[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Rules and Regulations]
[Page 74869-74924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de05-19]
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Part II
Environmental Protection Agency
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40 CFR Part 60
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration Units;
Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0156; FRL-8005-5]
RIN 2060-AG31
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is promulgating new source performance standards (NSPS)
and emission guidelines for new and existing ``other'' solid waste
incineration units (OSWI). The final rules for OSWI units fulfill the
requirements of sections 111 and 129 of the Clean Air Act (CAA), which
require EPA to promulgate NSPS and emission guidelines for solid waste
incineration units. The final rules, which address only the
incineration of nonhazardous solid wastes, will protect public health
by reducing exposure to air pollution.
DATES: Amendments to Sec. 60.17 are effective February 14, 2006. The
standards for new sources in subpart EEEE of 40 CFR part 60 (sections
60.2880 through 60.2977) are effective June 16, 2006. The incorporation
by reference of certain publications listed in the NSPS is approved by
the Director of the Federal Register as of June 16, 2006. The emission
guidelines for existing sources in subpart FFFF of 40 CFR part 60
(sections 60.2980 through 60.3078) are effective February 14, 2006. The
incorporation by reference of certain publications listed in the
emission guidelines is approved by the Director of the Federal Register
as of February 14, 2006.
ADDRESSES: Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2003-0156. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information 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 either electronically through http://www.regulations.gov or
in hard copy at EPA Docket Center (EPA/DC), EPA West Building, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the EPA Docket
Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Johnson, Combustion Group,
Emission Standards Division (C439-01), U.S. EPA, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-5025; e-mail
address: johnson.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by the final rules are very small municipal waste combustion (VSMWC)
units and institutional waste incineration (IWI) units. The final OSWI
emission guidelines and NSPS potentially affect the following
categories of sources:
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Examples of potentially regulated
Category NAICS code SIC code entities
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Any State, local, or Tribal government 562213, 92411 4953, 9511 Solid waste combustion units
using a VSMWC unit as defined in the burning municipal waste collected
regulations. from the general public and from
residential, commercial,
institutional, and industrial
sources.
Institutions using an IWI unit as defined 922, 6111, 9223, 8211, Correctional institutions, primary
in the regulations. 623, 7121 7999 and secondary schools, camps and
national parks.
Any Federal government agency using an OSWI 928 9711 Department of Defense (labs,
unit as defined in the regulations. military bases, munitions
facilities).
Any college or university using an OSWI 6113, 6112 8221, 8222 Universities, colleges and
unit as defined in the regulations. community colleges.
Any church or convent using an OSWI unit as 8131 8661 Churches and convents.
defined in the regulations.
Any civic or religious organization using 8134 8641 Civic association and fraternal
an OSWI unit as defined in the regulations. associations.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the
final rules. To determine whether your facility is regulated by the
final rules, you should examine the applicability criteria in the NSPS
for new sources located at 40 CFR 60.2885 through 60.2888 of subpart
EEEE, and in the emission guidelines for existing sources located at 40
CFR 60.2991 through 60.2994 of subpart FFFF. If you have any questions
regarding the applicability of the final rules to a particular entity,
contact the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Docket. The docket number for the final NSPS (40 CFR part 60,
subpart EEEE) and emission guidelines (40 CFR part 60, subpart FFFF) is
Docket ID No. EPA-HQ-OAR-2003-0156.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rules is available on the WWW through
the Technology Transfer Network Website (TTN Web). Following signature,
EPA will post a copy of the final rules on the TTN's policy and
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology
exchange in various areas of air pollution control.
Judicial Review. Under CAA section 307(b)(1), judicial review of
the final rules is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia by February 14,
2006. Under CAA section 307(d)(7)(B), only an objection to the final
rules that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
CAA section 307(b)(2), the requirements established by today's final
action may not be challenged separately in any civil or criminal
proceedings brought by EPA to enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[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
[[Page 74871]]
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 the EPA should submit a Petition for Reconsideration
to the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios
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 Director of the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200
Pennsylvania Ave., NW., Washington, DC 20004.
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
I. Background
II. Summary of the Final Rules
A. Do the final rules apply to me?
B. What emission limits must I meet?
C. What operating limits must I meet?
D. What are the other requirements?
E. What are the requirements for air curtain incinerators?
F. What title V permit requirements must I meet?
III. What are the changes to the rules since proposal?
IV. Significant Issues and Changes-Public Comments
A. Applicability
B. Definitions
C. MACT Floors and Emission Limits
D. Title V Operating Permits
E. Testing
F. Impacts
V. Impacts of the Final Rules
A. What are the impacts for new units?
B. What are the impacts for existing units?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Background
Section 129 of the CAA, entitled ``Solid Waste Combustion,''
requires EPA to develop and adopt NSPS and emission guidelines for
solid waste incineration units pursuant to CAA section 111. Section
111(b) of the CAA requires EPA to establish NSPS for new sources, and
CAA section 111(d) requires EPA to establish procedures for States to
submit plans for implementing emission guidelines for existing sources.
Under CAA section 111, NSPS and emission guidelines must be developed
for new and existing stationary sources that cause or contribute
significantly to air pollution that may reasonably be anticipated to
endanger public health or welfare.
Congress specifically added section 129 to the CAA to address
concerns about emissions from solid waste combustion units. Section
129(a)(1) of the CAA identifies five categories of solid waste
incineration units:
(1) Units with a capacity of greater than 250 tons per day (tpd)
combusting municipal waste;
(2) Units with a capacity equal to or less than 250 tpd combusting
municipal waste;
(3) Units combusting hospital, medical and infectious waste;
(4) Units combusting commercial or industrial waste; and
(5) Unspecified ``other categories of solid waste incineration
units.''
Section 129(g)(1) of the CAA identifies several types of units that
are not solid waste incineration units, including units required to
have a permit under section 3005 of the Solid Waste Disposal Act
(SWDA); materials recovery facilities; certain qualifying small power
production facilities or qualifying cogeneration facilities which burn
homogeneous waste; and certain air curtain incinerators that meet
opacity limitations established by EPA.
For each category of incineration unit identified under CAA section
129, EPA must establish numerical emission limits for at least nine
specified pollutants (particulate matter (PM), sulfur dioxide
(SO2), hydrogen chloride (HC1), nitrogen oxides
(NOX), carbon monoxide (CO), lead (Pb), cadmium (Cd),
mercury (Hg), and dioxins and dibenzofurans), and for opacity as
appropriate. Section 129 of the CAA provides EPA with the discretion to
establish emission limitations for other pollutants as well. (See CAA
section 129(a)(4).)
Under CAA section 129, the NSPS and emission guidelines adopted for
solid waste combustion units must reflect the maximum achievable
control technology (MACT). Accordingly, EPA=s standards under CAA
section 129 must ``reflect the maximum degree of reduction in emissions
of [the listed] air pollutants * * * that the Administrator, taking
into consideration the cost of achieving such emissions reductions, and
any non-air quality health and environmental impacts and energy
requirements, determines is achievable for new or existing units in
each category * * *.'' (See CAA section 129(a)(2).) However, the
standards for new units must not be less stringent than the emissions
control that is achieved in practice by the best controlled similar
unit, and the standards for existing sources must not be less stringent
than the average emissions limitations achieved by the best performing
12 percent of units in the category.
EPA previously developed regulations for each of the listed
categories of solid waste incineration unit except for the undefined
``other categories of solid waste incineration units.'' Four notices
have been published regarding OSWI regulatory development (58 FR 31358,
June 2, 1993; 58 FR 58498, November 2, 1993; 65 FR 67367, November 9,
2000; 69 FR 71472, December 9, 2004). In the November 9, 2000 notice,
EPA revised the OSWI regulatory schedule to include a November 2005
date for promulgation of final regulations. This deadline was
subsequently incorporated into a consent decree, requiring that EPA
propose regulations for the OSWI source category by November 30, 2004,
and promulgate final rules by November 30, 2005. On December 9, 2004,
EPA proposed NSPS and emission guidelines for OSWI units (69 FR 71472).
EPA received 26 public comment letters from a variety of sources,
consisting mainly of government agencies, environmental organizations,
incinerator manufacturers, and various incinerator owners/operators. By
today's notice EPA promulgates final regulations for ``other'' (or
OSWI) units.
II. Summary of the Final Rules
A. Do the final rules apply to me?
The final OSWI rules apply to you if you own or operate either of
the following:
(1) An incineration unit with a capacity less than 35 tpd burning
municipal solid waste (MSW) (as defined in CAA section 129, 40 CFR
60.2977 of subpart EEEE, and 40 CFR 60.3078 of subpart FFFF); or
(2) An incineration unit located at an institutional facility
burning institutional waste (as defined in 40 CFR 60.2977 of subpart
EEEE and 40 CFR 60.3078 of subpart FFFF) generated at that facility.
Requirements for air curtain incineration units that would
otherwise be VSMWC or IWI units, but for the fact
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that they burn certain materials, are discussed later in this preamble.
If your incineration unit is currently meeting emission limitations and
other requirements of another CAA section 129 regulation (i.e., small
or large municipal waste combustion (MWC) units; hospital, medical,
infectious waste incineration (HMIWI) units; or commercial and
industrial solid waste incineration (CISWI) units), the final OSWI
rules do not apply to you. Likewise, if an institutional combustion
unit is covered under the CAA section 112 national emission standards
for hazardous air pollutants (NESHAP) for industrial, commercial, and
institutional boilers and process heaters (boilers NESHAP), it is not
subject to the final OSWI rules. Certain types of combustion units
listed in 40 CFR 60.2887 of subpart EEEE and 40 CFR 60.2993 of subpart
FFFF are also excluded from the final OSWI rules.
If you began construction of your incineration unit on or before
December 9, 2004, it is considered an existing unit and is subject to
the emission guidelines (40 CFR part 60, subpart FFFF). If you began
construction of your incineration unit after December 9, 2004, it is
considered a new unit and is subject to the NSPS (40 CFR part 60,
subpart EEEE).
If you began reconstruction or modification of your incineration
unit prior to June 16, 2006, it is considered an existing unit and is
subject to the emission guidelines. Likewise, if you begin
reconstruction or modification of your incineration unit on or after
June 16, 2006, it is considered a new unit and is subject to the NSPS.
B. What emission limits must I meet?
As the owner or operator of a new OSWI unit, you must meet the
emission limits specified in table 1 of this preamble. You must conduct
an initial performance test to show compliance within 60 days after a
new OSWI unit reaches the charge rate at which it will operate, but no
later than 180 days after the unit's initial startup.
As the owner or operator of an existing OSWI unit, you must meet
the emission limits specified in table 1 of this preamble within 3
years after the effective date of State plan approval or by a
compliance date to be established when EPA promulgates a Federal plan,
but no later than December 16, 2010. The December 16, 2010 deadline is
set by the statute. (See CAA section 129(f)). Thus, if EPA approves a
State plan in 2009, December 16, 2010 will still be the deadline for
complying. EPA plans to promulgate a Federal plan that will require
compliance by December 16, 2010 in those areas that fail to submit an
approvable State plan.
Table 1.--Emission Limits for New and Existing OSWI Units
------------------------------------------------------------------------
And determine
You must meet these compliance using
For these pollutants emission limits \a\ these methods \b\
\c\
------------------------------------------------------------------------
Cd.......................... 18 micrograms per EPA Method 29.
dry standard cubic
meter ([mu]g/dscm).
CO.......................... 40 parts per million EPA Methods 10, 10A
dry volume (ppmdv). or 10B.
Dioxins/Furans (total mass 33 nanograms per dry EPA Method 23.
basis). standard cubic
meter (ng/dscm).
HCl......................... 15 ppmdv............ EPA Method 26A.
Pb.......................... 226 [mu]g/dscm...... EPA Method 29.
Hg.......................... 74 [mu]g/dscm....... EPA Method 29.
Opacity..................... 10%................. EPA Method 9.
NOX......................... 103 ppmdv........... EPA Methods 7, 7A,
7C, 7D, or 7E. \d\
PM.......................... 0.013 grains per dry EPA Method 5 or 29.
standard cubic foot
(gr/dscf).
SO2......................... 3.1 ppmdv........... EPA Method 6 or 6C.
\e\
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\a\ All emission limits (except opacity) are measured at 7 percent
oxygen, dry basis at standard conditions.
\b\ These methods are in 40 CFR part 60, appendix A.
\c\ Compliance with the CO emission limit is determined on a 12-hour
rolling average basis using continuous emission monitoring system
data. Compliance for the other emission limits is determined by stack
testing.
\d\ ASME PTC 19-10-1981-Part 10 is an acceptable alternative to only
Methods 7 and 7C.
\e\ ASME PTC 19-10-1981-Part 10 is an acceptable alternative to only
Method 6.
C. What operating limits must I meet?
If you use a wet scrubber to comply with the emission limits, you
must establish the maximum and minimum site-specific operating limits
indicated in table 2 of this preamble. You must then operate the OSWI
unit so that the charge rate does not exceed the established maximum
charge rate. You must operate the wet scrubber so that the pressure
drop or amperage, scrubber liquor flow rate, and scrubber liquor pH do
not fall below the minimum established operating limits.
Table 2.--Operating Limits for New and Existing OSWI Units Using Wet
Scrubbers
------------------------------------------------------------------------
And monitor
You must establish continuously using
For these operating parameters these operating these recording
limits times
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Charge rate..................... Maximum charge Every hour.
rate.
Pressure drop across the wet Minimum pressure Every 15 minutes.
scrubber, or amperage to the drop or amperage.
wet scrubber.
Scrubber liquor flow rate....... Minimum flow rate. Every 15 minutes.
Scrubber liquor pH.............. Minimum pH........ Every 15 minutes.
------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average basis, except
charge rate for batch incinerators, which is determined on a 24-hour
basis.
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If you use an air pollution control device other than a wet
scrubber to comply with the emission limits, you must petition the EPA
for approval of other site-specific operating limits to be established
during the initial performance test and continuously monitored
thereafter. The information you must include in your petition is
described in 40 CFR 60.2917 of subpart EEEE and 40 CFR 60.3024 of
subpart FFFF.
D. What are the other requirements?
As the owner or operator of a new or existing OSWI unit, you must
meet the following additional requirements.
Siting Analysis (new units only):
Submit a report that evaluates site-specific air pollution
control alternatives that minimize potential risks to public health or
the environment, considering costs, energy impacts, non-air
environmental impacts, or any other factors related to the
practicability of the alternatives.
Waste Management Plan:
Submit 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 to reduce or eliminate toxic emissions from
incinerated waste.
Operator Training and Qualification Requirements:
Qualify operators or their supervisors (at least one per
facility) by ensuring that they complete an operator training course
and annual review or refresher course.
Testing Requirements:
Conduct initial performance tests for Cd, CO, dioxins/
furans, HCl, Pb, Hg, NOX, opacity, PM, and SO2
and establish operating limits (i.e., maximum or minimum values for
operating parameters).
Conduct annual performance tests for all nine pollutants
and opacity. (An owner or operator may conduct less frequent testing if
the facility demonstrates that it is in compliance with the emission
limits for three consecutive performance tests.)
Monitoring Requirements:
Continuously monitor CO emissions.
If using a wet scrubber to comply with the emission
limits, continuously monitor the following operating parameters: charge
rate, pressure drop across the wet scrubber (or amperage), and scrubber
liquid flow rate and pH.
If using something other than a wet scrubber to comply
with the emission limits, monitor other operating parameters, as
approved by the EPA.
Recordkeeping and Reporting Requirements:
Maintain for 5 years records of the initial performance
tests and all subsequent performance tests, operating parameters, any
maintenance, the siting analysis (for new units only), and operator
training and qualification. Each record must be kept on site for at
least 2 years. The records may be kept off site for the remaining 3
years.
Submit the results of the initial performance tests and
all subsequent performance tests and values for the operating
parameters.
Submit annual compliance reports and semiannual reports of
any deviations from the emission limits, operating limits, or other
requirements.
Apply for and obtain a title V operating permit.
E. What are the requirements for air curtain incinerators?
The final OSWI rules establish opacity limitations for air curtain
incineration units that would otherwise meet the definitions of IWI or
VSMWC units, but burn only:
100 percent wood wastes;
100 percent clean lumber;
100 percent yard waste; or
100 percent mixture of only wood waste, clean lumber, and/
or yard waste.
The opacity limit is 10 percent. However, 35 percent opacity is
allowed during startup periods that are within the first 30 minutes of
operation. Air curtain incinerators burning only these materials must
meet the opacity limits and certain monitoring, recordkeeping, and
reporting requirements, and must apply for and obtain a title V
operating permit.
Air curtain incinerators burning other institutional waste or
municipal waste must meet the requirements of the final OSWI rules
including all emission limits in table 1 of this preamble and the
associated testing, permitting, monitoring, recordkeeping, and
reporting requirements.
F. What title V permit requirements must I meet?
All new and existing OSWI units and air curtain incinerators
regulated by the final OSWI rules must apply for and obtain a title V
operating permit. These title V operating permits assure compliance
with all applicable Federal requirements for regulated incineration
units, including all applicable CAA section 129 requirements. (See 40
CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.)
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 permits program. If a
regulated incineration unit is a new unit and is not subject to an
earlier permit application deadline, a complete title V permit
application must be submitted on or before the relevant date below:
(1) For a unit that commenced operation as a new source on or
before December 16, 2005, a complete title V permit application must be
submitted not later than December 18, 2006; or
(2) For a unit that does not commence operation as a new source
until after December 16, 2005, a complete title V permit application
must be submitted not later than 12 months after the date the unit
commences operation as a new source. (See CAA section 503(c) and 40 CFR
70.5(a)(1)(i) and 71.5(a)(1)(i).)
If your incineration unit is an existing unit and is not subject to
an earlier permit application deadline, a complete title V permit
application must be submitted by the earlier of the following dates:
(1) Twelve months after the effective date of any applicable EPA-
approved CAA section 111(d)/129 plan (i.e., an approved State or Tribal
plan that implements the OSWI emission guidelines);
(2) Twelve months after the effective date of any applicable
Federal plan; or
(3) December 16, 2008.
For any existing incineration unit not subject to an earlier permit
application deadline, the application deadline of 36 months after the
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of
whether or when any applicable Federal plan is effective, or whether or
when any applicable CAA section 111(d)/129 plan is approved by EPA and
becomes effective. (See CAA sections 129(e), 503(c), 503(d), and 502(a)
and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).)
If your incineration unit is subject to title V as a result of some
triggering requirement(s) other than those mentioned above (for
example, a unit may be a major source or part of a major source), then
you may be required to apply for a title V operating permit for that
unit prior to the deadlines specified above. If more than one
requirement triggers a source's obligation to apply for a title V
operating permit, the 12-month timeframe for filing a title V permit
application is triggered by the requirement which first causes the
source to be subject to title V. (See 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).)
For additional background information on the interface between CAA
section 129 and title V, including EPA's interpretation of CAA section
129(e), information on updating existing
[[Page 74874]]
title V operating permit applications and reopening existing title V
permits, see the final Federal Plan for Commercial and Industrial Solid
Waste Incinerators, October 3, 2003 (68 FR 57518, 57532), as well as
the ``Summary of Public Comments and Responses'' document in the OSWI
docket (EPA-HQ-OAR-2003-0156).
III. What are the changes to the rules since proposal?
We made several revisions to the OSWI rules since proposal. As
previously stated, a summary of public comments and EPA's responses to
those comments is located in the docket. The following is a summary of
the most significant changes.
Definitions
Institutional facility. Replaced the term ``institution,''
as defined at proposal, with the term ``institutional facility'', which
was the term we intended to define. Clarified that the term
``institutional facility'' means land-based facility.
Institutional waste. Revised the definition of
``institutional waste'' to be clearer and to eliminate redundancy while
maintaining the same meaning as the proposed definition.
IWI unit and MWC unit. Revised the definitions of
``institutional waste incineration unit'' and ``municipal waste
combustion unit'' by adding ``cyclonic burn barrel'' as another example
of an incinerator design.
Clean lumber and wood waste. Clarified that the
definitions of ``clean lumber'' and ``wood waste'' exclude wood
products that contain adhesives.
Administrator and EPA. Revised the definition of
``Administrator'' and added a definition for the term ``EPA'' to
clarify our intent with respect to implementation of the final OSWI
rules. ``Administrator'' now means (1) For approved and effective State
section 111(d)/129 plans, the Director of the State air pollution
control agency, or his or her delegatee; (2) For Federal section
111(d)/129 plans, the Administrator of the EPA, an employee of the EPA,
the Director of the State air pollution control agency, or employee of
the State air pollution control agency to whom the authority has been
delegated by the Administrator of the EPA to perform the specified
task; and (3) For NSPS, the Administrator of the EPA, an employee of
the EPA, the Director of the State air pollution control agency, or
employee of the State air pollution control agency to whom the
authority has been delegated by the Administrator of the EPA to perform
the specified task. ``EPA'' means the Administrator of the EPA or
employee of the EPA that is delegated the authority to perform the
specified task.
Waste heat recovery. Clarified that ``waste heat
recovery'' occurs outside of the combustion firebox.
Exclusions
Rural IWI exclusion. Revised the rural IWI exclusion such
that in addition to the proposed requirement that the unit must be more
than 50 miles from the boundary of the nearest Metropolitan Statistical
Area (MSA), the unit must also be in an area ``where alternative
disposal options are not available or are economically infeasible.''
Also added provisions to require a facility to apply for the rural IWI
exclusion and reapply for this exclusion every 5 years.
Temporary-use exclusion. Added ice storms and high winds
to the list of example disasters. Clarified that this exclusion
includes air curtain incinerators. Restricted the exclusion to areas
where a local, State, or Federal declaration of emergency or disaster
has been proclaimed. Also revised the exclusion to require all
temporary-use incinerators to submit notification if they will be used
during a period that begins on the date the unit started operation and
lasts more than 8 weeks within the boundaries of the current disaster
area.
Prohibited goods exclusion. Limited the exclusion to
incinerators ``owned and/or operated by,'' not merely ``used by''
government agencies. Clarified that the exclusion applies only to goods
confiscated by a government agency.
National security exclusion. Determined that any IWI units
used solely during military training field exercises to destroy
national security materials integral to the field exercises are not
subject to the final OSWI rules. Added a provision to allow other IWI
units to apply for an exclusion if the units are used solely to destroy
national security materials and a reliable alternative to incineration
that would ensure acceptable destruction is not available.
Emission Limits
Carbon monoxide (CO) limit. Revised the limit from 5 parts
per million by volume (ppmv) to 40 ppmv on a 12-hour rolling average
basis.
Hydrogen chloride (HCl) limit. Revised the limit from 3.7
ppmv to 15 ppmv.
Testing
Added procedures to follow when performing Method 26A
tests that will improve accuracy for testing wet scrubber-equipped
incinerators.
Clarified annual testing requirements for air curtain
incinerators. If an air curtain incinerator has been out of operation
for more than 12 months, it must be tested upon startup.
Technical Corrections and Clarifications
In addition to the listed revisions, EPA made several
technical revisions to correct cross-referencing and typographical
errors and to improve clarity of the rules.
IV. Significant Issues and Changes--Public Comments
A. Applicability
We received several comments on the scope and applicability of the
proposed OSWI rules. These comments ranged from very specific ones
dealing with a certain category of units, to more overarching comments
concerning applicability of the OSWI rules in general. The following
paragraphs contain the major discussions regarding applicability;
additional details may be found in the summary of public comments and
responses document in the docket.
1. General Applicability of OSWI Rules
Two commenters expressed concern that the applicability of the
proposed rules is not broad enough and that too many source categories
are excluded or exempt from regulation. One commenter contended that
EPA's OSWI regulation must include CAA section 129 standards for every
category of solid waste incinerator that is not already regulated under
CAA section 129. The commenter contended that the CAA requires EPA to
set section 129 standards for any facility that combusts any solid
waste, with the exception of facilities specifically exempted under CAA
section 129(g)(1). The commenter made similar comments on most of the
excluded types of units, stating that they should be subject to
regulation under OSWI if they burn any nonhazardous waste. On the other
hand, another commenter expressed support for the rationale regarding
which sources will be regulated as OSWI units. The commenter urged EPA
to avoid any significant changes to this stated rationale.
The CAA is ambiguous regarding what categories of solid waste
incineration units must be regulated under section 129(a)(1)(E). After
discussing timelines for very specific categories of solid waste
incinerators (e.g., large and small municipal waste
[[Page 74875]]
combustors, commercial and industrial waste incinerators, and hospital
and medical waste incinerators), the CAA states only that EPA must
publish a schedule for promulgating standards for ``other categories of
solid waste incineration units.'' The statute does not unambiguously
require, as implied by commenters, that the OSWI standards must apply
to every other possible type of incineration unit burning any type of
solid waste. If Congress had intended such a clear directive, it could
have instructed EPA to regulate ``every'' other solid waste
incineration unit. Yet Congress did not use such unambiguous language,
leaving it to EPA to interpret the CAA in a reasonable manner.
Moreover, the position adopted by commenters would lead to absurd
results. Under their interpretation, a homeowner burning leaves in a
barrel in his or her backyard must be subject to a CAA section 129 rule
because the barrel is a unit combusting solid waste material. Congress
cannot have intended that EPA regulate such sources under section 129,
with all the attendant requirements. The language of section 129
suggests that Congress wanted to focus EPA's attention to specific,
larger incineration units (e.g., MWC units and CISWI units). Under this
commenter's interpretation of section 129, however, EPA would have to
establish MACT floors and emissions standards for dozens of different
types of small incineration units with potentially minimal
emissions.\1\ It takes an enormous effort and use of resources to
develop a MACT floor and write a section 129 standard, and Congress
cannot have meant that EPA would undertake that substantial effort a
multitude of times merely by instructing EPA to address ``other''
categories of solid waste incineration units (assuming EPA even has the
resources to undertake such efforts). Moreover, sources subject to
section 129 standards must obtain title V operating permits and
undertake extensive testing, monitoring, and recordkeeping even if EPA
does not require additional controls under the section 129 standard,
and regardless of the level of emissions from the sources. As noted
elsewhere, EPA estimates that the costs of these requirements alone can
more than quadruple the costs of owning and operating an incinerator.
Again, Congress cannot have intended that every ``incineration'' unit
as defined by the commenter, regardless of its size or its impact on
public health and the environment, would have to shoulder these burdens
merely by referencing an undefined ``other'' category of incineration
units at section 129(a)(1)(E). Thus, the instructions to EPA to
promulgate standards for ``other categories'' of solid waste
incinerators inherently include the authority for EPA to reasonably
delineate those ``other'' categories of solid waste incineration units.
---------------------------------------------------------------------------
\1\ Total emissions of the regulated air pollutants from all
units in the two subcategories regulated by the final OSWI rules are
estimated to total only 2,272 tons per year.
---------------------------------------------------------------------------
Thus, appropriately, the first step in EPA's rulemaking process was
determining what universe of sources will be subject to the
regulations. The statutory provisions of CAA sections 129(a), (g) and
(h) make it clear that EPA must, as a part of the regulatory process,
define which combustion units should be subject to regulation under CAA
section 129 and hence, to which categories of solid waste combustion
units the standards for ``other categories of solid waste incineration
units'' apply. For example, the reference in CAA section 129(g)(1) to a
permit issued under section 3005 of the SWDA, refers to units burning
hazardous solid waste. This effectively limits the scope of EPA's
authority under CAA section 129 to the regulation of solid waste
incineration units that burn nonhazardous solid waste. In determining
the scope of OSWI, EPA collected and analyzed data to identify
potential OSWI units and determined that the regulations should focus
on two categories of waste combustion units that are not regulated
elsewhere: IWI units and VSMWC units. In the proposed rules, we also
clarified that certain types of units are not regulated by the OSWI
rules. Some of these units are specifically excluded by CAA section 129
(e.g. hazardous waste combustion, small power production facilities,
cogeneration facilities burning homogeneous waste). We also clarify
that units are not covered under OSWI if they are already regulated
under other CAA section 129 or CAA section 112 standards (e.g., small
and large MWC, HMIWI, CISWI, boilers, cement kilns). The language of
CAA section 129(h) makes clear the Congressional intent for CAA
regulations under section 129 or section 112 to be mutually exclusive.
Accordingly, sources subject to CAA section 112 standards are not OSWI
units. Absence of regulation under CAA section 112, however, is not
determinative of whether a unit is subject to the final OSWI rules.
Moreover, we do not agree that the ``small power production
facilities'' or ``qualifying cogeneration facilities'' described in CAA
section 129(g)(1) are the only types of energy recovery facilities that
are properly excluded from the OSWI category. We do not read section
129(g)(1) to establish an exclusive list of excluded sources. (See
National Wildlife Federation v. Gorsuch, 693 F.2d 156, 172
(D.C.Cir.1982) (use of the term ``includes'' allows for additional,
unstated meanings); Chemehuevi Indian Tribe v. California St. Bd. of
Equalization, 757 F.2d 1047, 1054 (9th Cir.1985), rev'd on different
grounds, 106 S.Ct. 289 (1985) (``includes'' is a term of enlargement,
not of limitation); United States v. Huber, 603 F.2d 387, 394 (2d Cir.
1979), cert. denied, 100 S.Ct. 1312 (1980) (use of the word
``includes,'' rather than a more restrictive term such as ``means,''
indicates that the list is not exhaustive but merely illustrative).)
As stated earlier, the final OSWI rules regulate IWI and VSMWC
units. However, we determined that some subclasses of OSWI units should
be handled differently due to unusual circumstances (e.g., unique
geographic locations or climatic factors, temporary emergency use) that
would prevent owners or operators of these units from having a feasible
alternative waste disposal method. The availability of technically and
economically feasible waste disposal alternatives is important because,
as stated in the preamble to the proposed rules, CAA section 129 rules
must contain testing, permitting, monitoring, recordkeeping, and
reporting requirements. These requirements alone would easily double or
triple the cost of operating a smaller incinerator like those covered
by the final OSWI rules. Therefore, we expect CAA section 129 rules
(even if they did not require air pollution controls) to force many
incinerators to shut down and utilize alternative waste disposal
options. However, for unique subclasses of units where such
alternatives are not available, compliance with a rule would be
infeasible yet shutdown of these units also is not an acceptable
alternative. We excluded certain such subclasses from the final OSWI
rules for the reasons described in the preamble to the proposed rules
and in responses to comments. Of course, EPA and States may still
regulate these subclasses under other provisions of the CAA, as
necessary. (See CAA section 110(a)(2).)
2. Units With Energy Recovery and Other Types of Combustors
Two commenters questioned the rationale of excluding incinerators
(one commenter specified IWI units) with energy recovery from the
definition of solid waste incinerators, and believe that an incinerator
burning waste should be regulated as a waste
[[Page 74876]]
incinerator, no matter how the produced heat is used.
