subject to a CAA section 111/129 federal plan, the state, local government, or tribe, the EPA regional office and the source in question are advised to ensure that delegation of the relevant federal plan has taken place or that the permitting authority has provided an adequate AG's opinion to the EPA Regional office.

17

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

In addition, if a permitting authority chooses to rely on an AG's opinion and not take delegation of a federal plan, a CAA section 111/129 source subject to the federal plan in that state must simultaneously submit to both the EPA and the state, local government, or tribe all reports required by the standard to be submitted to the EPA. Given that these reports are necessary to implement and enforce the CAA section 111/129 requirements when they have been included in title V permits, the permitting authority needs to receive these reports at the same time as the EPA.

In the situation where a permitting authority chooses to rely on an AG's opinion and not take delegation of a federal plan, the EPA regional offices will be responsible for implementing and enforcing CAA section 111/129 requirements outside of any title V permits. Moreover, in this situation, the EPA regional offices will continue to be responsible for developing progress reports and conducting any other administrative functions required under this federal plan or any other CAA section 111/129 federal plan.

See,

section V.B of this preamble titled “What are the final compliance schedules?”.

It is important to note that the EPA is not using its authority under 40 CFR part 70.4(i)(3) to request that all states, local governments, and tribes that do not take delegation of this federal plan submit supplemental AG's opinions at this time. However, the EPA regional offices shall request, and permitting authorities shall provide, such opinions when the EPA questions a state's or tribe's authority to incorporate CAA section 111/129 requirements into a title V permit and implement and enforce these requirements in that context without delegation.

IX. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders can be found at

http://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under the PRA. This action simply proposes the CISWI Federal Plan to implement the EG adopted on February 7, 2013,

18

for those states that do not have a state plan implementing the EG.

18

See

78 FR 9112, February 7, 2013.

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

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

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

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

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

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

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

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

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

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

This action involves technical standards. Please reference Table 6 of this preamble for the locations where these standards are available. The EPA has decided to use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses,” for its manual methods of measuring the oxygen or carbon dioxide content of the exhaust gas. These parts of ASME PTC 19.10-1981 are acceptable alternatives to EPA Methods 6 and 7 for the manual procedures only. The EPA determined that this standard is reasonably available because it is available for purchase. Another voluntary consensus standards (VCS), ASTM D6784-02 (Reapproved 2008), “Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)” for its manual method of measuring mercury is an acceptable alternative to Method 29 and 30B. The EPA determined that this standard is reasonably available because it is available for purchase. The EPA further determined to use OAQPS Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997, for its guidance on the use of tiboelectic monitors as bag leak detectors for a fabric filter air pollution control device and monitoring system decriptions, selection, installation, set up, adjustment, operation, and quality assurance procedures. The EPA determined that this standard is reasonably available because it is freely available from the EPA. Lastly, the EPA decided to use EPA Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, l0B, 22, 23, 26A, 29, and 30B. No VCS were found for EPA Methods 9 and 22.

While the EPA has identified 23 VCS as being potentially applicable to the rule, we have decided not to use these VCS in this rulemaking. The use of these VCS would be impractical because they do not meet the objectives of the standards cited in this rule.

See

the docket for the final CISWI EG (Docket ID No. EPA-HQ-OAR-2003-0119), which are being implemented under this action, for further information.

Under 40 CFR 62.14838, the EPA Administrator retains the authority of approving alternate methods of demonstrating compliance as established under 40 CFR 60.8(b) and 40 CFR 60.13(i), subpart A (NSPS General Provisions). A source may apply to the EPA for permission to use alternative test methods or alternative monitoring requirements in place of any required EPA test methods, performance specifications, or procedures.

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

The EPA believes that this action does

not

have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

The documentation for this decision is contained in this preamble section, as well as the final CISWI EG discussion for Executive Order 12898 (78 FR 9178, February 7, 2013). This proposed federal plan implements the final CISWI EG for states that do not have an approved state plan implementing the final CISWI EG. As discussed in the preamble to the 2013 CISWI rule, the final CISWI EG will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. The amendments finalized in 2013 (made to the 2011 CISWI final rule) do not relax the control measures on sources regulated by the CISWI rule, and, therefore, will not cause emissions increases from these sources. The March 2011 final CISWI rule will reduce emissions of all the listed hazardous air pollutants (HAP) emitted from this source. This proposed federal plan implements national standards in the final CISWI EG that would result in reduction in emissions of many of the listed HAP emitted from this source. This includes emissions of Cd, HCl, Pb, and Hg. Other emissions reductions include reductions of criteria pollutants such as CO, NO

X

, PM and PM

2.5

microns or less, and SO

2

. SO

2

and NO

X

are precursors for the formation of PM

2.5

and NO

X

is a precursor for ozone. Reducing these emissions will decrease the amount of such pollutants to which all affected populations are exposed.

