# Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010 and Have Not Been Modified or Reconstructed Since August 7, 2013 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2024-26650 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** December 11, 2024 - **Citation:** 89 FR 100092 ## Text ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-HQ-OAR-2016-0664; FRL-5960-02-OAR] RIN 2060-AT28 Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010 and Have Not Been Modified or Reconstructed Since August 7, 2013 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This action finalizes the Federal plan for existing commercial and industrial solid waste incineration units (CISWI). This final action implements the U.S. Environmental Protection Agency's (EPA) emission guidelines adopted on February 7, 2013, as amended on June 23, 2016, and on April 16, 2019, in states that do not have an approved state plan implementing the emission guidelines in place by the effective date of this Federal plan. The implementation of the emission guidelines will result in emissions reductions of the regulated pollutants including cadmium, hydrogen chloride, lead, mercury, carbon monoxide, nitrogen oxides, particulate matter, and sulfur dioxide from the affected CISWI. This final action is also revising the definition of “small, remote incinerator” to reflect new statutory prohibitions on the implementation of CISWI standards to units in the State of Alaska. DATES: This final rule is effective January 10, 2025. The incorporation by reference of certain publications listed in the regulation is approved by the Director of the Federal Register as of January 10, 2025. ADDRESSES: The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2016-0664. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov/. FOR FURTHER INFORMATION CONTACT: Dr. Felica Davis, Sector Policies and Programs Division (E14305), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-4857; and email address: davis.felica@epa.gov. SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. Throughout this document the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: AG Attorney General CAA Clean Air Act CBI Confidential business information Cd Cadmium CFR Code of Federal Regulations CISWI Commercial and industrial solid waste incineration units CMS Continuous monitoring system CO Carbon monoxide EG Emission Guidelines EPA U.S. Environmental Protection Agency ERU Energy recovery unit FF Fabric filter HAP Hazardous air pollutants HCl Hydrogen chloride Hg Mercury IBR Incorporation by reference ICR Information collection request mg/dscm Milligrams per dry standard cubic meter NAICS North American Industrial Classification System NESHAP National emission standards for hazardous air pollutants ng/dscm Nanograms per dry standard cubic meter NOX Nitrogen oxides NSPS New source performance standards NTTAA National Technology Transfer and Advancement Act OAQPS Office of Air Quality Planning and Standards Pb Lead PCB hydrocarbons and polychlorinated biphenyls PM Particulate matter (filterable, unless otherwise specified) PM2.5 Particulate matter (diameter less than or equal to 2.5 micrometers) PM CPMS Particulate matter Continuous Parameter Monitoring System ppmv Parts per million by volume RIN Regulatory Information Number SRI Small, remote incinerators SO2 Sulfur dioxide the Court United States Court of Appeals for the District of Columbia Circuit tpy Tons per year UMRA Unfunded Mandates Reform Act U.S.C. United States Code VCS Voluntary consensus standards Organization of this document. The information in this preamble is organized as follows: I. General Information A. Does the action apply to me? B. What action is the EPA taking? C. How do I obtain a copy of this document and other related information? D. Judicial Review E. What are the incremental costs and benefits of this action? II. Background Information A. What is the statutory authority for this action? B. What is the purpose of this action? C. What is the status of state plan submittals? III. Summary of Changes Since Proposal and Response to Comments IV. Summary of Final CISWI Federal Plan Requirements A. What are the final applicability requirements? B. What are the final compliance schedules? C. What emissions and operating limits is the EPA incorporating into the final Federal plan? D. What are the final performance testing and monitoring requirements? E. What are the final recordkeeping and reporting requirements? F. What are the other final requirements? V. CISWI That Have or Will Shut Down A. Units That Plan To Close B. Inoperable Units C. CISWI That Have Shut Down VI. Implementation of the Federal Plan and Delegation A. Background of Authority B. Mechanisms for Transferring Authority C. Implementing Authority D. Delegation of the Federal Plan and Retained Authorities VII. Title V Operating Permits Title V and Delegation of a Federal Plan VIII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All K. Congressional Review Act (CRA) I. General Information A. Does the action apply to me? Regulated entities. Owners or operators of existing CISWI that are subject to the existing Federal plan implementing the December 1, 2000, emission guidelines (EG), and units not already subject to an EPA-approved and effective state plan implementing the February 7, 2013, EG (and subsequent 2016 and 2019 amendments made to the EG), may be regulated by this final action. Existing CISWI are those that commenced construction on or before June 4, 2010, or that commenced modification or reconstruction after June 4, 2010, but no later than August 7, 2013. Regulated categories and entities include those that operate CISWI. Although there is no specific North American Industry Classification System (NAICS) code for CISWI, these units may be operated by the categories of sources listed in table 1 of this preamble. Table 1—Examples of Potentially Regulated Entities Category NAICS code Examples of potentially regulated entities Any industrial or commercial facility using a solid waste incinerator 211, 212, 486 Mining; oil and gas exploration operations; pipeline operators. 221 Utility providers. 321, 322, 337 Manufacturers of wood products; manufacturers of pulp, paper and paperboard; manufacturers of furniture and related products. 325, 326 Manufacturers of chemicals and allied products; manufacturers of plastics and rubber products. 327 Manufacturers of cement; nonmetallic mineral product manufacturing. 333, 336 Manufacturers of machinery; manufacturers of transportation equipment. 423, 44 Merchant wholesalers, durable goods; retail trade. This table is not intended to be exhaustive, but rather provides a general guide for identifying entities likely to be affected by this action. To determine whether a facility would be affected by this action, please examine the applicability criteria in 40 Code of Federal Regulations (CFR) 62.14510 through 62.14525 (now at 40 CFR 62.14510a through 62.14530a) of subpart III (now subpart IIIa). Questions regarding the applicability of this action to a particular entity should be directed to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. What action is the EPA taking? In this action, the EPA is finalizing the Federal plan for existing CISWI in states that do not have an approved state plan implementing the CISWI EG. The CISWI Federal plan was proposed on January 11, 2017 (82 FR 3554), and received 13 public comments, some of which led to revisions that were made to this final rule. The comments on the proposal and changes the EPA made to finalize this Federal plan are discussed in more detail in section III. of this preamble. C. How do I obtain a copy of this document and other related information? The docket number for this final action regarding the CISWI Federal plan (40 CFR part 62, subpart IIIa) is Docket ID No. EPA-HQ-OAR-2016-0664. In addition to being available in the docket, an electronic copy of this final action is available on the internet at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. Following publication in the Federal Register , the EPA will post the Federal Register version of the final rule and key technical documents on this same website. D. Judicial Review Under the Clean Air Act (CAA) section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit (the Court) by February 10, 2025. Under CAA section 307(d)(7)(B), “[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.” This section also provides a mechanism for the EPA to convene a proceeding for reconsideration, “[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.” Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, U.S. Environmental Protection Agency, Room 3000, WJC West Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460. E. What are the incremental costs and benefits of this action? This Federal plan implements the CISWI EG that were promulgated on February 7, 2013, and amended on June 23, 2016, and April 16, 2019 (see the background discussion in section II.A. of this preamble for more detail), for the states (see table 2 of this preamble) that do not have approved state plans implementing the CISWI EG. Therefore, any costs and benefits associated with this Federal plan have already been quantified and attributed to the CISWI EG ( i.e., CISWI EG benefits and costs equal those for units covered by approved state plans plus those units covered by this Federal plan—see section II.C. of this preamble for more detailed discussion). Because the Consolidated Appropriations Act of 2024, H.R. 4366, section 432, precludes the EPA from expending funds to implement or enforce the EG codified under 40 CFR part 60, subpart DDDD, with respect to units in the State of Alaska that are defined as “small remote incinerators” (SRI) until a subsequent regulation is issued, neither costs nor emission reductions from SRIs located in Alaska are included in the portion of CISWI EG costs and emissions reduction expected due to the Federal plan implementation. Incineration of solid waste at commercial and industrial facilities causes the release of a wide array of air pollutants, some of which exist in the waste feed material and are released unchanged during combustion, and some of which are generated as a result of the combustion process itself. 1 The EPA estimated in the 2013 rule that once the state plans and the Federal plan become effective, a total emissions reduction of the regulated pollutants would occur as follows: acid gases ( i.e., hydrogen chloride (HCl) and sulfur dioxoide (SO 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 oxides (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). 2 1 See 78 FR 9131-9133 to reference the impacts of the EG adopted on February 7, 2013. 2 See 75 FR 31970 (June 4, 2010), where polycyclic organic matter (POM) and polychlorinated biphenyl (PCB) emission reductions are discussed. II. Background Information A. What is the statutory authority for this action? Sections 111(b) and 129(a) of the CAA address emissions from new units ( i.e., New Source Performance Standards (NSPS)), and CAA sections 111(d) and 129(b) address emissions from existing units ( i.e., EG). The NSPS are Federal regulations which are directly enforceable upon CISWI, and, under CAA section 129(f)(1), become effective 6 months after promulgation. Unlike the NSPS, the EG provide direction for developing state plans, and are not themselves directly enforceable. For the EG to be enforceable, it must be implemented through either an EPA-approved state or tribal 3 plan or through an EPA adopted Federal plan. The Federal plan regulates CISWI in states that do not have approved plans in effect to implement the EG. Although Congress required the EPA to promulgate a Federal plan for states that fail to submit approvable state plans, states may submit approvable state plans after promulgation of the Federal plan and become subject to the approved state plans. Congress established CAA sections 111 and 129 with the intent that the state and local agencies take the primary responsibility for ensuring that the emissions limitations and other requirements in the EG are achieved. 3 The EPA is not aware of any CISWI units owned or operated by Indian tribal governments at the time of the publication of this document. CAA section 129(b)(2) directs states with existing CISWI(s) subject to the EG to submit plans to the EPA that implement and enforce the EG. The deadline for states to submit state plans to the EPA for review was February 7, 2014 (see 78 FR 9121-2, February 7, 2013). 