First, we note that the energy recovery comment applies to IWI
units, as all VSMWC units, with or without energy recovery, are subject
to the final OSWI regulations. Those MWC units that recover energy
serve dual purposes: (1) The disposal of municipal solid waste, and (2)
energy recovery from the combustion of the waste. As a result of these
dual purposes, MWC units are often boilers by design. The inclusion of
a specific definition of ``municipal waste'' in CAA section 129 and
other indications of Congressional intent support EPA's position that
all MWC units should be regulated under section 129 of the CAA
regardless of whether the MWC unit serves another purpose. The
regulatory boundaries established in the rules for the large and small
MWC units are quite clear that MWC units, regardless of their
configuration, are regulated under section 129 of the CAA. Our intent
is to maintain this interpretation in our regulation of VSMWC units
under the final OSWI regulations. In summary, VSMWC units that are
incinerators without energy recovery, incinerators with waste heat
recovery, and boilers are all regulated under the final OSWI rules. See
below for further discussion.
The regulatory boundaries for IWI units, however, are not clearly
defined by the CAA. As we have discussed, for the IWI subcategory of
OSWI, EPA must define which types of sources should be included in the
subcategory. In the process of developing the OSWI rules, developing
the boilers NESHAP (promulgated at 69 FR 55218, September 13, 2004),
developing rules for area source boilers, promulgating requirements for
electric utility steam generating units (70 FR 28606, May 18, 2005),
and establishing rules applicable to other combustion sources, EPA must
map the regulatory boundaries that identify which units are subject to
section 129.
The distinction between IWI units and non-IWI combustion units is
not readily apparent. For example, there is general agreement that coal
that is combusted in a boiler is not waste, because coal is commonly
thought of as a fuel. However, there are many other materials that are
burned in institutional boilers for energy recovery. Such materials
could include wood, paper, other biomass, plastics, and other items.
Combustion of such materials, when burned in a boiler with energy
recovery, is addressed under CAA section 112 regulations for boilers.
EPA has determined that for purposes of the IWI subcategory of OSWI
units, the critical consideration in determining whether the unit is
burning institutional waste is the primary function of the combustion
unit; and the primary indicator of function is whether or not a unit is
designed and operated for energy recovery. On one hand, boiler units
are specifically designed to recover the maximum amount of heat from
combustion of a material. The boilers NESHAP covers combustion units at
institutional facilities that burn solid materials and recover heat in
the combustion firebox. Incineration units, on the other hand, are
designed to discard materials by burning them at high temperatures and
leaving as little residue as possible. Although incineration units do
not have energy recovery in the combustion firebox, they may be
followed by waste heat recovery units. Combustion units at
institutional facilities that burn solid materials and do not recover
heat in the combustion firebox, but do recover waste heat from the hot
combustion gases following the combustion firebox, would not be covered
by the boilers NESHAP. Waste heat recovery units are designed to cool
the exhaust gas stream from an incineration unit, and/or recover,
indirectly, the useful heat remaining in the exhaust gas. The presence
of a waste heat recovery unit on the exhaust gas does not change the
fact that the unit combusting the material is primarily an incineration
unit burning waste for disposal purposes. EPA does not consider it
appropriate to regulate such units as boilers. Therefore, we have
determined that IWI units are those units that combust materials with
only waste heat recovery (i.e., heat recovery outside of the combustion
firebox) or without energy recovery.
Our focus on the primary function of the unit to identify
institutional waste is consistent with the provisions in section 129 of
the CAA that apply to MWC units. In section 129, Congress specifically
defined municipal waste as ``refuse (and refuse-derived fuel) collected
from the general public and from residential, commercial,
institutional, and industrial sources * * *.'' (See 42 U.S.C. section
7429(g)(5).) This definition goes on to list specific materials
included in municipal waste and exclude incineration units combusting
30 percent or less municipal waste from the MWC standards. This
definition of municipal waste provides more specific meaning to the
phrase ``solid waste * * * from the general public'' set forth in
section 129(g)(1) of the CAA. Based on the definition of municipal
waste in section 129(g)(5), EPA has interpreted section 129 to cover
all MWC units, including waste-to-energy facilities that have energy
recovery as part of their integral design. When CAA section 129 was
developed, EPA had already taken steps to promulgate new source
performance standards and emissions guidelines for MWC units under
section 111 of the CAA. Thus, by defining ``municipal waste'' in this
manner in section 129(g)(5), Congress determined that MWC units should
be regulated as under section 129 even if the MWC unit serves another
purpose (e.g., energy recovery). This determination is consistent with
our approach in the final OSWI rules because a primary function of a
MWC unit is waste disposal.
In contrast, Congress did not define ``other solid waste
incineration unit'' or other types of ``waste.'' Thus, the CAA is
ambiguous regarding whether every unit that burns material for energy
recovery should be regulated under section 129 of the CAA. We have
interpreted the CAA to allow EPA to consider the primary function of
the combustion units in making the determination of whether particular
units should be subject to CAA section 129. For reasons discussed
earlier, this question is harder to answer in the context of
institutional facilities where certain combustion units have been
historically considered boilers, rather than incinerators, based on the
combustion of solid materials commonly regarded as fuels. However, in
the case of municipal waste combustors, there has been little or no
disagreement among industry, government agencies, and environmental
groups on the meaning of MSW and the fact that the section 129 rules
cover all MWC units. Thus, we did not have to address this issue at
length in the MWC rules. (See 69 FR 7394, n.5.)
One of the commenters also contended that EPA has not proposed
standards for all solid waste combustion technologies. The commenter
listed pyrolysis, thermal oxidation, catalytic cracking, plasma arcs,
catalytic oxidation, flameless thermal oxidizers, and gasification as
technologies that have been used to combust solid waste, despite not
having the name ``incineration.''
EPA notes that the commenter did not provide any details regarding
these other technologies or the materials that are processed by these
technologies. Some of these types of units may well be covered under
the CAA section 129 final OSWI rules. For example, pyrolysis/combustion
units (two chamber incinerators with a starved air primary chamber
followed by an
[[Page 74877]]
afterburner to complete combustion) within the VSMWC and IWI
subcategories are considered OSWI units. In addition, thermal
oxidizers, catalytic oxidizers, and flameless thermal oxidizers, if
used to combust solid waste, could be subject to the final OSWI rules
or other section 129 rules if they meet the appropriate applicability
requirements. It is important to note, however, that these types of
units often are used to combust uncontained gases (generally from
industrial processes) and are not used to dispose of solid waste. Such
units would not be subject to the final OSWI rules. The other types of
units mentioned by the commenter appear to be either: (1) part of
industrial processes (e.g. catalytic cracking) and are regulated under
CAA section 112 and other standards for the specific industrial
process; (2) noncombustion thermal technologies that operate with an
external heat source (e.g. plasma arc); or (3) technologies that are
specifically designed to prevent combustion reactions, and, instead are
used to produce fuel or chemical feedstocks via controlled chemical
reactions (e.g. gasification). Any of these technologies that are used
to process hazardous waste are excluded from CAA section 129, and any
of these technologies that are regulated as site remediation units
under CAA section 112 are also not subject to section 129.
3. Potential OSWI Subcategories Where No Units Could Be Identified
One commenter contended that EPA's failure to identify any units
burning manure or livestock bedding, wood waste, or construction and
demolition waste does not excuse EPA from setting emission standards
for such units.
EPA made significant attempts to identify incinerators in
determining which types of sources to regulate under the final OSWI
rules. As part of the industrial combustion coordinated rulemaking
(ICCR), we sent a questionnaire to nearly 12,000 facilities identified
as having a combustion unit (including boilers, heaters, and
incinerators) burning non-fossil materials. This included every
facility we could identify from Federal and State databases and
stakeholder input. We received responses from the vast majority of
these facilities, although many were no longer operating their
incinerators. These responses provided design and operating information
on over 1,100 combustion units burning wood. However, all of these
sources were either boilers or process heaters with integral energy
recovery that are being addressed under CAA section 112, or commercial
or industrial incineration units that are appropriately regulated under
CISWI. We are not aware of, nor has the commenter provided any
information on, any other wood-fired units remaining for consideration
as potential OSWI units.
Similarly, a few units were identified that combust agricultural
residues such as bagasse, rice hulls, etc. for the purpose of energy
recovery, and, thus, are all boilers and are being addressed under CAA
section 112. Prior to proposal of the OSWI rules, we updated the ICCR
list of potential OSWI units by searching the latest version of the
national emissions inventory (NEI), which contains the latest data from
State databases and various Federal programs, for incineration units
burning non-fossil materials. We also contacted State agriculture
departments to request information on agricultural incineration;
contacted trade associations; contacted incinerator vendors to
determine what types of incinerators they have been selling and to what
markets; and performed Web searches. After these extensive efforts, we
were not able to locate any incineration units in several potential
subclasses described in the preamble to the proposed rules. This result
is not surprising because vendor contacts and feedback from facilities
that used to operate OSWI units have shown us that the use of
incineration for waste disposal is declining, especially where the
units do not recover energy. Given our prior efforts to identify these
types of units and the trends in incineration, we do not believe that
these types of units currently operate. Furthermore, public commenters
on the proposed rules have not provided specific information on any
such sources. Because we are unable to locate such units and have no
data on them, we are not, and indeed cannot regulate them at this time.
Public commenters on the proposed rules have not provided any
information demonstrating that there are agricultural waste
incinerators, construction or demolition incinerators, or wood waste
incinerators that are not boilers. EPA cannot set a standard under CAA
section 129 without adequate operating, emissions, and control
technology information for sources within the category. Thus, contrary
to the commenter=s suggestion, EPA could not speculate or estimate and
set a CAA section 129 standard Ajust in case.'' Therefore, because we
are unable to locate any such units and have no data on how such
hypothetical units, if used in the future, may operate, we are not
including agricultural waste, construction or demolition, or wood waste
incinerators as subcategories of OSWI.
4. Rural Institutional Waste Incinerators
Two commenters suggested that the exemption for rural IWI units is
too broad. One commenter contended that the locations proposed to be
exempted include many areas where solid waste collection and disposal
services are readily available at reasonable cost, and, therefore, the
exemption is not justified. The commenter also contended that this
raises questions regarding environmental justice, as the exemption
implies that economically disadvantaged communities should have worse
air quality standards because they are economically disadvantaged.
Furthermore, the commenter pointed out that U.S. Government facilities
(i.e., Department of Defense) do not have the limited tax base and,
therefore, EPA's reasons for the rural exemption do not apply. Both
commenters recommended that the rural exemption be narrowed further to
include only those areas where landfills or other nonincineration
options are not available or feasible.
To address commenters' concerns, EPA is narrowing the rural IWI
exclusion to apply only to those IWI units that are more than 50 miles
from the boundary of the nearest MSA and where alternative disposal
options are not available or are economically infeasible. In the final
OSWI rules, there are provisions that specify how a facility may apply
for this exclusion. For existing units, the application must be
submitted to the Administrator at least 1 year before the final
compliance date to ensure that there is adequate time for any
additional dialogue necessary to determine if an exclusion is
warranted, and, if the exclusion is denied, adequate time for the
facility to install controls or otherwise arrange for disposal of their
waste. For new units, the application must be submitted to and approved
by the Administrator prior to initial startup.
By narrowing the exclusion to include only those areas Awhere
alternative disposal options are not available or are economically
infeasible,'' we have addressed the commenter=s concern that we should
not exempt sources located where waste disposal alternatives are
available at a reasonable cost. Our analysis of remote institutional
waste disposal costs indicates that a 50 mile distance to dispose of
waste is approximately the distance where the costs of operating an
incinerator (without control technology) would equal those of taking
the waste to a landfill, transfer station, or small or
[[Page 74878]]
large MWC unit. As such, we believe that 50 miles from a MSA is a
minimum point where institutional facilities would be able to make a
legitimate case that they qualify for the exclusion. To clarify the
geographical criteria, the MSA definitions that will be used as one
component of the exclusion are based upon those found in AUpdated
Statistical Definitions and Their Uses' OMB Bulletin 05-02, February
22, 2005.
We realize that, over time, population density changes may cause
revisions to the definitions of MSA that would affect the rural status
of a rural IWI unit. Furthermore, there may be situations where
alternative waste disposal options become available such that the unit
may not be able to demonstrate adverse economic impacts of using an
alternative means of disposal or the IWI unit is no longer necessary to
the institutional facility. To address these situations, we are adding
provisions that require sources granted an exclusion as a rural IWI
unit to reapply for the exclusion every 5 years following the date the
exclusion is granted by the Administrator. If the Administrator finds
that the IWI unit no longer qualifies for the exclusion, then the unit
is given 3 years to comply with the requirements of the final OSWI
rules.
In response to the second issue put forth by the commenter, we
disagree that we are implying that economically disadvantaged
communities should have worse air quality. As we have discussed in the
preamble to the proposed rules, some disposal alternatives to
incineration, such as open burning, are worse for air quality than
incineration. If the rural institutional facility is unable to afford
compliance and there are no other disposal alternatives (e.g.,
landfills, MWC), then the facility may resort to open burning,
littering, or dumping. Open burning presents not only air pollution
problems, but can also lead to an increased likelihood of accidental
fires. Littering and dumping pose problems such as potential
contamination of streams or other water bodies, and attracting vermin
and wild animals, which could contribute to disease transmission. The
facility, in applying for the rural IWI exclusion, must make a case
that suitable alternatives, such as landfilling or hauling waste to a
MWC unit, are not available or are not economically feasible. Although
we discussed concerns about the local tax base for school districts in
the preamble to the proposed rules, it was but one reason for the
exclusion which applies to all rural IWI units, not just those located
at schools. Thus, other institutions (e.g., Federal facilities,
churches) may apply for the exclusion, although we note that certain
institutions with larger budgets may have a harder time showing that
alternative waste disposal options are economically infeasible.
5. Alaskan Exclusion
Three commenters requested that the exclusion for incinerators in
isolated areas of Alaska be broadened. Two commenters expressed concern
that the proposed rules do not exempt VSMWC units used to combust
municipal-type waste generated at oil-field base operations facilities
and remote camps on Alaskan oil fields.
EPA stresses that the final OSWI rules apply only to VSMWC and IWI
units, and they provide an exclusion for units used at solid waste
disposal sites in Alaska that are classified as Class II or Class III
municipal solid waste landfills. If the incinerators operated by the
commenters meet the definition of VSMWC units and are used at solid
waste disposal sites in Alaska that are classified as Class II or Class
III municipal solid waste landfills, then they would be excluded from
the final OSWI rules. We have insufficient information about the units
operated by these commenters (e.g., operating at an oil exploration
site or oil-field base camp) to determine if they are VSMWC units, but
they appear to be operated by industrial or commercial entities and
would likely not meet the definitions of a VSMWC or IWI unit in the
final OSWI rules. To be a VSMWC unit under the final OSWI rules, the
incinerator must be burning municipal solid waste collected from
multiple sites. To be an IWI unit under the final OSWI rules, the
incinerator must be located at an institutional facility (i.e., land-
based facility owned and/or operated by an organization having a
governmental, educational, civic, or religious purpose) and be burning
waste generated at that institutional facility. Incinerators at an
industrial or commercial facility that burn only waste generated on
site at that facility are not VSMWC or IWI units. If the commenter's
units are not VSMWC or IWI units, they would not be subject to the
final OSWI rules. We recognize that the final CISWI rules do not
currently cover commercial/industrial-owned/operated incinerators that
burn only municipal-type waste. EPA intends to address regulation of
such combustion units under future revisions to the final CISWI rules.
A commenter also expressed concern that the proposed definitions of
institution and institutional waste are excessively restrictive and do
not fit the unique situations that arise in Alaska. The commenter gave
examples such as the existence of Aunorganized'' boroughs that have no
local government or tax base.
EPA's understanding of the local government structure in Alaska is
that there are two types of local government structures: boroughs and
unorganized areas. Boroughs, like counties, are collections of one or
more municipalities joined in a regional government. Unorganized areas
are the non-borough areas where there is either (1) no intermediate
government between the State and the tribal, village, or city council,
and local government is strictly at the municipal level or (2) no
governing body other than the State. We have provided an exclusion for
units used at solid waste disposal sites in Alaska that are classified
as Class II or Class III municipal solid waste landfills. The State of
Alaska does not consider the local government structure in determining
the class of a municipal solid waste landfill or waste disposal site.
The Class II and III determinations are based on the anticipated waste
volume and location of the waste disposal site. Further, the
incinerators that dispose of municipal solid waste Acollected from''
these boroughs and unorganized areas would be VSMWC units, rather than
IWI units, so the commenter's concerns regarding the definitions of
institution and institutional waste with respect to incinerators
serving these local government structures are not relevant.
We would also like to clarify that an incinerator operated by a
commercial entity that is burning municipal solid waste that is
Acollected from'' multiple residences and any local businesses would be
considered a VSMWC unit subject to OSWI regulation, provided that it
had a capacity of less than 35 tpd of municipal solid waste. This
situation is quite common among the small and large MWC units, as
several municipalities have contracted or partnered with commercial
operators in the construction and operation of their local MWC
facility.
In summary, the final OSWI rules apply only to VSMWC and IWI units.
As previously described, we have provided an exclusion for units used
at solid waste disposal sites in Alaska that are classified as Class II
or Class III municipal solid waste landfills, as well as an exclusion
for rural IWI units (for IWI located more than 50 miles from the
boundary of the nearest MSA and where alternative disposal options are
not available or are economically infeasible). These exclusions fully
address small OSWI units in remote areas of Alaska that do not have
[[Page 74879]]
technically or economically feasible disposal alternatives, so the
concerns raised by the commenters are addressed in the final OSWI
rules.
6. Temporary-Use Incinerators
Exclusion Requirements. Commenters contended that the proposed
requirements for temporary-use incinerators used in disaster recovery
are too lax and invite abuse. The commenters pointed out that the
Stafford Act, which provides for a State of Emergency or a major
disaster to be declared by a State government or the President of the
U.S., does not contain any provisions for declaring that the State of
Emergency or disaster has ended. As such, under the proposed rules,
these incinerators arguably would be allowed to operate indefinitely
without any restrictions. One of these commenters contended that, under
the proposed rules, operators of portable incinerators could declare
Aemergencies' or Adisasters' at their discretion, and travel from place
to place burning any sort of debris without any pollution controls,
restrictions of location, or public and agency notification
requirements. Another commenter stated that the exemption would allow
an uncontrolled unit to operate for up to 8 weeks without adequate
cause or approval from the proper authority and suggested earlier
notification.
EPA agrees that incinerator owner/operators should not be allowed
to declare their own Aemergencies' and that was not our intent. We have
adjusted the rules as proposed to exclude temporary-use incinerators
used to combust debris for a limited period of time from most
requirements of these subparts only if they are used in areas that have
been declared a State of Emergency by a State or local government, or
if the President, under the authority of the Stafford Act, has declared
that an emergency or major disaster exists in the area. The inclusion
of local disaster area declarations in this exclusion encompasses those
disasters that severely affect a municipality or county and require the
local government to undertake disaster recovery actions, but where the
economic losses are not large enough or sufficiently widespread to
require extensive State or Federal financial assistance.
EPA also agrees that some notification and oversight should be
required to avoid temporary-use incinerators being operated
indefinitely in areas that are declared States of Emergency by the
State, local or Federal government. The final rules require that
operators of temporary-use incinerators combusting debris in declared
emergency or disaster areas notify the Administrator if it is necessary
for the units to combust debris within the boundaries of a given
emergency or disaster area for more than 8 weeks from the date the
units began operation, and request permission to continue to operate.
EPA's intent is that if a unit is used during a period that begins on
the date the unit started operation and lasts 8 weeks or less, then
that unit is excluded from the requirements of the final rules. A unit
that operates intermittently for 8 weeks or less over a period longer
than 8 weeks from the date the unit started operation (e.g., over a 12-
week period) does not meet the requirement for exclusion.
The notification must be submitted in writing by the date 8 weeks
after the temporary-use incinerator begins operating within the
boundaries of the current emergency or disaster area. The notification
must contain the date the incinerator began operation within the
current emergency or disaster area, identification of the disaster or
emergency for which the incinerator is being used, a description of the
types of materials being burned, information on the size and design of
the incinerator, the reasons the incinerator must be operated for more
than 8 weeks, and the additional amount of time for which permission to
operate is requested, including a date for ceasing operation. Upon
submittal of the notification, the temporary-use incinerator
automatically may operate for another 8 weeks (a total of 16 weeks from
the date the unit started operation). At the end of 16 weeks, the
temporary-use incinerator must cease operation or comply with the OSWI
emission limits and other requirements of the final OSWI rules unless
the Administrator has approved the request to continue operation.
Given these changes, 16 weeks will be the maximum length of time a
temporary-use incinerator can operate in a given area declared a State
of Emergency or major disaster without specific permission to continue
operation from the Administrator. The approval of the request to
continue operating must establish a site-specific date to cease
operation. We have chosen this approach, rather than setting a uniform
maximum amount of time because a case-by-case approval process allows
EPA and States to set the appropriate time limits for the specific
situation.
We decided that the notification should be provided within 8 weeks
after the start of operation to be consistent with the timing in the
proposed rules for areas that had not been declared emergencies or
major disasters by the State or Federal government. In emergency
situations, quick removal of debris is of utmost importance to maintain
public health and safety, and temporary-use incinerators may be best
suited to dispose of debris. We have elected not to regulate
incinerators used on a short-term basis to recover from an emergency or
disaster under the final OSWI rules, because regulation would hinder
the recovery effort and this impact would outweigh the benefits from
regulation of the units. Recent events in the Gulf States due to
Hurricanes Katrina, Rita, and Wilma have illustrated the importance of
immediate recovery action following a disaster. This proactive
approach, which addresses the terms for use of a temporary-use
incinerator during declared emergencies or disasters, is better than an
approach that requires EPA and others to react during or immediately
after such an emergency or disaster strikes. We also point out that
States and the Federal government have specific procedures that are
followed in declaring an area a State of Emergency or a major disaster
area. Their procedures involve extensive involvement by local, State,
and Federal officials to conduct a preliminary damage assessment,
develop debris removal plans, and coordinate and manage disaster
assistance activities. Further information on the processes can be
found on individual State Web sites and on the Federal Emergency
Management Agency (FEMA) Web site (http://www.fema.gov). Given that
there is already a coordination process and we do not intend to
regulate temporary-use incinerators operated for 8 weeks or less, an
earlier notification requirement in the final OSWI rules is not
necessary or productive.
Finally, in responding to a separate comment regarding air curtain
incinerators, we reviewed and clarified the exclusions for which air
curtain incinerators may qualify. In doing this review, we realized
that air curtain incinerators were not specifically mentioned in the
exclusion for temporary-use incinerators used in disaster or emergency
recovery efforts. To remedy this, we are clarifying that the temporary-
use incinerators used in disaster or emergency recovery efforts
exclusion includes air-curtain incinerators used for these purposes. We
realize that air curtain incinerators may be particularly useful in
disaster recovery efforts, and intend that they may also qualify for
this particular exclusion.
Control Feasibility. Another commenter contended that EPA has not
[[Page 74880]]
explained why it is infeasible for temporary-use incinerators to
include air pollution controls or how requiring controls would delay
commencement of operation. Therefore, the commenter concluded, EPA has
provided no basis for the assumption that controlling emissions from
temporary-use incinerators would hinder recovery efforts.
Declared States of Emergency and major disasters are, by
definition, serious events. In emergency situations, quick removal of
debris is of utmost importance to maintain public health and safety.
Depending on the type of emergency and the local situation, there may
be no reasonable and safe alternatives to incineration. Regulation,
under the final OSWI rules, of temporary-use incinerators used for
disaster recovery efforts would discourage use of such incinerators,
potentially hindering recovery efforts and impairing public health and
safety. The emission limits in the final OSWI rules are based on wet
scrubbing for any IWI and VSMWC units other than air curtain
incinerators burning only clean lumber, wood waste, and yard waste. The
annual cost of a wet scrubber and the monitoring, recordkeeping, and
reporting required by the rules (including annualized capital cost of
the scrubber and monitoring equipment, and annual operation and
maintenance (O&M), permitting and reporting costs) may be more than six
times the cost of owning and operating an uncontrolled incinerator.
Even if the final OSWI rules were to require no add-on control of such
incinerators, it is estimated that the annual cost of the testing,
monitoring, recordkeeping and reporting required by CAA section 129
could more than quadruple the cost of owning and operating the
incinerator. These sharp increases in regulatory compliance costs
relative to the current cost of incineration would discourage use of
incinerators. Furthermore, as evidenced by the recent recovery efforts
due to Hurricanes Katrina, Rita, and Wilma, the water supply, handling
and treatment capabilities required to operate the wet scrubber may be
unavailable for long periods of time in the disaster areas, while the
need for recovery is immediate. In such situations, the incinerator
cannot stand idly by while awaiting ancillary services to operate the
scrubber.
We also point out that the exclusion for emergency cleanup
activities of short duration is not unique to the final OSWI rules.
Other CAA programs and rules recognize the need to make allowances for
similar situations. For example, the site remediation NESHAP (40 CFR
part 63, subpart GGGGG) provide an exclusion for site remediation
activities that are completed within 30 consecutive calendar days. The
preamble for the proposed rule explained that, ``This exemption is
intended to apply to contamination commonly caused by a spill where the
cleanup is initiated soon after the spill event and is of very short
duration (i.e., typically 30 days or less). The purpose of this
exemption is to encourage prompt attention to remediating contaminant
spills and leakages'' (67 FR 49407, June 30, 2002). Similarly, the OSWI
exclusion of temporary-use incinerators encourages prompt clean-up of
debris from emergencies and disasters and excludes only temporary-use
incinerators that operate for a limited period of time within a
declared disaster area.
7. Sewage Sludge Incinerators
Two commenters were unsure how the proposed rules treat sludge
incinerators. Both commenters requested that EPA clarify if, and how,
commercial and municipal sludge incinerators are addressed by the final
OSWI standards.
Sewage sludge incinerators (SSI) are a source category that is
being addressed under CAA section 112. As early as April 2000, EPA
indicated that it no longer intended to regulate SSI under section 129
of the CAA:
The Agency has decided not to regulate sewage sludge
incinerators as a category under Section 129 of the Clean Air Act *
* *. The Agency believes that sewage sludge generated by publicly-
owned treatment works (POTWs) and combusted in SSIs is ``solid
waste.'' However, this sludge is from a municipal source, and not
from ``commercial or industrial establishments or the general
public.'' Therefore, SSIs that combust this sludge are not ``solid
waste incineration units'' and section 129 does not apply to them.
Virtually all of the SSIs that would be candidates for regulation
combust sludge from POTWs, and thus are not covered under Section
129.
(Unified Agenda, 65 FR 23459-01 (April 24, 2000).) In addition, EPA's
intent to regulate these sources under CAA section 112 was made clear
when SSI were included as an additional area source category listed
pursuant to CAA sections 112(c)(3) and 112(k)(3)(B)(ii) in the June 26,
2002 Federal Register (67 FR 43113). As discussed previously, source
categories regulated by CAA section 112 may not also be subject to a
CAA section 129 regulation. In previous regulatory activities, EPA was
unable to identify any SSI that were major sources. (See 67 FR 6521,
February 12, 2002.) Therefore, the entire SSI source category consists
of area sources, and will be addressed by the CAA sections 112(c) and
112(k) regulations. Sewage sludge incinerators do not meet the
definitions of IWI or VSMWC units in the final OSWI rules and, thus,
are not regulated as OSWI units.
8. National Security Incineration Units
In the preamble to the proposed OSWI rules, EPA requested comment
on whether a subclass of IWI units that burn national security
documents should be excluded from the final OSWI regulations. Three
commenters opposed excluding incinerators that burn national security
documents from regulation and contended that EPA did not explain or
justify the reason to exclude these units. However, another commenter
expressed concern that there could be situations in which the only
viable alternative for the destruction of classified materials would be
the use of an OSWI unit. Another commenter requested EPA provide an
exclusion to the final OSWI rules for units used for sanitization of
classified or otherwise sensitive materials by the U.S. Armed Forces,
the Department of Energy, and other similar agencies.
We have determined that any IWI units used solely during military
training field exercises to destroy national security materials
integral to the field exercises are not subject to the final OSWI
rules. We have determined that an outright exclusion for other IWI
units used to destroy national security materials will not be provided
in the final OSWI rules. However, the final rules contain provisions
such that individual sources may apply for this type of exclusion as
necessary. We understand that mechanical destruction or other
alternatives to incineration are available for most, if not all,
categories of national security materials. Thus, we think that, as a
general matter, few incineration units will meet this exclusion on a
long-term basis. Nonetheless, this exclusion is needed for two reasons.
First, the government could change the acceptable means of disposing of
one or more types of national security materials in the future. Second,
there may be unexpected circumstances when mechanical or other
alternative means of destruction are temporarily unavailable, requiring
the use of backup incineration units during those periods. To be
granted an exclusion, a source/governmental entity must demonstrate
that the unit is used solely to incinerate national security materials
and that a reliable alternative to ensure acceptable destruction of
national security materials is unavailable on either a permanent or
[[Page 74881]]
temporary basis. An ``acceptable'' level of destruction is one that
meets applicable regulations, guidelines, or instructions for the
destruction of national security materials. For existing units, the
request must be submitted to the Administrator prior to 1 year before
the final compliance date, and the Administrator will either grant or
deny the request for exclusion. For new units, the request must be
submitted to and approved by the Administrator prior to initial
startup. The final rules contain specific provisions for applying for
this exclusion.
9. Various Other Applicability Issues
Cyclonic Burn Barrels. One commenter asked if cyclonic burn barrels
are subject to the OSWI regulations. The commenter recommended that EPA
explicitly include these devices as regulated entities subject to all
the requirements of the final OSWI regulations.
It was our intent to regulate cyclonic burn barrels that meet the
definition of an IWI unit or VSMWC unit under the final OSWI rules. An
IWI unit is a combustion unit, regardless of size, located at an
institutional facility (i.e., land-based facility owned and/or operated
by an organization having a governmental, educational, civic, or
religious purpose) that burns solid waste generated at that
institutional facility. A VSMWC unit is a combustion unit that has the
capacity to burn less than 35 tpd of municipal solid waste collected
from residential, commercial, institutional, and industrial sources. We
agree that cyclonic barrel burners are a type of incinerator because
they provide an enclosure (barrel) in which the waste is burned and
include a fan to provide high-velocity air flow and an exhaust outlet,
and we did not exclude them in the proposal. To clarify our intent to
regulate this type of OSWI unit, we are including ``cyclonic burn
barrel'' as another example of an incinerator design in the final
rules' definitions of IWI unit and MWC unit. We would like to note that
the final OSWI rules regulate only IWI and VSMWC units. For example, if
a cyclonic burn barrel is used at a commercial or industrial facility
to burn commercial or industrial solid waste, then it would not be
subject to the final OSWI rules.
