[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1206]

[Page 19-33]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart EEE--National Emission Standards for Hazardous Air Pollutants 
                     from Hazardous Waste Combustors
 
Sec. 63.1206  When and how must you comply with the standards and operating requirements?

    (a) Compliance dates--(1) Compliance date for existing sources. You 
must comply with the standards of this subpart no later than the 
compliance date, September 30, 2003, unless the Administrator grants you 
an extension of time under Sec. 63.6(i) or Sec. 63.1213.
    (2) New or reconstructed sources. (i) If you commenced construction 
or reconstruction of your hazardous waste combustor after April 19, 
1996, you must comply with this subpart by the later of September 30, 
1999 or the date the source starts operations, except as provided by 
paragraph (a)(2)(ii) of this section. The costs of retrofitting and 
replacement of equipment that is installed specifically to comply with 
this subpart, between April 19, 1996 and a source's compliance date, are 
not considered to be reconstruction costs.
    (ii) For a standard in this subpart that is more stringent than the 
standard proposed on April 19, 1996, you may achieve compliance no later 
than September 30, 2003 if you comply with the standard proposed on 
April 19, 1996 after September 30, 1999. This exception does not apply, 
however, to new or reconstructed area source hazardous waste combustors 
that become major sources after September 30, 1999. As provided by Sec. 
63.6(b)(7), such sources must comply with this subpart at startup.
    (3) Early compliance. If you choose to comply with the emission 
standards of this subpart prior to September 30, 2003, your compliance 
date is the date you postmark the Notification of Compliance under Sec. 
63.1207(j)(1).
    (b) Compliance with standards--(1) Applicability. The emission 
standards and operating requirements set forth in this subpart apply at 
all times except:
    (i) During periods of startup, shutdown, and malfunction; and
    (ii) When hazardous waste is not in the combustion chamber (i.e., 
the hazardous waste feed to the combustor has been cut off for a period 
of time not less than the hazardous waste residence time) and you have 
documented in the operating record that you are complying with all 
otherwise applicable requirements and standards promulgated under 
authority of sections 112 (e.g., subpart LLL of this part for cement 
kilns) or 129 of the Clean Air Act in lieu of the emission standards of 
Secs. 63.1203 through 63.1205; the monitoring and compliance standards 
of this section and Secs. 63.1207 through 63.1209, except the modes of 
operation requirements of Sec. 63.1209(q); and the notification, reporting, 
and recordkeeping requirements of Secs. 63.1210 through 63.1212.
    (2) Methods for determining compliance. The Administrator will 
determine compliance with the emission standards of this subpart as 
provided by Sec. 63.6(f)(2).

[[Page 20]]