4 CAA sections 111 and 129(b)(3) and 40 CFR 60.27(c) and (d) require the EPA to develop, implement and enforce a Federal plan for CISWI in any state which has not submitted an approvable state plan within 2 years after promulgation of the EG. On January 11, 2017, the EPA proposed a Federal plan that would apply to any CISWI located in any state without an approved state plan as of the compliance date for existing CISWI ( i.e., 5 years after promulgation of the emission guidelines). The EPA did not reopen the underlying CISWI rule for public comment in this current action and the Agency does not address comments on the underlying CISWI rule. 5 4 Five states did not submit a draft or final state plan or negative declaration and one state indicated intent to submit a state plan to the EPA. 5 Many aspects of the CISWI rule were challenged in the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit or Court) in American Forest and Paper Association (AFPA) v. EPA, and the Court rejected all challenges to the standards and other provisions being implemented in this Federal plan. See AFPA v. EPA, 830 F.3d 579 (D.C. Cir. 2016). CAA section 129, titled “Solid Waste Combustion,” requires the EPA to develop and adopt standards for solid waste incineration units pursuant to CAA sections 111 and 129. On March 21, 2011, the EPA promulgated revised NSPS and EG for CISWI. At that time, the Administrator also announced that it identified certain issues that warranted further opportunity for public comment and that the Agency was planning to reconsider the CISWI rule. The EPA also received petitions for reconsideration of the final CISWI rule. On December 23, 2011, the EPA proposed revisions to the March 2011 final CISWI rule and requested comment on proposed changes to the NSPS and EG for CISWI (76 FR 80452). On February 7, 2013, the EPA promulgated the final reconsideration of the 2011 NSPS and EG for CISWI (78 FR 9112). The 2013 final rule made some revisions to the December 2011 proposed reconsideration rule in response to comments and additional information received. Following that action, the EPA received petitions for reconsideration of the 2013 final rule. These petitions stated certain provisions should be reconsidered and that the public lacked sufficient opportunity to comment on some of the provisions contained in the final 2013 CISWI rule. On January 21, 2015, the EPA reconsidered and requested comment on four provisions of the 2013 final NSPS and EG for CISWI. Additionally, the EPA proposed clarifying changes and corrections to the 2013 final rule, some of which were raised in petitions for reconsideration. On June 23, 2016, the EPA promulgated the final reconsideration of the 2013 NSPS and EG for CISWI (81 FR 40956) (2016 CISWI rule). Following promulgation of the 2016 CISWI rule, the EPA received requests from industry interested parties and implementing agencies to clarify various issues with implementation of the standards. In addition, the EPA identified certain procedural issues, including testing and monitoring issues and inconsistencies within the rules, 6 that required further clarification or correction. On June 15, 2018, the EPA proposed amendments to several provisions of the 2016 CISWI rule to address these issues (83 FR 28068). In addition, the EPA identified additional regulatory provisions, beyond those raised by the requests from industry interested parties and implementing agencies, that required clarification and editorial correction to address inconsistencies and errors in the final rule. The EPA promulgated these technical amendments on April 16, 2019 (84 FR 15846). 6 The 2019 technical amendments addressed certain implementation issues and inconsistencies that required further clarification or correction to the 2016 EG. The technical amendments were not substantive and did not introduce any analytical changes to the emission guidelines; therefore, a supplemental proposal was not required. B. What is the purpose of this action? CAA section 129(b)(2) requires states to implement the EG for existing solid waste incineration units, including CISWI. States with existing CISWI were required to submit to the EPA, within one year following promulgation of the EG (by February 7, 2014), state plans that are at least as protective as the EG. CAA sections 111 and 129 and 40 CFR 60.27(c) and (d) require the EPA to develop, implement, and enforce a Federal plan in states that have not submitted an approvable plan. The EPA is promulgating this CISWI Federal plan to be effective in any state that failed to provide an approvable state plan, thus ensuring implementation and enforcement of the final CISWI EG. The regulations required states without any existing CISWI to submit to the Administrator a letter of negative declaration certifying that there are no CISWI in the state (see 40 CFR 62.06). No plan was required for states that do not have any CISWI. CISWI located in states that mistakenly submitted a letter of negative declaration are subject to the Federal plan, once effective, until a state plan regulating those CISWI is approved. State plans that have been submitted to implement the final CISWI EG, 7 have either been approved or are currently undergoing EPA review. This CISWI Federal plan implements the final CISWI EG in those states that do not have an approved state plan in place by January 10, 2025. If a state plan is approved in part, the Federal plan will apply to the affected CISWI in lieu of the disapproved portions of the state plan until the state addresses the deficiencies in the state or tribal plan and the revised state plan is approved by the EPA. 7 The “final CISWI EG” means the provision of 40 CFR part 60, subpart DDDD, including the revisions published on June 23, 2016 (81 FR 40956), and April 16, 2019 (84 FR 15846). As noted in the June 23, 2016, preamble, the final CISWI EG action granted reconsideration and addressed certain aspects of the February 7, 2013, rule, which itself was issued to grant reconsideration of aspects of the March 21, 2011, rule. The April 16, 2019, technical amendments included clarifying revisions and general editorial corrections. See section II.A. of this preamble for more discussion on the background of the final CISWI EG. C. What is the status of state plan submittals? The EPA anticipates that facilities in ten states and three U.S. territories 8 will be subject to the CISWI Federal plan. Table 2 of this preamble lists the status of state plans as of the signature date of this action. Additionally, table 2 of this preamble lists states and local agencies that submitted negative declarations and those that have indicated that they intend to take delegation of the Federal plan to directly implement and enforce the guidelines (see mechanisms for transferring authority discussion in section VI.B.2. of this preamble for more detail). 8 42 U.S.C. 7602. Definitions (d) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands. Table 2—Status of State and Territory Plans Status States I. EPA-Approved State Plans Alabama; Colorado; Louisiana; North Dakota; Oklahoma; Puerto Rico; Tennessee; Virginia; West Virginia. II. Indicated intent to Submit Negative Declarations to the EPA III. Negative Declaration Submitted to the EPA Arkansas; Arizona; Connecticut; Delaware; District of Columbia; Idaho; Indiana; Kansas; Kentucky; Maine; Maryland; Massachusetts; Minnesota; Mississippi; Missouri; Montana; Nebraska; New Hampshire; New Jersey; New Mexico; New York; Nevada; Pennsylvania AMS; Rhode Island; South Dakota; Utah; Vermont; Virgin Islands; Wyoming. IV. Final State Plans Submitted to the EPA Florida; Georgia; Iowa; South Carolina; Texas. V. Draft State Plans Submitted to the EPA VI. EPA Has Not Received a Draft or Final State Plan or Negative Declaration California; Hawaii; Michigan; Oregon; Washington. VII. Indicated Intent to Submit State Plan to the EPA North Carolina. VIII. Indicated Intent to Accept Delegation of Federal Plan IX. Indicated Intent to Accept Federal Plan Implementation by the EPA Alaska; American Samoa; Guam; Illinois; Northern Mariana Islands; Ohio; Wisconsin. As the EPA Regional offices approve state plans, they will also, in the same action, amend the appropriate subpart of 40 CFR part 62 to codify their approvals. If the EPA approves a state plan after the Federal plan is promulgated, the Federal plan will no longer apply to the CISWI covered by the state plan, upon the effective date of the state plan. CISWI owners or operators can also contact the EPA Regional office for the state in which their CISWI are located to determine whether there is an EPA-approved state plan in place. Table 3 of this preamble lists the names, email addresses, and telephone numbers of the EPA Regional office contacts and the states and territories that they cover. Table 3—Regional Office Contacts Region Regional contact Phone States and territories Region I Jessica Kilpatrick, kilpatrick.jessica@epa.gov (617) 918-1652 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont. Region II Fausto Taveras, taveras.fausto@epa.gov (212) 637-3378 New York, New Jersey, Puerto Rico, Virgin Islands. Region III Krystal Stankunas, stankunas.krystal@epa.gov (215) 814-5271 Virginia, Delaware, District of Columbia, Maryland, Pennsylvania, West Virginia. Region IV Mark Bloeth, bloeth.mark@epa.gov (404) 562-9013 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. Region V Margaret Sieffert, sieffert.margaret@epa.gov (312) 353-1151 Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio. Region VI Karolina Ruan-Lei, ruan-lei.karolina@epa.gov (214) 665-7346 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. Region VII Larry Gonzalez, gonzalez.larry@epa.gov (913) 551-7041 Iowa, Kansas, Missouri, Nebraska. Region VIII Allison Reibach, reibach.allison@epa.gov (303) 312-6949 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. Region IX Shaheerah Kelly, kelly.shaheerah@epa.gov (415) 947-4156 Arizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Mariana Islands. Region X Geoffrey Glass, glass.geoffrey@epa.gov (206) 553-1847 Alaska, Idaho, Oregon Washington. III. Summary of Changes Since Proposal and Response to Comments Based on our review of comments received on the 2017 proposed Federal plan and statutory prohibitions on the implementation of CISWI standards to units in the State of Alaska, the EPA is finalizing the Federal plan as proposed with a few minor exceptions, albeit we are finalizing the amendments as a new subpart IIIa. We are establishing the final compliance date for existing sources, implementing the 2019 technical amendments to the CISWI EG, and modifying the applicability of subpart DDDD to only apply to small, remote incinerators (SRIs) located outside the State of Alaska, and modifying equation 7 at 40 CFR 62.14670(y) (now at 40 CFR 62.14640a(y)) for waste-burning kilns that is used to calculate kiln-specific emission limit when kiln emissions are emitted through multiple stacks. Since proposal of amendments to subpart III, the EPA determined that creating a new subpart will lessen confusion for affected sources and implementing agencies. Therefore, we have created a new subpart IIIa, which will replace subpart III once effective, which is January 10, 2025. By incorporating these amendments as a new subpart IIIa, we hope to alleviate any confusion that could be caused by making significant amendments to the current subpart III regulatory text. For one, subpart III only applies to incinerators but the emission guidelines that subpart IIIa will implement includes subcategories for incinerators, energy recovery units, waste-burning kilns, and small remote incinerators, with unique requirements and standards for each subcategory. Additionally, in creating a new subpart IIIa, we can omit transitional regulatory requirement language and make a “clean split” on a single date where subpart III ends effectiveness by January 10, 2025, and subpart IIIa begins effectiveness from that date onward. Finally, to better accommodate any potential future updates to the CISWI Federal plan, in subpart IIIa we are establishing section numbering increments of 5 so that there is adequate numeric spacing to revise or add new regulatory text sections if needed in the future. As noted above, the EPA is establishing the final compliance date to be the effective date of this final action, which is January 10, 2025. The CAA provides that owners or operators of affected CISWI must comply no later than 5 years after the effective date of the final CISWI EG ( i.e., February 7, 2018) or within 3 years from state plan approval (or promulgation of a Federal plan), whichever is earlier. The final compliance date remains as proposed as there is no statutory authority under CAA section 129 for providing compliance extensions ( i.e., allowing compliance after the compliance date). We believe that sources have had ample notification of this final compliance date and that they were aware of what measures they must take in order to comply. Based on reviews of permits for units potentially subject to this Federal plan, the EPA has determined that sources in states and territories that would be subject to the Federal plan have either ceased burning waste or have made control device retrofits in the period of time since the 2017 proposed Federal plan was published. Furthermore, no adverse comments were received requesting additional time for compliance beyond the proposed February 7, 2018, final compliance date. Thus, the EPA has determined that no additional time is necessary for sources to comply with the standards. We are also finalizing other provisions to be consistent with the 2019 technical amendments to the CISWI EG (84 FR 15848). Although these provisions were not