Human Crematories. Two commenters objected to the exemption of
human crematories from the proposed rules. Both commenters argued that
the incineration of human bodies emits significant quantities of
mercury and other hazardous air pollutants. One commenter objected to
EPA's conclusion that human bodies are not solid waste and noted that
EPA defines solid waste under the SWDA as any ``discarded material.''
The definition also clarifies that a material is ``discarded'' if it is
``burned or incinerated.''
Clean Air Act section 129 regulations deal solely with solid waste
combustion units. As noted in the preamble to the proposed rules, in
considering the nature of human crematories, EPA has determined that
the human body should not be labeled or considered ``solid waste.''
Therefore, human crematories are not solid waste combustion units, and
are not a subcategory of OSWI for regulation.
We disagree with the commenter's assertions that human bodies are
discarded and that CAA section 129 rules must consider a material to be
``discarded'' if it is ``burned or incinerated.'' The definition of
``discarded'' referred to by the commenter is found in 40 CFR part 261,
which defines ``hazardous waste'' for the purpose of implementing the
hazardous waste program authorized by the SWDA. In defining ``hazardous
waste,'' 40 CFR part 261 also defines ``solid waste'' and elaborates on
the meaning of ``discarded,'' which is a term used in the definition of
solid waste. However, in doing so, 40 CFR part 261 states explicitly in
40 CFR 261.1(b)(1) that this definition of solid waste is only for the
purpose of materials that are hazardous wastes. Much of the complexity
and specificity of the 40 CFR part 261 definitions is needed to assure
that hazardous waste is properly identified, tracked, transported, and
disposed of, and is not inappropriately discarded or abandoned. The 40
CFR part 261 details on the meaning of solid waste and discarded are
not found in solid waste definitions within the Resource Conservation
and Recovery Act (RCRA) rules pertaining to nonhazardous wastes (e.g.,
40 CFR part 240 through 40 CFR 259). The regulatory definitions of
``solid waste'' and ``discarded'' found in 40 CFR part 261, therefore,
do not apply to nonhazardous solid wastes. Section 129 of the CAA
regulates only nonhazardous solid wastes. As described in previous
Federal Register notices pertaining to the proposed and final CISWI
rules (64 FR 67104, November 30, 1999 and 65 FR 75342, December 1,
2000) EPA has adopted, under the joint authority of the CAA and RCRA, a
definition of solid waste that is used solely to identify nonhazardous
solid waste for the regulatory programs authorized by CAA section 129,
such as the final CISWI and OSWI rules. The definition of discarded
cited by the commenter is not applicable to CAA section 129 rules.
However, as stated in the preamble to the proposed OSWI rules, if EPA
or States determine in the future that human crematories should be
considered for regulation, they would be addressed under other
authorities.
Animal Crematories. One commenter expressed support for the
proposed decision to exclude animal crematories as a regulated
subcategory of the proposed OSWI rules and supports the proposed
exclusion of pathological waste incineration units. The commenter
pointed out that the other alternatives to incineration, such as
rendering, burial, composting or feeding of the carcass to exotic
animals does not address the need for disposal of animal carcasses with
an infectious disease. Another commenter contended that animal
crematories are solid waste incineration units that must be regulated
under CAA section 129.
EPA has not changed our decision to exclude animal crematories and
pathological waste incineration units, based on our analysis of their
emissions and the adverse impacts that would occur if these units were
regulated under the final OSWI rules, as fully described in the
preamble to the proposed rules and in the response to comments
document.
Additional Possible Subcategories of OSWI Units. In the preamble to
the proposed rules, we requested comment on whether other subclasses of
OSWI units existed and if any special and/or extenuating circumstances
existed that warranted their exclusion from regulation under OSWI. We
received only one communication related to this request.
The U.S. Coast Guard (USCG) informed EPA that they were concerned
that the rules, as proposed, could be interpreted to include
incinerators located on ships. According to the USCG, some of its
largest cutter classes have small shipboard solid waste incinerators
that are used to dispose of solid waste generated aboard ship while the
ship is at sea. The USCG indicated that they believed these
incinerators should not be subject to the final OSWI rules.
It was never EPA's intent to regulate incinerators aboard USCG
patrol ships or other ships, and EPA's analyses supporting the final
OSWI rules have not included information about shipboard incinerators.
Thus, EPA has not only replaced the definition of ``institution'' with
``institutional facility'' to be consistent with terminology used
elsewhere in the final OSWI rules, but we also have defined
[[Page 74882]]
``institutional facility'' to apply to land-based incinerators.
We note that the use of wet scrubbers on ships raises the question
of whether it is even technically feasible to locate wet scrubbers on
ships (including the availability of fresh water for the scrubber
systems), and, moreover, begs the question of how the ships would then
dispose of the wastewater generated by the scrubbers. If a shipboard
incinerator could not meet the standards, the incinerator would have to
shut down. Yet, many ships have onboard incinerators to dispose of the
solid waste generated on these ships while at sea (e.g., patrolling
U.S. borders), without having to come into port or otherwise change
their route in order to dispose of the solid waste using an alternative
means.\2\
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\2\ In order to effectively police U.S. borders, help secure
national security and carry out research activities, many of these
ships must have the maximum flexibility to stay at sea as long as is
necessary to accomplish their mission, with a minimum of disruption,
such as having to come into port to dispose of solid waste.
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B. Definitions
1. ``Clean Lumber'' and ``Wood Waste'' Definition
Two commenters suggested that the definitions of ``clean lumber''
and ``wood waste'' found in 40 CFR 60.2977 and 40 CFR 60.3078 should
explicitly exclude manufactured wood products containing adhesives.
Examples of such products include plywood, particle board, flake board,
and oriented-strand board (OSB). One commenter noted that questions
regarding whether manufactured wood products are considered ``clean
lumber'' or ``wood waste'' continue to arise, and recommended that EPA
improve the final rules by specifically excluding these adhesive-
treated wood products from the definitions of ``clean wood'' and ``wood
waste.''
These definitions are important in the final OSWI rules because
there are reduced requirements for air curtain incinerators that burn
only clean lumber or wood waste. We agree with the commenter, and our
intent was to exclude wood products manufactured with adhesives and
resins from the definitions of ``clean lumber'' and ``wood waste.'' The
proposed definition of ``clean lumber'' excluded wood that has been
painted, stained or pressure-treated; and the proposed definition of
``wood waste'' limited wood waste to ``untreated'' wood and wood
products, but did not specify the meaning of ``untreated.'' Adhesives,
like paints, can contain hazardous pollutants and we did not intend for
air curtain incinerators burning these materials to qualify for the
reduced requirements. To clarify our intent, we have expanded the
second sentence in the definition of clean lumber to state, ``Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).'' We have also revised
the definition of ``wood waste'' by adding a fourth item to the list of
items that wood waste does not include: ``(4) Treated wood and treated
wood products, including wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).''
2. Municipal Solid Waste
One commenter noted that the definition of MSW in the proposed OSWI
regulations is not the same definition used in previous CAA section 129
regulations (i.e., MWC regulations found in 40 CFR part 60, subparts
Ea, Eb, AAAA, and BBBB). The commenter understands that EPA is using
language from CAA section 129(g)(5) for the definition of MSW, but
disagreed with the proposal's use of ``collected from'' in the
definition of MSW. The commenter noted that units at apartment
complexes or retail stores, or units located at industrial sites
burning office paper are not covered as VSMWC units because of the
``collected from'' language in the proposed OSWI rules, and they are
not covered by the final CISWI rules. The commenter contended that this
would leave a very important type of incinerator unregulated, noting
especially incinerators located at grocery stores.
We are retaining the proposed definition of ``municipal solid
waste'' in the final OSWI rules to be consistent with CAA section 129,
which defines ``municipal waste'' as ``refuse (and refuse derived fuel)
collected from the general public and from residential, commercial,
institutional, and industrial sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather, rubber and other combustible
materials and non-combustible materials such as metal, glass and rock *
* * .'' To be a VSMWC unit that is subject to the final OSWI rules, a
unit must combust waste that is ``collected from'' multiple
establishments. Under this definition, incinerators owned/operated by
commercial businesses, such as grocery stores or apartments, that burn
waste generated on site rather than collected from multiple
establishments are not considered VSMWC units and are not covered by
the final OSWI rules.
As the commenter points out, the final CISWI rules (40 CFR part 60,
subparts CCCC and DDDD) currently exclude units burning MSW as defined
in the final large and small MWC rules (40 CFR part 60, subparts Ea,
Eb, AAAA, and BBBB). These other rules do not include the ``collected
from'' language in their definitions of MSW. Therefore, the final CISWI
rules currently exclude some industrial and commercial units that burn
wastes such as paper, cardboard, and food wastes that are generated on
site but are not associated with the manufacturing process. The
commenter is concerned that such units will not be subject to any CAA
section 129 rules. As stated in the preamble to the proposed OSWI rules
(69 FR 71480, December 9, 2004), under the CAA section 129 definition
of ``municipal waste,'' small incinerators that are located at
commercial businesses (such as stores, restaurants and apartments) or
industrial sites are not VSMWC units because they do not burn waste
which has been ``collected from.'' Such units are properly addressed
under the final CISWI rules, because of their location at commercial
and industrial sites. EPA intends to address regulation of such
combustion units under future revisions to the final CISWI rules.
C. MACT Floors and Emission Limits
1. MACT Floors
New Units. One commenter stated that EPA must base floors on
emission levels achieved by the best controlled unit, not on the
technology that the unit uses or emission levels that EPA deems
achievable with such technology, and contended that EPA did not
consider the effect of waste composition on a unit's performance when
setting the MACT floor for new units. The commenter argues that because
EPA has not demonstrated that medical waste is comparable to the waste
combusted in a VSMWC or IWI unit, EPA has not supported the assumption
that the average performance of a medical waste incinerator equipped
with a wet scrubber is representative of the actual performance of the
best performing VSMWC or IWI unit.
In the preamble to the proposed rules, we noted that EPA does not
have emissions test data for the OSWI units
[[Page 74883]]
in the OSWI inventory. Therefore, we were unable to determine the best
controlled OSWI unit based on OSWI emission levels. However, our OSWI
inventory indicated that only one OSWI unit contained an add-on control
device. This control device is identified as a ``medium efficiency wet
scrubber.'' EPA utilized information on control devices to help
categorize the category of similar units whose actual emissions data
would then be used to set the floor (i.e., the best performing similar
unit, or an incinerator equipped with a medium efficiency wet scrubber
in this case). As we discussed in the preamble to the proposed rules,
we do have emissions test data for HMIWI units, which are similar to
OSWI units. Our emissions data for HMIWI indicates whether the unit is
equipped with a wet scrubber, but does not indicate the efficiency
(e.g., low, medium, or high) for which the scrubber is designed.
Therefore, to develop emission limits that are representative of what a
medium efficiency wet scrubber can achieve, we averaged all emissions
data for HMIWI units equipped with wet scrubbers. In using this
approach, we have also accounted for the variability of emissions
testing for waste combustion units. Any single emission test is merely
a ``snapshot'' of the emission level from the unit. The same unit
tested a month later may have a lower or higher emission rate. Thus,
selecting the best single emission test (the lowest ``snapshot'') does
not reflect the emission limit that is continuously achieved over time.
Taking the average of emission tests from multiple units of similar
design with wet scrubbers accounts for the inherent variability of the
data. By taking the average of all performance data, we have considered
data from wet scrubber-equipped units that are both better than, and
worse than, the proposed emission limits, but should nonetheless be
continuously achieved by a unit equipped with a medium efficiency wet
scrubber. For perspective, we also note that this floor analysis
approach results in limits for most pollutants that are more stringent
than the limits for HMIWI units and large and small MWC units.
Although the data we used to develop the emission limits are from
HMIWI units, the commenter does not contend that HMIWI and OSWI units
are not similar in size, design, or operation. While the commenter
argues that medical waste may not be comparable to MSW or institutional
waste, they do not provide any data to support their concern or to
demonstrate that emissions from OSWI units are lower than emissions
from HMIWI units with the same control technology. To address these
concerns, we have further considered the compositions of medical waste
and MSW. Both types of waste contain a range of materials including
paper, plastics, metal, glass, food waste, and other materials.
However, within both categories there can be a wide variety of
composition depending on the specific sources that generated the waste,
geographic location, and any separation practices used prior to
combustion. Given the variability within each waste type, we cannot
conclude that incinerating one or the other would result in higher
emissions. We find the wastes to be generally similar in composition
based on the general types of materials contained in the waste and the
very limited data available on the proportions of paper, plastic,
metals, and other materials contained in the waste. Considering the
similarities in combustion unit size, design, operations, and waste
composition, we have determined that the emission levels actually
achieved by HMIWI units equipped with wet scrubbers are an appropriate
basis for setting the MACT floor for new OSWI units. Therefore, in the
absence of emissions data on OSWI units, we have determined that HMIWI
units are a similar source and we plan to continue to use the emission
limits based on the HMIWI data as proposed, with the exception of
revisions to the CO and HCl emission limits that were necessary to
address other comments (discussed later in this section).
Existing Units. In a comment similar to that for new units, one
commenter stated that floors for existing units do not reflect the
average emission level achieved by the best performing 12 percent of
units in each category or subcategory. The commenter argued that EPA's
MACT floor approach for existing units ignored the effect of waste
input on emissions performance. As an example, the commenter
specifically points out that the lead floor level of 4,300 [mu]g/dscm
would be worse than the actual performance of an OSWI unit burning
waste that did not contain lead, and that EPA has not provided any
reason to believe that these units would burn any waste containing that
level of lead.
As previously stated, we do not have data on actual emissions from
OSWI units, thus we had to use emissions data from similar, existing
units. EPA utilized information on control devices used at the best
performing 12 percent of existing OSWI units not to set the floor
number itself (as the commenter suggests), but to help characterize the
category of similar units whose actual emissions data would then be
used to set the floor--small, uncontrolled, modular/starved air MWC
units.
With regard to the commenter's contention that, in determining the
floor, EPA did not consider the effect of waste input on emissions
performance, OSWI units combust diverse and heterogeneous mixtures of
wastes. For example, VSMWC units burn MSW that contains metals
including lead in varying amounts, and materials separation techniques
cannot achieve complete removal of lead or other compounds. In setting
emission limits for large and small MWC units under CAA sections 129
and 111, EPA examined materials separation techniques and proposed
materials separation requirements, but ultimately decided not to
require materials separation prior to combustion. We stated that ``the
variable and heterogeneous nature of municipal solid waste makes
quantification of such emission reductions associated with removal of
various materials technically infeasible'' (56 FR 5496, February 11,
1991). Subsequent revisions of the section 129 large and small MWC
rules in 1995, 1997, and 2000 also did not require materials separation
or use it as the basis for determining the MACT floors. The same waste
variability and materials separation considerations and constraints
that applied in development of the final large and small MWC rules also
apply to the final OSWI rules.
We acknowledge that there are limited emissions data available for
the floor level of control (i.e., uncontrolled two-chamber incineration
units), but also point out that we have gone beyond the floor in the
selection of emission limits based upon the use of a wet scrubber. From
a practical standpoint, any potential change in the floor emission
levels would not have any effect on the final emission limits selected.
Therefore, we do not see a need to re-evaluate the floor emission
levels used in our prior analysis because it would most likely not lead
us to establish different MACT limits.
Combined Subcategories. In the preamble to the proposed rules, we
requested comment on whether we should combine the two subcategories
(i.e., IWI and VSMWC) and determine a single MACT floor and emission
limits for new OSWI units. Likewise, we made a similar request
regarding combination of subcategories for existing units. We did not
receive any public comments in response to these requests. We have not
changed the subcategories or approach to determining the MACT floors.
[[Page 74884]]
2. Carbon Monoxide
Two commenters considered the CO emission limit of 5 parts per
million (ppm) (at 7 percent oxygen (O2)) to be
unrealistically low. Another commenter contended that a medium
efficiency wet scrubber cannot reduce CO to 5 ppm, as CO is not water
soluble and water will not affect the concentration.
We agree with the commenters' assertions that a wet scrubber is not
an effective control device for CO emissions. As we have discussed
previously, we used emissions test data for wet scrubber-equipped HMIWI
units to develop the proposed emission limits for new and existing OSWI
units. As one commenter observed, the CO emission limit for HMIWI is 40
ppmv. The HMIWI emission limit was based on data from CO continuous
emission monitoring systems (CEMS), and was determined to be the
emission limit continuously achieved on a 12-hour rolling average
basis. However, when we developed the proposed OSWI emission limits, we
used performance test data from HMIWI units instead of CEMS data to
develop CO and other pollutant emission limits. Although this approach
for CO was simple and consistent with the other pollutants, it was not
adequate to address the large quantity of data, including its
variability, that was considered when the HMIWI CO emission limit was
developed. Because CO is the only pollutant for which the final OSWI
rules require CEMS for existing and new units, we are revising the
emission limit to better account for the large volume of data generated
by the CEMS and the amount of inherent variability that occurs when
generating continuous data. The new CO limit is 40 ppmv over a 12-hour
rolling average. This limit is consistent with a previously promulgated
HMIWI emission limit for a source category similar to OSWI, and is also
the lowest CO emission limit of any of the CAA section 129 rules.
3. Hydrochloric Acid
One commenter believes the proposed HCl standard is unachievable
and should be revised to no lower than 20 ppm because EPA Method 26A
generally is not adequate for demonstrating compliance with an HCl
standard below 20 ppm at sources with wet scrubbers.
We have considered the commenter's assertion that EPA Method 26A is
not adequate for demonstrating compliance with a HCl standard below 20
ppm when sampling sources with wet scrubbers. Although it is not
evident that there is an outright problem, we now have a more mature
understanding of applicability of EPA Method 26A in certain
environments. Therefore, we acknowledge that a tester may need to take
certain precautions to ensure that there is no bias when sampling
streams with HCl concentrations at or below the 3.7 ppmv emission limit
as proposed. For example, there is the need to precondition the filter
with stack gas because the filter may absorb, adsorb, or react with
some of the HCl in the stack gas resulting in a number biased low.
Water droplets may also affect the results of the test. Additional
procedures may be required to eliminate any droplets within the
sampling train. As we discussed previously, we used test data from wet
scrubber-equipped HMIWI units to develop the proposed emission limits
for OSWI units. Unfortunately, we do not know if the personnel
conducting the HMIWI compliance emission tests that we used to develop
the 3.7 ppmv proposed OSWI emission limit took special precautions to
prevent a low bias when sampling and testing for HCl. To address this
uncertainty in the data and the commenter's concerns, we are amending
the HCl emission limits in the final OSWI rules to 15 ppmv. This is the
same limit contained in the final HMIWI rules, and HMIWI units equipped
with wet scrubbers are demonstrating compliance with a 15 ppmv limit.
We also note that there were no public comments received on testing
concerns for the 15 ppmv emission limit in the final HMIWI rules.
Although this is higher than the proposed HCl emission limit, it is the
lowest HCl emission limit of any CAA section 129 rule and is clearly
achievable by wet scrubber-equipped units similar to OSWI units. To
ensure that there is no bias in compliance test data, we are including
provisions in the final OSWI rules that require sources to condition
the filter before testing, and use a cyclone and post test purge if
water droplets may be present.
D. Title V Operating Permits
1. Air Curtain Incinerators
We received a number of comments regarding air curtain incinerators
and the title V operating permit requirements of the proposed OSWI
rules. The majority of these pertained to air curtain incinerators
burning only wood waste, clean lumber, and yard waste. For instance,
several commenters contended that the requirement for air curtain
incinerators burning only wood waste, clean lumber, and yard waste to
obtain a title V operating permit is not justified either legally or in
terms of environmental outcome and is inconsistent with previously
promulgated solid waste combustion regulations.
We disagree with the commenters' conclusions and so noted in our
response to similar comments in the final rule for the CISWI Federal
plan (68 FR 57518, October 3, 2003). During proposal for the CISWI
Federal plan, we clearly stated our interpretation that the CAA
requires permitting under title V for sources subject to rules written
pursuant to CAA sections 129 and 111. As is the case here, commenters
questioned our position on this matter by contending that by not
specifically referring to title V requirements in prior rulemakings, we
were indirectly expressing our position that title V regulations were
not applicable. To the contrary, we knew that 40 CFR part 70 or 40 CFR
part 71 title V requirements would apply to any rules written under CAA
section 129 or 111 and presumed no additional language was needed in
those rules to convey the need to meet the title V requirements. Given
prior comments to the effect that such presumptions were misplaced, we
responded by first saying that we were specific in the proposal about
the need for title V operating permits for air curtain incinerators
subject to the CISWI Federal plan for the purpose of clarifying that
need. We did so in order to clearly present EPA's view of such sources'
title V obligations, and to answer questions such as those voiced by
the prior commenters due to the absence of such specific language in
the CISWI emission guidelines and NSPS. Those prior comments are
similar to the comments now under discussion. At 68 FR 57527, we stated
that EPA has consistently maintained that operating permits are needed
for air curtain incinerators subject to NSPS and to State plans drafted
pursuant to emission guidelines. However, communications we received
following promulgation of the CISWI emission guidelines and NSPS
pointed to the advisability of specifically clarifying the matter in
the preamble to the CISWI Federal plan and in the final rule itself.
Thus, to facilitate the application of title V to these sources, we
specifically included in the CISWI Federal plan language describing the
need for title V operating permits. To further eliminate any doubt as
to the need for OSWI air curtain incinerators to obtain title V
operating permits, as is the case for all other classes of air curtain
incinerators, we clearly restated that requirement in 40 CFR 60.2994,
subpart FFFF, as proposed.
Two commenters concluded that the term ``solid waste incineration
unit'' is
[[Page 74885]]
defined in CAA section 129(g)(1) to specifically exclude ``air curtain
incinerators provided that such incinerators only burn wood wastes,
yard wastes and clean lumber and that such air curtain incinerators
comply with opacity limitations to be established by the Administrator
by rule.'' As a result, this means that permitting or other
requirements applicable to ``solid waste incineration units'' in CAA
section 129 do not apply to such air curtain incinerators in the same
way that they do not apply to hazardous waste combustors, materials
recovery facilities, and qualifying small power production facilities,
all of which also are specifically excluded from the definition of
``solid waste incineration unit.'' In addition to questioning EPA's use
of authority under CAA section 129 to require title V operating
permits, commenters were cognizant that in the Federal Register notice
promulgating the CISWI Federal plan that we had also expressed an
opinion that section 129 also invokes authority of CAA section 111,
thus triggering the provisions of CAA section 502. Section 502 of the
CAA requires that sources subject to section 111 must obtain title V
operating permits. Commenters expressed a number of opinions about the
interplay of CAA section 502 to the purpose of trying to make a case
that the section 502 provision for exempting classes of nonmajor
sources should be applied in the case of OSWI air curtain incinerators.
EPA believes that a facility should have a title V operating permit
in order to avail itself of the air curtain incinerator exclusion.
Absent this exclusion and demonstrated compliance with the opacity
limit therein, air curtain incinerators would be ``solid waste
incineration units'' and, therefore, subject to a plethora of
requirements under CAA section 129, including the requirement to obtain
a title V operating permit. The initial step in effectuating the
exemption is for EPA to use available statutory authority to establish
applicable opacity limits. In this case, EPA clearly stated in the
preamble to the proposed OSWI rules (69 FR 71482, December 9, 2004)
that it is relying on the authority of CAA section 129 to establish
these limits. Once EPA has established applicable opacity limits, it
must have a mechanism for tracking compliance with the limit(s) and
with the restrictions on the types of materials the air curtain
incinerator unit in question can burn. The mechanism available through
section 129 is an operating permit issued in accordance with title V of
the CAA. Congress clearly evidenced an intent to require all units
subject to requirements established pursuant to CAA section 129 to
obtain a title V operating permit in enacting section 129(e) of the
CAA, thus it is appropriate for EPA to use such permits to ensure that
units which claim to be entitled to the benefit of the provision in
section 129(g)(1) are in fact so entitled.
Two commenters requested that EPA acknowledge a distinction between
air curtain incinerators that are ``portable'' and those that are
``stationary.'' One commenter noted that in the States that are using
this approach, the ``portable'' unit is brought to a site and used on
waste material generated on that site and a ``stationary'' unit has
waste material brought to the unit from off site. The commenter
suggested that ``portable'' applications should be subject to a simple
permitting process that is no more complicated than an open burning
permit. The other commenter asked that EPA clarify its position on
whether air curtain incinerators are temporary or stationary sources.
First, regardless of whether an air curtain incinerator subject to
CAA section 129 is transported from site to site or is used at the same
site on a continuous basis, it is considered a stationary source under
40 CFR part 70 and 40 CFR part 71 and is required to obtain a title V
operating permit. Air curtain incinerators that are transported from
site to site are considered temporary sources as long as their
operations are temporary and they are moved at least once during the
term of their permits. (See 40 CFR 70.6(e) and 40 CFR 71.6(e).)
Temporary-use incinerators (whether they are air curtain incinerators
or other types of incinerators) used in disaster recovery and that meet
the requirements of 40 CFR 60.2969 or 40 CFR 60.3061 are not, however,
required to obtain a title V operating permit. This is because the
exclusion-allowing provisions noted above (or a section 111(d) plan
developed pursuant to them) do not trigger the requirement to apply for
a title V permit. If the requirements in 40 CFR 60.2969 or 40 CFR
60.3061 are met, only temporary-use incinerators that are otherwise
subject to title V permitting would be required to apply for and obtain
a title V permit.
As to the commenter's concern regarding the process for permitting
air curtain incinerators which are temporary sources, a permitting
authority may issue a single permit to the owner or operator of these
incinerators, thereby authorizing emissions by the same source owner or
operator at multiple temporary locations. (See section 504(e) of the
CAA and 40 CFR 70.6(e) and 40 CFR 71.6(e).) In order to track the
location of temporary sources, the owners or operators of these sources
must notify the relevant permitting authority at least 10 days in
advance of each change in location. For more information regarding the
requirements for temporary sources, see the statutory and regulatory
cites noted above.
As mentioned earlier, there were a number of comments on air
curtain incinerators and title V operating permits. While the above
discussion covers the majority of the issues regarding these units and
title V requirements, we encourage interested parties to review the
response to comments document for a complete discourse on the title V
comments we received and our response to those comments.
2. Unit Closure and Title V Operating Permits
One commenter expressed a concern that units planning to close
within the 3 years allowed by the proposed emission guidelines would
potentially have to apply for title V operating permits. The commenter
asked EPA to clarify in the final rules that sources either need to
close by the time their title V permit application is due or that a
title V permit application is not required for sources closing by the
final compliance date.
The timing of title V permit application deadlines is established
by law (see sections 129(e), 503(c), 503(d), and 502(a) of the CAA). As
such, EPA has no authority to exempt from this requirement sources
planning to close. Sources planning to close after the permit
application deadline may continue operations until the closure deadline
as long as the permit application deadline is met. Sources cannot
legally operate after the initial title V permit application deadline
without having submitted a complete title V application by this
deadline (see CAA section 503(c) and 40 CFR 70.5(a)(1)(i),
71.5(a)(1)(i), 70.7(b), and 71.7(b)). Sources planning to close can
explain the procedures and timing associated with their closures in
their title V permit applications. Such an explanation will provide the
permitting authority with much needed information and will allow the
permitting authority to take an anticipated closure into account as it
drafts the source's title V permit.
[[Page 74886]]
E. Testing
One commenter noted that air curtain incinerators normally operate
for a few weeks at any one project site. For these units, the commenter
noted that the proposed rules require an initial test for opacity
within 180 days after the final compliance date and annual tests to be
conducted no more than 12 months following the date of the previous
test. For stationary units or units frequently in operation, this may
be acceptable, but for units that may go months or years between uses
it is not clear when the opacity test would be required. As an
addendum, the commenter also asked who would be responsible for
conducting the test because these units are usually rented.
We acknowledge the commenter's concern regarding annual testing
requirements for air curtain incinerators that may not be used for
months or years. To address this, we are amending the testing
requirements for air curtain incinerators that burn only wood waste,
clean lumber and yard waste to require opacity testing upon startup if
the unit has been unused and out of operation for more than 12 months
following the last opacity test.
Regarding the commenter's question on testing responsibility if the
unit is rented, we would generally expect the owner (lessor) of the
unit to perform testing and maintain records of compliance testing for
the unit being rented. In this situation, the operator (lessee) is
responsible for obtaining all necessary documentation (e.g.,
performance test data) demonstrating that the unit is in compliance
from the owner (lessor) and maintaining the documentation on site with
the air curtain incinerator. The operator (lessee) in all situations is
responsible for correctly operating the unit, burning only allowable
materials, being aware of all compliance requirements (i.e., testing,
monitoring, recordkeeping and reporting), and making sure the unit is
in compliance while operating the unit. However, given the various
arrangements that may exist between owners and operators, different
lengths of time a unit may be operated at a particular site, etc., EPA
and State regulatory and enforcement agencies have discretion to
determine which of the parties is responsible for compliance activities
or noncompliance issues on a case-by-case basis.
F. Impacts
One commenter contended that EPA's use of national average costs
and ``typical'' units in determining impacts may have overlooked the
impact that the OSWI rules would have on small local governments,
school districts and small nonprofit organizations. The commenter
expressed concern that EPA's certification that the rules, as proposed,
will not have a significant economic impact on a substantial number of
small entities is not based on an adequate analysis of IWI units
operated by small entities.
The final OSWI rules provide exclusions for some sources that may
find it unreasonably costly to comply with the rules or utilize
alternative disposal options. These exclusions include such sources as
rural IWI units and incinerators in isolated areas of Alaska. These,
and the other exclusions, should provide relief for many small entities
for which a reasonable disposal alternative is unavailable. For
example, a small, rural school may apply for the rural IWI exclusion if
they are located more than 50 miles from the boundary of the nearest
MSA and can demonstrate that suitable waste disposal alternatives do
not exist or are economically infeasible considering their budget. A
small school located in an urban area will most likely find that
alternative disposal options are readily available, and that they would
incur no additional cost or perhaps a slight savings by shutting down
their waste combustion unit. The exclusions provided should adequately
cover those certain situations where feasible alternatives to
incineration do not exist.