List of Subjects in 40 CFR Part 62

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

Dated: December 14, 2016.

Gina McCarthy,

Administrator.

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

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

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

Authority:

42 U.S.C. 7401,

et seq.

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

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

Sec.

Table of Contents

Introduction

62.14500

What is the purpose of this subpart?

62.14505

What are the principal components of this subpart?

Applicability

62.14510

Am I subject to this subpart?

62.14515

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

62.14520

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

62.14521

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

62.14525

Can my combustion unit be exempt from this subpart?

62.14530-62.14531

[Reserved]

Compliance Schedule and Increments of Progress

62.14535

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

62.14536

[Reserved]

62.14545

[Reserved]

62.14550

[Reserved]

62.14555

[Reserved]

62.14560

[Reserved]

62.14565

[Reserved]

62.14570

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

62.14575

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

Waste Management Plan

62.14580

What is a waste management plan?

62.14585

When must I submit my waste management plan?

62.14590

What should I include in my waste management plan?

Operator Training and Qualification

62.14595

What are the operator training and qualification requirements?

62.14600

When must the operator training course be completed?

62.14605

How do I obtain my operator qualification?

62.14610

How do I maintain my operator qualification?

62.14615

How do I renew my lapsed operator qualification?

62.14620

What site-specific documentation is required?

62.14625

What if all the qualified operators are temporarily not accessible?

Emission Limitations and Operating Limits

62.14630

What emission limitations must I meet and by when?

62.14635

What operating limits must I meet and by when?

62.14640

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

62.14645

[Reserved]

Performance Testing

62.14650

How do I conduct the initial and annual performance test?

62.14655

How are the performance test data used?

Initial Compliance Requirements

62.14660

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

62.14665

By what date must I conduct the initial performance test?

62.14666

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

Continuous Compliance Requirements

62.14670

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

62.14675

By what date must I conduct the annual performance test?

62.14676

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

62.14680

May I conduct performance testing less often?

62.14685

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

Monitoring

62.14690

What monitoring equipment must I install and what parameters must I monitor?

62.14695

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

Recordkeeping and Reporting

62.14700

What records must I keep?

62.14705

Where and in what format must I keep my records?

62.14710

What reports must I submit?

62.14715

When must I submit my waste management plan?

62.14720

What information must I submit following my initial performance test?

62.14725

When must I submit my annual report?

62.14730

What information must I include in my annual report?

62.14735

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

62.14740

What must I include in the deviation report?

62.14745

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

62.14750

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

62.14755

In what form can I submit my reports?

62.14760

Can reporting dates be changed?

Air Curtain Incinerators

62.14765

What is an air curtain incinerator?

62.14770-62.14775

[Reserved]

62.14795

[Reserved]

62.14805

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

62.14810

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

62.14815

What are the emission limitations for air curtain incinerators?

62.14820

How must I monitor opacity for air curtain incinerators?

62.14825

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

Title V Requirements

62.14830

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

62.14835

[Reserved]

Delegation of Authority

62.14838

What authorities are withheld by the EPA Administrator?

Definitions

62.14840

What definitions must I know?

Tables

Table 1 to Subpart III of Part 62—Emission Limitations That Apply to Incinerators Before February 7, 2018

2

Table 2 to Subpart III of Part 62—Operating Limits for Wet Scrubbers

Table 3 to Subpart III of Part 62—Toxic Equivalency Factors

Table 4 to Subpart III of Part 62—Summary of Reporting Requirements

1

Table 5 to Subpart III of Part 62—Model Rule—Emission Limitations That Apply to Incinerators on and After February 7, 2018

Table 6 to Subpart III of Part 62—Model Rule—Emission Limitations That Apply to Energy Recovery Units After February 7, 2018

Table 7 to Subpart III of Part 62—Model Rule—Emission Limitations That Apply to Waste-Burning Kilns After February 7, 2018

Table 8 to Subpart III of Part 62—Model Rule—Emission Limitations That Apply to Small, Remote Incinerators After February 7, 2018

Introduction

§ 62.14500

What is the purpose of this subpart?

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

(b) In this subpart, “you” means the owner or operator of a CISWI unit.

§ 62.14505

What are the principal components of this subpart?

This subpart contains the eleven major components listed in paragraphs (a) through (k) of this section.

(a) [Reserved].

(b) Waste management plan.

(c) Operator training and qualification.

(d) Emission limitations and operating limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

Applicability

§ 62.14510

Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a CISWI unit as defined in § 62.14840 or an air curtain incinerator as defined in § 62.14840 and the CISWI unit or air curtain incinerator meets the criteria described in paragraphs (a)(1) through (a)(3) of this section.

(1) Construction of your CISWI unit or air curtain incinerator commenced on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013.