included in the original proposed Federal plan, the EPA subsequently solicited comments on these modifications to the EG in the 2019 CISWI rulemaking. Therefore, the public had adequate opportunity to comment on these changes and had notice that sources subject to the Federal plan would be subject to these revised provisions. The technical amendments provided meaningful burden reduction by allowing regulated facilities additional time to complete initial compliance demonstrations and adding production-based emission limits in lieu of the concentration-based limits in the 2016 CISWI rule. The requirement in 40 CFR 62.14535(a)(4) (now at 40 CFR 62.14535a(b)(4)) to perform the initial performance test within 90 days of the final compliance date has been revised to be within 180 days of the final compliance date, consistent with §§ 62.14665(a) and 62.14820(b) (now at §§ 62.14630a(a) and 62.14760a(b), respectively). The Waste Management Plan (WMP) submittal due date has been changed from November 7, 2017, to the final compliance date, January 10, 2025, to be consistent with the EG (40 CFR part 60, subpart DDDD). The WMP is a component of compliance, and therefore it may be submitted together with operating procedures, operator training, and initial compliance testing to demonstrate initial compliance. The EPA is finalizing revisions to 40 CFR 62.14755(b) (now at § 62.14730a(b)) to clarify that results of performance testing and CEMS performance evaluations occurring over multiple days may be submitted together up to 60 days after all performance evaluations are completed. The EPA is also finalizing the addition of an alternative equivalent emission limit for Hg for the waste-burning kiln subcategory to be consistent with the 2019 CISWI EG technical amendments (84 FR 15848). Specifically, the EPA is adding, to the Federal plan, a 58 lb/million (MM) ton clinker emission limit for Hg for the waste-burning kiln subcategory as an alternative equivalent emission limit to the 0.011 mg/dscm standard. Consistent with the 2019 rule, the EPA is also finalizing clarifications regarding the Agency's intent to allow CEMS for demonstrating initial compliance for any pollutant and clarification of continuous parameter monitoring requirements when CEMS are used for direct pollutant emissions monitoring. The EPA is also finalizing additional minor technical amendments consistent with the 2019 rule: Clarifications of other CEMS requirements; clarification of continuous opacity monitoring system (COMS) requirements; clarification of reduced testing requirements; clarification of deviation reporting requirements for continuous monitoring data; and clarification of activated carbon injection (ACI) requirements. The EPA is finalizing a revised definition of “small, remote incinerator” to reflect new prohibitions on the implementation of CISWI standards to units in the State of Alaska that were implemented by Congress after the EPA proposed the Federal plan. As specified in the Consolidated Appropriations Act of 2024, H.R. 4366, section 432, 9 the EPA is precluded from “expending funds to implement or enforce 40 CFR part 60 subpart DDDD [the 2011 EG currently in effect] with respect to units in the state of Alaska that are defined as small remote incinerator until a subsequent regulation is issued.” 9 Consolidated Appropriations Act, 2024. Public Law 118-42 (2024, March 8). https://www.congress.gov/bill/118th-congress/house-bill/4366/text. In the 2000 CISWI EG (65 FR 75351), we excluded combustion units at commercial or industrial facilities with a capacity less than 35 tons per day that combust more than 30 percent MSW from the rule. SRI means an incinerator that combusts solid waste (as that term is defined by the Administrator in 40 CFR part 241) and combusts 3 tons per day or less solid waste and is more than 25 miles driving distance to the nearest municipal solid waste landfill. The SRIs were found to qualify for an exemption from CISWI based on their burning at least 30 percent MSW. In the 2011 CISWI EG we removed this exemption to ensure that any CISWI combusting any solid waste is subject to these standards. Therefore, commercial and industrial units that were previously exempt pursuant to this provision would be required to meet the emission limits and operating requirements of the rule. In this final action, we have revised the definition of “small, remote incinerator” consistent with the prohibition in the appropriations rider to mean “an incinerator located outside the state of Alaska that combusts solid waste (as that term is defined by the Administrator in 40 CFR part 241) and combusts 3 tons per day or less solid waste and is more than 25 miles driving distance to the nearest municipal solid waste landfill” (emphasis added). Finally, based on review of the initial and continuous compliance requirements, the EPA has modified equation 7, used to calculate kiln-specific emission limit when kiln emissions are emitted through multiple stacks, at 40 CFR 62.14670(y) (now at 40 CFR 62.14640a(y)). When kiln emissions are emittted through multiple stacks ( e.g., there is an alkali bypass and/or an in-line coal mill that exhaust emissions through a separate stack(s)), the combined emissions are subject to the emission limits applicable to waste-burning kilns in table 8. At proposal, equation 7 only reflected a single configuration of emissions, a single alakali bypass and in-line coal mill, it did not reflect the multiple different stack configurations currently in use. Therefore, equation 7 has been modified to generalize the number and type of stacks and allow all configurations of sources to correctly calculate the kiln stack concentration limit for continuing compliance, irrespective of the number and type of emission points. Public comments on the proposed rulemaking and the EPA's responses to these comments are addressed in a separate response to comment document, available in docket EPA-HQ-OAR-2016-0664. IV. Summary of Final CISWI Federal Plan Requirements The CISWI Federal plan requirements are described below. Table 4 of this preamble lists each element and identifies where it is located or codified. Table 4—Elements of the CISWI Federal Plan Element of the CISWI Federal plan Location Legal authority and enforcement mechanism Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA. Inventory of affected CISWI Docket ID No. EPA-HQ-OAR-2016-0664. Inventory of emissions Docket ID No. EPA-HQ-OAR-2016-0664. Compliance schedules 40 CFR 62.14535 through 62.14575 (now at 40 CFR 62.14535a through 62.14545a). Emissions limits and operating limits 40 CFR 62.14630 through 62.14645 (now at 40 CFR 62.14600a through 62.14610a). Operator training and qualification 40 CFR 62.14595 through 62.14625 (now at 40 CFR 62.14565a through 62.14595a). Testing, monitoring, recordkeeping and reporting 40 CFR 62.14650 through 62.14760 (now at 40 CFR 62.14615a through 62.14735a). Record of public hearings Docket ID No. EPA-HQ-OAR-2016-0664. A. What are the final applicability requirements? The Federal plan applicability reflects the final CISWI EG. The Federal plan applies in whole or in part to existing CISWI meeting the applicability of 40 CFR 62.14510 (now at 40 CFR 62.14510a) that are located in any state, with the exception of SRIs located in Alaska, that does not currently have a fully approved state plan in place. Existing CISWI are all CISWI, including air curtain incinerators (ACIs), for which construction commenced on or before June 4, 2010, or that commenced modification or reconstruction after June 4, 2010, but no later than August 7, 2013. The Federal plan requirements apply to owners and/or operators of existing incineration units combusting solid waste (as defined under the Resource Conservation and Recovery Act (RCRA) and located at commercial or industrial facilities ( i.e., CISWI (as defined in 40 CFR 62.14840 now at 40 CFR 62.14780a). Four subcategories are defined for existing units: incinerators ( i.e., units designed to burn discarded waste materials for the purpose of disposal); SRIs; energy recovery units (ERU) ( i.e., units that would be boilers or process heaters if they did not combust solid waste); and waste burning kilns ( i.e., units that would be cement kilns if they did not combust solid waste). The final CISWI EG further subcategorize ERUs into 3 subcategories and waste burning kilns into 2 subcategories. The final CISWI EG establishes opacity limitations for ACI that burn 100 percent wood waste; 100 percent clean lumber; or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste. If an ACI begins burning solid waste as defined in the Non Hazardous Secondary Materials rule (see 40 CFR part 241) in addition to, or instead of, wood waste, clean lumber, or a mixture of wood waste, clean lumber, and/or yard waste, it is a solid waste incineration unit that is subject to the applicable numerical emission standards contained in CISWI. B. What are the final compliance schedules? The Federal plan requires owners or operators of CISWI to come into compliance by January 10, 2025. Although the final CISWI EG included increments of progress in the compliance schedule, the EPA is not including increments of progress as a compliance pathway for the final Federal plan. Increments of progress were included in the EG to establish obligations that would apply to sources planning to take more than one year from approval of the state plan to comply. The increments would help ensure that sources planning to take more than one year to comply would make some incremental progress toward compliance after the first year. The increments did not require any additional action within one year of approval of a state plan (or promulgation of a Federal plan). Because the increments of progress contained in the final EG do not require any additional action within one year of promulgation of a Federal plan, including the increments of progress in this Federal plan would serve no meaningful purpose and may create confusion. For this reason, the EPA did not include increments of progress in the proposed Federal plan, and we are not including them in this final action. If a CISWI does not achieve final compliance by January 10, 2025, the final Federal plan requires the CISWI to shut down by January 10, 2025, complete the retrofit while not operating, and be in compliance upon restarting. A CISWI that operates out of compliance after the final compliance date would be in violation of the Federal plan and subject to enforcement action. C. What emissions and operating limits is the EPA incorporating into the final Federal plan? The EPA is incorporating the EG emissions and operating limits from the final CISWI EG, 40 CFR part 60, subpart DDDD, into this final CISWI Federal plan. Table 5 of this preamble summarizes the emissions limits that we are finalizing in the final Federal plan. Table 5 also includes the 2000 CISWI Federal plan emission limits (which applied only to units in the existing incinerator subcategory) for comparison. These standards apply at all times. Existing sources may comply with either the Polychlorinated dibenzo-p-dioxins/Polychlorinated dibenzofurans (PCDD/PCDF) toxicity equivalence or total mass balance emission limits. Facilities will be required to establish site-specific operating limits derived from the results of performance testing. The site-specific operating limits are established as the minimum (or maximum, as appropriate) operating parameter value measured during the performance test. These operating limits will result in achievable operating ranges that will ensure that the control devices used for compliance will be operated to achieve continuous compliance with the emissions limits. Further discussion on performance testing can be found in section IV.D. of this preamble. Table 5—Summary of Emissions Limits Promulgated for Existing CISWI Pollutant (units) 1 Incinerators (2,000 CISWI limit) CISWI subcategories Incinerators ERUs—solids ERUs— liquid/gas Waste-burning kilns SRIs 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 2 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 . 