As for areas where alternatives to incineration do exist, we have
found that the typical cost of incineration is the same as, or greater
than, that of using a landfill or sending waste to a larger MWC (see
tables 5 and 7 of OSWI Unit Control Options and Costs memorandum,
Docket item EPA-HQ-OAR-2003-0156-0012). An additional, more detailed
analysis of over 150 OSWI units was conducted to verify that this is
the case. The analysis used parameters appropriate for each OSWI unit,
including incinerator throughput, distance to nearby landfills, and
landfill tipping fees. The analysis confirmed our initial belief that
in the vast majority of cases an OSWI facility would incur no
additional cost when switching to a landfill. This was also true for
small entities. Information about this analysis is in the docket (see
Impacts of Other Solid Waste Incinerator Rule on Affected Small
Entities, November 2005).
There are several likely reasons that existing OSWI units have
continued to operate rather than close and use a less expensive waste
disposal method. Some sources may simply be unaware of other viable
waste disposal options and their costs. The attention of other sources
may be focused on their day-to-day operations, of which the
incineration of waste represents a small piece, both with respect to
overall operations and budget. Until an unanticipated event, such as a
significant maintenance or repair expense or, in this instance, new
regulatory requirements, causes a source to focus on the question of
whether to continue to incinerate versus turn to another waste disposal
method, the source may not have a reason to consider whether they are
using the most economical waste disposal method. Moreover, some sources
may not have considered other waste disposal options in lieu of
incineration due to concerns regarding the nature of their waste stream
(e.g., confidentiality or liability concerns).
As we point out in the preamble to the proposed rules, the OSWI
population has been steadily declining over the past several years, and
this trend would likely continue in the absence of an OSWI regulation.
To ensure that the affected sources were aware of the proposed rules,
EPA sent fact sheets to 361 of the existing OSWI units in our inventory
(we were unable to determine the mailing address for the remaining 11
units in our inventory). The fact sheets explained the proposed
regulations, the anticipated costs and impacts to their facilities, and
how they could submit comments. None of these facilities submitted
comments on the proposed rules and, in fact, about one-third of these
facilities informed us that they no longer own or operate an
incineration unit. In addition to the letters to the existing sources,
we also identified 125 trade organizations and interest groups that
represented potential OSWI owners/operators, such as school system
administrators, private school headmasters, correctional facility
administrators, religious organizations, associations of city and
county governments, etc. and sent them copies of the fact sheet. None
of these interest groups submitted comments on the proposed OSWI rules
or on the cost or other impacts EPA anticipated due to the rules. We
believe that this closure trend in absence of regulation exhibited by
existing OSWI units, paired with the lack of comment on our impacts
analysis by the soon-to-be regulated community, supports our analysis
that it is often more economical to shut down OSWI units and use an
alternative waste disposal method, and, therefore, that the final rules
do not pose a significant impact to a substantial number of small
entities.
However, to further address the commenter's concern, small entity
[[Page 74887]]
outreach surveys were sent to eight entities associated with schools
(e.g., State-affiliated department of education, office of school
facilities). The surveys requested information regarding the use of
solid waste incinerators at schools the entities represent or are
associated with. All responses, with one exception, indicate that
incinerators are not being used by the respondents. The one exception
regards an institution that owns/operates pathological waste
incinerators, which are excluded from regulation under the subparts.
V. Impacts of the Final Rules
A. What are the impacts for new units?
As stated in the preamble to the proposed rules, information
provided to EPA indicates that no or negative growth has been the trend
for OSWI units for the past several years. The information indicates
that this trend is expected to continue even in the absence of a
regulation. Furthermore, as our experience with other CAA section 129
regulations has shown, sources will likely respond to the final rules
by choosing not to construct new waste incineration units and will
utilize alternative waste disposal options rather than incur the costs
of compliance. The only potential new units identified by a public
commenter were a type of unit that, as described by the commenter,
would be an industrial unit rather than an OSWI unit or would qualify
for the exclusion for units in isolated areas of Alaska.
Considering this information, EPA does not anticipate the
construction of any new OSWI units that would be required to meet the
emission limits. Therefore, EPA expects no impacts of the final NSPS
for new units. However, for the sake of demonstrating that emissions
reductions would result from the NSPS in the unlikely event that a new
unit is constructed, EPA presented the expected emissions reductions
for four OSWI model plants in the preamble to the proposed rules (69 FR
71490, December 9, 2004).
Since proposal, the emission limits for CO and HCl have been
revised in response to comments, which result in different estimated
emissions reductions than those that were shown at proposal. The
expected emissions reductions for four OSWI model plants have been
recalculated and are shown in table 3 of this preamble. There were no
changes to the estimated cost, water, solid waste, and energy impacts
on new OSWI units since proposal.
Table 3.--Emissions Reductions on a Model Plant Basis
----------------------------------------------------------------------------------------------------------------
Emission reduction for OSWI model plants tons per year (tpy)
Pollutant --------------------------------------------------------------------------------
1 tpd capacity 5 tpd capacity 15 tpd capacity 30 tpd capacity
----------------------------------------------------------------------------------------------------------------
Cd............................. 3.8 x 10-4 1.9 x 10-3 5.6 x 10-3 1.1 x 10-2
CO............................. 1.5 x 10-2 7.5 x 10-2 0.22 0.45
Dioxins/furans................. 3.5 x 10-7 1.7 x 10-6 5.1 x 10-6 1.0 x 10-5
HCl............................ 0.97 4.7 14 28
Pb............................. 5.4 x 10-3 2.6 x 10-2 7.8 x 10-2 0.16
Hg............................. 5.6 x 10-4 2.7 x 10-3 8.2 x 10-3 1.6 x 10-2
NOX............................ 0.28 1.4 4.1 8.2
PM............................. 0.26 1.3 3.8 7.7
SO2............................ 0.69 3.4 10 20
----------------------
Total...................... 2.2 11 33 65
----------------------------------------------------------------------------------------------------------------
B. What are the impacts for existing units?
Information provided to EPA indicates that many existing OSWI units
have closed in recent years. In fact, since proposal we have learned
that at least one-third of the existing OSWI units in our inventory are
no longer operating. As we stated at proposal, this trend is expected
to continue even in the absence of a regulation. Furthermore, as our
experience with other CAA section 129 regulations has shown, sources
will likely respond to the final OSWI rules by choosing to shut down
existing waste incineration units and will utilize alternative waste
disposal options rather than incur the costs of compliance.
EPA's objective is not to encourage the use of alternatives or to
discourage continued use of VSMWC units or IWI units; rather EPA's
objective is to adopt emission guidelines for existing OSWI units that
fulfill the requirements of CAA section 129. In doing so, the primary
outcome associated with adoption of these emission guidelines is
projected to be an increase in the use of alternative waste disposal
and a decrease in the use of VSMWC units and IWI units. Consequently,
EPA acknowledges and incorporates this outcome into the analyses of
cost, environmental, and energy impacts associated with the emission
guidelines, as discussed in the preamble to the proposed rules (69 FR
71490, December 9, 2004).
To account for the existing OSWI unit closure information (123
facilities indicated after proposal that they no longer own or operate
an OSWI unit), we have reanalyzed the national emissions, cost, energy,
and solid waste impacts presented in the preamble to the proposed
rules.
1. What are the changes to the air impacts since proposal?
As discussed earlier, emission limit values for CO and HCl have
been revised since proposal due to public comments. EPA then revised
emission reduction estimates for each model unit, which are presented
in table 3 of this preamble. Furthermore, as discussed above, EPA has
learned since proposal that 123 of the existing OSWI units in our
inventory at proposal were already closed. Both of these changes
affected the estimated national emissions reductions presented in table
8 of the preamble to the proposed rules (69 FR 71491, December 9,
2004). Therefore, these emission reduction estimates were recalculated
and are presented in table 4 of this preamble. As shown, total
emissions reductions would be over 1,900 tpy if all the remaining
existing units in the OSWI inventory complied with the emission
guidelines by adding controls.
[[Page 74888]]
Table 4.--National Emissions Reductions If All Existing OSWI Units Comply With the Emission Guidelines
----------------------------------------------------------------------------------------------------------------
Emission reduction (tpy)
Pollutant ---------------------------------------------------------------------------
VSMWC IWI Total
----------------------------------------------------------------------------------------------------------------
Cd.................................. 6.1 x 10 2 0.27 0.33
CO.................................. 2.4 11 13
Dioxins/furans...................... 5.6 x 10 5 2.5 x 10 4 3.0 x 10 4
HCl................................. 154 684 837
Pb.................................. 0.85 3.8 4.6
Hg.................................. 8.9 x 10 2 0.40 0.49
NOX................................. 45 199 245
PM.................................. 42 185 227
SO2................................. 110 488 598
---------------------------
Total........................... 353 1,572 1,925
----------------------------------------------------------------------------------------------------------------
However, as we stated in the preamble to the proposed rules, EPA
anticipates that most existing OSWI units will elect to shut down and
utilize alternative waste disposal options (e.g., send waste to a
landfill or a large or small MWC unit). If the remaining existing OSWI
units closed and the waste was sent to a landfill, the anticipated
emissions reductions would be over 400 tpy for VSMWC units and over
1,800 tpy for IWI units, which totals over 2,200 tpy for all OSWI
units. These reductions occur despite a slight increase in landfill
emissions due to the additional waste being landfilled rather than
incinerated. By using EPA's Landfill Gas Emission Model (LandGEM), we
calculated an increase of 27 tpy of emissions of the regulated
pollutants would occur from landfills if all OSWI units closed and the
waste was sent to landfills. However, as stated above, this results in
net emissions reductions of 2,200 tpy from closure of all OSWI units.
2. What are the changes to the water and solid waste impacts since
proposal?
At proposal, EPA estimated that the water impacts of the OSWI rule
would be negligible. We have not changed this assessment of water
impacts. At proposal, we estimated that the national OSWI population is
used to dispose of approximately 85,000 tpy of solid waste. As
mentioned before, we anticipate that most, if not all, OSWI units will
shut down and the waste will be disposed of in alternative ways. At the
time, we concluded that the amount of additional waste that would be
sent to landfills due to adoption of the emission guidelines is
insignificant. Due to the information we have received on OSWI unit
closures since proposal, we have revised our estimate to approximately
60,000 tpy of waste being disposed of in OSWI units. This revision
results in even less potential solid waste being diverted to landfills
and large or small MWC units due to promulgation of the emission
guidelines. For perspective, over 100 million tpy of municipal waste is
disposed of in landfills. Therefore, we continue to maintain that the
amount of additional waste that will be sent to landfills is
insignificant.
3. What are the changes to the energy impacts since proposal?
At proposal, we concluded that the energy impacts would be
negligible since we anticipated that most units would shut down rather
than install and operate wet scrubbers. Since proposal, our inventory
of existing OSWI units has decreased. Therefore, our assessment of
negligible energy impacts at proposal remains unchanged.
4. What are the changes to the cost and economic impacts since
proposal?
At proposal, EPA's analysis showed that the national total costs
for all existing OSWI units to comply with the emission guidelines
would be approximately $63 million a year. As discussed previously, we
have learned that 123 of the existing OSWI units in our inventory at
proposal are permanently shut down. The revised national total cost for
the remaining existing OSWI units to comply with the emission
guidelines is approximately $42 million.
The remainder of our cost and economic impact discussion in the
preamble to the proposed rules (69 FR 71491, December 9, 2004),
however, is unaffected by the revised national cost estimate, and
remains valid for the final emission guidelines. As previously stated
in this preamble, as well as in the preamble to the proposed rules, the
cost of landfilling is less than the cost of incineration for most, if
not all, OSWI units. Since there is a chance some potentially affected
sources will obtain exemptions, we expect most of the affected VSMWC
units and IWI units will close and utilize an economical alternative
waste disposal method. Consequently, the net effect of the final
emission guidelines will be a net decrease in costs to the universe of
affected sources.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by OMB and the requirements of the
Executive Order. The Executive Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers the final rules a ``significant regulatory
action'' within the meaning of the Executive Order. Consequently, the
final rules were submitted to OMB for review. Changes made in response
to OMB suggestions or recommendations are documented in the public
record.
[[Page 74889]]
B. Paperwork Reduction Act
The information collection requirements in the final rules have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
documents have been prepared by EPA (ICR No. 2163.02 for subpart EEEE
and 2164.02 for subpart FFFF), and copies may be obtained from Susan
Auby by mail at the Collection Strategies Division, EPA (2822), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
auby.susan@epa.gov, or by calling (202) 566-1672. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. The information
collection requirements are not enforceable until OMB approves them.
The final rules contain monitoring, reporting, and recordkeeping
requirements. The information will be used by EPA to identify any new,
modified, or reconstructed incineration units subject to the NSPS and
to ensure that any new incineration units undergo a siting analysis and
comply with the emission limits and other requirements. Similarly, the
information specified in the emission guidelines will be used by States
or EPA to identify existing units subject to the State or Federal plans
that implement the emission guidelines, and to ensure that these units
comply with their emission limits and other requirements. Records and
reports are necessary to enable EPA or States to identify waste
incineration units that may not be in compliance with the requirements.
Based on reported information, EPA will decide which units and what
records or processes should be inspected.
These recordkeeping and reporting requirements are specifically
authorized by CAA section 114 (42 U.S.C. 7414). All information
submitted to EPA for which a claim of confidentiality is made will be
safeguarded according to EPA policies in 40 CFR part 2, subpart B,
Confidentiality of Business Information.
EPA estimates that there is no burden for the first 3 years after
promulgation of the NSPS for industry and the implementing agency. This
is because EPA expects no new OSWI units to be constructed over this 3-
year period.
The estimated average annual burden for the first 3 years after
promulgation of the emission guidelines for industry and the
implementing agency is outlined below.
----------------------------------------------------------------------------------------------------------------
Average Total annual
Affected entity annual hours Labor costs Capital costs O&M costs costs
----------------------------------------------------------------------------------------------------------------
Industry........................ 3,818 $175,408 $0 $0 $174,703
Implementing agency............. 383 17,611 0 0 17,611
----------------------------------------------------------------------------------------------------------------
EPA expects the emission guidelines to affect a maximum of 248 OSWI
units over the first 3 years. There are no capital, start-up, or
operation and maintenance costs for existing units during the first 3
years, because compliance with the emission guidelines is not required
until 5 years after promulgation of the emission guidelines (or 3 years
after the effective date of approval of a State or Federal plan to
implement the guidelines). Costs in the first 3 years include time to
review the guidelines and the State or Federal plan. The implementing
agency will not incur any capital or start-up costs.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
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 EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and 48 CFR chapter
15. When the ICRs are approved by OMB, EPA will publish a technical
amendment to 40 CFR part 9 in the Federal Register to display the OMB
control numbers for the approved information collection requirements
contained in the final rules.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions. EPA has determined that it is not
necessary to prepare a regulatory flexibility analysis in connection
with the final rules.
For purposes of assessing the impacts of the final rules on small
entities, small entity is defined as follows:
1. A small business that is an ultimate parent entity in the
regulated industry that has a gross annual revenue less than $6.0
million (this varies by industry category, ranging up to $10.5 million
for North American Industrial Classification System (NAICS) code 562213
(VSMWC)), based on Small Business Administration's size standards;
2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; or
3. A small organization that is any not-for-profit enterprise that
is independently owned and operated and is not dominant in its field.
After considering the economic impacts of the final rules on small
entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
The economic impacts on small entities will not be significant because
the cost of the final rules is expected to range from negligible to
actual cost savings. EPA expects that the majority of these entities
may realize a cost savings under the likely response to the final rules
(closure and using alternative waste disposal method).
Alternative waste disposal methods, such as landfilling, are
available for OSWI units. Our analysis using model plants and a
supplemental analysis using site specific data both support the idea
that the annual cost to landfill waste is typically less than the
annual cost of using an OSWI unit for waste disposal. Thus, the likely
response to the final rules will be for small entities that own and
operate OSWI units to close the units and use an alternative
[[Page 74890]]
waste disposal method. More detailed information about these analyses
is available in the docket (see Revised Economic Analysis for Other
Solid Waste Incineration (OSWI) Units, November 2005; and Impacts of
Other Solid Waste Incinerator Rule on Affected Small Entities, November
2005).
The Small Business Administration's Office of Advocacy (SBA)
expressed concerns that EPA's certification that the proposed standards
and guidelines would not have a significant economic impact on a
substantial number of small entities is not based on an adequate
analysis of IWI units operated by small entities. In response to SBA's
public comment, we conducted further detailed analyses (as summarized
in this preamble and available in the docket) and sent small entity
outreach surveys requesting information regarding the use of solid
waste incinerators at schools to eight entities (identified by SBA)
associated with schools. All responses from the small entity outreach
survey, with one exception, indicate that incinerators are not being
used by the respondents. The one exception regards an institution that
owns/operates pathological waste incinerators, which are excluded from
regulation under the standards and guidelines.
Although the final rules will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of the rules on small entities. The final
rules provide various exclusions for some sources that may find it
unreasonably costly to comply with the rules or utilize alternative
disposal options. These exclusions should provide relief for many small
entities for which a reasonable disposal alternative is unavailable.
In addition, to ensure that affected sources were aware of the
proposed rules, EPA sent fact sheets to 361 existing OSWI units in our
inventory and an additional 125 fact sheets to trade organizations and
interest groups that represented potential OSWI unit owners/operators.
The fact sheets explained the proposed regulations, the anticipated
costs and impacts to their facilities, and how they could submit
comments. None of the facilities or interest groups submitted comments
on the proposed OSWI rules or on the cost or other impacts EPA
anticipated due to the rulemaking and, in fact, about one-third of the
361 facilities informed us that they no longer own or operate an
incineration unit.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if EPA
publishes with the final rule an explanation why that alternative was
not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, EPA must develop a small government agency plan under
section 203 of the UMRA. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA's regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
EPA has determined that the final rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any 1 year. The total annual cost, in any 1 year, for all
OSWI units to comply with today's final rules is estimated at $42
million. However, as previously stated in this preamble, most OSWI
units are expected to close and utilize an economical alternative waste
disposal method rather than complying with the final rules. Therefore,
the cost impacts are expected to be negligible. Thus, the final rules
are not subject to the requirements of section 202 and 205 of the UMRA.
In addition, EPA has determined that the final rules contain no
regulatory requirements that might significantly or uniquely affect
small governments because the burden is small and the regulations do
not unfairly apply to small governments. Therefore, the final rules are
not subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.''
The final rules do not have federalism implications. They 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,
as specified in Executive Order 13132. The final rules will not impose
substantial direct compliance costs on State or local governments, and
will not preempt State law. Thus, Executive Order 13132 does not apply
to the final rules.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, (65 FR 67249, November 9, 2000), requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on relationship between the
Federal government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal government and Indian
tribes.''
The final rules do not have Tribal implications, as specified in
Executive Order 13175. They will not have substantial direct effects on
Tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
the final rules.
[[Page 74891]]
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives EPA considered.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rules are not
subject to Executive Order 13045 because they are based on technology
performance and not on health and safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
Executive Order 13211 (66 FR 28355, May 22, 2001) requires agencies
to prepare and submit to the Administrator of the Office of Information
and Regulatory Affairs, OMB, a Statement of Energy Effects for certain
actions identified as ``significant energy actions.'' Section 4(b) of
Executive Order 13211 defines ``significant energy actions'' as ``any
action by an agency (normally published in the Federal Register) that
promulgates or is expected to lead to the promulgation of a final rule
or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse on
the supply, distribution, or use of energy; or (2) that is designated
by the Administrator of the Office of Information and Regulatory
Affairs as a significant energy action * * *.'' Although the final
rules are considered to be a significant regulatory action under
Executive Order 12866, they are not a ``significant energy action''
because they are not likely to have a significant adverse effect on the
supply, distribution, or use of energy. The basis for the determination
follows.
EPA expects that few, if any, OSWI facilities will elect to
continue to operate OSWI units, and that most facilities will respond
to the final rules by closing existing OSWI units and using alternative
waste disposal techniques. This response is likely because the annual
cost of landfilling, an alternative waste disposal method, is typically
less expensive than the annual cost of using an OSWI unit for waste
disposal. In the few cases where an OSWI facility elects to comply with
the final rules by installing a wet scrubber, the operation of the
scrubber will result in a small increase in power consumption. However,
due to the small size of these units (and the likelihood that very few
of them will continue to operate), the energy impacts will be
negligible.
Given the negligible change in energy consumption resulting from
the final rules, EPA does not expect any price increase for any energy
type. The cost of energy distribution should not be affected by the
final rules at all since the final rules do not affect energy
distribution facilities. EPA also expects that there would be no impact
on the import of foreign energy supplies, and EPA does not expect other
adverse outcomes to occur with regards to energy supplies.
Therefore, EPA concludes that the final rules are not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in their regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) developed or adopted by one or
more voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through annual reports to OMB, with explanations when an
agency does not use available and applicable voluntary consensus
standards.
The final rules involve technical standards. EPA cites the
following standards in the final rules: EPA Methods 1, 2, 3A, 3B, 4, 5,
6 or 6C, 7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or 10B, 23, 26A, and 29 of
40 CFR part 60, appendix A.
Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards in addition to these EPA methods. No
applicable voluntary consensus standards were identified for EPA
Methods 7D and 9. The search and review results have been documented
and are in the docket for the final rules. One voluntary consensus
standard was identified as an acceptable alternative to EPA test
methods for the purposes of the final rules. The voluntary consensus
standard ASME PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas
Analyses,'' is cited in the final rules for its manual methods for
measuring the nitrogen oxide, oxygen, and sulfur dioxide content of
exhaust gas. These parts of ASME PTC 19-10-1981--Part 10 are acceptable
alternatives to Methods 3B, 6, 7, and 7C.
The search for emissions measurement procedures identified 26
voluntary consensus standards potentially applicable to the final
rules. EPA determined that 24 of the 26 candidate standards identified
for measuring emissions of Cd, CO, dioxins/furans, HCl, Hg, Pb, PM,
NOX, and SO2 subject to the emission limits were
impractical alternatives to EPA test methods for the purposes of the
final rules. Therefore, EPA does not intend to adopt the standards for
this purpose. (See Docket ID No. EPA-HQ-OAR-2003-0156 for further
information on the methods.) Two of the 26 voluntary consensus
standards identified in this search were not available at the time the
review was conducted because they are under development by a voluntary
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity
Traverse,'' for EPA Method 2 (and possibly 1); and ASME/BSR MFC 12M,
``Flow in Closed Conduits Using Multiport Averaging Pitot Primary
Flowmeters,'' for EPA Method 2.
Tables 1 and 3 to subpart EEEE of 40 CFR part 60 and tables 2 and 4
to subpart FFFF of 40 CFR part 60 list the EPA testing methods included
in the final rules. Under 40 CFR 60.8(b) and 60.13(i) of subpart A
(General Provisions), a source may apply to EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any of the EPA testing methods, performance specifications, or
procedures.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General
[[Page 74892]]
of the United States. EPA will submit a report containing the final
rules and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the final rules in the Federal Register. The
final rules are not ``major rules'' as defined by 5 U.S.C. 804(2). The
final NSPS will be effective on June 16, 2006. The final emission
guidelines are effective on February 14, 2006.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: November 30, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
0
2. Section 60.17 is amended by revising paragraph (h) introductory text
and adding paragraph (h)(4) to read as follows:
Sec. 60.17 Incorporation by Reference.
* * * * *
(h) The following material is available for purchase from the
American Society of Mechanical Engineers (ASME), Three Park Avenue, New
York, NY 10016-5990.
* * * * *
(4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], IBR approved for Tables 1 and 3 of
subpart EEEE, and Tables 2 and 4 of subpart FFFF of this part.
* * * * *
0
3. Part 60 is amended by adding subpart EEEE to read as follows:
Subpart EEEE--Standards of Performance for Other Solid Waste
Incineration Units for Which Construction Is Commenced After December
9, 2004, or for Which Modification or Reconstruction Is Commenced on or
After June 16, 2006.
Introduction
Sec.
60.2880 What does this subpart do?
60.2881 When does this subpart become effective?
Applicability
60.2885 Does this subpart apply to my incineration unit?
60.2886 What is a new incineration unit?
60.2887 What combustion units are excluded from this subpart?
60.2888 Are air curtain incinerators regulated under this subpart?
60.2889 Who implements and enforces this subpart?
60.2890 How are these new source performance standards structured?
60.2891 Do all components of these new source performance standards
apply at the same time?
Preconstruction Siting Analysis
60.2894 Who must prepare a siting analysis?
60.2895 What is a siting analysis?
Waste Management Plan
60.2899 What is a waste management plan?
60.2900 When must I submit my waste management plan?
60.2901 What should I include in my waste management plan?
Operator Training and Qualification
60.2905 What are the operator training and qualification
requirements?
60.2906 When must the operator training course be completed?
60.2907 How do I obtain my operator qualification?
60.2908 How do I maintain my operator qualification?
60.2909 How do I renew my lapsed operator qualification?
60.2910 What site-specific documentation is required?
60.2911 What if all the qualified operators are temporarily not
accessible?
Emission Limitations and Operating Limits
60.2915 What emission limitations must I meet and by when?
60.2916 What operating limits must I meet and by when?
60.2917 What if I do not use a wet scrubber to comply with the
emission limitations?
60.2918 What happens during periods of startup, shutdown, and
malfunction?
Performance Testing
60.2922 How do I conduct the initial and annual performance test?
60.2923 How are the performance test data used?
Initial Compliance Requirements
60.2927 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.2928 By what date must I conduct the initial performance test?
Continuous Compliance Requirements
60.2932 How do I demonstrate continuous compliance with the emission
limitations and the operating limits?
60.2933 By what date must I conduct the annual performance test?
60.2934 May I conduct performance testing less often?
60.2935 May I conduct a repeat performance test to establish new
operating limits?
Monitoring
60.2939 What continuous emission monitoring systems must I install?
60.2940 How do I make sure my continuous emission monitoring systems
are operating correctly?
60.2941 What is my schedule for evaluating continuous emission
monitoring systems?
60.2942 What is the minimum amount of monitoring data I must collect
with my continuous emission monitoring systems, and is the data
collection requirement enforceable?
60.2943 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?
60.2944 What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?
60.2945 Is there a minimum amount of operating parameter monitoring
data I must obtain?
Recordkeeping and Reporting
60.2949 What records must I keep?
60.2950 Where and in what format must I keep my records?
60.2951 What reports must I submit?
60.2952 What must I submit prior to commencing construction?
60.2953 What information must I submit prior to initial startup?
60.2954 What information must I submit following my initial
performance test?
60.2955 When must I submit my annual report?
60.2956 What information must I include in my annual report?
60.2957 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.2958 What must I include in the deviation report?
60.2959 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.2960 Are there any other notifications or reports that I must
submit?
60.2961 In what form can I submit my reports?
60.2962 Can reporting dates be changed?
Title V Operating Permits
60.2966 Am I required to apply for and obtain a title V operating
permit for my unit?
60.2967 When must I submit a title V permit application for my new
unit?
Temporary-Use Incinerators and Air Curtain Incinerators Used in
Disaster Recovery
60.2969 What are the requirements for temporary-use incinerators and
air curtain incinerators used in disaster recovery?
Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and
Yard Waste
60.2970 What is an air curtain incinerator?
[[Page 74893]]
60.2971 What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard
waste?
60.2972 How must I monitor opacity for air curtain incinerators that
burn only wood waste, clean lumber, and yard waste?
60.2973 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?
60.2974 Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,
clean lumber, and yard waste?
Equations
60.2975 What equations must I use?
Definitions
60.2977 What definitions must I know?
Tables to Subpart EEEE of Part 60
Table 1 to Subpart EEEE of Part 60--Emission Limitations
Table 2 to Subpart EEEE of Part 60--Operating Limits for
Incinerators and Wet Scrubbers
Table 3 to Subpart EEEE of Part 60--Requirements for Continuous
Emission Monitoring Systems (CEMS)
Table 4 to Subpart EEEE of Part 60--Summary of Reporting
Requirements
Subpart EEEE--Standards of Performance for Other Solid Waste
Incineration Units for Which Construction is Commenced After
December 9, 2004, or for Which Modification or Reconstruction is
Commenced on or After June 16, 2006.
Introduction
Sec. 60.2880 What does this subpart do?
This subpart establishes new source performance standards for other
solid waste incineration (OSWI) units. Other solid waste incineration
units are very small municipal waste combustion units and institutional
waste incineration units.
Sec. 60.2881 When does this subpart become effective?
This subpart takes effect June 16, 2006. Some of the requirements
in this subpart apply to planning the incineration unit and must be
completed even before construction is initiated on the unit (i.e., the
preconstruction requirements in Sec. Sec. 60.2894 and 60.2895). Other
requirements such as the emission limitations and operating limits
apply when the unit begins operation.
Applicability
Sec. 60.2885 Does this subpart apply to my incineration unit?
Yes, if your incineration unit meets all the requirements specified
in paragraphs (a) through (c) of this section.
(a) Your incineration unit is a new incineration unit as defined in
Sec. 60.2886.
(b) Your incineration unit is an OSWI unit as defined in Sec.
60.2977 or an air curtain incinerator subject to this subpart as
described in Sec. 60.2888(b). Other solid waste incineration units are
very small municipal waste combustion units and institutional waste
incineration units as defined in Sec. 60.2977.
(c) Your incineration unit is not excluded under Sec. 60.2887.
Sec. 60.2886 What is a new incineration unit?
(a) A new incineration unit is an incineration unit subject to this
subpart that meets either of the two criteria specified in paragraphs
(a)(1) or (2) of this section.
(1) Commenced construction after December 9, 2004.
(2) Commenced reconstruction or modification on or after June 16,
2006.
(b) This subpart does not affect your incineration unit if you make
physical or operational changes to your incineration unit primarily to
comply with the emission guidelines in subpart FFFF of this part. Such
changes do not qualify as reconstruction or modification under this
subpart.
Sec. 60.2887 What combustion units are excluded from this subpart?
This subpart excludes the types of units described in paragraphs
(a) through (q) of this section, as long as you meet the requirements
of this section.
(a) Cement kilns. Your unit is excluded if it is regulated under
subpart LLL of part 63 of this chapter (National Emission Standards for
Hazardous Air Pollutants from the Portland Cement Manufacturing
Industry).
(b) Co-fired combustors. Your unit, that would otherwise be
considered a very small municipal waste combustion unit, is excluded if
it meets the five requirements specified in paragraphs (b)(1) through
(5) of this section.
(1) The unit has a Federally enforceable permit limiting the
combustion of municipal solid waste to 30 percent of the total fuel
input by weight.
(2) You notify the Administrator that the unit qualifies for the
exclusion.
(3) You provide the Administrator with a copy of the Federally
enforceable permit.
(4) You record the weights, each calendar quarter, of municipal
solid waste and of all other fuels combusted.
(5) You keep each report for 5 years. These records must be kept on
site for at least 2 years. You may keep the records off site for the
remaining 3 years.