(2) Your CISWI unit is not exempt under § 62.14525.

(3) Your CISWI unit is not regulated by an EPA approved and currently effective state or tribal plan, or your CISWI unit is located in any state whose approved state or tribal plan is only approved in part. In the case of a state or tribal program that is approved in part, the federal plan applies to affected CISWI units in lieu of the disapproved portions of the state or tribal program until the state or tribe plan addresses the deficiencies and the revised plan is approved by the EPA.

(b) If changes to the CISWI unit are made after August 7, 2013 that meet the definition of modification or reconstruction, your CISWI unit is subject to subpart CCCC of 40 CFR part 60 and this subpart no longer applies to that unit.

(c) If you make physical or operational changes to your existing CISWI unit primarily to comply with this subpart, then such changes do not qualify as modifications or reconstructions under subpart CCCC of 40 CFR part 60.

§ 62.14515

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

(a) If your CISWI unit is located in a state that does not have an EPA-approved state plan or your state's plan has not become effective, this subpart applies to your CISWI unit until the EPA approves a state plan that covers your CISWI unit and that state plan becomes effective. However, a state may enforce the requirements of a state regulation while your CISWI unit is still subject to this subpart.

(b) After the EPA fully approves a state plan covering your CISWI unit, and after that state plan becomes effective, you will no longer be subject to this subpart and will only be subject to the approved and effective state plan. If the state or tribal plan are only approved in part, you will remain subject to the federal plan to the extent necessary to address the deficiencies in the disapproved portions of the state or tribal plan.

§ 62.14520

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

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

§ 62.14521

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

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

§ 62.14525

Can my combustion unit be exempt from this subpart?

This subpart exempts 8 types of units, described in paragraphs (a) and (c) through (o) of this section, from complying with the requirements of this subpart with the exception of the requirements specified in this section.

(a)

Pathological waste incineration units.

Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in § 62.14840 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section.

(1) Notify the Administrator that the unit meets these criteria.

(2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.

(b) [Reserved]

(c)

Municipal waste combustion units.

Incineration units that are regulated under subpart Ea of 40 CFR part 60 (Standards of Performance for Municipal Waste Combustors); subpart Eb of 40 CFR part 60 (Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance Times for Large Municipal Waste Combustors Constructed on or Before September 20, 1994); subpart AAAA of 40 CFR part 60 (Standards of Performance for New Stationary Sources: Small Municipal Waste Combustion Units); subpart BBBB of 40 CFR part 60 (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units); or subpart JJJ of 40 CFR part 62 (Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999).

(d)

Medical waste incineration units.

Incineration units regulated under subpart Ec of 40 CFR part 60 (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or before June 20, 1996).

(e)

Small power production facilities.

Units that meet the four requirements specified in paragraphs (e)(1) through (4) of this section.

(1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).

(2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.

(3) You submit documentation to the Administrator notifying the Agency that the qualifying small power production facility is combusting homogenous waste.

(4) You must maintain the records specified in § 62.14700(v).

(f)

Cogeneration facilities.

Units that meet the four requirements specified in paragraphs (f)(1) through (4) of this section.

(1) The unit qualifies as a cogeneration facility under section

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 § 62.14700(w).

(g)

Hazardous waste combustion units.

Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act.

(h)

Materials recovery units.

Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.

(i)

Air curtain incinerators.

Air curtain incinerators that burn 100 percent wood waste; 100 percent clean lumber; or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste; are required to meet only the requirements under “Air Curtain Incinerators” (§§ 62.14765 through 62.14825) and the title V operating permit requirements (§ 62.14830).

(j) [Reserved]

(k) [Reserved]

(l) [Reserved]

(m)

Sewage treatment plants.

Incineration units regulated under subpart O of 40 CFR part 60 (Standards of Performance for Sewage Treatment Plants).

(n)

Sewage sludge incineration units.

Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to subpart LLLL of 40 CFR part 60 (Standards of Performance for New Sewage Sludge Incineration Units) or subpart MMMM of 40 CFR part 60 (Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units).

(o)

Other solid waste incineration units.

Incineration units that are subject to subpart EEEE of 40 CFR part 60 (Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF of 40 CFR part 60 (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004).

§§ 62.14530-62.14531

[Reserved]

Compliance Schedule and Increments of Progress

§ 62.14535

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

If you plan to continue operation of your CISWI unit, then you must follow the requirements in paragraph (a) of this section.

(a) If you plan to continue operation and come into compliance with the requirements of this subpart by February 7, 2018, then you must complete the requirements of paragraphs (a)(1) through (a)(5) of this section.

(1) You must comply with the operator training and qualification requirements and inspection requirements (if applicable) of this subpart by February 7, 2018.