Conducting performance testing under operating conditions representative 
of the extreme range of normal conditions is consistent with the 
requirements of Secs. 63.6(f)(2)(iii)(B) and 63.7(e)(1) to conduct 
performance testing under representative operating conditions.
    (3) Finding of compliance. The Administrator will make a finding 
concerning compliance with the emission standards and other requirements 
of this subpart as provided by Sec. 63.6(f)(3).
    (4) Extension of compliance with emission standards. The 
Administrator may grant an extension of compliance with the emission 
standards of this subpart as provided by Secs. 63.6(i) and 63.1213.
    (5) Changes in design, operation, or maintenance--(i) Changes that 
may adversely affect compliance. If you plan to change (as defined in 
paragraph (b)(5)(iii) of this section) the design, operation, or 
maintenance practices of the source in a manner that may adversely 
affect compliance with any emission standard that is not monitored with 
a CEMS:
    (A) Notification. You must notify the Administrator at least 60 days 
prior to the change, unless you document circumstances that dictate that 
such prior notice is not reasonably feasible. The notification must 
include:
    (1) A description of the changes and which emission standards may be 
affected; and
    (2) A comprehensive performance test schedule and test plan under 
the requirements of Sec. 63.1207(f) that will document compliance with the 
affected emission standard(s);
    (B) Performance test. You must conduct a comprehensive performance 
test under the requirements of Secs. 63.1207(f)(1) and (g)(1) to 
document compliance with the affected emission standard(s) and establish 
operating parameter limits as required under Sec. 63.1209, and submit to 
the Administrator a Notification of Compliance under Secs. 63.1207(j) 
and 63.1210(d); and
    (C) Restriction on waste burning. (1) Except as provided by 
paragraph (b)(5)(i)(C)(2) of this section, after the change and prior to 
submitting the notification of compliance, you must not burn hazardous 
waste for more than a total of 720 hours (renewable at the discretion of 
the Administrator) and only for the purposes of pretesting or 
comprehensive performance testing. Pretesting is defined at Sec. 
63.1207(h)(2)(i) and (ii).
    (2) You may petition the Administrator to obtain written approval to 
burn hazardous waste in the interim prior to submitting a Notification 
of Compliance for purposes other than testing or pretesting. You must 
specify operating requirements, including limits on operating 
parameters, that you determine will ensure compliance with the emission 
standards of this subpart based on available information. The 
Administrator will review, modify as necessary, and approve if warranted 
the interim operating requirements.
    (ii) Changes that will not affect compliance. If you determine that 
a change will not adversely affect compliance with the emission 
standards or operating requirements, you must document the change in the 
operating record upon making such change. You must revise as necessary 
the performance test plan, Documentation of Compliance, Notification of 
Compliance, and start-up, shutdown, and malfunction plan to reflect 
these changes.
    (iii) Definition of ``change.'' For purposes of paragraph (b)(5) of 
this section, ``change'' means any change in design, operation, or 
maintenance practices that were documented in the comprehensive 
performance test plan, Notification of Compliance, or startup, shutdown, 
and malfunction plan.
    (6) Compliance with the carbon monoxide and hydrocarbon emission 
standards. This paragraph applies to sources that elect to comply with 
the carbon monoxide and hydrocarbon emissions standards under 
Secs. 63.1203 through 63.1205 by documenting continuous compliance with 
the carbon monoxide standard using a continuous emissions monitoring 
system and documenting compliance with the hydrocarbon standard during 
the destruction and removal efficiency (DRE) performance test or its 
equivalent.
    (i) If a DRE test performed pursuant to Sec. 63.1207(c)(2) is 
acceptable as documentation of compliance with the DRE standard, you may 
use the highest hourly rolling average hydrocarbon level achieved during 
the DRE test runs to document compliance with the

[[Page 21]]

hydrocarbon standard. An acceptable DRE test is any test for which the 
data and results are determined to meet quality assurance objectives (on 
a site-specific basis) such that the results adequately demonstrate 
compliance with the DRE standard.
    (ii) If during this acceptable DRE test you did not obtain 
hydrocarbon emissions data sufficient to document compliance with the 
hydrocarbon standard, you must either:
    (A) Perform, as part of the performance test, an ``equivalent DRE 
test'' to document compliance with the hydrocarbon standard. An 
equivalent DRE test is comprised of a minimum of three runs each with a 
minimum duration of one hour during which you operate the combustor as 
close as reasonably possible to the operating parameter limits that you 
established based on the initial DRE test. You must use the highest 
hourly rolling average hydrocarbon emission level achieved during the 
equivalent DRE test to document compliance with the hydrocarbon 
standard; or
    (B) Perform a DRE test as part of the performance test.
    (7) Compliance with the DRE standard. (i) Except as provided in 
paragraphs (b)(7)(ii) and (b)(7)(iii) of this section:
    (A) You must document compliance with the Destruction and Removal 
Efficiency (DRE) standard under Secs. 63.1203 through 63.1205 only once 
provided that you do not modify the source after the DRE test in a 
manner that could affect the ability of the source to achieve the DRE 
standard.
    (B) You may use any DRE test data that documents that your source 
achieves the required level of DRE provided:
    (1) You have not modified the design or operation of your source in 
a manner that could effect the ability of your source to achieve the DRE 
standard since the DRE test was performed; and,
    (2) The DRE test data meet quality assurance objectives determined 
on a site-specific basis.
    (ii) Sources that feed hazardous waste at a location in the 
combustion system other than the normal flame zone must demonstrate 
compliance with the DRE standard during each comprehensive performance 
test;
    (iii) For sources that do not use DRE previous testing to document 
conformance with the DRE standard pursuant to Sec. 63.1207(c)(2), you must 
perform DRE testing during the initial comprehensive performance test.
    (8) Applicability of particulate matter and opacity standards during 
particulate matter CEMS correlation tests. (i) Any particulate matter 
and opacity standards of parts 60, 61, 63, 264, 265, and 266 of this 
chapter (i.e., any title 40 particulate or opacity standards) applicable 
to a hazardous waste combustor do not apply while you conduct 
particulate matter continuous emissions monitoring system (CEMS) 
correlation tests (i.e., correlation with manual stack methods) under 
the conditions of paragraphs (b)(8)(iii) through (vii) of this section.
    (ii) Any permit or other emissions or operating parameter limits or 
conditions, including any limitation on workplace practices, that are 
applicable to hazardous waste combustors to ensure compliance with any 
particulate matter and opacity standards of parts 60, 61, 63, 264, 265, 
and 266 of this chapter (i.e., any title 40 particulate or opacity 
standards) do not apply while you conduct particulate matter CEMS 
correlation tests under the conditions of paragraphs (b)(8)(iii) through 
(vii) of this section.
    (iii) For the provisions of this section to apply, you must:
    (A) Develop a particulate matter CEMS correlation test plan that 
includes the following information. This test plan may be included as 
part of the comprehensive performance test plan required under 
Secs. 63.1207(e) and (f):
    (1) Number of test conditions and number of runs for each test 
condition;
    (2) Target particulate matter emission level for each test 
condition;
    (3) How you plan to modify operations to attain the desired 
particulate matter emission levels; and
    (4) Anticipated normal particulate matter emission levels; and
    (B) Submit the test plan to the Administrator for approval at least 
90 calendar days before the correlation test is scheduled to be 
conducted.
    (iv) The Administrator will review and approve/disapprove the 
correlation