(c) Cogeneration facilities. Your unit is excluded if it meets the
three requirements specified in paragraphs (c)(1) through (3) 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 notify the Administrator that the unit meets all of these
criteria.
(d) Commercial and industrial solid waste incineration units. Your
unit is excluded if it is regulated under subparts CCCC or DDDD of this
part and is required to meet the emission limitations established in
those subparts.
(e) Hazardous waste combustion units. Your unit is excluded if it
meets either of the two criteria specified in paragraph (e)(1) or (2)
of this section.
(1) You are required to get a permit for your unit under section
3005 of the Solid Waste Disposal Act.
(2) Your unit is regulated under 40 CFR part 63, subpart EEE
(National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors).
(f) Hospital/medical/infectious waste incinerators. Your unit is
excluded if it is regulated under subparts Ce or Ec of this part (New
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators).
(g) Incinerators and air curtain incinerators in isolated areas of
Alaska. Your incineration unit is excluded if it is used at a solid
waste disposal site in Alaska that is classified as a Class II or Class
III municipal solid waste landfill, as defined in Sec. 60.2977.
(h) Rural institutional waste incinerators. Your incineration unit
is excluded if it is an institutional waste incineration unit, as
defined in Sec. 60.2977, and the application for exclusion described
in paragraphs (h)(1) and (2) of this section has been approved by the
Administrator.
(1) Prior to initial startup, an application and supporting
documentation demonstrating that the institutional waste incineration
unit meets the two requirements specified in paragraphs (h)(1)(i) and
(ii) of this section must be submitted to and approved by the
Administrator.
[[Page 74894]]
(i) The unit is located more than 50 miles from the boundary of the
nearest Metropolitan Statistical Area,
(ii) Alternative disposal options are not available or are
economically infeasible.
(2) The application described in paragraph (h)(1) of this section
must be revised and resubmitted to the Administrator for approval every
5 years following the initial approval of the exclusion for your unit.
(3) If you re-applied for an exclusion pursuant to paragraph (h)(2)
of this section and were denied exclusion by the Administrator, you
have 3 years from the expiration date of the current exclusion to
comply with the emission limits and all other applicable requirements
of this subpart.
(i) Institutional boilers and process heaters. Your unit is
excluded if it is regulated under 40 CFR part 63, subpart DDDDD
(National Emission Standards for Hazardous Air Pollutants for
Industrial, Commercial, and Institutional Boilers and Process Heaters).
(j) Laboratory Analysis Units. Your unit is excluded if it burns
samples of materials only for the purpose of chemical or physical
analysis.
(k) Materials recovery units. Your unit is excluded if it combusts
waste for the primary purpose of recovering metals. Examples include
primary and secondary smelters.
(l) Pathological waste incineration units. Your institutional waste
incineration unit or very small municipal waste combustion unit is
excluded from this subpart if it burns 90 percent or more by weight (on
a calendar quarter basis and excluding the weight of auxiliary fuel and
combustion air) of pathological waste, low-level radioactive waste,
and/or chemotherapeutic waste as defined in Sec. 60.2977 and you
notify the Administrator that the unit meets these criteria.
(m) Small or large municipal waste combustion units. Your unit is
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb,
of this part and is required to meet the emission limitations
established in those subparts.
(n) Small power production facilities. Your unit is excluded if it
meets the three requirements specified in paragraphs (n)(1) through (3)
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 notify the Administrator that the unit meets all of these
criteria.
(o) Temporary-use incinerators and air curtain incinerators used in
disaster recovery. Your incineration unit is excluded if it is used on
a temporary basis to combust debris from a disaster or emergency such
as a tornado, hurricane, flood, ice storm, high winds, or act of
bioterrorism and you comply with the requirements in Sec. 60.2969.
(p) Units that combust contraband or prohibited goods. Your
incineration unit is excluded if the unit is owned or operated by a
government agency such as police, customs, agricultural inspection, or
a similar agency to destroy only illegal or prohibited goods such as
illegal drugs, or agricultural food products that can not be
transported into the country or across State lines to prevent
biocontamination. The exclusion does not apply to items either
confiscated or incinerated by private, industrial, or commercial
entities.
(q) Incinerators used for national security. Your incineration unit
is excluded if it meets the requirements specified in either (q)(1) or
(2) of this section.
(1) The incineration unit is used solely during military training
field exercises to destroy national security materials integral to the
field exercises.
(2) The incineration unit is used solely to incinerate national
security materials, its use is necessary to safeguard national
security, you follow the exclusion request requirements in paragraphs
(q)(2)(i) and (ii) of this section, and the Administrator has approved
your request for exclusion.
(i) The request for exclusion and supporting documentation must
demonstrate both that the incineration unit is used solely to destroy
national security materials and that a reliable alternative to
incineration that ensures acceptable destruction of national security
materials is unavailable, on either a permanent or temporary basis.
(ii) The request for exclusion must be submitted to and approved by
the Administrator prior to initial startup.
Sec. 60.2888 Are air curtain incinerators regulated under this
subpart?
(a) Air curtain incinerators that burn less than 35 tons per day of
municipal solid waste or air curtain incinerators located at
institutional facilities burning any amount of institutional waste
generated at that facility are subject to all requirements of this
subpart, including the emission limitations specified in Table 1 of
this subpart.
(b) Air curtain incinerators that burn only less than 35 tons per
day of the materials listed in paragraphs (b)(1) through (4) of this
section collected from the general public and from residential,
commercial, institutional, and industrial sources; or, air curtain
incinerators located at institutional facilities that burn only the
materials listed in paragraphs (b)(1) through (4) of this section
generated at that facility, are required to meet only the requirements
in Sec. Sec. 60.2970 through 60.2974 and are exempt from all other
requirements of this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
Sec. 60.2889 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If EPA has delegated authority to
your State, local, or tribal agency, then that agency (as well as EPA)
has the authority to implement and enforce this subpart. You should
contact your EPA Regional Office to find out if this subpart is
delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency, the authorities contained
in paragraphs (b)(1) through (6) of this section are retained by EPA
and are not transferred to the State, local, or tribal agency.
(1) Approval of alternatives to the emission limitations in Table 1
of this subpart and operating limits established under Sec. 60.2916
and Table 2 of this subpart.
(2) Approval of petitions for specific operating limits in Sec.
60.2917.
(3) Approval of major alternatives to test methods.
(4) Approval of major alternatives to monitoring.
(5) Approval of major alternatives to recordkeeping and reporting.
(6) The status report requirements in Sec. 60.2911(c)(2).
Sec. 60.2890 How are these new source performance standards
structured?
These new source performance standards contain nine major
components, as follows:
(a) Preconstruction siting analysis.
(b) Waste management plan.
(c) Operator training and qualification.
[[Page 74895]]
(d) Emission limitations and operating limits.
(e) Performance testing.
(f) Initial compliance requirements.
(g) Continuous compliance requirements.
(h) Monitoring.
(i) Recordkeeping and reporting.
Sec. 60.2891 Do all components of these new source performance
standards apply at the same time?
No, you must meet the preconstruction siting analysis and waste
management plan requirements before you commence construction,
reconstruction, or modification of the OSWI unit. The operator training
and qualification, emission limitations, operating limits, performance
testing and compliance, monitoring, and most recordkeeping and
reporting requirements are met after the OSWI unit begins operation.
Preconstruction Siting Analysis
Sec. 60.2894 Who must prepare a siting analysis?
(a) You must prepare a siting analysis if you commence
construction, reconstruction, or modification of an OSWI unit after
June 16, 2006.
(b) If you commence construction, reconstruction, or modification
of an OSWI unit after December 9, 2004, but before June 16, 2006, you
are not required to prepare the siting analysis specified in this
subpart.
Sec. 60.2895 What is a siting analysis?
(a) The siting analysis must consider air pollution control
alternatives that minimize, on a site-specific basis, to the maximum
extent practicable, potential risks to public health or the
environment. In considering such alternatives, you may consider costs,
energy impacts, nonair environmental impacts, or any other factors
related to the practicability of the alternatives.
(b) Analyses of your OSWI unit's impacts that are prepared to
comply with State, local, or other Federal regulatory requirements may
be used to satisfy the requirements of this section, provided they
include the consideration of air pollution control alternatives
specified in paragraph (a) of this section.
(c) You must complete and submit the siting requirements of this
section as required under Sec. 60.2952(c) prior to commencing
construction, reconstruction, or modification.
Waste Management Plan
Sec. 60.2899 What is a waste management plan?
A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.
Sec. 60.2900 When must I submit my waste management plan?
You must submit a waste management plan prior to commencing
construction, reconstruction, or modification.
Sec. 60.2901 What should I include in my waste management plan?
A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures and implement those measures the source considers practical
and feasible, considering the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.
Operator Training and Qualification
Sec. 60.2905 What are the operator training and qualification
requirements?
(a) No OSWI unit can be operated unless a fully trained and
qualified OSWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified OSWI
unit operator may operate the OSWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified OSWI unit operators are temporarily not accessible,
you must follow the procedures in Sec. 60.2911.
(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 thirteen subjects listed in paragraphs
(c)(1)(i) through (xiii) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Methods to monitor pollutants (including monitoring of
incinerator and control device operating parameters) and monitoring
equipment calibration procedures, where applicable.
(viii) Actions to correct malfunctions or conditions that may lead
to malfunction.
(ix) Bottom and fly ash characteristics and handling procedures.
(x) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
(xi) Pollution prevention.
(xii) Waste management practices.
(xiii) Recordkeeping requirements.
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that may
serve as reference material following completion of the course.
Sec. 60.2906 When must the operator training course be completed?
The operator training course must be completed by the latest of the
three dates specified in paragraphs (a) through (c) of this section.
(a) Six months after your OSWI unit startup.
(b) December 18, 2006.
(c) The date before an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.
Sec. 60.2907 How do I obtain my operator qualification?
(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 60.2905(c).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 60.2905(c)(2).
Sec. 60.2908 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.
[[Page 74896]]
(a) Update of regulations.
(b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or conditions that may lead to
malfunction.
(e) Discussion of operating problems encountered by attendees.
Sec. 60.2909 How do I renew my lapsed operator qualification?
You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 60.2908.
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 60.2907(a).
Sec. 60.2910 What site-specific documentation is required?
(a) Documentation must be available at the facility and readily
accessible for all OSWI unit operators that addresses the nine topics
described in paragraphs (a)(1) through (9) 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
operating limits established under this subpart.
(7) Reporting and recordkeeping procedures.
(8) The waste management plan required under Sec. Sec. 60.2899
through 60.2901.
(9) Procedures for handling ash.
(b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator.
(1) The initial review of the information listed in paragraph (a)
of this section must be conducted by December 18, 2006 or prior to an
employee's assumption of responsibilities for operation of the OSWI
unit, whichever date is later.
(2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
(c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
(1) Records showing the names of OSWI unit operators 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 the OSWI unit operators who have
completed the operator training requirements under Sec. 60.2905, met
the criteria for qualification under Sec. 60.2907, and maintained or
renewed their qualification under Sec. 60.2908 or Sec. 60.2909.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
Sec. 60.2911 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 three criteria specified in paragraphs (a)
through (c) 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 12 hours or
less, the OSWI unit may be operated by other plant personnel familiar
with the operation of the OSWI unit who have completed review of the
information specified in Sec. 60.2910(a) within the past 12 months.
You do not need to notify the Administrator or include this as a
deviation in your annual report.
(b) When all qualified operators are not accessible for more than
12 hours, but less than 2 weeks, the OSWI unit may be operated by other
plant personnel familiar with the operation of the OSWI unit who have
completed a review of the information specified in Sec. 60.2910(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec. 60.2956.
(c) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(c)(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 EPA 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 EPA to continue operation of the OSWI unit.
You must submit the first status report 4 weeks after you notify the
Administrator of the deviation under paragraph (c)(1) of this section.
If EPA notifies you that your request to continue operation of the OSWI
unit is disapproved, the OSWI unit may continue operation for 90 days,
then must cease operation. Operation of the unit may resume if you meet
the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
(i) A qualified operator is accessible as required under Sec.
60.2905(a).
(ii) You notify EPA that a qualified operator is accessible and
that you are resuming operation.
Emission Limitations and Operating Limits
Sec. 60.2915 What emission limitations must I meet and by when?
You must meet the emission limitations specified in Table 1 of this
subpart 60 days after your OSWI unit reaches the charge rate at which
it will operate, but no later than 180 days after its initial startup.
Sec. 60.2916 What operating limits must I meet and by when?
(a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 2 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraphs (a)(1)(i) or (ii) of this section, as
appropriate.
(i) For continuous and intermittent units, maximum charge rate is
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 the charge rate
measured during the most recent performance test
[[Page 74897]]
demonstrating compliance with all applicable emission limitations.
(2) Minimum pressure drop across the wet scrubber, which is
calculated as the 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 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
average liquor flow rate at the inlet to the wet 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 average
liquor pH at the inlet to the wet scrubber measured during the most
recent performance test demonstrating compliance with the hydrogen
chloride and sulfur dioxide emission limitations.
(b) You must meet the operating limits established during the
initial performance test 60 days after your OSWI unit reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup.
Sec. 60.2917 What if I do not use a wet scrubber to comply with the
emission limitations?
If you use an air pollution control device other than a wet
scrubber or limit emissions in some other manner to comply with the
emission limitations under Sec. 60.2915, you must petition EPA for
specific operating limits, the values of which are to be established
during the initial performance test and then continuously monitored
thereafter. You must not conduct the initial performance test until
after the petition has been approved by EPA. Your petition must include
the five items listed in paragraphs (a) through (e) of this section.
(a) Identification of the specific parameters you propose to use as
operating limits.
(b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
Sec. 60.2918 What happens during periods of startup, shutdown, and
malfunction?
The emission limitations and operating limits apply at all times
except during OSWI unit startups, shutdowns, or malfunctions.
Performance Testing
Sec. 60.2922 How do I conduct the initial and annual performance
test?
(a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
(b) All performance tests must be conducted using the methods in
Table 1 of this subpart.
(c) All performance tests must be conducted using the minimum run
duration specified in Table 1 of this subpart.
(d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
(e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 in ``60.2975.
(g) Method 26A of appendix A of this part must be used for hydrogen
chloride concentration analysis, with the additional requirements
specified in paragraphs (g)(1) through (3) of this section.
(1) The probe and filter must be conditioned prior to sampling
using the procedure described in paragraphs (g)(1)(i) through (iii) of
this section.
(i) Assemble the sampling train(s) and conduct a conditioning run
by collecting between 14 liters per minute (0.5 cubic feet per minute)
and 30 liters per minute (1.0 cubic feet per minute) of gas over a one-
hour period. Follow the sampling procedures outlined in section 8.1.5
of Method 26A of appendix A of this part. For the conditioning run,
water can be used as the impinger solution.
(ii) Remove the impingers from the sampling train and replace with
a fresh impinger train for the sampling run, leaving the probe and
filter (and cyclone, if used) in position. Do not recover the filter or
rinse the probe before the first run. Thoroughly rinse the impingers
used in the preconditioning run with deionized water and discard these
rinses.
(iii) The probe and filter assembly are conditioned by the stack
gas and are not recovered or cleaned until the end of testing.
(2) For the duration of sampling, a temperature around the probe
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and
134 [deg]C (273 [deg]F) must be maintained.
(3) If water droplets are present in the sample gas stream, the
requirements specified in paragraphs (g)(3)(i) and (ii) of this section
must be met.
(i) The cyclone described in section 6.1.4 of Method 26A of
appendix A of this part must be used.
(ii) The post-test moisture removal procedure described in section
8.1.6 of Method 26A of appendix A of this part must be used.
Sec. 60.2923 How are the performance test data used?
You use results of performance tests to demonstrate compliance with
the emission limitations in Table 1 of this subpart.
Initial Compliance Requirements
Sec. 60.2927 How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?
You must conduct an initial performance test, as required under
Sec. 60.8, to determine compliance with the emission limitations in
Table 1 of this subpart and to establish operating limits using the
procedure in Sec. 60.2916 or Sec. 60.2917. The initial performance
test must be conducted using the test methods listed in Table 1 of this
subpart and the procedures in Sec. 60.2922.
Sec. 60.2928 By what date must I conduct the initial performance
test?
The initial performance test must be conducted within 60 days after
your OSWI unit reaches the charge rate at which it will operate, but no
later than 180 days after its initial startup.
Continuous Compliance Requirements
Sec. 60.2932 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
(a) You must conduct an annual performance test for all of the
pollutants in Table 1 of this subpart for each OSWI unit to determine
compliance with the
[[Page 74898]]
emission limitations. The annual performance test must be conducted
using the test methods listed in Table 1 of this subpart and the
procedures in 60.2922.
(b) You must continuously monitor carbon monoxide emissions to
determine compliance with the carbon monoxide emissions limitation.
Twelve-hour rolling average values are used to determine compliance. A
12-hour rolling average value above the carbon monoxide emission limit
in Table 1 of this subpart constitutes a deviation from the emission
limitation.
(c) You must continuously monitor the operating parameters
specified in Sec. 60.2916 or established under Sec. 60.2917. Three-
hour rolling average values are used to determine compliance with the
operating limits unless a different averaging period is established
under Sec. 60.2917. A 3-hour rolling average value (unless a different
averaging period is established under Sec. 60.2917) above the
established maximum or below the established minimum operating limits
constitutes a deviation from the established operating limits.
Operating limits do not apply during performance tests.
Sec. 60.2933 By what date must I conduct the annual performance test?
You must conduct annual performance tests within 12 months
following the initial performance test. Conduct subsequent annual
performance tests within 12 months following the previous one.
Sec. 60.2934 May I conduct performance testing less often?
(a) You can test less often for a given pollutant if you have test
data for at least three consecutive annual tests, and all performance
tests for the pollutant over that period show that you comply with the
emission limitation. In this case, you do not have to conduct a
performance test for that pollutant for the next 2 years. You must
conduct a performance test during the 3rd year and no more than 36
months following the previous performance test.
(b) If your OSWI unit continues to meet the emission limitation for
the pollutant, you may choose to conduct performance tests for that
pollutant every 3rd year, but each test must be within 36 months of the
previous performance test.
(c) If a performance test shows a deviation from an emission
limitation for any pollutant, you must conduct annual performance tests
for that pollutant until three consecutive annual performance tests for
that pollutant all show compliance.
Sec. 60.2935 May I conduct a repeat performance test to establish new
operating limits?
Yes, you may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.
Monitoring
Sec. 60.2939 What continuous emission monitoring systems must I
install?
(a) You must install, calibrate, maintain, and operate continuous
emission monitoring systems for carbon monoxide and for oxygen. You
must monitor the oxygen concentration at each location where you
monitor carbon monoxide.
(b) You must install, evaluate, and operate each continuous
emission monitoring system according to the ``Monitoring Requirements''
in Sec. 60.13.
Sec. 60.2940 How do I make sure my continuous emission monitoring
systems are operating correctly?
(a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure carbon
monoxide and oxygen.
(b) Complete your initial evaluation of the continuous emission
monitoring systems within 60 days after your OSWI unit reaches the
maximum load level at which it will operate, but no later than 180 days
after its initial startup.
(c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your carbon monoxide and oxygen
continuous emission monitoring systems. To validate carbon monoxide
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data
during each initial and annual evaluation of your continuous emission
monitoring systems following the applicable performance specifications
in appendix B of this part. Table 3 of this subpart shows the required
span values and performance specifications that apply to each
continuous emission monitoring system.
(d) Follow the quality assurance procedures in Procedure 1 of
appendix F of this part for each continuous emission monitoring system.
The procedures include daily calibration drift and quarterly accuracy
determinations.
Sec. 60.2941 What is my schedule for evaluating continuous emission
monitoring systems?
(a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 12 months after the previous evaluation
was conducted.
(b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of this part.
Sec. 60.2942 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems, and is the data
collection requirement enforceable?
(a) Where continuous emission monitoring systems are required,
obtain 1-hour arithmetic averages. Make sure the averages for carbon
monoxide are in parts per million by dry volume at 7 percent oxygen.
Use the 1-hour averages of oxygen data from your continuous emission
monitoring system to determine the actual oxygen level and to calculate
emissions at 7 percent oxygen.
(b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your
continuous emission monitoring systems to complete at least one cycle
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
(c) Obtain valid 1-hour averages for at least 75 percent of the
operating hours per day for at least 90 percent of the operating days
per calendar quarter. An operating day is any day the unit combusts any
municipal or institutional solid waste.
(d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you have deviated from the data
collection requirement regardless of the emission level monitored.
(e) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you must still use all valid data from
the continuous emission monitoring systems in calculating emission
concentrations.
(f) If continuous emission monitoring systems are temporarily
unavailable to meet the data collection requirements, refer to Table 3
of this subpart. It shows alternate methods for collecting data when
systems malfunction or when repairs, calibration checks, or zero and
span checks keep you from collecting the minimum amount of data.
Sec. 60.2943 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?
(a) Use Equation 1 in Sec. 60.2975 to calculate emissions at 7
percent oxygen.
(b) Use Equation 2 in Sec. 60.2975 to calculate the 12-hour
rolling averages for concentrations of carbon monoxide.
[[Page 74899]]
Sec. 60.2944 What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?
(a) If you are using a wet scrubber to comply with the emission
limitations under Sec. 60.2915, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 2 of this subpart at all times.
(b) You must install, calibrate (to manufacturers' specifications),
maintain, and operate a device or method for measuring the use of any
stack that could be used to bypass the control device. The measurement
must include the date, time, and duration of the use of the bypass
stack.
(c) If you are using a method or air pollution control device other
than a wet scrubber to comply with the emission limitations under Sec.
60.2915, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec. 60.2917.
Sec. 60.2945 Is there a minimum amount of operating parameter
monitoring data I must obtain?
(a) Except for monitor malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the OSWI unit is operating.
(b) You must obtain valid monitoring data for at least 75 percent
of the operating hours per day for at least 90 percent of the operating
days per calendar quarter. An operating day is any day the unit
combusts any municipal or institutional solid waste.
(c) If you do not obtain the minimum data required in paragraphs
(a) and (b) of this section, you have deviated from the data collection
requirement regardless of the operating parameter level monitored.
(d) Do not use data recorded during monitor malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.
Recordkeeping and Reporting
Sec. 60.2949 What records must I keep?
You must maintain the 15 items (as applicable) as specified in
paragraphs (a) through (o) of this section for a period of at least 5
years.
(a) Calendar date of each record.
(b) Records of the data described in paragraphs (b)(1) through (8)
of this section.
(1) The OSWI unit charge dates, times, weights, and hourly charge
rates.
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
(5) For OSWI units that establish operating limits for controls
other than wet scrubbers under Sec. 60.2917, you must maintain data
collected for all operating parameters used to determine compliance
with the operating limits.
(6) All 1-hour average concentrations of carbon monoxide emissions.
(7) All 12-hour rolling average values of carbon monoxide emissions
and all 3-hour rolling average values of continuously monitored
operating parameters.
(8) Records of the dates, times, and durations of any bypass of the
control device.
(c) Identification of calendar dates and times for which continuous
emission monitoring systems or monitoring systems used to monitor
operating limits were inoperative, inactive, malfunctioning, or out of
control (except for downtime associated with zero and span and other
routine calibration checks). Identify the pollutant emissions or
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
(d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
(e) Identification of calendar dates and times for which monitoring
data show a deviation from the carbon monoxide emissions limit in Table
1 of this subpart or a deviation from the operating limits in Table 2
of this subpart or a deviation from other operating limits established
under Sec. 60.2917 with a description of the deviations, reasons for
such deviations, and a description of corrective actions taken.
(f) Calendar dates when continuous monitoring systems did not
collect the minimum amount of data required under Sec. Sec. 60.2942
and 60.2945.
(g) For carbon monoxide continuous emissions monitoring systems,
document the results of your daily drift tests and quarterly accuracy
determinations according to Procedure 1 of appendix F of this part.
(h) Records of the calibration of any monitoring devices required
under Sec. 60.2944.
(i) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations and a
description of the types of waste burned during the test.
(j) All documentation produced as a result of the siting
requirements of Sec. Sec. 60.2894 and 60.2895.
(k) Records showing the names of OSWI unit operators who have
completed review of the information in Sec. 60.2910(a) as required by
Sec. 60.2910(b), including the date of the initial review and all
subsequent annual reviews.
(l) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec. 60.2905, met
the criteria for qualification under Sec. 60.2907, and maintained or
renewed their qualification under Sec. 60.2908 or Sec. 60.2909.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
(m) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(n) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(o) The information listed in Sec. 60.2910(a).
Sec. 60.2950 Where and in what format must I keep my records?
(a) You must keep each record on site for at least 2 years. You may
keep the records off site for the remaining 3 years.
(b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative
format is approved by the Administrator.
[[Page 74900]]
Sec. 60.2951 What reports must I submit?
See Table 4 of this subpart for a summary of the reporting
requirements.
Sec. 60.2952 What must I submit prior to commencing construction?
You must submit a notification prior to commencing construction
that includes the five items listed in paragraphs (a) through (e) of
this section.
(a) A statement of intent to construct.
(b) The anticipated date of commencement of construction.
(c) All documentation produced as a result of the siting
requirements of Sec. 60.2895.
(d) The waste management plan as specified in Sec. Sec. 60.2899
through 60.2901.
(e) Anticipated date of initial startup.
Sec. 60.2953 What information must I submit prior to initial startup?
You must submit the information specified in paragraphs (a) through
(e) of this section prior to initial startup.
(a) The type(s) of waste to be burned.
(b) The maximum design waste burning capacity.
(c) The anticipated maximum charge rate.
(d) If applicable, the petition for site-specific operating limits
under Sec. 60.2917.
(e) The anticipated date of initial startup.
Sec. 60.2954 What information must I submit following my initial
performance test?
You must submit the information specified in paragraphs (a) and (b)
of this section no later than 60 days following the initial performance
test. All reports must be signed by the facilities manager.
(a) The complete test report for the initial performance test
results obtained under Sec. 60.2927, as applicable.
(b) The values for the site-specific operating limits established
in Sec. 60.2916 or Sec. 60.2917.
Sec. 60.2955 When must I submit my annual report?
You must submit an annual report no later than 12 months following
the submission of the information in Sec. 60.2954. You must submit
subsequent reports no more than 12 months following the previous
report.
Sec. 60.2956 What information must I include in my annual report?
The annual report required under Sec. 60.2955 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec. 60.2957
through 60.2959.
(a) Company name and address.
(b) Statement by the owner or operator, with their name, title, and
signature, certifying the truth, accuracy, and completeness of the
report. Such certifications must also comply with the requirements of
40 CFR 70.5(d) or 40 CFR 71.5(d).
(c) Date of report and beginning and ending dates of the reporting
period.
(d) The values for the operating limits established pursuant to
Sec. 60.2916 or Sec. 60.2917.
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the emission limitations or operating limits was
inoperative, inactive, malfunctioning or out of control.
(f) The highest recorded 12-hour average and the lowest recorded
12-hour average, as applicable, for carbon monoxide emissions and the
highest recorded 3-hour average and the lowest recorded 3-hour average,
as applicable, for each operating parameter recorded for the calendar
year being reported.
(g) Information recorded under Sec. 60.2949(b)(6) and (c) through
(e) for the calendar year being reported.
(h) If a performance test was conducted during the reporting
period, the results of that test.
(i) If you met the requirements of Sec. 60.2934(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec. 60.2934(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period.
(j) Documentation of periods when all qualified OSWI unit operators
were unavailable for more than 12 hours, but less than 2 weeks.
Sec. 60.2957 What else must I report if I have a deviation from the
operating limits or the emission limitations?
(a) You must submit a deviation report if any recorded 3-hour
average parameter level is above the maximum operating limit or below
the minimum operating limit established under this subpart, if any
recorded 12-hour average carbon monoxide emission rate is above the
emission limitation, if the control device was bypassed, or if a
performance test was conducted that showed a deviation from any
emission limitation.
(b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).
Sec. 60.2958 What must I include in the deviation report?
In each report required under Sec. 60.2957, for any pollutant or
operating parameter that deviated from the emission limitations or
operating limits specified in this subpart, include the seven items
described in paragraphs (a) through (g) of this section.
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
(b) The averaged and recorded data for those dates.
(c) Durations and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
(d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
(e) The dates, times, number, duration, and causes for monitor
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
(f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.
(g) The dates, times, and durations of any bypass of the control
device.
Sec. 60.2959 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
(a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
(1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section.
(i) A statement of what caused the deviation.
(ii) A description of what you are doing to ensure that a qualified
operator is accessible.
(iii) The date when you anticipate that a qualified operator will
be available.
(2) Submit a status report to EPA every 4 weeks that includes the
three items in paragraphs (a)(2)(i) through (iii) of this section.
(i) A description of what you are doing to ensure that a qualified
operator is accessible.
(ii) The date when you anticipate that a qualified operator will be
accessible.
(iii) Request approval from EPA to continue operation of the OSWI
unit.
[[Page 74901]]
(b) If your unit was shut down by EPA, under the provisions of
Sec. 60.2911(c)(2), due to a failure to provide an accessible
qualified operator, you must notify EPA that you are resuming operation
once a qualified operator is accessible.
Sec. 60.2960 Are there any other notifications or reports that I must
submit?
Yes, you must submit notifications as provided by Sec. 60.7.
Sec. 60.2961 In what form can I submit my reports?
Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.
Sec. 60.2962 Can reporting dates be changed?
If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec. 60.19(c) for procedures to seek
approval to change your reporting date.
Title V Operating Permits
Sec. 60.2966 Am I required to apply for and obtain a title V
operating permit for my unit?
Yes, if you are subject to this subpart, you are required to apply
for and obtain a title V operating permit unless you meet the relevant
requirements for an exemption specified in Sec. 60.2887.
Sec. 60.2967 When must I submit a title V permit application for my
new unit?
(a) If your new unit subject to this subpart is not subject to an
earlier permit application deadline, a complete title V permit
application must be submitted on or before one of the dates specified
in paragraphs (a)(1) or (2) of this section. (See section 503(c) of the
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
(1) For a unit that commenced operation as a new source as of
December 16, 2005, then a complete title V permit application must be
submitted not later than December 18, 2006.
(2) For a unit that does not commence operation as a new source
until after December 16, 2005, then a complete title V permit
application must be submitted not later than 12 months after the date
the unit commences operation as a new source.