2 Or alternative limit of 58 lb/MM ton clinker. D. What are the final performance testing and monitoring requirements? The EPA is finalizing several performance testing and monitoring provision amendments to the current 2003 CISWI Federal plan (see 68 FR 57518, October 3, 2003) that are consistent with the requirements of the final CISWI EG. The following paragraphs list a number of testing and monitoring requirements in the final CISWI EG that the EPA is including in the final CISWI Federal plan. 1. Performance Testing and Monitoring The final Federal plan requires all CISWI to demonstrate initial and continuous compliance with the final emission limits. These provisions require initial and annual performance tests and initial and annual inspections of scrubbers, fabric filters (FF), and other air pollution control devices that are used to meet the emission limits. In addition, a Method 22 (40 CFR part 60, appendix A-7) visible emissions test of the ash handling operations is required during the initial and annual compliance test for all subcategories except waste-burning kilns, which do not have ash handling systems. Furthermore, for any CISWI that operates a FF air pollution control device, we are requiring that a bag leak detection system be installed to monitor the device. This Federal plan continues to require parametric monitoring of all other add-on air pollution control devices, such as wet scrubbers, dry scrubbers and activated carbon injection. CISWI 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). This final Federal plan also requires subcategory-specific monitoring requirements in addition to the aforementioned inspection, bag leak detection, and parametric monitoring requirements that are applicable to all CISWI. Existing incinerators, SRIs, and ERUs are required to have annual emissions testing for all 9 pollutants: PM, SO 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 final Federal plan provides reduced annual testing requirements for all 9 pollutants when testing results are shown to be well below the limits. If an ERU has a design capacity greater than 250 Million British Thermal units per hour, we are requiring a PM CPMS for PM monitoring for these units. For the PM CPMS, the EPA is further requiring that a site-specific parametric operating limit be established during the performance test, that there be continuous monitoring of that parametric limit using a PM CPMS, and that 4 deviations within a 12-month operating period constitutes a violation and triggers immediate corrective action and a Method 5 performance test within 30 days with an additional 15 days to reestablish a site-specific operating limit. Consistent with the final CISWI EG, all operating parameter averaging for ERU units must be on a 30-day rolling average and allow the sorbent injection parameter to be adjusted based on the ERU's load. These testing and monitoring provisions reflect those in the final CISWI EG. The final Federal plan incorporates by reference two alternatives to the EPA reference test methods, and one EPA guidance document, as shown in table 6 below. Table 6—List of Incorporation by Reference (IBR) Test method Publisher IBR in 40 CFR part 62, subpart IIIa ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], Issued August 31, 1981 Available for purchase from the American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990, (800) 843-2763, https://www.asme.org/ § 62.14640a(s)(1)(i) and (ii), (t)(1)(ii), (t)(4)(i), and (z)(1)(i) and tables 4, 5, 6, and 7 to subpart IIIa of part 62. ASTM D6784-24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), approved March 1, 2024 Available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106, (877) 909-2786, https://www.astm.org/ § 62.14665a(j) and tables 4, 5, and 7 to subpart IIIa of part 62. 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, https://www.epa.gov or https://www3.epa.gov/ttnemc01/cem/tribo.pdf § 62.14640a(r)(3) and (z)(2)(i). These tests are discussed further in section VIII.I. of this preamble, titled “National Technology Transfer and Advancement Act (NTTAA) and 1 CFR part 51.” 2. Electronic Data Submittal To increase the ease and efficiency of data submittal and data accessibility, the final Federal plan requires that owners and operators of CISWI submit electronic copies of required performance test, performance evaluation, initial, annual, and deviation reports through the EPA's Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI). This mirrors the final CISWI EG for CISWI. A description of the electronic data submission process is provided in the memorandum Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, available in the docket for this action. The final rule requires that performance test and performance evaluation results be submitted in the format generated through the use of the ERT or an electronic file consistent with the xml schema on the ERT website for initial, deviation, and annual reports, the final rule requires that owners and operators use the appropriate spreadsheet template to submit information to CEDRI. The final version of the templates for these reports will be located on the CEDRI website. 10 10 https://www.epa.gov/electronic-reporting-air-emissions/cedri. Furthermore, the EPA is finalizing provisions that allow owners and operators the ability to seek extensions for submitting electronic reports for circumstances beyond the control of the facility, i.e., for a possible outage in CDX or CEDRI or for a force majeure event, in the time just prior to a report's due date, as well as the process to assert such a claim. Examples of force majeure events are acts of nature, acts of war or terrorism, or equipment failure or safety hazards beyond the control of the facility. The EPA is providing these potential extensions to protect owners and operators from noncompliance in cases where they cannot successfully submit a report by the reporting deadline for reasons outside of their control. In both circumstances, the decision to accept the claim of needing additional time to report is within the discretion of the Administrator, and reporting should occur as soon as possible. This also mirrors the final CISWI EG for CISWI. E. What are the final recordkeeping and reporting requirements? The EPA is finalizing requirements that reflect those promulgated in the final CISWI EG. The Federal plan requires that records of all initial and all subsequent performance tests, CEMS performance evaluations, deviation reports, operating parameter data, continuous monitoring data, maintenance and inspections of air pollution control devices, monitoring plan, and operator training and qualification must be maintained for 5 years. Any incident of deviation, resumed operation following shutdown, force majeure, intent to stop or start use of Continuous Monitoring Systems (CMS), and intent of conducting or rescheduling a performance test are required to be reported to the Administrator. Furthermore, final compliance reports are required following the completion of each requirement and identifying any missed requirement. See section IV.B. of this preamble for a more detailed discussion of the compliance schedules. F. What are the other final requirements? We are finalizing requirements for the Federal plan to make it consistent with the final CISWI EG, including technical amendments promulgated on April 16, 2019. For example, the final CISWI Federal plan includes the requirement for owners or operators of existing CISWI to meet operator training and qualification requirements, which include: ensuring that at least one operator or supervisor per facility complete the operator training course, that qualified operator(s) or supervisor(s) complete an annual review or refresher course specified in the regulation, and that they maintain plant-specific information, updated annually, regarding training. Owners or operators of existing CISWI are also required to submit a monitoring plan for any CMS or bag leak detection system used to comply with the rule. V. CISWI That Have or Will Shut Down A. Units That Plan To Close The final Federal plan establishes that if owners or operators plan to permanently close currently operating CISWI, they must do so and submit a closure notification to the Administrator by January 10, 2025. The final requirements for closing a CISWI are set forth at 40 CFR 62.14570 (subpart III) (now at 40 CFR 62.14540 (subpart IIIa)). Conversely, the CISWI requirements do apply to a “mothballed unit” or inactive unit, where a unit does not operate, but it is not rendered inoperable. Until such time as a unit is permanently closed, it must comply with any applicable requirements of the Federal plan. In addition, while still in operation, the CISWI is subject to the same requirements for title V operating permits that apply to units that will continue to operate. B. Inoperable Units The Federal plan provides that in cases where a CISWI has already shut down permanently and has been rendered inoperable ( e.g., waste charge door is welded shut, stack is removed, combustion air blowers removed, burners or fuel supply equipment are removed), the CISWI may be left off the source inventory in a state plan or this final Federal plan. A CISWI that has been rendered inoperable would not be covered by the Federal plan. C. CISWI That Have Shut Down The unit inventory for this Federal plan includes any CISWI known to have already shut down (but not known to be inoperable). 1. Restarting Before the Final Compliance Date If the owner or operator of an inactive CISWI plans to restart before the final compliance date, the owner or operator must achieve final compliance by January 10, 2025. 2. Restarting After the Final Compliance Date Under the final Federal plan, if the owner or operator of a CISWI closes the CISWI, but restarts the unit after the final compliance date of January 10, 2025, the owner or operator must complete emission control retrofits and meet the emissions and operating limits on the date the CISWI restarts operation. Within 6 months of the unit startup, operator(s) of these CISWI would have to complete the operator training and qualification requirements. Within 60 days of installing an air pollution control device, operator(s) must conduct a unit inspection. Performance testing to demonstrate initial compliance would also be required as described at 40 CFR 62.14650 (now at 40 CFR 62.14615a). A CISWI may not use the provisions to close the CISWI and restart after the compliance date to gain an effective “extension” of the operator training and qualification requirements or initial compliance requirements. A CISWI that operates out of compliance after the final compliance date will be in violation of the Federal plan and subject to enforcement action. VI. Implementation of the Federal Plan and Delegation A. Background of Authority Under sections 111(d) and 129(b) of the CAA, the EPA is required to adopt EG that are applicable to existing solid waste incineration units. These EG are implemented when the EPA approves a state plan or adopts a Federal plan that implements and enforces the EG. As discussed above, the Federal plan regulates CISWI in states that do not have fully approved plans in effect to implement the EG. Congress has determined that the primary responsibility for air pollution prevention and control rests with state and local agencies. (See section 101(a)(3) of the CAA.) Consistent with that overall determination, Congress established sections 111 and 129 of the CAA with the intent that the state and local agencies take the primary responsibility for ensuring that the emissions limitations and other requirements in the EG are achieved. Also, in section 111(d) of the CAA, Congress explicitly required that the EPA establish procedures that are similar to those under CAA section 110(c) for state implementation plans. Although Congress required the EPA to propose and promulgate a Federal plan for states that fail to submit approvable state plans on time, states may submit plans at any time that may replace the CISWI Federal plan. The EPA strongly encourages states that are unable to submit approvable plans to request delegation of the Federal plan so that they can have primary responsibility for implementing the final CISWI EG, consistent with the intent of Congress. The preferred outcome under the statute and the regulations results when the state, tribal, and local agencies implement the EPA approved state (or tribal) plan because state, tribal, and local agencies not only have the responsibility to implement the final CISWI EG, but also have the practical knowledge and enforcement resources critical to achieving the highest rate of compliance. In cases where states are unable to develop and submit approvable state plans, it is still preferable for the state and local agencies to be the implementing agency. For these reasons, the EPA will do all that it can to expedite delegation of the Federal plan to state, tribal, and local agencies, whenever possible, in cases where states are unable to develop and submit approvable state plans. The EPA will also continue to review and act on state plans after promulgation of the CISWI Federal plan. B. Mechanisms for Transferring Authority There are 2 mechanisms for transferring implementation authority to state, tribal, and local agencies: (1) The EPA approval of a state plan after the Federal plan is in effect; and (2) if a state does not submit or obtain approval of its own plan, the EPA delegation to a state, tribe, or local agency with the authority to implement certain portions of this Federal plan to the extent appropriate and if allowed by state law. Both of these options are described in more detail below. 