(2) You must submit a waste management plan no later than November 7, 2017

(3) You must achieve final compliance by February 7, 2018. To achieve final compliance, you must incorporate all process changes and complete retrofit construction of control devices, so that, if the affected CISWI unit is brought online, all necessary process changes and air pollution control devices would operate as designed.

(4) You must conduct the initial performance test within 90 days after the date when you are required to achieve final compliance under paragraph (a)(3) of this section.

(5) You must submit an initial report including the results of the initial performance test no later than 60 days following the initial performance test (

see

§§ 62.14700 through 62.14760 for complete reporting and recordkeeping requirements).

(b) [Reserved]

§ 62.14536

[Reserved]

§ 62.14545

[Reserved]

§ 62.14550

[Reserved]

§ 62.14555

[Reserved]

§ 62.14560

[Reserved]

§ 62.14565

[Reserved]

§ 62.14570

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

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

§ 62.14575

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

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

Waste Management Plan

§ 62.14580

What is a waste management plan?

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

§ 62.14585

When must I submit my waste management plan?

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

§ 62.14590

What should I include in my waste management plan?

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

Operator Training and Qualification

§ 62.14595

What are the operator training and qualification requirements?

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

(b) Operator training and qualification must be obtained through a State-approved program or by completing the requirements included in paragraph (c) of this section.

(c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (3) of this section.

(1) Training on the eleven subjects listed in paragraphs (c)(1)(i) through (xi) of this section.

(i) Environmental concerns, including types of emissions.

(ii) Basic combustion principles, including products of combustion.

(iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures.

(iv) Combustion controls and monitoring.

(v) Operation of air pollution control equipment and factors affecting performance (where applicable).

(vi) Inspection and maintenance of the incinerator and air pollution control devices.

(vii) Actions to correct malfunctions or conditions that may lead to malfunction.

(viii) Bottom and fly ash characteristics and handling procedures.

(ix) Applicable Federal, State, and local regulations, including Occupational Safety and Health Administration workplace standards.

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and administered by the instructor.

(3) Written material covering the training course topics that can serve as reference material following completion of the course.

§ 62.14600

When must the operator training course be completed?

(a) The operator training course must be completed by the later of the three dates specified in paragraphs (a)(1) and (3) of this section.

(1) February 7, 2018.

(2) Six months after CISWI unit startup; or

(3) Six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.

(b) [Reserved].

§ 62.14605

How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 62.14595(b).

(b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 62.14595(c)(2).

§ 62.14610

How do I maintain my operator qualification?

To maintain qualification, you must complete an annual review or refresher course covering, at a minimum, the five topics described in paragraphs (a) through (e) of this section.

(a) Update of regulations.

(b) Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling.

(c) Inspection and maintenance.

(d) Responses to malfunctions or conditions that may lead to malfunction.

(e) Discussion of operating problems encountered by attendees.

§ 62.14615

How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of the two methods specified in paragraphs (a) and (b) of this section.

(a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in § 62.14610.

(b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 62.14605(a).

§ 62.14620

What site-specific documentation is required?

(a) Documentation must be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in paragraphs (a)(1) through (10) of this section. You must maintain this information and the training records required by paragraph (c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request.

(1) Summary of the applicable standards under this subpart.

(2) Procedures for receiving, handling, and charging waste.

(3) Incinerator startup, shutdown, and malfunction procedures.

(4) Procedures for maintaining proper combustion air supply levels.

(5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart.

(6) Monitoring procedures for demonstrating compliance with the incinerator operating limits.

(7) Reporting and recordkeeping procedures.

(8) The waste management plan required under §§ 62.14580 through 62.14590.

(9) Procedures for handling ash.

(10) A list of the wastes burned during the performance test.

(b) You must establish a program for reviewing the information listed in paragraph (a) of this section with each employee who operates your incinerator.

(1) The initial review of the information listed in paragraph (a) of this section must be conducted by the later of the three dates specified in paragraphs (b)(1)(i) through (iii) of this section.

(i) February 7, 2018.

(ii) Six months after CISWI unit startup.

(iii) Six months after being assigned to operate the CISWI unit.

(2) Subsequent annual reviews of the information listed in paragraph (a) of this section must be conducted no later than 12 months following the previous review.

(c) You must also maintain the information specified in paragraphs (c)(1) through (3) of this section.

(1) Records showing the names of all plant personnel who operate your CISWI unit who have completed review of the information in § 62.14620(a) as required by § 62.14620(b), including the date of the initial review and all subsequent annual reviews.

(2) Records showing the names of all plant personnel who operate your CISWI unit who have completed the operator training requirements under § 62.14595, met the criteria for qualification under § 62.14605, and maintained or renewed their qualification under § 62.14610 or § 62.14615. Records must include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours.

§ 62.14625

What if all the qualified operators are temporarily not accessible?