[[Page 22]]

test plan under the procedures for review and approval of the site-
specific test plan provided by Sec. 63.7(c)(3)(i) and (iii). If the 
Administrator fails to approve or disapprove the correlation test plan 
within the time period specified by Sec. 63.7(c)(3)(i), the plan is 
considered approved, unless the Administrator has requested additional 
information.
    (v) The particulate matter and opacity standards and associated 
operating limits and conditions will not be waived for more than 96 
hours, in the aggregate, for a correlation test, including all runs of 
all test conditions, unless more time is approved by the Administrator.
    (vi) The stack sampling team must be on-site and prepared to perform 
correlation testing no later than 24 hours after you modify operations 
to attain the desired particulate matter emissions concentrations, 
unless you document in the correlation test plan that a longer period of 
conditioning is appropriate.
    (vii) You must return to operating conditions indicative of 
compliance with the applicable particulate matter and opacity standards 
as soon as possible after correlation testing is completed.
    (9) Alternative standards for existing or new hazardous waste 
burning lightweight aggregate kilns using MACT. (i) You may petition the 
Administrator to recommend alternative semivolatile metal, low volatile 
metal, mercury, or hydrochloric acid/chlorine gas emission standards if:
    (A) You cannot achieve one or more of these standards while using 
maximum achievable control technology (MACT) because of the raw material 
contribution to emissions of the regulated metals or hydrochloric acid/
chlorine gas; or
    (B) You determine that mercury is not present at detectable levels 
in your raw material.
    (ii) The alternative standard that you recommend under paragraph 
(b)(9)(i)(A) of this section may be an operating requirement, such as a 
hazardous waste feedrate limitation for metals and/or chlorine, and/or 
an emission limitation.
    (iii) The alternative standard must include a requirement to use 
MACT, or better, applicable to the standard for which the source is 
seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this 
section.
    (iv) Documentation required. (A) The alternative standard petition 
you submit under paragraph (b)(9)(i)(A) of this section must include 
data or information documenting that raw material contributions to 
emissions of the regulated metals or hydrochloric acid/chlorine gas 
prevent you from complying with the emission standard even though the 
source is using MACT, as defined in paragraphs (b)(9)(viii) and (ix) of 
this section, for the standard for which you are seeking relief.
    (B) Alternative standard petitions that you submit under paragraph 
(b)(9)(i)(B) of this section must include data or information 
documenting that mercury is not present at detectable levels in raw 
materials.
    (v) You must include data or information with semivolatile metal and 
low volatility metal alternative standard petitions that you submit 
under paragraph (b)(9)(i)(A) of this section documenting that increased 
chlorine feedrates associated with the burning of hazardous waste, when 
compared to non-hazardous waste operations, do not significantly 
increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metal, 
low volatile metal, and hydrochloric acid/chlorine gas alternative 
standard petitions that you submit under paragraph (b)(9)(i)(A) of this 
section documenting that semivolatile metal, low volatile metal, and 
hydrochloric acid/chlorine gas emissions attributable to the hazardous 
waste only will not exceed the emission standards in Sec. 63.1205(a) and 
(b).
    (vii) You must not operate pursuant to your recommended alternative 
standards in lieu of emission standards specified in Sec. 63.1205(a) and 
(b):
    (A) Unless the Administrator approves the provisions of the 
alternative standard petition request or establishes other alternative 
standards; and
    (B) Until you submit a revised Notification of Compliance that 
incorporates the revised standards.