(b) If your new unit subject to this subpart is subject to title V
as a result of some triggering requirement(s) other than this subpart
(for example, a unit subject to this subpart may be a major source or
part of a major source), then your unit may be required to apply for a
title V permit prior to the deadlines specified in paragraph (a) of
this section. If more than one requirement triggers a source's
obligation to apply for a title V permit, the 12-month timeframe for
filing a title V permit application is triggered by the requirement
that first causes the source to be subject to title V. (See section
503(c) of the Clean Air Act and 40 CFR 70.3(a) and (b), 40 CFR
70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
(c) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40
CFR 71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with Federal law. (See sections 503(d) and 502(a) of the
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)
Temporary-Use Incinerators and Air Curtain Incinerators Used in
Disaster Recovery
Sec. 60.2969 What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?
Your incinerator or air curtain incinerator is excluded from the
requirements of this subpart if it is used on a temporary basis to
combust debris from a disaster or emergency such as a tornado,
hurricane, flood, ice storm, high winds, or act of bioterrorism. To
qualify for this exclusion, the incinerator or air curtain incinerator
must be used to combust debris in an area declared a State of Emergency
by a local or State government, or the President, under the authority
of the Stafford Act, has declared that an emergency or a major disaster
exists in the area, and you must follow the requirements specified in
paragraphs (a) through (c) of this section.
(a) If the incinerator or air curtain incinerator is used during a
period that begins on the date the unit started operation and lasts 8
weeks or less within the boundaries of the same emergency or disaster
declaration area, then it is excluded from the requirements of this
subpart. You do not need to notify the Administrator of its use or meet
the emission limitations or other requirements of this subpart.
(b) If the incinerator or air curtain incinerator will be used
during a period that begins on the date the unit started operation and
lasts more than 8 weeks within the boundaries of the same emergency or
disaster declaration area, you must notify the Administrator that the
temporary-use incinerator or air curtain incinerator will be used for
more than 8 weeks and request permission to continue to operate the
unit as specified in paragraphs (b)(1) and (2) of this section.
(1) The notification must be submitted in writing by the date 8
weeks after you start operation of the temporary-use incinerator or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area.
(2) The notification must contain the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, identification of the
disaster or emergency for which the incinerator or air curtain
incinerator is being used, a description of the types of materials
being burned in the incinerator or air curtain incinerator, a brief
description of the size and design of the unit (for example, an air
curtain incinerator or a modular starved-air incinerator), the reasons
the incinerator or air curtain incinerator must be operated for more
than 8 weeks, and the amount of time for which you request permission
to operate including the date you expect to cease operation of the
unit.
(c) If you submitted the notification containing the information in
paragraph (b)(2) by the date specified in paragraph (b)(1), you may
continue to operate the incinerator or air curtain incinerator for
another 8 weeks, which is a total of 16 weeks from the date the unit
started operation within the boundaries of the current emergency or
disaster declaration area. You do not have to meet the emission
limitations or other requirements of this subpart during this period.
(1) At the end of 16 weeks from the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, you must cease
operation of the unit or comply with all requirements of this subpart,
unless the Administrator has approved in writing your request to
continue operation.
(2) If the Administrator has approved in writing your request to
continue operation, then you may continue to operate the incinerator or
air curtain incinerator within the boundaries of the current emergency
or disaster declaration area until the date specified in the approval,
and you do not need to comply with any other requirements of this
subpart during the approved time period.
[[Page 74902]]
Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and
Yard Waste
Sec. 60.2970 What is an air curtain incinerator?
(a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open, integrated combustion chamber (fire box)
or open pit or trench (trench burner) in which combustion occurs. For
the purpose of this subpart and subpart FFFF of this part only, air
curtain incinerators include both firebox and trench burner units.
(b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (4) of this section are required to meet only
the requirements in Sec. Sec. 60.2970 through 60.2974 and are exempt
from all other requirements of this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
Sec. 60.2971 What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard waste?
(a) Within 60 days after your air curtain incinerator reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup, you must meet the two limitations specified in
paragraphs (a)(1) and (2) of this section.
(1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
(2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
(b) The limitations in paragraph (a) of this section apply at all
times except during malfunctions.
Sec. 60.2972 How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?
(a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8.
(c) After the initial test for opacity, conduct annual tests no
more than 12 months following the date of your previous test.
(d) If the air curtain incinerator has been out of operation for
more than 12 months following the date of the previous test, then you
must conduct a test for opacity upon startup of the unit.
Sec. 60.2973 What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?
(a) Prior to commencing construction on your air curtain
incinerator, submit the three items described in paragraphs (a)(1)
through (3) of this section.
(1) Notification of your intent to construct the air curtain
incinerator.
(2) Your planned initial startup date.
(3) Types of materials you plan to burn in your air curtain
incinerator.
(b) Keep records of results of all initial and annual opacity tests
in either paper copy or computer-readable format that can be printed
upon request, unless the Administrator approves another format, for at
least 5 years. You must keep each record on site for at least 2 years.
You may keep the records off site for the remaining 3 years.
(c) Make all records available for submittal to the Administrator
or for an inspector's review.
(d) You must submit the results (each 6-minute average) of the
initial opacity tests no later than 60 days following the initial test.
Submit annual opacity test results within 12 months following the
previous report.
(e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date.
(f) Keep a copy of the initial and annual reports on site for a
period of 5 years. You must keep each report on site for at least 2
years. You may keep the reports off site for the remaining 3 years.
Sec. 60.2974 Am I required to apply for and obtain a title V
operating permit for my air curtain incinerator that burns only wood
waste, clean lumber, and yard waste?
Yes, if your air curtain incinerator is subject to this subpart,
you are required to apply for and obtain a title V operating permit as
specified in Sec. Sec. 60.2966 and 60.2967.
Equations
Sec. 60.2975 What equations must I use?
(a) Percent oxygen. Adjust all pollutant concentrations to 7
percent oxygen using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.000
Where:
Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen
correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent
(b) Capacity of a very small municipal waste combustion unit. For
very small municipal waste combustion units that can operate
continuously for 24-hour periods, calculate the unit capacity based on
24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
(1) For very small municipal waste combustion units with a design
based on heat input capacity, calculate the maximum charging rate based
on the maximum heat input capacity and one of two heating values:
(i) If your very small municipal waste combustion unit combusts
refuse-derived fuel, use a heating value of 12,800 kilojoules per
kilogram (5,500 British thermal units per pound).
(ii) If your very small municipal waste combustion unit combusts
municipal solid waste, use a heating value of 10,500 kilojoules per
kilogram (4,500 British thermal units per pound).
(2) For very small municipal waste combustion units with a design
not based on heat input capacity, use the maximum design charging rate.
(c) Capacity of a batch very small municipal waste combustion unit.
Calculate the capacity of a batch OSWI unit as the maximum design
amount of municipal solid waste it can charge per batch multiplied by
the maximum number of batches it can process in 24 hours. Calculate the
maximum number of batches by dividing 24 by the number of hours needed
to process one batch. Retain fractional batches in the calculation. For
example, if one batch requires 16 hours, the unit can combust 24/16, or
1.5 batches, in 24 hours.
(d) Carbon monoxide pollutant rate. When hourly average pollutant
rates (Eh) are obtained (e.g., CEMS values), compute the
rolling average carbon monoxide pollutant rate (Ea) for each
12-hour period using the following equation:
[[Page 74903]]
[GRAPHIC] [TIFF OMITTED] TR16DE05.001
Where:
Ea = Average carbon monoxide pollutant rate for the 12-hour
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour
``j,'' ppm corrected to 7 percent O2.
Definitions
Sec. 60.2977 What definitions must I know?
Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
Administrator means:
(1) For approved and effective State section 111(d)/129 plans, the
Director of the State air pollution control agency, or his or her
delegatee;
(2) For Federal section 111(d)/129 plans, the Administrator of the
EPA, an employee of the EPA, the Director of the State air pollution
control agency, or employee of the State air pollution control agency
to whom the authority has been delegated by the Administrator of the
EPA to perform the specified task; and
(3) For NSPS, the Administrator of the EPA, an employee of the EPA,
the Director of the State air pollution control agency, or employee of
the State air pollution control agency to whom the authority has been
delegated by the Administrator of the EPA to perform the specified
task.
Air curtain incinerator means an incineration unit operating by
forcefully projecting a curtain of air across an open, integrated
combustion chamber (fire box) or open pit or trench (trench burner) in
which combustion occurs. For the purpose of this subpart and subpart
FFFF of this part only, air curtain incinerators include both firebox
and trench burner units.
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Batch OSWI unit means an OSWI unit that is designed such that
neither waste charging nor ash removal can occur during combustion.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
Chemotherapeutic waste means waste material resulting from the
production or use of anti-neoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
Class II municipal solid waste landfill means a landfill that meets
four criteria:
(1) Accepts, for incineration or disposal, less than 20 tons per
day of municipal solid waste or other solid wastes based on an annual
average;
(2) Is located on a site where there is no evidence of groundwater
pollution caused or contributed to by the landfill;
(3) Is not connected by road to a Class I municipal solid waste
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if
connected by road, is located more than 50 miles from a Class I
municipal solid waste landfill; and
(4) Serves a community that meets one of two criteria:
(i) Experiences for at least three months each year, an
interruption in access to surface transportation, preventing access to
a Class I municipal solid waste landfill; or
(ii) Has no practicable waste management alternative, with a
landfill located in an area that annually receives 25 inches or less of
precipitation.
Class III municipal solid waste landfill is a landfill that is not
connected by road to a Class I municipal solid waste landfill, as
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by
road, is located more than 50 miles from a Class I municipal solid
waste landfill, and that accepts, for disposal, either of the following
two criteria:
(1) Ash from incinerated municipal waste in quantities less than 1
ton per day on an annual average, which ash must be free of food scraps
that might attract animals; or
(2) Less than 5 tons per day of municipal solid waste, based on an
annual average, and is not located in a place that meets either of the
following criteria:
(i) Where public access is restricted, including restrictions on
the right to move to the place and reside there; or
(ii) That is provided by an employer and that is populated totally
by persons who are required to reside there as a condition of
employment and who do not consider the place to be their permanent
residence.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).
Collected from means the transfer of material from the site at
which the material is generated to a separate site where the material
is burned.
Contained gaseous material means gases that are in a container when
that container is combusted.
Continuous emission monitoring system or CEMS means a monitoring
system for continuously measuring and recording the emissions of a
pollutant from an OSWI unit.
Continuous OSWI unit means an OSWI unit that is designed to allow
waste charging and ash removal during combustion.
Deviation means any instance in which a unit that meets the
requirements in Sec. 60.2885, or an owner or operator of such a
source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any unit that meets the
requirements in Sec. 60.2885 and is required to obtain such a permit;
or
(3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless of whether or not
such failure is allowed by this subpart.
Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
EPA means the Administrator of the EPA or employee of the EPA that
is delegated the authority to perform the specified task.
Institutional facility means a land-based facility owned and/or
operated by an organization having a governmental, educational, civic,
or religious purpose such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.
Institutional waste means solid waste (as defined in this subpart)
that is combusted at any institutional facility using controlled flame
combustion in an enclosed, distinct operating unit: whose design does
not provide for energy recovery (as defined in this subpart); operated
without energy recovery (as defined in this subpart); or operated with
only waste heat recovery (as defined in this subpart). Institutional
[[Page 74904]]
waste also means solid waste (as defined in this subpart) combusted on
site in an air curtain incinerator that is a distinct operating unit of
any institutional facility.
Institutional waste incineration unit means any combustion unit
that combusts institutional waste (as defined in this subpart) and is a
distinct operating unit of the institutional facility that generated
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration
units operating with starved or excess air, and any air curtain
incinerator that is a distinct operating unit of the institutional
facility that generated the institutional waste (except those air
curtain incinerators listed in Sec. 60.2888(b)).
Intermittent OSWI unit means an OSWI unit that is designed to allow
waste charging, but not ash removal, during combustion.
Low-level radioactive waste means waste material that contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Metropolitan Statistical Area means any areas listed as
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled
``Update of Statistical Area Definitions and Guidance on Their Uses''
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/
).
Modification or modified unit means an incineration unit you have
changed on or after June 16, 2006 and that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
unit (not including the cost of land) updated to current costs (current
dollars). For an OSWI unit, to determine what systems are within the
boundary of the unit used to calculate these costs, see the definition
of OSWI unit.
(2) Any physical change in the unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
Municipal solid waste means refuse (and refuse-derived fuel)
collected from the general public and from residential, commercial,
institutional, and industrial sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather, rubber, and other combustible
materials and non-combustible materials such as metal, glass and rock,
provided that: (1) the term does not include industrial process wastes
or medical wastes that are segregated from such other wastes; and (2)
an incineration unit shall not be considered to be combusting municipal
solid waste for purposes of this subpart if it combusts a fuel feed
stream, 30 percent or less of the weight of which is comprised, in
aggregate, of municipal solid waste, as determined by Sec. 60.2887(b).
Municipal waste combustion unit means, for the purpose of this
subpart and subpart FFFF of this part, any setting or equipment that
combusts municipal solid waste (as defined in this subpart) including,
but not limited to, field-erected, modular, cyclonic burn barrel, and
custom built incineration units (with or without energy recovery)
operating with starved or excess air, boilers, furnaces, pyrolysis/
combustion units, and air curtain incinerators (except those air
curtain incinerators listed in Sec. 60.2888(b)).
Other solid waste incineration (OSWI) unit means either a very
small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this subpart. Unit types listed in
Sec. 60.2887 as being excluded from the subpart are not OSWI units
subject to this subpart. While not all OSWI units will include all of
the following components, an OSWI unit includes, but is not limited to,
the municipal or institutional solid waste feed system, grate system,
flue gas system, waste heat recovery equipment, if any, and bottom ash
system. The OSWI unit does not include air pollution control equipment
or the stack. The OSWI unit boundary starts at the municipal or
institutional waste hopper (if applicable) and extends through two
areas:
(1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and
(2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The OSWI unit includes all ash handling systems connected to
the bottom ash handling system.
Particulate matter means total particulate matter emitted from OSWI
units as measured by Method 5 or Method 29 of appendix A of this part.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
Reconstruction means rebuilding an incineration unit and meeting
two criteria:
(1) The reconstruction begins on or after June 16, 2006.
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the unit (not including land) updated to current costs
(current dollars). For an OSWI unit, to determine what systems are
within the boundary of the unit used to calculate these costs, see the
definition of OSWI unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
(2) Pelletized refuse-derived fuel.
Shutdown means the period of time after all waste has been
combusted in the primary chamber. For continuous OSWI, shutdown shall
commence no less than 2 hours after the last charge to the incinerator.
For intermittent OSWI, shutdown shall commence no less than 4 hours
after the last charge to the incinerator. For batch OSWI, shutdown
shall commence no less than 5 hours after the high-air phase of
combustion has been completed.
Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material
[[Page 74905]]
as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C.
2014).
Standard conditions, when referring to units of measure, means a
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
Startup period means the period of time between the activation of
the system and the first charge to the OSWI unit. For batch OSWI,
startup means the period of time between activation of the system and
ignition of the waste.
Very small municipal waste combustion unit means any municipal
waste combustion unit that has the capacity to combust less than 35
tons per day of municipal solid waste or refuse-derived fuel, as
determined by the calculations in Sec. 60.2975.
Waste heat recovery means the process of recovering heat from the
combustion flue gases outside of the combustion firebox by convective
heat transfer only.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
(2) Construction, renovation, or demolition wastes.
(3) Clean lumber.
(4) Treated wood and treated wood products, including wood products
that have been painted, pigment-stained, or pressure treated by
compounds such as chromate copper arsenate, pentachlorophenol, and
creosote, or manufactured wood products that contain adhesives or
resins (e.g., plywood, particle board, flake board, and oriented strand
board).
Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. Yard waste comes from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include two items:
(1) Construction, renovation, and demolition wastes.
(2) Clean lumber.
Tables to Subpart EEEE of Part 60
As stated in Sec. 60.2915, you must comply with the following:
Table 1 to Subpart EEEE of Part 60.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging compliance using this
\a\ time method
----------------------------------------------------------------------------------------------------------------
1. Cadmium........................... 18 micrograms per dry 3-run average (1 hour Method 29 of appendix A
standard cubic meter. minimum sample time of this part.
per run).
2. Carbon monoxide................... 40 parts per million by 3-run average (1 hour Method 10, 10A, or 10B
dry volume. minimum sample time of appendix A of this
per run during part and CEMS.
performance test), and
12-hour rolling
averages measured
using CEMS.\b\
3. Dioxins/furans (total basis)...... 33 nanograms per dry 3-run average (1 hour Method 23 of appendix A
standard cubic meter. minimum sample meter of this part.
time per run).
4. Hydrogen chloride................. 15 parts per million by 3-run average (1 hour Method 26A of appendix
dry volume. minimum sample time A of this part.
per run).
5. Lead.............................. 226 micrograms per dry 3-run average (1 hour Method 29 of appendix A
standard cubic meter. minimum sample time of this part.
per run).
6. Mercury........................... 74 micrograms per dry 3-run average (1 hour Method 29 of appendix A
standard cubic meter. minimum sample time of this part.
per run).
7. Opacity........................... 10 percent............. 6-run average (1 hour Method 9 of appendix A
minimum sample time of this part.
per run).
8. Oxides of nitrogen................ 103 parts per million 3-run average (1 hour Method 7, 7A, 7C, 7D,
by dry volume. minimum sample time or 7E of appendix A of
per run). this part, or ANSI/
ASME PTC 19.10-1981
(IBR, see Sec.
60.17(h)) in lieu of
Methods 7 and 7C only.
9. Particulate matter................ 0.013 grains per dry 3-run average (1 hour Method 5 or 29 of
standard cubic foot. minimum sample time appendix A of this
per run). part.
10. Sulfur dioxide................... 3.1 parts per million 3-run average (1 hour Method 6 or 6C of
by dry volume. minimum sample time appendix A of this
per run). part, or ANSI/ASME PTC
19.10-1981 (IBR, see
Sec. 60.17(h)) in
lieu of Method 6 only.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.
\b\ Calculated each hour as the average of the previous 12 operating hours.
As stated in Sec. 60.2916, you must comply with the following:
[[Page 74906]]
Table 2 to Subpart EEEE of Part 60.--Operating Limits for Incinerators and Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish And monitoring using these minimum frequencies
For these operating parameters these operating -----------------------------------------------------------
limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate.................. Maximum charge Continuous........ Every hour........ Daily for batch
rate. units. 3-hour
rolling for
continuous and
intermittent
units a.
2. Pressure drop across the wet Minimum pressure Continuous........ Every 15 minutes.. 3-hour rolling a.
scrubber or amperage to wet drop or amperage.
scrubber.
3. Scrubber liquor flow rate.... Minimum flow rate. Continuous........ Every 15 minutes.. 3-hour rolling a.
4. Scrubber liquor pH........... Minimum pH........ Continuous........ Every 15 minutes.. 3-hour rolling a.
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.
As stated in Sec. 60.2940, you must comply with the following:
Table 3 to Subpart EEEE of Part 60.--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
If needed to meet
Use the following minimum data
performance requirements, use the
For the following pollutants Use the following span specifications (P.S.) following alternate
values for your CEMS in appendix B of this methods in appendix A
part for your CEMS of this part to collect
data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide................... 125 percent of the P.S.4A................. Method 10.
maximum hourly
potential carbon
monoxide emissions of
the waste combustion
unit.
2. Oxygen............................ 25 percent oxygen...... P.S.3.................. Method 3A or 3B, or
ANSI/ASME PTC 19.10-
1981 (IBR, see Sec.
60.17(h)) in lieu of
Method 3B only.
----------------------------------------------------------------------------------------------------------------
As stated in Sec. 60.2951, you must comply with the following:
Table 4 to Subpart EEEE of Part 60.--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruction report.......... a. Prior to commencing i. Statement of intent to Sec. 60.2952.
construction. construct;. Sec. 60.2952.
ii. Anticipated date of
commencement of
onstruction;.
iii. Documentation for Sec. 60.2952.
siting requirements;
iv. Waste management plan; Sec. 60.2952.
and
v. Anticipated date of Sec. 60.2952.
initial startup.
2. Startup notification............ a. Prior to initial i. Types of waste to be Sec. 60.2953.
startup. burned; Sec. 60.2953.
ii. Maximum design waste
burning capacity;.
iii. Anticipated maximum Sec. 60.2953.
charge rate;
iv. If applicable, the Sec. 60.2953.
petition for site-specific
operating limits; and
v. Anticipated date of Sec. 60.2953.
initial startup.
3. Initial test report............. a. No later than 60 i. Complete test report for Sec. 60.2954.
days following the the initial performance ......................
initial performance test; and Sec. 60.2954.
test. ii. The values for the site-
specific operating limits.
4. Annual report................... a. No later than 12 i. Company Name and Sec. Sec. 60.2955
months following the address; and 60.2956.
submission of the ........................... ......................
initial test report. ii. Statement and signature Sec. Sec. 60.2955
Subsequent reports by the owner or operator;. and 60.2956.
are to be submitted iii. Date of report;....... Sec. Sec. 60.2955
no more than 12 ........................... and 60.2956.
months following the iv. Values for the ......................
previous report. operating limits;. Sec. Sec. 60.2955
........................... and 60.2956.
v. If no deviations or ......................
malfunctions were Sec. Sec. 60.2955
reported, a statement that and 60.2956.
no deviations occurred
during the reporting
period;.
vi. Highest and lowest Sec. Sec. 60.2955
recorded 12-hour averages, and 60.2956.
as applicable, for carbon
monoxide emissions and
highest and lowest
recorded 3-hour averages,
as applicable, for each
operating parameter
recorded for the calendar
year being reported;
[[Page 74907]]
vii. Information for Sec. Sec. 60.2955
deviations or malfunctions and 60.2956.
recorded under Sec.
60.2949(b)(6) and (c)
through (e);
viii. If a performance test Sec. Sec. 60.2955
was conducted during the and 60.2956.
reporting period, the
results of the test;
ix. If a performance test Sec. Sec. 60.2955
was not conducted during and 60.2956.
the reporting period, a
statement that the
requirements of Sec.
60.2934 (a) or (b) were
met; and
x. Documentation of periods Sec. Sec. 60.2955
when all qualified OSWI and 60.2956.
unit operators were
unavailable for more than
12 hours but less than 2
weeks.
5. Emission limitation or operating a. By August 1 of that i. Dates and times of Sec. Sec. 60.2957
limit deviation report. year for data deviation; and 60.2958.
collected during the ........................... ......................
first half of the ii. Averaged and recorded Sec. Sec. 60.2957
calendar year. By data for those dates;. and 60.2958.
February 1 of the iii. Duration and causes of Sec. Sec. 60.2957
following year for each deviation and the and 60.2958.
data collected during corrective actions taken;. ......................
the second half of iv. Copy of operating limit Sec. Sec. 60.2957
the calendar year. monitoring data and any and 60.2958.
test reports;. ......................
v. Dates, times, and causes Sec. Sec. 60.2957
for monitor downtimes and 60.2958.
incidents;. ......................
vi. Whether each deviation Sec. Sec. 60.2957
occurred during a period and 60.2958.
of startup, shutdown, or
malfunction; and.
vii. Dates, times, and Sec. Sec. 60.2957
durations of any bypass of and 60.2958.
the control device.
6. Qualified operator deviation a. Within 10 days of i. Statement of cause of Sec. 60.2959(a)(1).
notification. deviation. deviation;. Sec. 60.2959(a)(1)
ii. Description of efforts
to have an accessible
qualified operator; and.
iii. The date a qualified Sec. 60.2959(a)(1).
operator will be
accessible.
7. Qualified operation deviation a. Every 4 weeks i. Description of efforts Sec. 60.2959(a)(2).
status report. following deviation. to have an accessible ......................
qualified operator; Sec. 60.2959(a)(2).
ii. The date a qualified
operator will be
accessible; and.
iii. Request to continue Sec. 60.2959(a)(2).
operation
8. Qualified operator deviation a. Prior to resuming i. Notification that you Sec. 60.2959(b).
notification of resumed operation. operation. are resuming operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.
0
4. Part 60 is amended by adding subpart FFFF to read as follows:
Subpart FFFF--Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004
Introduction
Sec.
60.2980 What is the purpose of this subpart?
60.2981 Am I affected by this subpart?
60.2982 Is a State plan required for all States?
60.2983 What must I include in my State plan?
60.2984 Is there an approval process for my State plan?
60.2985 What if my State plan is not approvable?
60.2986 Is there an approval process for a negative declaration
letter?
60.2987 What compliance schedule must I include in my State plan?
60.2988 Are there any State plan requirements for this subpart that
apply instead of the requirements specified in subpart B of this
part?
60.2989 Does this subpart directly affect incineration unit owners
and operators in my State?
60.2990 What Authorities are withheld by EPA?
Applicability of State Plans
60.2991 What incineration units must I address in my State plan?
60.2992 What is an existing incineration unit?
60.2993 Are any combustion units excluded from my State plan?
60.2994 Are air curtain incinerators regulated under this subpart?
Model Rule--Use of Model Rule
60.2996 What is the purpose of the ``model rule'' in this subpart?
60.2997 How does the model rule relate to the required elements of
my State plan?
60.2998 What are the principal components of the model rule?
Model Rule--Compliance Schedule
60.3000 When must I comply?
60.3001 What must I do if I close my OSWI unit and then restart it?
60.3002 What must I do if I plan to permanently close my OSWI unit
and not restart it?
Model Rule--Waste Management Plan
60.3010 What is a waste management plan?
60.3011 When must I submit my waste management plan?
60.3012 What should I include in my waste management plan?
Model Rule--Operator Training and Qualification
60.3014 What are the operator training and qualification
requirements?
60.3015 When must the operator training course be completed?
60.3016 How do I obtain my operator qualification?
60.3017 How do I maintain my operator qualification?
60.3018 How do I renew my lapsed operator qualification?
60.3019 What site-specific documentation is required?
60.3020 What if all the qualified operators are temporarily not
accessible?
Model Rule--Emission Limitations and Operating Limits
60.3022 What emission limitations must I meet and by when?
60.3023 What operating limits must I meet and by when?
60.3024 What if I do not use a wet scrubber to comply with the
emission limitations?
60.3025 What happens during periods of startup, shutdown, and
malfunction?
Model Rule--Performance Testing
60.3027 How do I conduct the initial and annual performance test?
60.3028 How are the performance test data used?
[[Page 74908]]
Model Rule--Initial Compliance Requirements
60.3030 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.3031 By what date must I conduct the initial performance test?
Model Rule--Continuous Compliance Requirements
60.3033 How do I demonstrate continuous compliance with the emission
limitations and the operating limits?
60.3034 By what date must I conduct the annual performance test?
60.3035 May I conduct performance testing less often?
60.3036 May I conduct a repeat performance test to establish new
operating limits?
Model Rule--Monitoring
60.3038 What continuous emission monitoring systems must I install?
60.3039 How do I make sure my continuous emission monitoring systems
are operating correctly?
60.3040 What is my schedule for evaluating continuous emission
monitoring systems?
60.3041 What is the minimum amount of monitoring data I must collect
with my continuous emission monitoring systems, and is the data
collection requirement enforceable?
60.3042 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?
60.3043 What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?
60.3044 Is there a minimum amount of operating parameter monitoring
data I must obtain?
Model Rule--Recordkeeping and Reporting
60.3046 What records must I keep?
60.3047 Where and in what format must I keep my records?
60.3048 What reports must I submit?
60.3049 What information must I submit following my initial
performance test?
60.3050 When must I submit my annual report?
60.3051 What information must I include in my annual report?
60.3052 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.3053 What must I include in the deviation report?
60.3054 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.3055 Are there any other notifications or reports that I must
submit?
60.3056 In what form can I submit my reports?
60.3057 Can reporting dates be changed?
Model Rule--Title V Operating Permits
60.3059 Am I required to apply for and obtain a title V operating
permit for my unit?
60.3060 When must I submit a title V permit application for my
existing unit?
Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators
Used in Disaster Recovery
60.3061 What are the requirements for temporary-use incinerators and
air curtain incinerators used in disaster recovery?
Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean
Lumber, and Yard Waste
60.3062 What is an air curtain incinerator?
60.3063 When must I comply if my air curtain incinerator burns only
wood waste, clean lumber, and yard waste?
60.3064 What must I do if I close my air curtain incinerator that
burns only wood waste, clean lumber, and yard waste and then restart
it?
60.3065 What must I do if I plan to permanently close my air curtain
incinerator that burns only wood waste, clean lumber, and yard waste
and not restart it?
60.3066 What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard
waste?
60.3067 How must I monitor opacity for air curtain incinerators that
burn only wood waste, clean lumber, and yard waste?
60.3068 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?
60.3069 Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,
clean lumber, and yard waste?
Model Rule--Equations
60.3076 What equations must I use?
Model Rule--Definitions
60.3078 What definitions must I know?
Tables to Subpart FFFF of Part 60
Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule
Table 2 to Subpart FFFF of Part 60--Model Rule--Emission Limitations
Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits for
Incinerators and Wet Scrubbers
Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for
Continuous Emission Monitoring Systems (CEMS)
Table 5 to Subpart FFFF of Part 60--Model Rule--Summary of Reporting
Requirements a
Subpart FFFF--Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004
Introduction
Sec. 60.2980 What is the purpose of this subpart?
This subpart establishes emission guidelines and compliance
schedules for the control of emissions from other solid waste
incineration (OSWI) units. The pollutants addressed by these emission
guidelines are listed in Table 2 of this subpart. These emission
guidelines are developed in accordance with sections 111(d) and 129 of
the Clean Air Act and subpart B of this part.
Sec. 60.2981 Am I affected by this subpart?
(a) If you are the Administrator of an air quality program in a
State or United States protectorate with one or more existing OSWI
units or air curtain incinerators subject to this subpart as described
in Sec. 60.2994(b) that commenced construction on or before December
9, 2004, you must submit a State plan to the U.S. Environmental
Protection Agency (EPA) that implements the emission guidelines
contained in this subpart.
(b) You must submit the State plan to EPA by December 18, 2006.
Sec. 60.2982 Is a State plan required for all States?
No, you are not required to submit a State plan if there are no
existing OSWI units or air curtain incinerators subject to this subpart
as described in Sec. 60.2994(b) in your State and you submit a
negative declaration letter in place of the State plan.
Sec. 60.2983 What must I include in my State plan?
(a) You must include the following nine items in your State plan:
(1) Inventory of affected incineration units, including those that
have ceased operation but have not been dismantled.
(2) Inventory of emissions from affected incineration units in your
State.
(3) Compliance schedules for each affected incineration unit.
(4) For each affected incineration unit, emission limitations,
operator training and qualification requirements, a waste management
plan, and operating parameter requirements that are at least as
protective as the emission guidelines contained in this subpart.
(5) Stack testing, recordkeeping, and reporting requirements.
(6) Transcript of the public hearing on the State plan.
(7) Provision for State progress reports to EPA.