If all qualified operators are temporarily not accessible (

i.e.,

not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs (a) and (b) of this section, depending on the length of time that a qualified operator is not accessible.

(a) When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of

the information specified in § 62.14620(a) within the past 12 months. However, you must record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under § 62.14730.

(b) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in paragraphs (b)(1) and (2) of this section.

(1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible.

(2) Submit a status report to the Administrator every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible and requesting approval from the Administrator to continue operation of the CISWI unit. You must submit the first status report 4 weeks after you notify the Administrator of the deviation under paragraph (b)(1) of this section. If the Administrator notifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in paragraphs (b)(2)(i) and (ii) of this section.

(i) A qualified operator is accessible as required under § 62.14595(a).

(ii) You notify the Administrator that a qualified operator is accessible and that you are resuming operation.

Emission Limitations and Operating Limits

§ 62.14630

What emission limitations must I meet and by when?

(a) You must meet the emission limitations for each CISWI unit, including bypass stack or vent, specified in table 1 of this subpart or tables 5 through 8 of this subpart by February 7, 2018. The emission limitations apply at all times the unit is operating including and not limited to startup, shutdown, or malfunction.

(b) Units that do not use wet scrubbers must maintain opacity to less than or equal to the percent opacity (three 1-hour blocks consisting of ten 6-minute average opacity values) specified in table 1 of this subpart, as applicable.

§ 62.14635

What operating limits must I meet and by when?

(a) If you use a wet scrubber to comply with the emission limitations, you must establish operating limits for four operating parameters (as specified in table 2 of this subpart) as described in paragraphs (a)(1) through (4) of this section during the initial performance test.

(1) Maximum charge rate, calculated using one of the two different procedures in paragraph (a)(1)(i) or (ii) of this section, as appropriate.

(i) For continuous and intermittent units, maximum charge rate is 110 percent of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations.

(ii) For batch units, maximum charge rate is 110 percent of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations.

(2) Minimum pressure drop across the wet particulate matter scrubber, which is calculated as the lowest 1-hour average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as the lowest 1-hour average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations.

(3) Minimum scrubber liquor flow rate, which is calculated as the lowest 1-hour average liquor flow rate at the inlet to the wet acid gas or particulate matter scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations.

(4) Minimum scrubber liquor pH, which is calculated as the lowest 1-hour average liquor pH at the inlet to the wet acid gas scrubber measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitation.

(b) You must meet the operating limits established during the initial performance test on the date the initial performance test is required or completed (whichever is earlier). You must conduct an initial performance evaluation of each continuous monitoring system and continuous parameter monitoring system within 60 days of installation of the monitoring system.

(c) If you use a fabric filter to comply with the emission limitations and you do not use a PM CPMS for monitoring PM compliance, you must operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during any 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.

(d) If you use an electrostatic precipitator to comply with the emission limitations and you do not use a PM CPMS for monitoring PM compliance, you must measure the (secondary) voltage and amperage of the electrostatic precipitator collection plates during the particulate matter performance test. Calculate the average electric power value (secondary voltage x secondary current = secondary electric power) for each test run. The operating limit for the electrostatic precipitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations.

(e) If you use activated carbon sorbent injection to comply with the emission limitations, you must measure the sorbent flow rate during the performance testing. The operating limit for the carbon sorbent injection is calculated as the lowest 1-hour average sorbent flow rate measured during the most recent performance test demonstrating compliance with the mercury emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate (

e.g.,

for 50 percent load, multiply the injection rate operating limit by 0.5).

(f) If you use selective noncatalytic reduction to comply with the emission limitations, you must measure the charge rate, the secondary chamber temperature (if applicable to your CISWI unit), and the reagent flow rate during the nitrogen oxides performance testing. The operating limits for the selective noncatalytic reduction are calculated as the highest 1-hour average charge rate, lowest secondary chamber temperature, and lowest reagent flow rate measured during the most recent performance test demonstrating compliance with the nitrogen oxides emission limitations.

(g) If you use a dry scrubber to comply with the emission limitations, you must measure the injection rate of each sorbent during the performance testing. The operating limit for the injection rate of each sorbent is calculated as the lowest 1-hour average injection rate of each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate (

e.g.,

for 50 percent load, multiply the injection rate operating limit by 0.5).

(h) If you do not use a wet scrubber, electrostatic precipitator, or fabric filter to comply with the emission limitations, and if you do not determine compliance with your particulate matter emission limitation with either a particulate matter CEMS or a particulate matter CPMS, you must maintain opacity to less than or equal to ten percent opacity (1-hour block average).