[[Page 23]]

    (viii) For purposes of this alternative standard provision, MACT for 
existing hazardous waste burning lightweight aggregate kilns is defined 
as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 24[mu]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 280,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 120,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less; and
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 2,000,000 [mu]g/dscm or less, and 
use of an air pollution control device with a hydrochloric acid/chlorine 
gas removal efficiency of 85 percent or greater.
    (ix) For purposes of this alternative standard provision, MACT for 
new hazardous waste burning lightweight aggregate kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 4 [mu]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 280,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 46,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 57 mg/dscm or less;
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 14,000,000 [mu]g/dscm or less, and 
use of a wet scrubber with a hydrochloric acid/chlorine gas removal 
efficiency of 99.6 percent or greater.
    (10) Alternative standards for existing or new hazardous waste 
burning cement kilns using MACT. (i) You may petition the Administrator 
to recommend alternative semivolatile, low volatile metal, mercury, and/
or hydrochloric acid/chlorine gas emission standards if:
    (A) You cannot achieve one or more of these standards while using 
maximum achievable control technology (MACT) because of raw material 
contributions to emissions of the regulated metals or hydrochloric acid/
chlorine gas; or (B) You determine that mercury is not present at 
detectable levels in your raw material.
    (ii) The alternative standard that you recommend under paragraph 
(b)(10)(i)(A) of this section may be an operating requirement, such as a 
hazardous waste feedrate limitation for metals and/or chlorine, and/or 
an emission limitation.
    (iii) The alternative standard must include a requirement to use 
MACT, or better, applicable to the standard for which the source is 
seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this 
section.
    (iv) Documentation required. (A) The alternative standard petition 
you submit under paragraph (b)(10)(i)(A) of this section must include 
data or information documenting that raw material contributions to 
emissions prevent you from complying with the emission standard even 
though the source is using MACT, as defined in paragraphs (b)(10)(viii) 
and (ix) of this section, for the standard for which you are seeking 
relief.
    (B) Alternative standard petitions that you submit under paragraph 
(b)(10)(i)(B) of this section must include data or information 
documenting that mercury is not present at detectable levels in raw 
materials.
    (v) You must include data or information with semivolatile metal and 
low volatile metal alternative standard petitions that you submit under 
paragraph (b)(10)(i)(A) of this section documenting that increased 
chlorine feedrates associated with the burning of hazardous waste, when 
compared to non-hazardous waste operations, do not significantly 
increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metal, 
low volatile metal, and hydrochloric acid/chlorine gas alternative 
standard petitions that you submit under paragraph (b)(10)(i)(A) of this 
section documenting that emissions of the regulated metals and 
hydrochloric acid/

[[Page 24]]