(8) Identification of enforceable State mechanisms that you
selected for implementing the emission guidelines of this subpart.
(9) Demonstration of your State's legal authority to carry out the
sections 111(d) and 129 in your State plan.
(b) Your State plan may deviate from the format and content of the
emission guidelines contained in this subpart.
[[Page 74909]]
However, if your State plan does deviate, you must demonstrate that
your State plan is at least as protective as the emission guidelines
contained in this subpart. Your State plan must address regulatory
applicability, compliance schedule, operator training and
qualification, a waste management plan, emission limitations, stack
testing, operating parameter requirements, monitoring, recordkeeping
and reporting, and air curtain incinerator requirements.
(c) You must follow the requirements of subpart B of this part
(Adoption and Submittal of State Plans for Designated Facilities) in
your State plan.
Sec. 60.2984 Is there an approval process for my State plan?
Yes, EPA will review your State plan according to Sec. 60.27.
Sec. 60.2985 What if my State plan is not approvable?
If you do not submit an approvable State plan (or a negative
declaration letter) by December 17, 2007, EPA will develop a Federal
plan according to Sec. 60.27 to implement the emission guidelines
contained in this subpart. Owners and operators of incineration units
not covered by an approved State plan must comply with the Federal
plan. The Federal plan is an interim action and applies to units until
a State plan covering those units is approved and becomes effective.
Sec. 60.2986 Is there an approval process for a negative declaration
letter?
No, EPA has no formal review process for negative declaration
letters. Once we receive your negative declaration letter, we will
place a copy in the public docket and publish a notice in the Federal
Register. If, at a later date, an existing incineration unit is found
in your State, the Federal plan implementing the emission guidelines
contained in this subpart would automatically apply to that unit until
your State plan is approved.
Sec. 60.2987 What compliance schedule must I include in my State
plan?
Your State plan must include compliance schedules that require OSWI
units and air curtain incinerators subject to this subpart as described
in Sec. 60.2994(b) to achieve final compliance as expeditiously as
practicable after approval of the State plan but not later than the
earlier of the following two dates:
(a) December 16, 2010.
(b) Three years after the effective date of State plan approval.
Sec. 60.2988 Are there any State plan requirements for this subpart
that apply instead of the requirements specified in subpart B of this
part?
Yes, subpart B of this part establishes general requirements for
developing and processing section 111(d) plans. This subpart applies
instead of the requirements in subpart B of this part for the
following:
(a) State plans developed to implement this subpart must be as
protective as the emission guidelines contained in this subpart. State
plans must require all OSWI units and air curtain incinerators subject
to this subpart as described in Sec. 60.2994(b) to comply by December
16, 2010 or 3 years after the effective date of State plan approval,
whichever is sooner. This applies instead of the option for case-by-
case less stringent emission standards and longer compliance schedules
in Sec. 60.24(f).
(b) State plans developed to implement this subpart are required to
include only one increment of progress for the affected incineration
units. This increment is the final compliance date in Sec.
60.21(h)(5). This applies instead of the requirement of Sec.
60.24(e)(1).
Sec. 60.2989 Does this subpart directly affect incineration unit
owners and operators in my State?
(a) No, this subpart does not directly affect incineration unit
owners and operators in your State. However, unit owners and operators
must comply with the State plan you develop to implement the emission
guidelines contained in this subpart.
(b) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by December 17, 2007,
EPA will implement and enforce a Federal plan, as provided in Sec.
60.2985, to ensure that each unit within your State reaches compliance
with all the provisions of this subpart by December 16, 2010.
Sec. 60.2990 What Authorities are withheld by EPA?
The following authorities are withheld by EPA and not transferred
to the State, local or tribal agency:
(1) Approval of alternatives to the emission limitations in Table 2
of this subpart and operating limits established under Sec. 60.3023
and Table 3 of this subpart.
(2) Approval of petitions for specific operating limits in Sec.
60.3024.
(3) Approval of major alternatives to test methods.
(4) Approval of major alternatives to monitoring.
(5) Approval of major alternatives to recordkeeping and reporting.
(6) The status report requirements in Sec. 60.3020(c)(2).
Applicability of State Plans
Sec. 60.2991 What incineration units must I address in my State plan?
Your State plan must address all incineration units in your State
that meet all the requirements specified in paragraphs (a) through (c)
of this section.
(a) The incineration unit is an existing incineration unit as
defined in Sec. 60.2992.
(b) The incineration unit is an OSWI unit as defined in Sec.
60.3078 or an air curtain incinerator subject to this subpart as
described in Sec. 60.2994(b). OSWI units are very small municipal
waste combustion units and institutional waste incineration units as
defined in Sec. 60.3078.
(c) The incineration unit is not excluded under Sec. 60.2993.
Sec. 60.2992 What is an existing incineration unit?
An existing incineration unit is an OSWI unit or air curtain
incinerator subject to this subpart that commenced construction on or
before December 9, 2004, except as provided in paragraph (a) of this
section.
(a) If the owner or operator of an incineration unit makes changes
that meet the definition of modification or reconstruction on or after
June 16, 2006, the unit becomes subject to subpart EEEE of this part
(New Source Performance Standards for Other Solid Waste Incineration
Units) and the State plan no longer applies to that unit.
(b) If the owner or operator of an existing incineration unit makes
physical or operational changes to the unit primarily to comply with
the State plan, then subpart EEEE of this part does not apply to that
unit. Such changes do not qualify as modifications or reconstructions
under subpart EEEE of this part.
Sec. 60.2993 Are any combustion units excluded from my State plan?
This subpart excludes the types of units described in paragraphs
(a) through (q) of this section, as long as the owner/operator meets
the requirements of this section.
(a) Cement kilns. The unit is excluded if it is regulated under
subpart LLL of part 63 of this chapter (National Emission Standards for
Hazardous Air Pollutants from the Portland Cement Manufacturing
Industry).
(b) Co-fired combustors. The unit, that would otherwise be
considered a very small municipal waste combustion unit, is excluded if
the owner/operator of the
[[Page 74910]]
unit meets the five requirements specified in paragraphs (b)(1) through
(5) of this section.
(1) Has a Federally enforceable permit limiting the combustion of
municipal solid waste to 30 percent of the total fuel input by weight.
(2) Notifies the Administrator that the unit qualifies for the
exclusion.
(3) Provides the Administrator with a copy of the Federally
enforceable permit.
(4) Records the weights, each calendar quarter, of municipal solid
waste and of all other fuels combusted.
(5) Keeps each report for 5 years. These records must be kept on
site for at least 2 years, but may be kept off site for the remaining 3
years.
(c) Cogeneration facilities. The unit is excluded if it meets the
three requirements specified in paragraphs (c)(1) through (3) 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) The owner/operator of the unit notifies the Administrator that
the unit meets all of these criteria.
(d) Commercial and industrial solid waste incineration units. The
unit is excluded if it is regulated under subparts CCCC or DDDD of this
part or subpart III of part 62 and is required to meet the emission
limitations established in those subparts.
(e) Hazardous waste combustion units. The unit is excluded if it
meets either of the two criteria specified in paragraph (e)(1) or (2)
of this section.
(1) The owner/operator of the unit is required to get a permit for
the unit under section 3005 of the Solid Waste Disposal Act.
(2) The unit is regulated under 40 CFR part 63, subpart EEE
(National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors).
(f) Hospital/medical/infectious waste incinerators. The unit is
excluded if it is regulated under subparts Ce or Ec of this part (New
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators) or subpart HHH of part 62
(Federal Plan for Hospital/Medical/Infectious Waste Incinerators
constructed on or before June 20, 1996).
(g) Incinerators and air curtain incinerators in isolated areas of
Alaska. The incineration unit is excluded if it is used at a solid
waste disposal site in Alaska that is classified as a Class II or Class
III municipal solid waste landfill, as defined in Sec. 60.3078.
(h) Rural institutional waste incinerators. The incineration unit
is excluded if it is an institutional waste incinerator, as defined in
Sec. 60.3078, and the application for exclusion described in
paragraphs (h)(1) and (2) of this section has been approved by the
Administrator.
(1) Prior to 1 year before the final compliance date, an
application and supporting documentation demonstrating that the
institutional waste incineration unit meets the two requirements
specified in paragraphs (h)(1)(i) and (ii) of this section must be
submitted to the Administrator for approval.
(i) The unit is located more than 50 miles from the boundary of the
nearest Metropolitan Statistical Area,
(ii) Alternative disposal options are not available or are
economically infeasible.
(2) The application described in paragraph (h)(1) of this section
must be revised and resubmitted to the Administrator for approval every
5 years following the initial approval of the exclusion for your unit.
(3) If you re-applied for an exclusion pursuant to paragraph (h)(2)
of this section and were denied exclusion by the Administrator, you
have 3 years from the expiration date of the current exclusion to
comply with the emission limits and all other applicable requirements
of this subpart.
(i) Institutional boilers and process heaters. The unit is excluded
if it is regulated under 40 CFR part 63, subpart DDDDD (National
Emission Standards for Hazardous Air Pollutants for Industrial,
Commercial, and Institutional Boilers and Process Heaters).
(j) Laboratory Analysis Units. The unit is excluded if it burns
samples of materials only for the purpose of chemical or physical
analysis.
(k) Materials recovery units. The unit is excluded if it combusts
waste for the primary purpose of recovering metals. Examples include
primary and secondary smelters.
(l) Pathological waste incineration units. The institutional waste
incineration unit or very small municipal waste combustion unit is
excluded from this subpart if it burns 90 percent or more by weight (on
a calendar quarter basis and excluding the weight of auxiliary fuel and
combustion air) of pathological waste, low-level radioactive waste,
and/or chemotherapeutic waste as defined in Sec. 60.3078 and the
owner/operator of the unit notifies the Administrator that the unit
meets these criteria.
(m) Small or large municipal waste combustion units. The unit is
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb,
of this part or subparts FFF or JJJ of part 62 and is required to meet
the emission limitations established in those subparts.
(n) Small power production facilities. The unit is excluded if it
meets the three requirements specified in paragraphs (n)(1) through (3)
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) The owner/operator of the unit notifies the Administrator that
the unit meets all of these criteria.
(o) Temporary-use incinerators and air curtain incinerators used in
disaster recovery. The incineration unit is excluded if it is used on a
temporary basis to combust debris from a disaster or emergency such as
a tornado, hurricane, flood, ice storm, high winds, or act of
bioterrorism and you comply with the requirements in Sec. 60.3061.
(p) Units that combust contraband or prohibited goods. The
incineration unit is excluded if the unit is owned or operated by a
government agency such as police, customs, agricultural inspection, or
a similar agency to destroy only illegal or prohibited goods such as
illegal drugs, or agricultural food products that can not be
transported into the country or across state lines to prevent
biocontamination. The exclusion does not apply to items either
confiscated or incinerated by private, industrial, or commercial
entities.
(q) Incinerators used for national security. Your incineration unit
is excluded if it meets the requirements specified in either (q)(1) or
(2) of this section.
(1) The incineration unit is used solely during military training
field exercises to destroy national security materials integral to the
field exercises.
(2) The incineration unit is used solely to incinerate national
security materials, its use is necessary to safeguard national
security, you follow the exclusion request requirements in paragraphs
(q)(2)(i) and (ii) of this section, and the Administrator has approved
your request for exclusion.
(i) The request for exclusion and supporting documentation must
demonstrate both that the incineration unit is used solely to destroy
national
[[Page 74911]]
security materials and that a reliable alternative to incineration that
ensures acceptable destruction of national security materials is
unavailable, on either a permanent or temporary basis.
(ii) The request for exclusion must be submitted to the
Administrator prior to 1 year before the final compliance date.
Sec. 60.2994 Are air curtain incinerators regulated under this
subpart?
(a) Air curtain incinerators that burn less than 35 tons per day of
municipal solid waste or air curtain incinerators located at
institutional facilities burning any amount of institutional waste
generated at that facility are subject to all requirements of this
subpart, including the emission limitations specified in Table 2 of
this subpart.
(b) Air curtain incinerators that burn only less than 35 tons per
day of the materials listed in paragraphs (b)(1) through (4) of this
section collected from the general public and from residential,
commercial, institutional, and industrial sources; or, air curtain
incinerators located at institutional facilities that burn only the
materials listed in paragraphs (b)(1) through (4) of this section
generated at that facility, are required to meet only the requirements
in Sec. Sec. 60.3062 through 60.3069 and are exempt from all other
requirements of this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
Model Rule--Use of Model Rule
Sec. 60.2996 What is the purpose of the ``model rule'' in this
subpart?
(a) The model rule provides the emission guidelines requirements in
a standard regulation format. You must develop a State plan that is at
least as protective as the model rule. You may use the model rule
language as part of your State plan. Alternative language may be used
in your State plan if you demonstrate that the alternative language is
at least as protective as the model rule contained in this subpart.
(b) In the ``model rule'' of Sec. Sec. 60.3000 through 60.3078,
``you'' means the owner or operator of an OSWI unit or air curtain
incinerator subject to this subpart.
Sec. 60.2997 How does the model rule relate to the required elements
of my State plan?
Use the model rule to satisfy the State plan requirements specified
in Sec. 60.2983(a)(4) and (5).
Sec. 60.2998 What are the principal components of the model rule?
The model rule contains nine major components, as follows:
(a) Compliance schedule.
(b) Waste management plan.
(c) Operator training and qualification.
(d) Emission limitations and operating limits.
(e) Performance testing.
(f) Initial compliance requirements.
(g) Continuous compliance requirements.
(h) Monitoring.
(i) Recordkeeping and reporting.
Model Rule--Compliance Schedule
Sec. 60.3000 When must I comply?
Table 1 of this subpart specifies the final compliance date. You
must submit a notification to the Administrator stating whether final
compliance has been achieved, postmarked within 10 business days after
the final compliance date in Table 1 of this subpart.
Sec. 60.3001 What must I do if I close my OSWI unit and then restart
it?
(a) If you close your OSWI unit but will reopen it prior to the
final compliance date in your State plan, you must meet the final
compliance date specified in Table 1 of this subpart.
(b) If you close your OSWI unit but will restart it after your
final compliance date, you must complete emission control retrofit and
meet the emission limitations on the date your OSWI unit restarts
operation. You must conduct your initial performance test within 30
days of restarting your OSWI unit.
Sec. 60.3002 What must I do if I plan to permanently close my OSWI
unit and not restart it?
You must close the unit before the final compliance date specified
in Table 1 of this subpart.
Model Rule--Waste Management Plan
Sec. 60.3010 What is a waste management plan?
A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.
Sec. 60.3011 When must I submit my waste management plan?
You must submit a waste management plan no later than 60 days
following the initial performance test as specified in Table 5 of this
subpart. Section 60.3031 specifies the date by which you are required
to conduct your performance test.
Sec. 60.3012 What should I include in my waste management plan?
A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures and implement those measures the source considers practical
and feasible, considering the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.
Model Rule--Operator Training and Qualification
Sec. 60.3014 What are the operator training and qualification
requirements?
(a) No OSWI unit can be operated unless a fully trained and
qualified OSWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified OSWI
unit operator may operate the OSWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified OSWI unit operators are temporarily not accessible,
you must follow the procedures in Sec. 60.3020.
(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 13 subjects listed in paragraphs (c)(1)(i)
through (xiii) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Methods to monitor pollutants (including monitoring of
incinerator and control device operating parameters)
[[Page 74912]]
and monitoring equipment calibration procedures, where applicable.
(viii) Actions to correct malfunctions or conditions that may lead
to malfunction.
(ix) Bottom and fly ash characteristics and handling procedures.
(x) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
(xi) Pollution prevention.
(xii) Waste management practices.
(xiii) Recordkeeping requirements.
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that may
serve as reference material following completion of the course.
Sec. 60.3015 When must the operator training course be completed?
The operator training course must be completed by the latest of the
three dates specified in paragraphs (a) through (c) of this section.
(a) The final compliance date specified in Table 1 of this subpart.
(b) Six months after your OSWI unit startup.
(c) Six months after an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.
Sec. 60.3016 How do I obtain my operator qualification?
(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 60.3014(c).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 60.3014(c)(2).
Sec. 60.3017 How do I maintain my operator qualification?
To maintain qualification, you must complete an annual review or
refresher course covering, at a minimum, the five topics described in
paragraphs (a) through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or conditions that may lead to
malfunction.
(e) Discussion of operating problems encountered by attendees.
Sec. 60.3018 How do I renew my lapsed operator qualification?
You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 60.3017.
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 60.3016(a).
Sec. 60.3019 What site-specific documentation is required?
(a) Documentation must be available at the facility and readily
accessible for all OSWI unit operators that addresses the nine topics
described in paragraphs (a)(1) through (9) 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
operating limits established under this subpart.
(7) Reporting and recordkeeping procedures.
(8) The waste management plan required under Sec. Sec. 60.3010
through 60.3012.
(9) Procedures for handling ash.
(b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator.
(1) The initial review of the information listed in paragraph (a)
of this section must be conducted by the latest of three dates
specified in paragraphs (b)(1)(i) through (iii) of this section.
(i) The final compliance date specified in Table 1 of this subpart.
(ii) Six months after your OSWI unit startup.
(iii) Six months after an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.
(2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
(c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
(1) Records showing the names of OSWI unit operators 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 the OSWI unit operators who have
completed the operator training requirements under Sec. 60.3014, met
the criteria for qualification under Sec. 60.3016, and maintained or
renewed their qualification under Sec. 60.3017 or Sec. 60.3018.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
Sec. 60.3020 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 three criteria specified in paragraphs (a)
through (c) 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 12 hours or
less, the OSWI unit may be operated by other plant personnel familiar
with the operation of the OSWI unit who have completed review of the
information specified in Sec. 60.3019(a) within the past 12 months.
You do not need to notify the Administrator or include this as a
deviation in your annual report.
(b) When all qualified operators are not accessible for more than
12 hours, but less than 2 weeks, the OSWI unit may be operated by other
plant personnel familiar with the operation of the OSWI unit who have
completed a review of the information specified in Sec. 60.3019(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec. 60.3051.
(c) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(c)(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,
[[Page 74913]]
and when you anticipate that a qualified operator will be accessible.
(2) Submit a status report to EPA 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 EPA to continue operation of the OSWI unit.
You must submit the first status report 4 weeks after you notify the
Administrator of the deviation under paragraph (c)(1) of this section.
If EPA notifies you that your request to continue operation of the OSWI
unit is disapproved, the OSWI unit may continue operation for 90 days,
then must cease operation. Operation of the unit may resume if you meet
the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
(i) A qualified operator is accessible as required under Sec.
60.3014(a).
(ii) You notify EPA that a qualified operator is accessible and
that you are resuming operation.
Model Rule--Emission Limitations and Operating Limits
Sec. 60.3022 What emission limitations must I meet and by when?
You must meet the emission limitations specified in Table 2 of this
subpart on the date the initial performance test is required or
completed (whichever is earlier). Section 60.3031 specifies the date by
which you are required to conduct your performance test.
Sec. 60.3023 What operating limits must I meet and by when?
(a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 3 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraphs (a)(1)(i) or (ii) of this section, as
appropriate.
(i) For continuous and intermittent units, maximum charge rate is
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 the charge rate
measured during the most recent performance test demonstrating
compliance with all applicable emission limitations.
(2) Minimum pressure drop across the wet scrubber, which is
calculated as the 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 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
average liquor flow rate at the inlet to the wet 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 average
liquor pH at the inlet to the wet scrubber measured during the most
recent performance test demonstrating compliance with the hydrogen
chloride and sulfur dioxide emission limitations.
(b) You must meet the operating limits established during the
initial performance test beginning on the date 180 days after your
final compliance date in Table 1 of this subpart.
Sec. 60.3024 What if I do not use a wet scrubber to comply with the
emission limitations?
If you use an air pollution control device other than a wet
scrubber or limit emissions in some other manner to comply with the
emission limitations under Sec. 60.3022, you must petition EPA for
specific operating limits, the values of which are to be established
during the initial performance test and then continuously monitored
thereafter. You must not conduct the initial performance test until
after the petition has been approved by EPA. Your petition must include
the five items listed in paragraphs (a) through (e) of this section.
(a) Identification of the specific parameters you propose to use as
operating limits.
(b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
Sec. 60.3025 What happens during periods of startup, shutdown, and
malfunction?
The emission limitations and operating limits apply at all times
except during OSWI unit startups, shutdowns, or malfunctions.
Model Rule--Performance Testing
Sec. 60.3027 How do I conduct the initial and annual performance
test?
(a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
(b) All performance tests must be conducted using the methods in
Table 2 of this subpart.
(c) All performance tests must be conducted using the minimum run
duration specified in Table 2 of this subpart.
(d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
(e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 in Sec. 60.3076.
(g) Method 26A of appendix A of this part must be used for hydrogen
chloride concentration analysis, with the additional requirements
specified in paragraphs (g)(1) through (3) of this section.
(1) The probe and filter must be conditioned prior to sampling
using the procedure described in paragraphs (g)(1)(i) through (iii) of
this section.
(i) Assemble the sampling train(s) and conduct a conditioning run
by collecting between 14 liters per minute (0.5 cubic feet per minute)
and 30 liters per minute (1.0 cubic feet per minute) of gas over a 1-
hour period. Follow the sampling procedures outlined in section 8.1.5
of Method 26A of appendix A of this part. For the conditioning run,
water can be used as the impinger solution.
(ii) Remove the impingers from the sampling train and replace with
a fresh impinger train for the sampling run, leaving the probe and
filter (and cyclone, if used) in position. Do not recover the filter or
rinse the probe before the first run. Thoroughly rinse the impingers
used in the
[[Page 74914]]
preconditioning run with deionized water and discard these rinses.
(iii) The probe and filter assembly are conditioned by the stack
gas and are not recovered or cleaned until the end of testing.
(2) For the duration of sampling, a temperature around the probe
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and
134 [deg]C (273 [deg]F) must be maintained.
(3) If water droplets are present in the sample gas stream, the
requirements specified in paragraphs (g)(3)(i) and (ii) of this section
must be met.
(i) The cyclone described in section 6.1.4 of Method 26A of
appendix A of this part must be used.
(ii) The post-test moisture removal procedure described in section
8.1.6 of Method 26A of appendix A of this part must be used.
Sec. 60.3028 How are the performance test data used?
You use results of performance tests to demonstrate compliance with
the emission limitations in Table 2 of this subpart.
Model Rule--Initial Compliance Requirements
Sec. 60.3030 How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?
You must conduct an initial performance test, as required under
Sec. 60.8, to determine compliance with the emission limitations in
Table 2 of this subpart and to establish operating limits using the
procedure in Sec. 60.3023 or Sec. 60.3024. The initial performance
test must be conducted using the test methods listed in Table 2 of this
subpart and the procedures in Sec. 60.3027.
Sec. 60.3031 By what date must I conduct the initial performance
test?
The initial performance test must be conducted no later than 180
days after your final compliance date. Your final compliance date is
specified in Table 1 of this subpart.
Model Rule--Continuous Compliance Requirements
Sec. 60.3033 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
(a) You must conduct an annual performance test for all of the
pollutants in Table 2 of this subpart for each OSWI unit to determine
compliance with the emission limitations. The annual performance test
must be conducted using the test methods listed in Table 2 of this
subpart and the procedures in Sec. 60.3027.
(b) You must continuously monitor carbon monoxide emissions to
determine compliance with the carbon monoxide emissions limitation.
Twelve-hour rolling average values are used to determine compliance. A
12-hour rolling average value above the carbon monoxide emission limit
in Table 2 constitutes a deviation from the emission limitation.
(c) You must continuously monitor the operating parameters
specified in Sec. 60.3023 or established under Sec. 60.3024. Three-
hour rolling average values are used to determine compliance with the
operating limits unless a different averaging period is established
under Sec. 60.3024. A 3-hour rolling average value (unless a different
averaging period is established under Sec. 60.3024) above the
established maximum or below the established minimum operating limits
constitutes a deviation from the established operating limits.
Operating limits do not apply during performance tests.
Sec. 60.3034 By what date must I conduct the annual performance test?
You must conduct annual performance tests within 12 months
following the initial performance test. Conduct subsequent annual
performance tests within 12 months following the previous one.
Sec. 60.3035 May I conduct performance testing less often?
(a) You can test less often for a given pollutant if you have test
data for at least three consecutive annual tests, and all performance
tests for the pollutant over that period show that you comply with the
emission limitation. In this case, you do not have to conduct a
performance test for that pollutant for the next 2 years. You must
conduct a performance test during the 3rd year and no more than 36
months following the previous performance test.
(b) If your OSWI unit continues to meet the emission limitation for
the pollutant, you may choose to conduct performance tests for that
pollutant every 3rd year, but each test must be within 36 months of the
previous performance test.
(c) If a performance test shows a deviation from an emission
limitation for any pollutant, you must conduct annual performance tests
for that pollutant until three consecutive annual performance tests for
that pollutant all show compliance.
Sec. 60.3036 May I conduct a repeat performance test to establish new
operating limits?
Yes, you may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.
Model Rule--Monitoring
Sec. 60.3038 What continuous emission monitoring systems must I
install?
(a) You must install, calibrate, maintain, and operate continuous
emission monitoring systems for carbon monoxide and for oxygen. You
must monitor the oxygen concentration at each location where you
monitor carbon monoxide.
(b) You must install, evaluate, and operate each continuous
emission monitoring system according to the ``Monitoring Requirements''
in Sec. 60.13.
Sec. 60.3039 How do I make sure my continuous emission monitoring
systems are operating correctly?
(a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure carbon
monoxide and oxygen.
(b) Complete your initial evaluation of the continuous emission
monitoring systems within 180 days after your final compliance date in
Table 1 of this subpart.
(c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your carbon monoxide and oxygen
continuous emission monitoring systems. To validate carbon monoxide
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data
during each initial and annual evaluation of your continuous emission
monitoring systems following the applicable performance specifications
in appendix B of this part. Table 4 of this subpart shows the required
span values and performance specifications that apply to each
continuous emission monitoring system.
(d) Follow the quality assurance procedures in Procedure 1 of
appendix F of this part for each continuous emission monitoring system.
The procedures include daily calibration drift and quarterly accuracy
determinations.
Sec. 60.3040 What is my schedule for evaluating continuous emission
monitoring systems?
(a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 12 months after the previous evaluation
was conducted.
(b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of this part.
[[Page 74915]]
Sec. 60.3041 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems, and is the data
collection requirement enforceable?
(a) Where continuous emission monitoring systems are required,
obtain 1-hour arithmetic averages. Make sure the averages for carbon
monoxide are in parts per million by dry volume at 7 percent oxygen.
Use the 1-hour averages of oxygen data from your continuous emission
monitoring system to determine the actual oxygen level and to calculate
emissions at 7 percent oxygen.
(b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your
continuous emission monitoring systems to complete at least one cycle
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
(c) Obtain valid 1-hour averages for at least 75 percent of the
operating hours per day for at least 90 percent of the operating days
per calendar quarter. An operating day is any day the unit combusts any
municipal or institutional solid waste.
(d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you have deviated from the data
collection requirement regardless of the emission level monitored.
(e) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you must still use all valid data from
the continuous emission monitoring systems in calculating emission
concentrations.
(f) If continuous emission monitoring systems are temporarily
unavailable to meet the data collection requirements, refer to Table 4
of this subpart. It shows alternate methods for collecting data when
systems malfunction or when repairs, calibration checks, or zero and
span checks keep you from collecting the minimum amount of data.
Sec. 60.3042 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?
(a) Use Equation 1 in Sec. 60.3076 to calculate emissions at 7
percent oxygen.
(b) Use Equation 2 in Sec. 60.3076 to calculate the 12-hour
rolling averages for concentrations of carbon monoxide.
Sec. 60.3043 What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?
(a) If you are using a wet scrubber to comply with the emission
limitations under Sec. 60.3022, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
3 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 3 of this subpart at all times.
(b) You must install, calibrate (to manufacturers' specifications),
maintain, and operate a device or method for measuring the use of any
stack that could be used to bypass the control device. The measurement
must include the date, time, and duration of the use of the bypass
stack.
(c) If you are using a method or air pollution control device other
than a wet scrubber to comply with the emission limitations under Sec.
60.3022, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec. 60.3024.
Sec. 60.3044 Is there a minimum amount of operating parameter
monitoring data I must obtain?
(a) Except for monitor malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the OSWI unit is operating.
(b) You must obtain valid monitoring data for at least 75 percent
of the operating hours per day for at least 90 percent of the operating
days per calendar quarter. An operating day is any day the unit
combusts any municipal or institutional solid waste.
(c) If you do not obtain the minimum data required in paragraphs
(a) and (b) of this section, you have deviated from the data collection
requirement regardless of the operating parameter level monitored.
(d) Do not use data recorded during monitor malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.
Model Rule--Recordkeeping and Reporting
Sec. 60.3046 What records must I keep?
You must maintain the 14 items (as applicable) as specified in
paragraphs (a) through (n) of this section for a period of at least 5
years.
(a) Calendar date of each record.
(b) Records of the data described in paragraphs (b)(1) through (8)
of this section.
(1) The OSWI unit charge dates, times, weights, and hourly charge
rates.
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
(5) For OSWI units that establish operating limits for controls
other than wet scrubbers under Sec. 60.3024, you must maintain data
collected for all operating parameters used to determine compliance
with the operating limits.
(6) All 1-hour average concentrations of carbon monoxide emissions.
(7) All 12-hour rolling average values of carbon monoxide emissions
and all 3-hour rolling average values of continuously monitored
operating parameters.
(8) Records of the dates, times, and durations of any bypass of the
control device.
(c) Identification of calendar dates and times for which continuous
emission monitoring systems or monitoring systems used to monitor
operating limits were inoperative, inactive, malfunctioning, or out of
control (except for downtime associated with zero and span and other
routine calibration checks). Identify the pollutant emissions or
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
(d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
(e) Identification of calendar dates and times for which monitoring
data show a deviation from the carbon monoxide emissions limit in Table
2 of this subpart or a deviation from the operating limits in Table 3
of this subpart or a deviation from other operating limits established
under Sec. 60.3024 with a description of the deviations, reasons for
such deviations, and a description of corrective actions taken.
(f) Calendar dates when continuous monitoring systems did not
collect the minimum amount of data required under Sec. Sec. 60.3041
and 60.3044.
[[Page 74916]]
(g) For carbon monoxide continuous emissions monitoring systems,
document the results of your daily drift tests and quarterly accuracy
determinations according to Procedure 1 of appendix F of this part.
(h) Records of the calibration of any monitoring devices required
under Sec. 60.3043.
(i) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations and a
description of the types of waste burned during the test.
(j) Records showing the names of OSWI unit operators who have
completed review of the information in Sec. 60.3019(a) as required by
Sec. 60.3019(b), including the date of the initial review and all
subsequent annual reviews.