(i) If you use a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (i)(1) through (5) of this section:

(1) During the initial performance test or any subsequent performance test that demonstrates compliance with the PM limit, record all hourly average output values (milliamps, or the digital signal equivalent) from the PM CPMS for the periods corresponding to the test runs (

e.g.,

three 1-hour average PM CPMS output values for three 1-hour test runs):

(i) Your PM CPMS must provide a 4-20 milliamp output, or the digital signal equivalent, and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps or digital bits;

(ii) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to at least two times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to two times your allowable emission limit; and

(iii) During the initial performance test or any subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp output values, or their digital equivalent, from the PM CPMS for the periods corresponding to the compliance test runs (

e.g.,

average all your PM CPMS output values for three corresponding 2-hour Method 5I test runs).

(2) If the average of your three PM performance test runs are below 75 percent of your PM emission limit, you must calculate an operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS output values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 or performance test with the procedures in (i)(1) through (5) of this section:

(i) Determine your instrument zero output with one of the following procedures:

(A) Zero point data for

in-situ

instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench;

(B) Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air;

(C) The zero point can also can be established obtained by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations (

e.g.,

when your process is not operating, but the fans are operating or your source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept; and

(D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of this section are possible, you must use a zero output value provided by the manufacturer.

(ii) Determine your PM CPMS instrument average in milliamps, or the digital equivalent, and the average of your corresponding three PM compliance test runs, using equation 1:

EP11JA17.007

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:

EP11JA17.008

Where:

R = the relative mg/dscm per milliamp, or the digital equivalent, for your PM CPMS,

Y

1

= the three run average mg/dscm PM concentration,

X

1

= the three run average milliamp output, or the digital equivalent, from your PM CPMS, and

Z = the milliamp or digital signal equivalent of your instrument zero determined from paragraph (i)(2)(i) of this section.

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

EP11JA17.009

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 digital equivalent, determined from paragraph (i)(2)(i) of this section, and

R = the relative mg/dscm per milliamp, or per digital signal output equivalent, for your PM CPMS, from equation 2.

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

EP11JA17.010

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.

§ 62.14640

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

If you use an air pollution control device other than a wet scrubber, activated carbon injection, selective noncatalytic reduction, fabric filter, an electrostatic precipitator, or a dry scrubber or limit emissions in some other manner, including mass balances, to comply with the emission limitations under § 62.14630, you must petition the EPA Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You must submit the petition at least sixty days before the performance test is scheduled to begin. Your petition must include the five items listed in paragraphs (a) through (e) of this section.

(a) Identification of the specific parameters you propose to use as additional operating limits.

(b) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants.

(c) A discussion of how you will establish the upper and/or lower values for these parameters that will establish the operating limits on these parameters.

(d) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments.

(e) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.

§ 62.14645

[Reserved]

Performance Testing

§ 62.14650

How do I conduct the initial and annual performance test?

(a) All performance tests must consist of a minimum of three test runs conducted under conditions representative of normal operations.

(b) You must document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as required in § 62.14700(b)(1)) and the types of waste burned during the performance test.

(c) All performance tests must be conducted using the minimum run duration specified in tables 1 and 5 through 8 of this subpart.

(d) Method 1 of 40 CFR part 60, appendix A must be used to select the sampling location and number of traverse points.

(e) Method 3A or 3B of 40 CFR part 60, appendix A must be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B of 40 CFR part 60, appendix A must be used simultaneously with each method.

(f) All pollutant concentrations, except for opacity, must be adjusted to 7 percent oxygen using Equation 5 of this section:

EP11JA17.011

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-) isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A-7.

(2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. [

Note:

You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.].

(3) For each dioxin/furan (tetra- through octa-chlorinated) isomer measured in accordance with paragraph (g)(1) and (2) of this section, multiply the isomer concentration by its corresponding toxic equivalency factor specified in table 3 of this subpart; and

(4) Sum the products calculated in accordance with paragraph (g)(3) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

(h) Method 22 at 40 CFR part 60, appendix A-7 must be used to determine compliance with the fugitive ash emission limit in table 5, 6, or 8 of this subpart.

(i) If you have an applicable opacity operating limit, you must determine compliance with the opacity limit using Method 9 at 40 CFR part 60, appendix A-4, based on three 1-hour blocks consisting of ten 6-minute average opacity values, unless you are required to install a continuous opacity monitoring system, consistent with §§ 62.14670 and 62.14690.

(j) You must determine dioxins/furans total mass basis by following the procedures in paragraphs (j)(1) through (3) of this section:

(1) Measure the concentration of each dioxin/furan tetra- through octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A-7;

(2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet identification criteria 1 and 7. You must quantify the isomers per Section 9.0 of Method 23. (

Note:

You may reanalyze the sample aliquot or split to reduce the number of isomers not meeting identification criteria 1 or 7 of Section 5.3.2.5.); and

(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.

§ 62.14655

How are the performance test data used?