1. Federal Plan Becomes Effective Prior to Approval of a State Plan After a CISWI in a state without an approved state plan becomes subject to the Federal plan, the state or tribal agency may still adopt and submit a state or tribal plan to the EPA. If the EPA determines that the state or tribal plan is as protective as the final CISWI EG, the EPA will approve the state or tribal plan. If the EPA determines that the plan is not as protective as the final CISWI EG, the EPA may approve the portions of the plan that are consistent with the final CISWI EG. If a state or tribal plan is approved in part, the Federal plan will apply to the affected CISWI in lieu of the disapproved portions of the state plan until the state or tribe addresses the deficiencies in the state plan and the revised state plan is approved by the EPA. Prior to any disapproval, the EPA will work with states and tribes to attempt to reconcile areas of the plan that remain inconsistent with the EG. Upon the effective date of a state or tribal plan, the Federal plan would no longer apply to CISWI covered by such a plan and the state, tribe, territory, or local agency would implement and enforce the state plan in lieu of the Federal plan. When an EPA regional office approves a state or tribal plan, it will amend the appropriate subpart of 40 CFR part 62 to indicate such approval. 2. State, Tribe, Territory, or Local Agency Taking Delegation of the Federal Plan The EPA, in its discretion, may delegate to state, tribe, territorial, or local agencies the authority to implement this Federal plan. As discussed above, the EPA has concluded that it is advantageous and the best use of resources for states, tribes, territories, or local agencies to agree to undertake, on the EPA's behalf, administrative and substantive roles in implementing the Federal plan to the extent appropriate and where authorized by Federal, state, tribal, territorial, or local law. If a state, tribe, territory, or local agency requests delegation, the EPA will generally delegate the entire Federal plan to the state, tribe, territory, or local agency. These functions include administration and oversight of compliance, and reporting and recordkeeping requirements, CISWI inspections and preparation of draft notices of violation, but will not include any authorities retained by the EPA. Agencies that have taken delegation, as well as the EPA, will have responsibility for bringing enforcement actions against sources violating Federal plan provisions. C. Implementing Authority The EPA Regional Administrators have been delegated the authority for implementing the CISWI Federal plan. All reports required by the Federal plan should be submitted to the appropriate Regional Administrator. Section II.C. of this preamble includes table 3 that lists names and addresses of the EPA regional office contacts and the states they cover. D. Delegation of the Federal Plan and Retained Authorities If a state, tribe, territory, or local agency intends to take delegation of the Federal plan, the state, tribe, territory, or local agency should submit to the appropriate EPA regional office a written request for delegation of authority. The state, tribe, territory, or local agency should explain how it meets the criteria for delegation. See generally “Good Practices Manual for Delegation of NSPS and NESHAP” (U.S. EPA, February 1983). 11 The letter requesting delegation of authority to implement the Federal plan should: (1) demonstrate that the state, tribe, territory, or local agency has adequate resources, as well as the legal authority to administer and enforce the program, (2) include an inventory of affected CISWI, which includes those that have ceased operation, but have not been dismantled or rendered inoperable, and an inventory of the affected units' air emissions and a provision for state progress reports to the EPA, (3) certify that a public hearing was held on the state, tribe, territory, or local agency delegation request, and (4) include a memorandum of agreement between the state, tribe, territory, or local agency and the EPA that sets forth the terms and conditions of the delegation, the effective date of the agreement and the mechanism to transfer authority. Upon signature of the agreement, the appropriate EPA Regional office would publish an approval document in the Federal Register , thereby incorporating the delegation of authority into the appropriate subpart of 40 CFR part 62. 11 “Good Practices Manual for Delegation of NSPS and NESHAPS.” U.S. EPA, Office of Air Quality Planning and Standards (February 1983). https://www.epa.gov/sites/default/files/2015-05/documents/epa_good_pract_man_ch1-5.pdf. If authority is not delegated to a state, tribe, territory, or local agency, the EPA will implement the Federal plan. Also, if a state, tribe, territory, or local agency fails to properly implement a delegated portion of the Federal plan, the EPA will assume direct implementation and enforcement of that portion. The EPA will continue to hold enforcement authority along with the state, tribe, territory, or local agency even when the agency has received delegation of the Federal plan. In all cases where the Federal plan is delegated, the EPA will retain and will not transfer authority to a state, tribe, or local agency to approve the items in 40 CFR 62.14838 (now at 40 CFR 62.14775) promulgated in the final CISWI EG. CISWI owners or operators who wish to petition the Agency for any alternative requirement should submit a request to the Regional Administrator with a copy sent to the appropriate state. VII. Title V Operating Permits All existing CISWI located at commercial or industrial facilities and regulated under state, tribal, or Federal plans implementing the final CISWI EG must operate in a manner consistent with a title V operating permit that assures compliance with all federally applicable requirements for any regulated CISWI, including all applicable CAA section 129 requirements. 12 12 40 CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1). The permit application deadline for a CAA section 129 source applying for a title V operating permit depends on when the source first becomes subject to the relevant title V permit program. Because existing major sources are subject to title V, 13 major source facilities that contain existing CISWI should already have a title V permit. In such cases, the source must comply with the title V permit revision provisions of the relevant state title V program instead of applying for a title V permit. In contrast, the application deadline would apply to CISWI at facilities that are not subject to the title V permit program for other reasons. Such sources with an existing CISWI or air curtain incinerator subject to this Federal plan must submit a complete title V permit application by the earliest of the following dates: 13 CAA section 503(c) and 40 CFR 70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and (b), and 71.5(a)(1)(i). • 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 not subject to an earlier permit application deadline, the application deadline of February 7, 2016, which is in the past, applies regardless of whether or when any applicable Federal plan is effective, or whether or when any applicable CAA sections 111(d)/129 plan is approved by the EPA and becomes effective. (See CAA sections 129(e), 503(c), 503(d), 502(a), and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).) For more background information on the interface between CAA section 129 and title V, including the EPA's interpretation of CAA section 129(e), see the final Federal plan for Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68 FR 57518, 57532). See also the final Federal plan for Hospital Medical Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877). Title V and Delegation of a Federal Plan As noted previously, issuance of a title V permit is not itself equivalent to the approval of a state or tribal plan or delegation of a Federal plan. 14 Legally, delegation of a standard or requirement results in a delegated state, local, or tribal agency standing in for the EPA as a matter of Federal law. This means that obligations a source may have to the EPA under a federally promulgated standard become obligations to a state, tribal, or local agency (except for functions that the EPA retains for itself) upon delegation. 15 Although a state, local, or tribal agency must have the authority under state, local, or tribal law to incorporate CAA section 111/129 requirements into its title V permits, and implement and enforce these requirements in these permits without first taking delegation of the CAA section 111/129 Federal plan, the state, local, or tribal agency is not standing in for the EPA as a matter of Federal law in this situation. Where a state, local, or tribal agency does not take delegation of a section 111/129 Federal plan, obligations that a source has to the EPA under the Federal plan continue after a title V permit is issued to the source. As a result, the EPA maintains that an approved 40 CFR part 70 operating permits program alone cannot be used as a mechanism to transfer the authority to implement and enforce the Federal plan from the EPA to a state, local, or tribal agency. 14 See, e.g., the “Title V and Delegation of a Federal Plan” section of the proposed Federal plan for CISWI, November 25, 2002 (67 FR 70640, 70652). The preamble language from this section in the proposed Federal plan for CISWI was reaffirmed in the final Federal plan for CISWI, October 3, 2003 (68 FR 57518, 57535). 15 If the Administrator chooses to retain certain authorities under a standard, those authorities cannot be delegated, e.g., major alternatives to test alternative methods. As mentioned above, a state, local, or tribal agency title V program necessarily includes the authority to incorporate CAA section 111/129 requirements into its title V permits, and implement and enforce these requirements in that context without first taking delegation of the CAA section 111/129 Federal plan. 16 Some states, local governments, or tribes, however, may not be able to implement and enforce a CAA section 111/129 standard in a title V permit under state, local, or tribal law until the CAA section 111/129 standard has been delegated. In these situations, a state, local, or tribal agency should not issue a 40 CFR part 70 permit to a source subject to a Federal plan before taking delegation of the section 111/129 Federal plan. 16 The EPA interprets the phrase “assure compliance” in CAA section 502(b)(5)(A) to mean that permitting authorities will implement and enforce each applicable standard, regulation, or requirement which must be included in the title V permits that the permitting authorities issue. See definition of “applicable requirement” in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1). However, if a state or tribe can provide an Attorney General's (AG) opinion delineating its authority to incorporate CAA section 111/129 requirements into its title V permits, and then implement and enforce these requirements through its title V permits without first taking delegation of the requirements, then a state, local, or tribal agency does not need to take delegation of the CAA section 111/129 requirements for purposes of title V permitting. 17 In practical terms, without approval of a state or tribal plan, delegation of a Federal plan, or an adequate AG's opinion, states, local governments, and tribes with approved 40 CFR part 70 permitting programs open themselves up to potential questions regarding their authority to issue permits containing CAA section 111/129 requirements and to assure compliance with these requirements. Such questions could lead to the issuance of a notice of deficiency for a state's or tribe's 40 CFR part 70 program. As a result, prior to a state, local, or tribal permitting authority drafting a part 70 permit for a source subject to a CAA section 111/129 Federal plan, the state, local government, or tribe, the EPA regional office and the source in question are advised to ensure that delegation of the relevant Federal plan has taken place or that the permitting authority has provided an adequate AG's opinion to the EPA Regional office. 17 It is important to note that an AG's opinion submitted at the time of initial title V program approval is sufficient if it demonstrates that a state or tribe has adequate authority to incorporate CAA section 111/129 requirements into its title V permits and to implement and enforce these requirements through its title V permits without delegation and no subsequent state law or regulation has in some way limited that authority. In addition, if a permitting authority chooses to rely on an AG's opinion and not take delegation of a Federal plan, a CAA section 111/129 source subject to the Federal plan in that state must simultaneously submit to both the EPA and the state, local government, or tribe all reports required by the standard to be submitted to the EPA. Given that these reports are necessary to implement and enforce the CAA section 111/129 requirements when they have been included in title V permits, the permitting authority needs to receive these reports at the same time as the EPA. In the situation where a permitting authority chooses to rely on an AG's opinion and not take delegation of a Federal plan, the EPA regional offices will be responsible for implementing and enforcing CAA section 111/129 requirements outside of any title V permits. Moreover, in this situation, the EPA regional offices will continue to be responsible for developing progress reports and conducting any other administrative functions required under this Federal plan or any other CAA section 111/129 Federal plan. See section IV.B of this preamble, titled “What are the final compliance schedules?” It is important to note that the EPA is not using its authority under 40 CFR 70.4(i)(3) to request that all states, local governments, and tribes that do not take delegation of this Federal plan submit supplemental AG's opinions at this time. However, the EPA regional offices shall request, and permitting authorities shall provide, such opinions when the EPA questions a state's or tribe's authority to incorporate CAA section 111/129 requirements into a title V permit and implement and enforce these requirements in that context without delegation. VIII. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review This action is not a significant regulatory action as defined under section 3(f)(1) of Executive Order 12866, as amended by Executive Order 14094, and was therefore not subject to a requirement for Executive Order 12866 review. B. Paperwork Reduction Act (PRA) The information collection activities in this rule will be submitted for approval to the Office of Management and Budget (OMB) under the PRA. The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number 2385.09. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them. This action finalizes the CISWI Federal plan to implement the EG adopted on February 7, 2013, 18 for those states that do not have a fully approved state plan implementing the EG. While there were amendments to the 2013 rule on June 23, 2016, and April 16, 2019, neither of those final actions imposed any new information collection burden under the PRA ( see 81 FR 40969 and 84 FR 15852, respectively). OMB has previously approved the information collection activities contained in the existing regulation and has assigned OMB Control number 2060-0664 for 40 CFR part 60, subpart DDDD. While this action is believed to result in no changes to the information collection requirements of the 2013 CISWI rule, it does implement the CISWI standards to a subset of existing units that will be regulated by implementing this final action. Therefore, in addition to the total burden, the EPA is presenting an estimate of the subset of the CISWI respondent universe and burden that will be subject to the CISWI Federal plan instead of being regulated under an approved state plan for the CISWI EG. These estimates are provided below. 18 See 78 FR 9112, February 7, 2013. Respondents/affected entities: Owners and operators of existing CISWI. Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart DDDD, and 40 CFR part 62, subpart III, now at 40 CFR part 62, subpart IIIa). Estimated number of respondents: The annual number of responding facilities complying with the requirements of the CISWI EG is 76. Of the total, 40 are subject to this final rule's implementation of the CISWI EG per 40 CFR part 62, subpart III, now at 40 CFR part 62, subpart IIIa. Frequency of response: Initially, annually, and semiannually. Total estimated burden: The annual recordkeeping and reporting burden for responding facilities to comply with all of the requirements in the CISWI EG, averaged over the 3 years of this ICR, is estimated to be 8,660 hours. Of these, 4,420 hours (per year) is the portion of the burden to comply with this final rule's portion of implementing the CISWI EG. Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The annual recordkeeping and reporting cost for responding facilities to comply with all of the requirements in the CISWI EG, averaged over the 3 years of this ICR, is estimated to be $13,300,000 (per year), including $12,300,000 annualized capital or operation and maintenance costs. Of the CISWI total, $3,700,000 (per year) is the portion of the cost to comply with this final rule's portion of implementing the CISWI EG, including $3,200,000 in annualized capital or operation and maintenance costs. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves this ICR, the Agency will announce the approval in the Federal Register and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in this final rule. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the EPA concludes that the impact of concern for this rule is any significant adverse economic impact on small entities. The agency is certifying that this rule will not have a significant economic impact on a substantial number of small entities because the rule implements the EG for owners of existing CISWI that were established by the February 7, 2013, final rule (78 FR 9112), and that rule was certified as not having a significant economic impact on a substantial number of small entities. This action establishes a Federal plan to implement and enforce those requirements in those states that do not have their own EPA-approved state plan for implementing and enforcing the requirements. We have, therefore, concluded that this action will have no net regulatory burden for all directly regulated small entities beyond those considered for the CISWI EG. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. The EPA is not aware of any CISWI owned or operated by Indian tribal governments at the time of the publication of this document. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive order. Therefore, this action is not subject to Executive Order 13045 because it implements a previously promulgated emission guidelines. Furthermore, the EPA's Policy on Children's Health does not apply to this action because it implements a technology-based standard and does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Orders 12866. I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 This action involves technical standards. Please reference table 6 of this preamble for the locations where these standards are available. The EPA has decided to use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses,” for its manual methods of measuring the oxygen or carbon dioxide content of the exhaust gas. These parts of ASME PTC 19.10-1981 are acceptable alternatives to EPA Methods 6 and 7 for the manual procedures only. The manual method segment of the oxygen determination is performed through the absorption of oxygen. This method is available at the American National Standards Institute (ANSI), 1899 L Street NW, 11th Floor, Washington, DC 20036 and the American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990. See https://www.ansi.org and https://www.asme.org. The standard is available to everyone at a cost determined by ANSI/ASME ($80). ANSI/ASME also offer memberships or subscriptions for reduced costs. The cost of obtaining this method is not a significant financial burden, making the method reasonably available. Another voluntary consensus standard (VCS), ASTM D6784-24, “Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)”, for its manual method of measuring mercury is an acceptable alternative to Method 29 and 30B. Initially developed for the measurement of mercury in coal-fired power plants, this method has been used on other combustion sources such as the waste incinerators subject to this rule. This method is available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106, (877) 909-2786, https://www.astm.org /. The standard is available to everyone at a cost determined by ASTM ($90). The cost of obtaining this method is not a significant financial burden, making the method reasonably available. The EPA further determined to use Office of Air Quality Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997, for its guidance on the use of triboelectric monitors as bag leak detectors for a fabric filter air pollution control device and monitoring system decriptions, selection, installation, set up, adjustment, operation, and quality assurance procedures. This standard is available from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167, https://www.epa.gov or https://www3.epa.gov/ttnemc01/cem/tribo.pdf. The EPA determined that this standard is reasonably available because it is freely available from the EPA. Lastly, the EPA decided to use EPA Methods 5, 6, 6C, 7, 7E, 9, 10, 10A, 10B, 22, 23, 26A, 29, and 30B. No VCS were found for EPA Methods 9 and 22. While the EPA has identified 23 VCS as being potentially applicable to the rule, we have decided not to use these VCS in this rulemaking. The use of these VCS would be impractical because they do not meet the objectives of the standards cited in this rule. See the docket for the final CISWI EG (Docket ID No. EPA-HQ-OAR-2003-0119), which are being implemented under this action, for further information. Under 40 CFR 62.14838 (now at 40 CFR 62.14775a), the EPA Administrator retains the authority of approving alternate methods of demonstrating compliance as established under 40 CFR 60.8(b) and 60.13(i) (subpart A (NSPS General Provisions)). A source may apply to the EPA for permission to use alternative test methods or alternative monitoring requirements in place of any required EPA test methods, performance specifications, or procedures. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All The EPA believes that it is not practicable to assess whether the human health or environmental conditions that exist prior to this action result in disproportionate and adverse effects on communities with environmental justice concerns. This action implements the final CISWI EG, which was published in 2013. At that time, no analysis was performed on the inventory of units and proximity to communities with existing environmental justice concerns. The EPA believes that this action is not likely to result in new disproportionate and adverse effects on communities with environmental justice concerns. The information supporting this Executive order review is contained in this preamble section, as well as the final CISWI EG discussion for Executive Order 12898 (78 FR 9178, February 7, 2013). This Federal plan implements the final CISWI EG for states that do not have a fully approved state plan implementing the final CISWI EG. As discussed in the preamble to the 2013 CISWI rule, the final CISWI EG will not have disproportionately high and adverse human health or environmental effects on communities with EJ concerns because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any communities with EJ concerns. The amendments finalized in 2013 (made to the 2011 CISWI final rule), as well as subsequent amendments made in 2016 and 2019, do not relax the control measures on sources regulated by the CISWI rule, and, therefore, will not cause emissions increases from these sources. The February 2013 final CISWI rule will reduce emissions of all the listed hazardous air pollutants (HAP) emitted from this source when implemented either through an approved state plan or this final Federal plan. This includes emissions of Cd, HCl, Pb, and Hg. Other emissions reductions include reductions of criteria pollutants such as CO, NO X , PM (including particulate matter 2.5 microns or less), SO 2 , and NO X . SO 2 and NO X are precursors for the formation of particulate matter (diameter less than or equal to 2.5 micrometers (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. K. Congressional Review Act (CRA) This action is subject to the CRA and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Michael S. Regan, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 62 of the Code of Federal Regulations is amended as follows: 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. Subpart III—Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before November 30, 1999 2. Amend § 62.14510 by adding paragraph (d) to read as follows: § 62.14510 Am I subject to this subpart? (d) On and after January 10, 2025, CISWI will no longer be subject to the requirements of this subpart and instead will be subject to the requirements of subpart IIIa of this part. 3. Add subpart IIIa, consisting of §§ 62.14500a through 62.14780a, to read as follows: Subpart IIIa—Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010, and Have Not Been Modified or Reconstructed Since August 7, 2013 Sec. Introduction 62.14500a What is the purpose of this subpart? 62.14505a What are the principal components of this subpart? Applicability 62.14510a Am I subject to this subpart? 62.14515a Can my CISWI be covered by both a state plan and this subpart? 62.14520a How do I determine if my CISWI is covered by an approved and effective state or tribal plan? 62.14525a If my CISWI is not listed in the Federal plan inventory, am I exempt from this subpart? 62.14530a Can my combustion unit be exempt from this subpart? Compliance Schedule 62.14535a When must I comply with this subpart if I plan to continue operation of my CISWI? 62.14540a What must I do if I plan to permanently close my CISWI? 62.14545a What must I do if I close my CISWI and then restart it? Waste Management Plan 62.14550a What is a waste management plan? 62.14555a When must I submit my waste management plan? 62.14560a What should I include in my waste management plan? Operator Training and Qualification 62.14565a What are the operator training and qualification requirements? 