(k) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec. 60.3014, met
the criteria for qualification under Sec. 60.3016, and maintained or
renewed their qualification under Sec. 60.3017 or Sec. 60.3018.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
(l) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(m) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(n) The information listed in Sec. 60.3019(a).
Sec. 60.3047 Where and in what format must I keep my records?
(a) You must keep each record on site for at least 2 years. You may
keep the records off site for the remaining 3 years.
(b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative
format is approved by the Administrator.
Sec. 60.3048 What reports must I submit?
See Table 5 of this subpart for a summary of the reporting
requirements.
Sec. 60.3049 What information must I submit following my initial
performance test?
You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager.
(a) The complete test report for the initial performance test
results obtained under Sec. 60.3030, as applicable.
(b) The values for the site-specific operating limits established
in Sec. 60.3023 or Sec. 60.3024.
(c) The waste management plan, as specified in Sec. Sec. 60.3010
through 60.3012.
Sec. 60.3050 When must I submit my annual report?
You must submit an annual report no later than 12 months following
the submission of the information in Sec. 60.3049. You must submit
subsequent reports no more than 12 months following the previous
report.
Sec. 60.3051 What information must I include in my annual report?
The annual report required under Sec. 60.3050 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec. 60.3052
through 60.3054.
(a) Company name and address.
(b) Statement by the owner or operator, with their name, title, and
signature, certifying the truth, accuracy, and completeness of the
report. Such certifications must also comply with the requirements of
40 CFR 70.5(d) or 40 CFR 71.5(d).
(c) Date of report and beginning and ending dates of the reporting
period.
(d) The values for the operating limits established pursuant to
Sec. 60.3023 or Sec. 60.3024.
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the emission limitations or operating limits was
inoperative, inactive, malfunctioning or out of control.
(f) The highest recorded 12-hour average and the lowest recorded
12-hour average, as applicable, for carbon monoxide emissions and the
highest recorded 3-hour average and the lowest recorded 3-hour average,
as applicable, for each operating parameter recorded for the calendar
year being reported.
(g) Information recorded under Sec. 60.3046(b)(6) and (c) through
(e) for the calendar year being reported.
(h) If a performance test was conducted during the reporting
period, the results of that test.
(i) If you met the requirements of Sec. 60.3035(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec. 60.3035(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period.
(j) Documentation of periods when all qualified OSWI unit operators
were unavailable for more than 12 hours, but less than 2 weeks.
Sec. 60.3052 What else must I report if I have a deviation from the
operating limits or the emission limitations?
(a) You must submit a deviation report if any recorded 3-hour
average parameter level is above the maximum operating limit or below
the minimum operating limit established under this subpart, if any
recorded 12-hour average carbon monoxide emission rate is above the
emission limitation, if the control device was bypassed, or if a
performance test was conducted that showed a deviation from any
emission limitation.
(b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).
Sec. 60.3053 What must I include in the deviation report?
In each report required under Sec. 60.3052, for any pollutant or
operating parameter that deviated from the emission limitations or
operating limits specified in this subpart, include the seven items
described in paragraphs (a) through (g) of this section.
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
(b) The averaged and recorded data for those dates.
(c) Durations and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
(d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
(e) The dates, times, number, duration, and causes for monitor
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
(f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.
(g) The dates, times, and durations of any bypass of the control
device.
[[Page 74917]]
Sec. 60.3054 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
(a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
(1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section.
(i) A statement of what caused the deviation.
(ii) A description of what you are doing to ensure that a qualified
operator is accessible.
(iii) The date when you anticipate that a qualified operator will
be available.
(2) Submit a status report to EPA every 4 weeks that includes the
three items in paragraphs (a)(2)(i) through (iii) of this section.
(i) A description of what you are doing to ensure that a qualified
operator is accessible.
(ii) The date when you anticipate that a qualified operator will be
accessible.
(iii) Request approval from EPA to continue operation of the OSWI
unit.
(b) If your unit was shut down by EPA, under the provisions of
Sec. 60.3020(c)(2), due to a failure to provide an accessible
qualified operator, you must notify EPA that you are resuming operation
once a qualified operator is accessible.
Sec. 60.3055 Are there any other notifications or reports that I must
submit?
Yes, you must submit notifications as provided by Sec. 60.7.
Sec. 60.3056 In what form can I submit my reports?
Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.
Sec. 60.3057 Can reporting dates be changed?
If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec. 60.19(c) for procedures to seek
approval to change your reporting date.
Model Rule--Title V Operating Permits
Sec. 60.3059 Am I required to apply for and obtain a title V
operating permit for my unit?
Yes, if you are subject to an applicable EPA-approved and effective
Clean Air Act section 111(d)/129 State or Tribal plan or an applicable
and effective Federal plan, you are required to apply for and obtain a
title V operating permit unless you meet the relevant requirements for
an exemption specified in Sec. 60.2993.
Sec. 60.3060 When must I submit a title V permit application for my
existing unit?
(a)(1) If your existing unit is not subject to an earlier permit
application deadline, a complete title V permit application must be
submitted on or before the earlier of the dates specified in paragraphs
(a)(1)(i) through (iii) of this section. (See sections 129(e), 503(c),
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40
CFR 71.5(a)(1)(i).)
(i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
(ii) 12 months after the effective date of any applicable Federal
plan.
(iii) December 16, 2008.
(2) For any existing unit not subject to an earlier permit
application deadline, the application deadline of 36 months after the
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of
whether or when any applicable Federal plan is effective, or whether or
when any applicable Clean Air Act section 111(d)/129 State or Tribal
plan is approved by EPA and becomes effective.
(b) If your existing unit is subject to title V as a result of some
triggering requirement(s) other than those specified in paragraph (a)
of this section (for example, a unit may be a major source or part of a
major source), then your unit may be required to apply for a title V
permit prior to the deadlines specified in paragraph (a). If more than
one requirement triggers a source's obligation to apply for a title V
permit, the 12-month timeframe for filing a title V permit application
is triggered by the requirement which first causes the source to be
subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR
70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40
CFR 71.5(a)(1)(i).)
(c) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40
CFR 71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with Federal law. (See sections 503(d) and 502(a) of the
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)
Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators
Used in Disaster Recovery
Sec. 60.3061 What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?
Your incinerator or air curtain incinerator is excluded from the
requirements of this subpart if it is used on a temporary basis to
combust debris from a disaster or emergency such as a tornado,
hurricane, flood, ice storm, high winds, or act of bioterrorism. To
qualify for this exclusion, the incinerator or air curtain incinerator
must be used to combust debris in an area declared a State of Emergency
by a local or State government, or the President, under the authority
of the Stafford Act, has declared that an emergency or a major disaster
exists in the area, and you must follow the requirements specified in
paragraphs (a) through (c) of this section.
(a) If the incinerator or air curtain incinerator is used during a
period that begins on the date the unit started operation and lasts 8
weeks or less within the boundaries of the same emergency or disaster
declaration area, then it is excluded from the requirements of this
subpart. You do not need to notify the Administrator of its use or meet
the emission limitations or other requirements of this subpart.
(b) If the incinerator or air curtain incinerator will be used
during a period that begins on the date the unit started operation and
lasts more than 8 weeks within the boundaries of the same emergency or
disaster declaration area, you must notify the Administrator that the
temporary-use incinerator or air curtain incinerator will be used for
more than 8 weeks and request permission to continue to operate the
unit as specified in paragraphs (b)(1) and (2) of this section.
(1) The notification must be submitted in writing by the date 8
weeks after you start operation of the temporary-use incinerator or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area.
(2) The notification must contain the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, identification of the
disaster or emergency for which the incinerator or air curtain
incinerator is being used, a description of the types of materials
being burned in the incinerator or air curtain incinerator, a brief
description of the size and design of the unit (for example, an air
curtain incinerator or a modular starved-air incinerator), the reasons
the incinerator
[[Page 74918]]
or air curtain incinerator must be operated for more than 8 weeks, and
the amount of time for which you request permission to operate
including the date you expect to cease operation of the unit.
(c) If you submitted the notification containing the information in
paragraph (b)(2) by the date specified in paragraph (b)(1), you may
continue to operate the incinerator or air curtain incinerator for
another 8 weeks, which is a total of 16 weeks from the date the unit
started operation within the boundaries of the current emergency or
disaster declaration area. You do not have to meet the emission
limitations or other requirements of this subpart during this period.
(1) At the end of 16 weeks from the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, you must cease
operation of the unit or comply with all requirements of this subpart,
unless the Administrator has approved in writing your request to
continue operation.
(2) If the Administrator has approved in writing your request to
continue operation, then you may continue to operate the incinerator or
air curtain incinerator within the boundaries of the current emergency
or disaster declaration area until the date specified in the approval,
and you do not need to comply with any other requirements of this
subpart during the approved time period.
Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean
Lumber, and Yard Waste
Sec. 60.3062 What is an air curtain incinerator?
(a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open, integrated combustion chamber (fire box)
or open pit or trench (trench burner) in which combustion occurs. For
the purpose of this subpart and subpart EEEE of this part only, air
curtain incinerators include both firebox and trench burner units.
(b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (4) of this section are required to meet only
the requirements in Sec. Sec. 60.3062 through 60.3069 and are exempt
from all other requirements of this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.
Sec. 60.3063 When must I comply if my air curtain incinerator burns
only wood waste, clean lumber, and yard waste?
Table 1 of this subpart specifies the final compliance date. You
must submit a notification to the Administrator postmarked within 10
business days after the final compliance date in Table 1 of this
subpart.
Sec. 60.3064 What must I do if I close my air curtain incinerator
that burns only wood waste, clean lumber, and yard waste and then
restart it?
(a) If you close your incinerator but will reopen it prior to the
final compliance date in your State plan, you must meet the final
compliance date specified in Table 1 of this subpart.
(b) If you close your incinerator but will restart it after your
final compliance date, you must meet the emission limitations on the
date your incinerator restarts operation.
Sec. 60.3065 What must I do if I plan to permanently close my air
curtain incinerator that burns only wood waste, clean lumber, and yard
waste and not restart it?
You must close the unit before the final compliance date specified
in Table 1 of this subpart.
Sec. 60.3066 What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard waste?
(a) Within 180 days after your final compliance date in Table 1 of
this subpart, you must meet the two limitations specified in paragraphs
(a)(1) and (2) of this section.
(1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
(2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
(b) The limitations in paragraph (a) of this section apply at all
times except during malfunctions.
Sec. 60.3067 How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?
(a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8
within 180 days after the final compliance date in Table 1 of this
subpart.
(c) After the initial test for opacity, conduct annual tests no
more than 12 months following the date of your previous test.
(d) If the air curtain incinerator has been out of operation for
more than 12 months following the date of your previous test, then you
must conduct a test for opacity upon startup of the unit.
Sec. 60.3068 What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?
(a) Keep records of results of all initial and annual opacity tests
in either paper copy or computer-readable format that can be printed
upon request, unless the Administrator approves another format, for at
least 5 years. You must keep each record on site for at least 2 years.
You may keep the records off site for the remaining 3 years.
(b) Make all records available for submittal to the Administrator
or for an inspector's review.
(c) You must submit the results (each 6-minute average) of the
initial opacity tests no later than 60 days following the initial test.
Submit annual opacity test results within 12 months following the
previous report.
(d) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date.
(e) Keep a copy of the initial and annual reports for a period of 5
years. You must keep each report on site for at least 2 years. You may
keep the reports off site for the remaining 3 years.
Sec. 60.3069 Am I required to apply for and obtain a title V
operating permit for my air curtain incinerator that burns only wood
waste, clean lumber, and yard waste?
Yes, if your air curtain incinerator is subject to this subpart,
you are required to apply for and obtain a title V operating permit as
specified in Sec. Sec. 60.3059 and 60.3060.
Model Rule--Equations
Sec. 60.3076 What equations must I use?
(a) Percent oxygen. Adjust all pollutant concentrations to 7
percent oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.002
[[Page 74919]]
Where:
Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen
correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent
(b) Capacity of a very small municipal waste combustion unit. For
very small municipal waste combustion units that can operate
continuously for 24-hour periods, calculate the unit capacity based on
24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
(1) For very small municipal waste combustion units with a design
based on heat input capacity, calculate the maximum charging rate based
on the maximum heat input capacity and one of two heating values:
(i) If your very small municipal waste combustion unit combusts
refuse-derived fuel, use a heating value of 12,800 kilojoules per
kilogram (5,500 British thermal units per pound).
(ii) If your very small municipal waste combustion unit combusts
municipal solid waste, use a heating value of 10,500 kilojoules per
kilogram (4,500 British thermal units per pound).
(2) For very small municipal waste combustion units with a design
not based on heat input capacity, use the maximum design charging rate.
(c) Capacity of a batch very small municipal waste combustion unit.
Calculate the capacity of a batch OSWI unit as the maximum design
amount of municipal solid waste it can charge per batch multiplied by
the maximum number of batches it can process in 24 hours. Calculate the
maximum number of batches by dividing 24 by the number of hours needed
to process one batch. Retain fractional batches in the calculation. For
example, if one batch requires 16 hours, the OSWI unit can combust 24/
16, or 1.5 batches, in 24 hours.
(d) Carbon monoxide pollutant rate. When hourly average pollutant
rates (Eh) are obtained (e.g., CEMS values), compute the
rolling average carbon monoxide pollutant rate (Ea) for each
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16DE05.003
Where:
Ea = Average carbon monoxide pollutant rate for the 12-hour
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour
``j,'' ppm corrected to 7 percent O2.
Model Rule--Definitions
Sec. 60.3078 What definitions must I know?
Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
Administrator means:
(1) For approved and effective State section 111(d)/129 plans, the
Director of the State air pollution control agency, or his or her
delegatee;
(2) For Federal section 111(d)/129 plans, the Administrator of the
EPA, an employee of the EPA, the Director of the State air pollution
control agency, or employee of the State air pollution control agency
to whom the authority has been delegated by the Administrator of the
EPA to perform the specified task; and
(3) For NSPS, the Administrator of the EPA, an employee of the EPA,
the Director of the State air pollution control agency, or employee of
the State air pollution control agency to whom the authority has been
delegated by the Administrator of the EPA to perform the specified
task.
Air curtain incinerator means an incineration unit operating by
forcefully projecting a curtain of air across an open, integrated
combustion chamber (fire box) or open pit or trench (trench burner) in
which combustion occurs. For the purpose of this subpart and subpart
EEEE only, air curtain incinerators include both firebox and trench
burner units.
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Batch OSWI unit means an OSWI unit that is designed such that
neither waste charging nor ash removal can occur during combustion.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
Chemotherapeutic waste means waste material resulting from the
production or use of anti-neoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
Class II municipal solid waste landfill means a landfill that meets
four criteria:
(1) Accepts, for incineration or disposal, less than 20 tons per
day of municipal solid waste or other solid wastes based on an annual
average;
(2) Is located on a site where there is no evidence of groundwater
pollution caused or contributed to by the landfill;
(3) Is not connected by road to a Class I municipal solid waste
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if
connected by road, is located more than 50 miles from a Class I
municipal solid waste landfill; and
(4) Serves a community that meets one of two criteria:
(i) Experiences for at least three months each year, an
interruption in access to surface transportation, preventing access to
a Class I municipal solid waste landfill; or
(ii) Has no practicable waste management alternative, with a
landfill located in an area that annually receives 25 inches or less of
precipitation.
Class III municipal solid waste landfill is a landfill that is not
connected by road to a Class I municipal solid waste landfill, as
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by
road, is located more than 50 miles from a Class I municipal solid
waste landfill, and that accepts, for disposal, either of the following
two criteria:
(1) Ash from incinerated municipal waste in quantities less than
one ton per day on an annual average, which ash must be free of food
scraps that might attract animals; or
(2) Less than five tons per day of municipal solid waste, based on
an annual average, and is not located in a place that meets either of
the following criteria:
(i) Where public access is restricted, including restrictions on
the right to move to the place and reside there; or
(ii) That is provided by an employer and that is populated totally
by persons who are required to reside there as a condition of
employment and who do not consider the place to be their permanent
residence.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).
Collected from means the transfer of material from the site at
which the material is generated to a separate site where the material
is burned.
[[Page 74920]]
Contained gaseous material means gases that are in a container when
that container is combusted.
Continuous emission monitoring system or CEMS means a monitoring
system for continuously measuring and recording the emissions of a
pollutant from an OSWI unit.
Continuous OSWI unit means an OSWI unit that is designed to allow
waste charging and ash removal during combustion.
Deviation means any instance in which a unit that meets the
requirements in Sec. 60.2991, or an owner or operator of such a
source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any unit that meets requirements
in Sec. 60.2991 and is required to obtain such a permit; or
(3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless of whether or not
such failure is allowed by this subpart.
Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
EPA means the Administrator of the EPA or employee of the EPA that
is delegated the authority to perform the specified task.
Institutional facility means a land-based facility owned and/or
operated by an organization having a governmental, educational, civic,
or religious purpose such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.
Institutional waste means solid waste (as defined in this subpart)
that is combusted at any institutional facility using controlled flame
combustion in an enclosed, distinct operating unit: Whose design does
not provide for energy recovery (as defined in this subpart); operated
without energy recovery (as defined in this subpart); or operated with
only waste heat recovery (as defined in this subpart). Institutional
waste also means solid waste (as defined in this subpart) combusted on
site in an air curtain incinerator that is a distinct operating unit of
any institutional facility.
Institutional waste incineration unit means any combustion unit
that combusts institutional waste (as defined in this subpart) and is a
distinct operating unit of the institutional facility that generated
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration
units operating with starved or excess air, and any air curtain
incinerator that is a distinct operating unit of the institutional
facility that generated the institutional waste (except those air
curtain incinerators listed in Sec. 60.2994(b)).
Intermittent OSWI unit means an OSWI unit that is designed to allow
waste charging, but not ash removal, during combustion.
Low-level radioactive waste means waste material that contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Metropolitan Statistical Area means any areas listed as
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled
``Update of Statistical Area Definitions and Guidance on Their Uses''
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/
).
Modification or modified unit means an incineration unit you have
changed on or after June 16, 2006 and that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
unit (not including the cost of land) updated to current costs (current
dollars). For an OSWI unit, to determine what systems are within the
boundary of the unit used to calculate these costs, see the definition
of OSWI unit.
(2) Any physical change in the OSWI unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
Municipal solid waste means refuse (and refuse-derived fuel)
collected from the general public and from residential, commercial,
institutional, and industrial sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather, rubber, and other combustible
materials and non-combustible materials such as metal, glass and rock,
provided that: (1) The term does not include industrial process wastes
or medical wastes that are segregated from such other wastes; and (2)
an incineration unit shall not be considered to be combusting municipal
solid waste for purposes of this subpart if it combusts a fuel feed
stream, 30 percent or less of the weight of which is comprised, in
aggregate, of municipal solid waste, as determined by Sec. 60.2993(b).
Municipal waste combustion unit means, for the purpose of this
subpart and subpart EEEE, any setting or equipment that combusts
municipal solid waste (as defined in this subpart) including, but not
limited to, field-erected, modular, cyclonic burn barrel, and custom
built incineration units (with or without energy recovery) operating
with starved or excess air, boilers, furnaces, pyrolysis/combustion
units, and air curtain incinerators (except those air curtain
incinerators listed in Sec. 60.2994(b)).
Other solid waste incineration (OSWI) unit means either a very
small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this subpart. Unit types listed in
Sec. 60.2993 as being excluded from the subpart are not OSWI units
subject to this subpart. While not all OSWI units will include all of
the following components, an OSWI unit includes, but is not limited to,
the municipal or institutional solid waste feed system, grate system,
flue gas system, waste heat recovery equipment, if any, and bottom ash
system. The OSWI unit does not include air pollution control equipment
or the stack. The OSWI unit boundary starts at the municipal or
institutional waste hopper (if applicable) and extends through two
areas:
(1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and
(2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The OSWI unit includes all ash handling systems connected to
the bottom ash handling system.
[[Page 74921]]
Particulate matter means total particulate matter emitted from OSWI
units as measured by Method 5 or Method 29 of appendix A of this part.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
Reconstruction means rebuilding an incineration unit and meeting
two criteria:
(1) The reconstruction begins on or after June 16, 2006.
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the unit (not including land) updated to current costs
(current dollars). For an OSWI unit, to determine what systems are
within the boundary of the unit used to calculate these costs, see the
definition of OSWI unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
(2) Pelletized refuse-derived fuel.
Shutdown means the period of time after all waste has been
combusted in the primary chamber. For continuous OSWI, shutdown shall
commence no less than 2 hours after the last charge to the incinerator.
For intermittent OSWI, shutdown shall commence no less than 4 hours
after the last charge to the incinerator. For batch OSWI, shutdown
shall commence no less than 5 hours after the high-air phase of
combustion has been completed.
Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014).
Standard conditions, when referring to units of measure, means a
temperature of 68[deg]F (20[deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
Startup period means the period of time between the activation of
the system and the first charge to the OSWI unit. For batch OSWI,
startup means the period of time between activation of the system and
ignition of the waste.
Very small municipal waste combustion unit means any municipal
waste combustion unit that has the capacity to combust less than 35
tons per day of municipal solid waste or refuse-derived fuel, as
determined by the calculations in Sec. 60.3076.
Waste heat recovery means the process of recovering heat from the
combustion flue gases outside of the combustion firebox by convective
heat transfer only.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
(2) Construction, renovation, or demolition wastes.
(3) Clean lumber.
(4) Treated wood and treated wood products, including wood products
that have been painted, pigment-stained, or pressure treated by
compounds such as chromate copper arsenate, pentachlorophenol, and
creosote, or manufactured wood products that contain adhesives or
resins (e.g., plywood, particle board, flake board, and oriented strand
board).
Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. Yard waste comes from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include two items:
(1) Construction, renovation, and demolition wastes.
(2) Clean lumber.
Tables to Subpart FFFF of Part 60
As stated in Sec. 60.3000, you must comply with the following:
Table 1 to Subpart FFFF of Part 60.--Model Rule--Compliance Schedule
------------------------------------------------------------------------
Complete this action By this date a
------------------------------------------------------------------------
Final compliance b........................ (Dates to be specified in
State plan) c.
------------------------------------------------------------------------
a Site-specific schedules can be used at the discretion of the State.
b Final compliance means that you complete all process changes and
retrofit of control devices so that, when the incineration unit is
brought on line, all process changes and air pollution control devices
necessary to meet the emission limitations operate as designed.
c The date can be no later than 3 years after the effective date of
State plan approval or December 16, 2010, whichever is earlier.
As stated in Sec. 60.3022, you must comply with the following:
Table 2 to Subpart FFFF of Part 60.--Model Rule--Emission Limitations
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging time compliance using this
emission limitationa method
----------------------------------------------------------------------------------------------------------------
1. Cadmium........................ 18 micrograms per dry 3-run average (1 hour Method 29 of appendix A
standard cubic meter. minimum sample time per of this part.
run).
2. Carbon monoxide................ 40 parts per million 3-run average (1 hour Method 10, 10A, or 10B of
by dry volume. minimum sample time per appendix A of this part
run during performance and CEMS.
test), and 12-hour
rolling averages measured
using CEMS b.
3. Dioxins/furans (total basis)... 33 nanograms per dry 3-run average (1 hour Method 23 of appendix A
standard cubic meter. minimum sample time per of this part.
run).
[[Page 74922]]
4. Hydrogen chloride.............. 15 parts per million 3-run average (1 hour Method 26A of appendix A
by dry volume. minimum sample time per of this part.
run).
5. Lead........................... 226 micrograms per 3-run average (1 hour Method 29 of appendix A
dry standard cubic minimum sample time per of this part.
meter. run).
6. Mercury........................ 74 micrograms per dry 3-run average (1 hour Method 29 of appendix A
standard cubic meter. minimum sample time per of this part.
run).
7. Opacity........................ 10 percent........... 6-run average (1 hour Method 9 of appendix A of
minimum sample time per this part.
run).
8. Oxides of nitrogen............. 103 parts per million 3-run average (1 hour Method 7, 7A, 7C, 7D, or
by dry volume. minimum sample time per 7E of appendix A of this
run). part, or ANSI/ASME PTC
19.10-1981 (IBR, see
Sec. 60.17(h)) in lieu
of Methods 7 and 7C
only.
9. Particulate matter............. 0.013 grains per dry 3-run average (1 hour Method 5 or 29 of
standard cubic foot. minimum sample time per appendix A of this part.
run).
10. Sulfur dioxide................ 3.1 parts per million 3-run average (1 hour Method 6 or 6C of
by dry volume. minimum sample time per appendix A of this part,
run). or ANSI/ASME PTC 19.10-
1981 (IBR, see Sec.
60.17(h)) in lieu of
Method 6 only.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.
b Calculated each hour as the average of the previous 12 operating hours.
As stated in Sec. 60.3023, you must comply with the following:
Table 3 to Subpart FFFF of Part 60.--Model Rule--Operating Limits for Incinerators and Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
And monitoring using these minimum frequencies
For these operating parameters You must establish -----------------------------------------------------------
operating limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate.................. Maximum charge Continuous........ Every hour........ Daily for batch
rate. units. 3-hour
rolling for
continuous and
intermittent
units. a
2. Pressure drop across the wet Minimum pressure Continuous........ Every 15 minutes.. 3-hour rolling. a
scrubber or amperage to wet drop or amperage.
scrubber.
3. Scrubber liquor flow rate.... Minimum flow rate. Continuous........ Every 15 minutes.. 3-hour rolling. a
4. Scrubber liquor pH........... Minimum pH........ Continuous........ Every 15 minutes.. 3-hour rolling. a
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.
As stated in Sec. 60.3039, you must comply with the following:
Table 4 to Subpart FFFF of Part 60.--Model Rule--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
If needed to meet
Use the following minimum data
performance requirements, use the
For the following pollutants Use the following span specifications (P.S.) following alternate
values for your CEMS in appendix B of this methods in appendix A
part for your CEMS of this part to collect
data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide................... 125 percent of the P.S.4A................. Method 10.
maximum hourly
potential carbon
monoxide emissions of
the waste combustion
unit.
2. Oxygen............................ 25 percent oxygen...... P.S.3.................. Method 3A or 3B, or
ANSI/ASME PTC 19.10-
1981 (IBR, see Sec.
60.17(h)) in lieu of
Method 3B only.
----------------------------------------------------------------------------------------------------------------
As stated in Sec. 60.3048, you must comply with the following:
[[Page 74923]]
Table 5 to Subpart FFFF of the Part 60.--Model Rule--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
1. Initial test report.............. a. No later than 60 days i. Complete test report Sec. 60.3049.
following the initial for the initial
performance test performance test; and.
........................ ii. The values for the Sec. 60.3049.
site-specific
operating limits.
2. Waste management plan............ a. No later than 60 days i. Reduction or Sec. Sec. 60.3010
following the initial separation of through 60.3012.
performance test recyclable materials;
and.
........................ ii. Identification of Sec. Sec. 60.3010
additional waste through 60.3012.
management measures
and how they will be
implemented.
3. Annual Report.................... a. No later than 12 i. Company Name and Sec. Sec. 60.3050
months following the address;. and 60.3051.
submission of the
initial test report.
Subsequent reports are
to be submitted no more
than 12 months
following the previous
report
........................ ii. Statement and Sec. Sec. 60.3050
signature by the owner and 60.3051.
or operator;.
........................ iii. Date of report;... Sec. Sec. 60.3050
and 60.3051.
........................ iv. Values for the Sec. Sec. 60.3050
operation limits;. and 60.3051.
........................ v. If no deviations or Sec. Sec. 60.3050
malfunctions were and 60.3051.
reported, a statement
that no deviations
occurred during the
reporting period;.
........................ vi. Highest and lowest Sec. Sec. 60.3050
recorded 12-hour and 60.3051.
averages, as
applicable, for carbon
monoxide emissions and
highest and lowest
recorded 3-hour
averages, as
applicable, for each
operating parameter
recorded for the
calendar year being
reported;.
........................ vii. Information for Sec. Sec. 60.3050
deviations or and 60.3051.
malfunctions recorded
under Sec.
60.2949(b)(6) and (c)
through (e);.
........................ viii. If a performance Sec. Sec. 60.3050
test was conducted and 60.3051.
during the reporting
period, the results of
the test;.
........................ ix. If a performance Sec. Sec. 60.3050
test was not conducted and 60.3051.
during the reporting
period, a statement
that the requirements
of Sec. 60.2934(a)
or (b) were met; and.
........................ x. Documentation of Sec. Sec. 60.3050
periods when all and 60.3051.
qualified OSWI unit
operators were
unavailable for more
than 12 hours but less
than 2 weeks.
4. Emission limitation or operating a. By August 1 of that i. Dates and times of Sec. Sec. 60.3052
limit deviation report. year for data collected deviation;. and 60.3053.
during the first half
of the calendar year.
By February 1 of the
following year for data
collected during the
second half of the
calendar year
........................ ii. Averaged and Sec. Sec. 60.3052
recorded data for and 60.3053.
those dates;.
........................ iii. Duration and Sec. Sec. 60.3052
causes of each and 60.3053.
deviation and the
corrective actions
taken..
........................ iv. Copy of operating Sec. Sec. 60.3052
limit monitoring data and 60.3053.
and any test reports;.
........................ v. Dates, times, and Sec. Sec. 60.3052
causes for monitor and 60.3053.
downtime incidents;.
........................ vi. Whether each Sec. Sec. 60.3052
deviation occurred and 60.3053.
during a period of
startup, shutdown, or
malfunction; and.
........................ vii. Dates, times, and Sec. Sec. 60.3052
duration of any bypass and 60.3053.
of the control device.
[[Page 74924]]
5. Qualified operator deviation a. Within 10 days of i. Statement of cause Sec. 60.3054(a)(1).
notification. deviation of deviation;.
........................ ii. Description of Sec. 60.3054(a)(1).
efforts to have an
accessible qualified
operator; and.
........................ iii. The date a Sec. 60.3054(a)(1).
qualified operator
will be accessible.
6. Qualified operation deviation a. Every 4 weeks i. Description of Sec. 60.3054(a)(2).
status report. following deviation efforts to have an
accessible qualified
operator;.
........................ ii. The date a Sec. 60.3054(a)(2).
qualified operator
will be accessible;
and.
........................ iii. Request to Sec. 60.3054(a)(2).
continue operation.
7. Qualified operator deviation a. Prior to resuming i. Notification that Sec. 60.3054(b).
notification of resumed operation. operation you are resuming
operation.
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Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.
[FR Doc. 05-23716 Filed 12-15-05; 8:45 am]
BILLING CODE 6560-50-P