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

Initial Compliance Requirements

§ 62.14660

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

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

§ 62.14665

By what date must I conduct the initial performance test?

(a) The initial performance test must be conducted no later than 180 days after your final compliance date. Your final compliance date is February 7, 2018, or the date you restart your CISWI unit if later than February 7, 2018.

(b) If you commence or recommence combusting a solid waste at an existing combustion unit at any commercial or industrial facility and you conducted a test consistent with the provisions of this subpart while combusting the given solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, you do not need to retest until 6 months from the date you reintroduce that solid waste.

(c) If you commence or recommence combusting a solid waste at an existing combustion unit at any commercial or industrial facility and you have not conducted a performance test consistent with the provisions of this subpart while combusting the given solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, you must conduct a performance test within 60 days from the date you reintroduce solid waste.

§ 62.14666

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

(a) The initial air pollution control device inspection must be conducted within 60 days after installation of the control device and the associated CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after the final compliance date for meeting the amended emission limitations.

(b) Within 10 operating days following an air pollution control device inspection, all necessary repairs must be completed unless the owner or operator obtains written approval from the state agency establishing a date whereby all necessary repairs of the designated facility must be completed.

Continuous Compliance Requirements

§ 62.14670

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

(a)

Compliance with standards.

(1) The emission standards and operating requirements set forth in this subpart apply at all times.

(2) If you cease combusting solid waste you may opt to remain subject to the provisions of this subpart. Consistent with the definition of CISWI unit, you are subject to the requirements of this subpart at least 6 months following the last date of solid waste combustion. Solid waste combustion is ceased when solid waste is not in the combustion chamber (

i.e.,

the solid waste feed to the combustor has been cut off for a period of time not less than the solid waste residence time).

(3) If you cease combusting solid waste you must be in compliance with any newly applicable standards on the effective date of the waste-to-fuel switch. The effective date of the waste-to-fuel switch is a date selected by you, that must be at least 6 months from the date that you ceased combusting solid waste, consistent with paragraph (a)(2) of this section. Your source must remain in compliance with this subpart until the effective date of the waste-to-fuel switch.

(4) If you own or operate an existing commercial or industrial combustion unit that combusted a fuel or non-waste material, and you commence or recommence combustion of solid waste, you are subject to the provisions of this subpart as of the first day you introduce or reintroduce solid waste to the combustion chamber, and this date constitutes the effective date of the fuel-to-waste switch. You must complete all initial compliance demonstrations for any Section 112 standards that are applicable to your facility before you commence or recommence combustion of solid waste. You must provide 30 days prior notice of the effective date of the waste-to-fuel switch. The notification must identify:

(i) The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice;

(ii) The currently applicable subcategory under this subpart, and any 40 CFR part 63 subpart and subcategory that will be applicable after you cease combusting solid waste;

(iii) The fuel(s), non-waste material(s) and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non-waste materials the unit will commence combusting;

(iv) The date on which you became subject to the currently applicable emission limits;

(v) The date upon which you will cease combusting solid waste, and the date (if different) that you intend for any new requirements to become applicable (

i.e.,

the effective date of the waste-to-fuel switch), consistent with paragraphs (a)(2) and (3) of this section.

(5) All air pollution control equipment necessary for compliance with any newly applicable emissions limits which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-to-fuel, or fuel-to-waste switch.

(6) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste-to-fuel, or fuel-to-waste switch. All calibration and drift checks must be performed as of the effective date of the waste-to-fuel, or fuel-to-waste switch. Relative accuracy tests must be performed as of the performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate continuous compliance with the particulate matter emission limits). Relative accuracy testing for other CEMS need not be repeated if that testing was previously performed consistent with section 112 monitoring requirements or monitoring requirements under this subpart.

(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 § 62.14650. The annual performance test must be conducted using the test methods listed in table 1 or tables 5 through 8 of this subpart and the procedures in § 62.14650. Opacity must be measured using EPA Reference Method 9 at 40 CFR part 60. Annual performance tests are not required if you use CEMS or continuous opacity monitoring systems to determine compliance.

(c) You must continuously monitor the operating parameters specified in § 62.14635 or established under § 62.14640. Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the established operating limits. Three-hour block average values are used to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under § 62.14640 or, for energy recovery units, where the averaging time for each operating parameter is a 30-day rolling average, calculated each hour as the average of the previous 720 operating hours over the previous 30 days of operation. Operation above the established maximum, below the established minimum, or outside the allowable range of the operating limits specified in paragraph (a) of this section constitutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. Operating limits are confirmed or reestablished during performance tests.

(d) You must burn only the same types of waste and fuels used to establish subcategory applicability (for ERUs) and operating limits during the performance test.