62.14570a When must the operator training course be completed? 62.14575a How do I obtain my operator qualification? 62.14580a How do I maintain my operator qualification? 62.14585a How do I renew my lapsed operator qualification? 62.14590a What site-specific documentation is required? 62.14595a What if all the qualified operators are temporarily not accessible? Emission Limitations and Operating Limits 62.14600a What emission limitations must I meet and by when? 62.14605a What operating limits must I meet and by when? 62.14610a What if I do not use a wet scrubber, fabric filter, activated carbon injection, selective noncatalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations? Performance Testing 62.14615a How do I conduct the initial and annual performance test? 62.14620a How are the performance test data used? Initial Compliance Requirements 62.14625a How do I demonstrate initial compliance with the emission limitations and establish the operating limits? 62.14630a By what date must I conduct the initial performance test? 62.14635a By what date must I conduct the initial air pollution control device inspection? Continuous Compliance Requirements 62.14640a How do I demonstrate continuous compliance with the emission limitations and the operating limits? 62.14645a By what date must I conduct the annual performance test? 62.14650a By what date must I conduct the annual air pollution control device inspection? 62.14655a May I conduct performance testing less often? 62.14660a May I conduct a repeat performance test to establish new operating limits? Monitoring 62.14665a What monitoring equipment must I install and what parameters must I monitor? 62.14670a Is there a minimum amount of monitoring data I must obtain? Recordkeeping and Reporting 62.14675a What records must I keep? 62.14680a Where and in what format must I keep my records? 62.14685a What reports must I submit? 62.14690a When must I submit my waste management plan? 62.14695a What information must I submit following my initial performance test? 62.14700a When must I submit my annual report? 62.14705a What information must I include in my annual report? 62.14710a What else must I report if I have a deviation from the operating limits or the emission limitations? 62.14715a What must I include in the deviation report? 62.14720a What else must I report if I have a deviation from the requirement to have a qualified operator accessible? 62.14725a Are there any other notifications or reports that I must submit? 62.14730a In what form can I submit my reports? 62.14735a Can reporting dates be changed? Air Curtain Incinerators (ACIs) 62.14740a What is an air curtain incinerator? 62.14745a What must I do if I close my air curtain incinerator and then restart it? 62.14750a What must I do if I plan to permanently close my air curtain incinerator and not restart it? 62.14755a What are the emission limitations for air curtain incinerators? 62.14760a How must I monitor opacity for air curtain incinerators? 62.14765a What are the recordkeeping and reporting requirements for air curtain incinerators? Title V Requirements 62.14770a Am I required to apply for and obtain a title V operating permit for my unit? Delegation of Authority 62.14775a What authorities are withheld by the EPA Administrator? Definitions 62.14780a What definitions must I know? Table 1 to Subpart IIIa of Part 62—Operating Limits for Wet Scrubbers Table 2 to Subpart IIIa of Part 62—Toxic Equivalency Factors Table 3 to Subpart IIIa of Part 62—Summary of Reporting Requirements Table 4 to Subpart IIIa of Part 62—Model Rule—Emission Limitations That Apply to Incinerators On and After January 10, 2025 Table 5 to Subpart IIIa of Part 62—Model Rule—Emission Limitations That Apply to Energy Recovery Units After January 10, 2025 Table 6 to Subpart IIIa of Part 62—Model Rule—Emission Limitations That Apply to Waste-Burning Kilns After January 10, 2025 Table 7 to Subpart IIIa of Part 62—Model Rule—Emission Limitations That Apply to Small, Remote Incinerators After January 10, 2025 Introduction § 62.14500a What is the purpose of this subpart? (a) This subpart establishes emission requirements and compliance schedules for the control of emissions from commercial and industrial solid waste incineration units (CISWI) that are not covered, or are only partially covered, by an EPA approved and currently effective state or tribal plan. The pollutants addressed by the emission requirements in this subpart are listed in tables 4 through 7 to this subpart. The emission requirements in this subpart were developed in accordance with sections 111 and 129 of the Clean Air Act and 40 CFR part 60, subpart B. (b) In this subpart, “you” means the owner or operator of a CISWI. § 62.14505a What are the principal components of this subpart? This subpart contains the ten major components listed in paragraphs (a) through (j) of this section. (a) Waste management plan. (b) Operator training and qualification. (c) Emission limitations and operating limits. (d) Performance testing. (e) Initial compliance requirements. (f) Continuous compliance requirements. (g) Monitoring. (h) Recordkeeping and reporting. (i) Definitions. (j) Tables. Applicability § 62.14510a Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a CISWI as defined in § 62.14780a or an air curtain incinerator as defined in § 62.14780a and the CISWI or air curtain incinerator meets the criteria described in paragraphs (a)(1) through (3) of this section. (1) Construction of your CISWI or air curtain incinerator commenced on or before June 4, 2010, and have not been modified or reconstructed since August 7, 2013. (2) Your CISWI is not exempt under § 62.14530a. (3) Your CISWI is not regulated by an EPA approved and currently effective state or tribal plan, or your CISWI is located in any state whose approved state or tribal plan is only approved in part. In the case of a state or tribal program that is approved in part, the Federal plan applies to affected CISWI in lieu of the disapproved portions of the state or tribal program until the state or tribe plan addresses the deficiencies and the revised plan is approved by the EPA. (b) If changes to the CISWI are made after August 7, 2013, that meet the definition of modification or reconstruction in this subpart, your CISWI is subject to 40 CFR part 60, subpart CCCC, and this subpart no longer applies to that unit. (c) If you make physical or operational changes to your existing CISWI primarily to comply with this subpart, then such changes do not qualify as modifications or reconstructions under 40 CFR part 60, subpart CCCC. § 62.14515a Can my CISWI be covered by both a state plan and this subpart? (a) If your CISWI is located in a state that does not have an EPA-approved state plan or your state's plan has not become effective, this subpart applies to your CISWI until the EPA approves a state plan that covers your CISWI and that state plan becomes effective. However, a state may enforce the requirements of a state regulation while your CISWI is still subject to this subpart. (b) After the EPA fully approves a state plan covering your CISWI, and after that state plan becomes effective, you will no longer be subject to this subpart and will only be subject to the approved and effective state plan. If the state or tribal plan are only approved in part, you will remain subject to the Federal plan to the extent necessary to address the deficiencies in the disapproved portions of the state or tribal plan. § 62.14520a How do I determine if my CISWI is covered by an approved and effective state or tribal plan? This part contains a list of state and tribal areas with approved Clean Air Act section 111(d) and section 129 plans along with the effective dates for such plans. The list is published annually. If this part does not indicate that your state or tribal area has an approved and effective plan, you should contact your state environmental agency's air director or your EPA Regional Office to determine if the EPA has approved a state plan covering your CISWI since publication of the most recent version of this subpart. § 62.14525a If my CISWI is not listed in the Federal plan inventory, am I exempt from this subpart? Any CISWI that meets the applicability criteria in § 62.14510a is required to comply with the applicable emissions guidelines even if the source is not listed in the Federal plan or otherwise applicable state or tribal plan inventory. CISWI subject to this subpart are not limited to the inventory of sources listed in Docket EPA-HQ-OAR-2016-0664 for the Federal plan. If your CISWI meets the applicability criteria in § 62.14510a, this subpart applies to you whether or not your CISWI is listed in the Federal plan inventory in the docket. § 62.14530a Can my combustion unit be exempt from this subpart? This subpart exempts 11 types of units, described in paragraphs (a) through (k) of this section, from complying with the requirements of this subpart with the exception of the requirements specified in this section. (a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in § 62.14785a are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section. (1) Notify the Administrator that the unit meets the criteria in this paragraph (a). (2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. (b) Municipal waste combustion units. Incineration units that are regulated under 40 CFR part 60, subpart Ea, Eb, Cb, AAAA, or BBBB or subpart JJJ of this part. (c) Medical waste incineration units. Incineration units regulated under 40 CFR part 60, subparts Ec and Ce and subpart HHH of this part. (d) Small power production facilities. Units that meet the four requirements specified in paragraphs (d)(1) through (4) of this section. (1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)). (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity. (3) You submit documentation to the Administrator notifying the Agency that the qualifying small power production facility is combusting homogenous waste. (4) You must maintain the records specified in § 62.14675a(t). (e) Cogeneration facilities. Units that meet the four requirements specified in paragraphs (e)(1) through (4) of this section. (1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)). (2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for 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 § 62.14675a(u). (f) Hazardous waste combustion units. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act. (g) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. (h) Air curtain incinerators. Air curtain incinerators that burn 100 percent wood waste; 100 percent clean lumber; or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste; are required to meet only the requirements under §§ 62.14740a through 62.14765a and 62.14770a. (i) Sewage treatment plants. Incineration units regulated under 40 CFR part 60, subpart O. (j) Sewage sludge incineration units. Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to 40 CFR part 60, subpart LLLL or MMMM. (k) Other solid waste incineration units. Incineration units that are subject to 40 CFR part 60, subpart EEEE or FFFF. (l) Small, remote incinerators. Incineration units located in the State of Alaska are not subject to this subpart as specified in the Consolidated Appropriations Act of 2024, H.R. 4366, section 432. Compliance Schedule § 62.14535a When must I comply with this subpart if I plan to continue operation of my CISWI? (a) If you plan to continue operation of your CISWI, then you must follow the requirements in paragraph (b) of this section. (b) If you plan to continue operation and come into compliance with the requirements of this subpart by January 10, 2025, then you must complete the requirements of paragraphs (b)(1) through (5) of this section. (1) You must comply with the operator training and qualification requirements and inspection requirements (if applicable) of this subpart by January 10, 2025. (2) You must submit a waste management plan no later than January 10, 2025. (3) You must achieve final compliance by January 10, 2025. To achieve final compliance, you must incorporate all process changes and complete retrofit construction of control devices, so that, if the affected CISWI is brought online, all necessary process changes and air pollution control devices would operate as designed. (4) You must conduct the initial performance test within 180 days after the date when you are required to achieve final compliance under paragraph (b)(3) of this section. (5) You must submit an initial report including the results of the initial performance test no later than 60 days following the initial performance test ( see §§ 62.14675a through 62.14735a for complete reporting and recordkeeping requirements). § 62.14540a What must I do if I plan to permanently close my CISWI? If you plan to permanently close your CISWI rather than comply with the Federal plan, you must submit a legally binding closure agreement, including the date of closure, to the Administrator by January 10, 2025, for sources that will not