chlorine gas attributable to the hazardous waste only will not exceed 
the emission standards in Sec. 63.1204(a) and (b).
    (vii) You must not operate pursuant to your recommended alternative 
standards in lieu of emission standards specified in Sec. 63.1204(a) and 
(b):
    (A) Unless the Administrator approves the provisions of the 
alternative standard petition request or establishes other alternative 
standards; and
    (B) Until you submit a revised Notification of Compliance that 
incorporates the revised standards.
    (viii) For purposes of this alternative standard provision, MACT for 
existing hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 88[mu]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 31,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 54,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less; and
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 720,000 [mu]g/dscm or less.
    (ix) For purposes of this alternative standard provision, MACT for 
new hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an MTEC 
of 7 [mu]g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 31,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate 
corresponding to an MTEC of 15,000 [mu]g/dscm or less, and use of a 
particulate matter control device that achieves particulate matter 
emissions of 0.15 kg/Mg dry feed or less;
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine 
feedrate corresponding to an MTEC of 420,000 [mu]g/dscm or less.
    (11) Calculation of hazardous waste residence time. You must 
calculate the hazardous waste residence time and include the calculation 
in the performance test plan under Sec. 63.1207(f) and the operating 
record. You must also provide the hazardous waste residence time in the 
Documentation of Compliance under Sec. 63.1211(c) and the Notification of 
Compliance under Secs. 63.1207(j) and 63.1210(b).
    (12) Documenting compliance with the standards based on performance 
testing. (i) You must conduct a minimum of three runs of a performance 
test required under Sec. 63.1207 to document compliance with the emission 
standards of this subpart.
    (ii) You must document compliance with the emission standards based 
on the arithmetic average of the emission results of each run, except 
that you must document compliance with the destruction and removal 
efficiency standard for each run of the comprehensive performance test 
individually.
    (13) Cement kilns and lightweight aggregate kilns that feed 
hazardous waste at a location other than the end where products are 
normally discharged and where fuels are normally fired.
    (i) Cement kilns that feed hazardous waste at a location other than 
the end where products are normally discharged and where fuels are 
normally fired must comply with the carbon monoxide and hydrocarbon 
standards of Sec. 63.1204 as follows:
    (A) For existing sources, you must not discharge or cause combustion 
gases to be emitted into the atmosphere that contain either:
    (1) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (2) Hydrocarbons both in the by-pass duct and at a preheater tower 
combustion gas monitoring location in excess of 10 parts per million by 
volume, at each location, over an hourly rolling

[[Page 25]]

average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane; or
    (3) If the only firing location of hazardous waste upstream (in 
terms of gas flow) of the point where combustion gases are diverted into 
the bypass duct is at the kiln end where products are normally 
discharged, then both hydrocarbons at the preheater tower combustion gas 
monitoring location in excess of 10 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane, and either hydrocarbons in the by-pass duct in 
excess of 10 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis, corrected to 7 percent oxygen, and reported as propane, or 
carbon monoxide in excess of 100 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, and corrected to 7 percent 
oxygen. If you comply with the carbon monoxide standard of 100 parts per 
million by volume in the by-pass duct, then you must also not discharge 
or cause combustion gases to be emitted into the atmosphere that contain 
hydrocarbons in the by-pass duct in excess of 10 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane, at any time during the 
destruction and removal efficiency (DRE) test runs or their equivalent 
as provided by Sec. 63.1206(b)(7).
    (B) For new sources, you must not discharge or cause combustion 
gases to be emitted into the atmosphere that contain either:
    (1) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (2)(i) Hydrocarbons both in the by-pass duct and at a preheater 
tower combustion gas monitoring location in excess of 10 parts per 
million by volume, at each location, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis, corrected to 7 percent oxygen, and reported as propane, and
    (ii) Hydrocarbons in the main stack, if construction of the kiln 
commenced after April 19, 1996 at a plant site where a cement kiln 
(whether burning hazardous waste or not) did not previously exist, to 50 
parts per million by volume, over a 30-day block average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (3)(i) If the only firing location of hazardous waste upstream (in 
terms of gas flow) of the point where combustion gases are diverted into 
the bypass duct is at the kiln end where products are normally 
discharged, then both hydrocarbons at the preheater tower combustion gas 
monitoring location in excess of 10 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane, and either hydrocarbons in the by-pass duct in 
excess of 10 parts per million by volume, over an hourly rolling average 
(monitored continuously with a continuous emissions monitoring system), 
dry basis, corrected to 7 percent oxygen, and reported as propane, or 
carbon monoxide in excess of 100 parts per million by volume, over an 
hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, and corrected to 7 percent 
oxygen. If you comply with the carbon monoxide standard of 100 parts per 
million by volume in the by-pass duct, then you must also not discharge 
or cause combustion gases to be emitted into the atmosphere that contain 
hydrocarbons in the by-pass duct in excess of 10 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane, at any time