(e) For energy recovery units, incinerators, and small remote units, you must perform annual visual emissions tests for ash handling.

(f) For energy recovery units, you must conduct an annual performance test for opacity using EPA Reference Method 9 at 40 CFR part 60, apppendix A-4 (except where particulate matter continuous monitoring system or continuous parameter monitoring systems are used) and the pollutants listed in table 6 of this subpart.

(g) For facilities using a CEMS to demonstrate compliance with the carbon monoxide emission limit, compliance with the carbon monoxide emission limit may be demonstrated by using the CEMS according to the following requirements:

(1) You must measure emissions according to § 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. CEMS data during startup and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must demonstrate initial compliance with the carbon monoxide emissions limit using a 30-day rolling average of the 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, calculated using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7.

(2) Operate the carbon monoxide continuous emissions monitoring system in accordance with the applicable requirements of performance specification 4A of appendix B and the quality assurance procedures of appendix F of this part.

(h) Coal and liquid/gas energy recovery units with annual average heat input rates greater than 250 MMBtu/hr may elect to demonstrate continuous compliance with the particulate matter emissions limit using a particulate matter CEMS according to the procedures in § 62.14690(n) instead of the continuous parameter monitoring system specified in § 62.14670(i). Coal and liquid/gas energy recovery units with annual average heat input rates less than 250 MMBtu/hr, incinerators, and small remote incinerators may also elect to demonstrate compliance using a particulate matter CEMS according to the procedures in § 62.14690(n) instead of particulate matter testing with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, the continuous opacity monitoring requirements in paragraph (i) of this section.

(i) For energy recovery units with annual average heat input rates greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you must install, operate, certify and maintain a continuous opacity monitoring system (COMS) according to the procedures in § 62.14690.

(j) For waste-burning kilns, you must conduct an annual performance test for the pollutants (except mercury and particulate matter, and hydrogen chloride if no acid gas wet scrubber is used) listed in table 7 of this subpart. If you do not use an acid gas wet scrubber or dry scrubber, you must determine compliance with the hydrogen chloride emissions limit according to the requirements in paragraph (j)(1) of this section. You must determine compliance with the mercury emissions limit using a mercury CEMS according to paragraph (j)(2) of this section. You must determine compliance with particulate matter using CPMS:

(1) If you monitor compliance with the HCl emissions limit by operating an HCl CEMS, you must do so in accordance with Performance Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of appendix B to 40 CFR part 60. You must operate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to 40 CFR part 60 except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, maintain and quality assure a HCl CEMS installed and certified under PS 18 according to the quality assurance requirements in Procedure 6 of appendix F to 40 CFR part 60. For any performance specification that you use, you must use Method 321 of appendix A to 40 CFR part 63 as the reference test method for conducting relative accuracy testing. The span value and calibration requirements in paragraphs (j)(1)(i) and (ii) of this section apply to all HCl CEMS used under this subpart:

(i) You must use a measurement span value for any HCl CEMS of 0-10 ppmvw unless the monitor is installed on a kiln without an inline raw mill. Kilns without an inline raw mill may use a higher span value sufficient to quantify all expected emissions concentrations. The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during “mill off” conditions. The corresponding data recorder range shall be documented in the site-specific monitoring plan and associated records; and

(ii) In order to quality assure data measured above the span value, you must use one of the three options in paragraphs (j)(1)(ii)(A) through (C) of this section:

(A) Include a second span that encompasses the HCl emission concentrations expected to be encountered during “mill off” conditions. This second span may be rounded to a multiple of 5 ppm of total HCl. The requirements of the appropriate HCl monitor performance specification shall be followed for this second span with the exception that a RATA with the mill off is not required;

(B) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (j)(1)(i) of this section using the following procedure. Conduct a weekly “above span linearity” calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75% of the highest measured hourly concentration. The “above span” reference gas must meet the requirements of the applicable performance specification and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The “above span linearity” challenge is successful if the value measured by the HCl CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the HCl CEMS during the above span linearity challenge exceeds 10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new “above span linearity” challenge met before returning the HCl CEMS to service, or data above span from the HCl CEMS must be subject to the quality assurance procedures established in (j)(1)(ii)(D) of this section. In this manner values measured by the HCl CEMS during the above span linearity challenge exceeding +/-20 percent of the certified value of the reference gas must be normalized using equation 6;

(C) Quality assure any data above the span value established in paragraph (j)(1)(i) of this section using the following procedure. Any time two consecutive one-hour average measured concentration of HCl exceeds the span value you must, within 24 hours before or after, introduce a higher, “above span” HCl reference gas standard to the HCl CEMS. The “above span” reference gas must meet the requirements of the applicable performance specification and target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include above span calibrations done before or after the above-span measurement period. Record and report the results of this procedure as you would for a daily calibration. The “above span” calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 pe

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