operate on or after the compliance date under this subpart. § 62.14545a What must I do if I close my CISWI and then restart it? If you close your CISWI but restart it after January 10, 2025, for the purpose of continuing operation of the your CISWI, you must complete emission control retrofits and meet the emission limitations and operating limits on the date your unit restarts operation. Waste Management Plan § 62.14550a What is a waste management plan? A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste. § 62.14555a When must I submit my waste management plan? You must submit a waste management plan no later than January 10, 2025, or six months prior to commencing or recommencing burning solid waste, whichever is later. § 62.14560a What should I include in my waste management plan? A waste management plan must include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan must identify any additional waste management measures, and the source must implement those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have. Operator Training and Qualification § 62.14565a What are the operator training and qualification requirements? (a) You must have a fully trained and qualified CISWI operator accessible at all times when the unit is in operation, either at your facility or able to be at your facility within one hour. The trained and qualified CISWI operator may operate the CISWI directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI operators are temporarily not accessible, you must follow the procedures in § 62.14595a. (b) Operator training and qualification must be obtained through a state-approved program or by completing the requirements included in paragraph (c) of this section. (c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (3) of this section. (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) through (xi) of this section. (i) Environmental concerns, including types of emissions. (ii) Basic combustion principles, including products of combustion. (iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures. (iv) Combustion controls and monitoring. (v) Operation of air pollution control equipment and factors affecting performance (where applicable). (vi) Inspection and maintenance of the incinerator and air pollution control devices. (vii) Actions to correct malfunctions or conditions that may lead to malfunction. (viii) Bottom and fly ash characteristics and handling procedures. (ix) Applicable Federal, state, and local regulations, including Occupational Safety and Health Administration workplace standards. (x) Pollution prevention. (xi) Waste management practices. (2) An examination designed and administered by the instructor. (3) Written material covering the training course topics that can serve as reference material following completion of the course. § 62.14570a When must the operator training course be completed? The operator training course must be completed by the later of the three dates specified in paragraphs (a) through (c) of this section. (a) January 10, 2025. (b) Six months after CISWI startup; or (c) Six months after an employee assumes responsibility for operating the CISWI or assumes responsibility for supervising the operation of the CISWI. § 62.14575a How do I obtain my operator qualification? (a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 62.14565a(b). (b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 62.14565a(c)(2). § 62.14580a How do I maintain my operator qualification? To maintain qualification, you must complete an annual review or refresher course covering, at a minimum, the five topics described in paragraphs (a) through (e) of this section. (a) Update of regulations. (b) Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling. (c) Inspection and maintenance. (d) Responses to malfunctions or conditions that may lead to malfunction. (e) Discussion of operating problems encountered by attendees. § 62.14585a How do I renew my lapsed operator qualification? You must renew a lapsed operator qualification by one of the two methods specified in paragraphs (a) and (b) of this section. (a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in § 62.14580a. (b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 62.14575a(a). § 62.14590a What site-specific documentation is required? (a) Documentation must be available at the facility and readily accessible for all CISWI operators that addresses the ten topics described in paragraphs (a)(1) through (10) of this section. You must maintain this information and the training records required by paragraph (c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request. (1) Summary of the applicable standards under this subpart. (2) Procedures for receiving, handling, and charging waste. (3) Incinerator startup, shutdown, and malfunction procedures. (4) Procedures for maintaining proper combustion air supply levels. (5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart. (6) Monitoring procedures for demonstrating compliance with the incinerator operating limits. (7) Reporting and recordkeeping procedures. (8) The waste management plan required under §§ 62.14550a through 62.14560a. (9) Procedures for handling ash. (10) A list of the wastes burned during the performance test. (b) You must establish a program for reviewing the information listed in paragraph (a) of this section with each employee who operates your incinerator. (1) The initial review of the information listed in paragraph (a) of this section must be conducted by the later of the three dates specified in paragraphs (b)(1)(i) through (iii) of this section. (i) January 10, 2025. (ii) Six months after CISWI startup. (iii) Six months after being assigned to operate the CISWI. (2) Subsequent annual reviews of the information listed in paragraph (a) of this section must be conducted no later than 12 months following the previous review. (c) You must also maintain the information specified in paragraphs (c)(1) through (3) of this section. (1) Records showing the names of all plant personnel who operate your CISWI who have completed review of the information in paragraph (a) of this section as required by paragraph (b) of this section, including the date of the initial review and all subsequent annual reviews. (2) Records showing the names of all plant personnel who operate your CISWI who have completed the operator training requirements under § 62.14565a, met the criteria for qualification under § 62.14575a, and maintained or renewed their qualification under § 62.14580a or § 62.14585a. Records must include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications. (3) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours. § 62.14595a What if all the qualified operators are temporarily not accessible? If all qualified operators are temporarily not accessible ( i.e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs (a) and (b) of this section, depending on the length of time that a qualified operator is not accessible. (a) When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI may be operated by other plant personnel familiar with the operation of the CISWI who have completed a review of the information specified in § 62.14590a(a) within the past 12 months. However, you must record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under § 62.14705a. (b) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in paragraphs (b)(1) and (2) of this section. (1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible. (2) Submit a status report to the Administrator every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible and requesting approval from the Administrator to continue operation of the CISWI. You must submit the first status report 4 weeks after you notify the Administrator of the deviation under paragraph (b)(1) of this section. If the Administrator notifies you that your request to continue operation of the CISWI is disapproved, the CISWI may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in paragraphs (b)(2)(i) and (ii) of this section. (i) A qualified operator is accessible as required under § 62.14565a(a). (ii) You notify the Administrator that a qualified operator is accessible and that you are resuming operation. Emission Limitations and Operating Limits § 62.14600a What emission limitations must I meet and by when? (a) You must meet the emission limitations for each CISWI, including bypass stack or vent, specified in tables 4 through 7 to this subpart by January 10, 2025. The emission limitations apply at all times the unit is operating including and not limited to startup, shutdown, or malfunction. (b) Units that do not use wet scrubbers must maintain opacity to less than or equal to the percent opacity (three 1-hour blocks consisting of ten 6-minute average opacity values) specified in table 4 to this subpart, as applicable. § 62.14605a What operating limits must I meet and by when? (a) If you use a wet scrubber to comply with the emission limitations in § 62.14600a, you must establish operating limits for up to four operating parameters (as specified in table 1 to this subpart) as described in paragraphs (a)(1) through (4) of this section during the initial performance test. (1) Maximum charge rate, calculated using one of the two different procedures in paragraph (a)(1)(i) or (ii) of this section, as appropriate. (i) For continuous and intermittent units, maximum charge rate is 110 percent of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (ii) For batch units, maximum charge rate is 110 percent of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (2) Minimum pressure drop across the wet particulate matter scrubber, which is calculated as the lowest 1-hour average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as the lowest 1-hour average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. (3) Minimum scrubber liquor flow rate, which is calculated as the lowest 1-hour average liquor flow rate at the inlet to the wet acid gas or particulate matter scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-hour average liquor pH at the inlet to the wet acid gas scrubber measured during the most recent performance test demonstrating compliance with the hydrogen chloride (HCl) emission limitation. (b) You must meet the operating limits established on the date that the performance test report is submitted to the EPA's Central Data Exchange or postmarked, per the requirements of § 62.14730a(b). (c) If you use a fabric filter to comply with the emission limitations in § 62.14600a and you do not use a particulate matter (PM) continuous parameter monitoring system (CPMS) for monitoring PM compliance, you must operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during any 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action. (d) If you use an electrostatic precipitator (ESP) to comply with the emission limitations in § 62.14600a and you do not use a PM CPMS for monitoring PM compliance, you must measure the (secondary) voltage and amperage of the electrostatic precipitator collection plates during the particulate matter performance test. Calculate the average electric power value (secondary voltage × secondary current = secondary electric power) for each test run. The operating limit for the electrostatic precipitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. (e) If you use activated carbon sorbent injection to comply with the emission limitations in § 62.14600a, you must measure the sorbent flow rate during the performance testing. The operating limit for the carbon sorbent injection is calculated as the lowest 1-hour average sorbent flow rate measured during the most recent performance test demonstrating compliance with the mercury emission limitations. For energy recovery units (ERU), when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection rate ( e.g., for 50 percent load, multiply the injection rate operating limit by 0.5). (f) If you use selective noncatalytic reduction to comply with the emission limitations in § 62.14600a, you must measure the charge rate, the secondary chamber temperature (if applicable to your CISWI), and the reagent flow rate during the nitrogen oxides (NO X ) performance testing. The operating limits for the selective noncatalytic reduction are calculated as the highest 1-hour average charge rate, lowest secondary chamber temperature, and lowest reagent flow rate measured during the most recent performance test demonstrating compliance with the nitrogen oxides emission limitations. (g) If you use a dry scrubber to comply with the emission limitations in § 62.14600a, you must measure the injection rate of each sorbent during the performance testing. The operating limit for the injection rate of each sorbent is calculated as the lowest 1-hour average injection rate of each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitations. For energy recovery units, when your unit operates at lower loads, multiply your sorbent injection rate by the load fraction, as defined in this subpart, to determine the required injection [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2024-26650. Public record. Not legal advice.