[[Page 26]]

during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec. 63.1206(b)(7).
    (ii) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous emissions monitoring system), dry basis, corrected to 
7 percent oxygen, and reported as propane.
    (ii) Lightweight aggregate kilns that feed hazardous waste at a 
location other than the end where products are normally discharged and 
where fuels are normally fired must comply with the hydrocarbon 
standards of Sec. 63.1205 as follows:
    (A) Existing sources must comply with the 20 parts per million by 
volume hydrocarbon standard under Sec. 63.1205(a)(5)(ii);
    (B) New sources must comply with the 20 parts per million by volume 
hydrocarbon standard under Sec. 63.1205(b)(5)(ii).
    (14) Alternative to the particulate matter standard for 
incinerators. (i) General. In lieu of complying with the applicable 
particulate matter standard of Sec. 63.1203(a)(7) or (b)(7), existing and 
new incinerators may elect to instead comply with the alternative metal 
emission control requirements described in paragraph (b)(14)(ii) or 
(b)(14)(iii) of this section, respectively.
    (ii) Alternative metal emission control requirements for existing 
incinerators. (A) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain lead, cadmium, and selenium in 
excess of 240 [mu]g/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain arsenic, beryllium, chromium, antimony, 
cobalt, manganese, and nickel in excess of 97 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen; and,
    (C) You must comply with the provisions specified in paragraph 
(b)(14)(iv) of this section.
    (iii) Alternative metal emission control requirements for new 
incinerators. (A) You must not discharge or cause combustion gases to be 
emitted into the atmosphere that contain lead, cadmium, and selenium in 
excess of 24 [mu]g/dscm, combined emissions, corrected to 7 percent 
oxygen; and,
    (B) You must not discharge or cause combustion gases to be emitted 
into the atmosphere that contain arsenic, beryllium, chromium, antimony, 
cobalt, manganese, and nickel in excess of 97 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen; and,
    (C) You must comply with the provisions specified in paragraph 
(b)(14)(iv) of this section.
    (iv) Other requirements. Existing and new incinerators must document 
in the operating record that they meet the requirements of paragraph 
(b)(14)(iv)(A) through (C) of this section.
    (A) The twelve-hour rolling average of the maximum theoretical 
emissions concentration for lead, cadmium, and selenium, combined, for 
the combined hazardous waste feedstreams to the incinerator, must not 
exceed:
    (1) For existing incinerators, 1,325 [mu]g/dscm.
    (2) For new incinerators, 875 [mu]g/dscm.
    (B) The twelve-hour rolling average of the maximum theoretical 
emissions concentration for arsenic, beryllium, chromium, antimony, 
cobalt, manganese, and nickel, combined, for the combined hazardous 
waste feedstreams to the incinerator, must not exceed:
    (1) For existing incinerators, 6,000 [mu]g/dscm.
    (2) For new incinerators, 3250 [mu]g/dscm.
    (C) You must document that your air pollution control system 
achieves at least a 90 percent system removal efficiency for 
semivolatile metals. In making this demonstration, you may spike 
semivolatile metals above the applicable levels of paragraph 
(b)(14)(iv)(A) or (B) of this section provided that the applicable 
alternative emission limitation of paragraph (b)(14)(ii)(A) or (iii)(A) 
of this section is attained during the test. This test may be performed 
independently of the comprehensive performance test and must be used to 
establish applicable operating parameter limits as described in Sec. 
63.1209(n), not including Sec. 63.1209(n)(2), to ensure that a 90 percent 
semivolatile

[[Page 27]]

metal system removal efficiency is achieved during normal operations.
    (v) Operating limits. (A) Semivolatile and low volatile metal 
operating parameter limits must be established to ensure compliance with 
the alternative emission limitations described in paragraphs (b)(14)(ii) 
and (iii) of this section pursuant to Sec. 63.1209(n), except that 
semivolatile metal feedrate limits would apply to lead, cadmium, and 
selenium, combined, and low volatile metal feedrate limits would apply 
to arsenic, beryllium, chromium, antimony, cobalt, manganese, and 
nickel, combined.
    (B) Twelve-hour rolling average hazardous waste metal feedrate 
limits required pursuant to paragraphs (b)(14)(iv)(A) and (B) of this 
section are based on the combined hazardous waste feedstreams to the 
incinerator and may be expressed either as an maximum theoretical 
emission concentration limit or as a restriction on maximum hazardous 
waste metals mass feedrate and minimum gas flow rate.
    (C) For purposes of complying with the twelve-hour rolling average 
hazardous waste metal feedrate limits of paragraphs (b)(14)(iv)(A) and 
(B) of this section, non-detectable metal constituents in each hazardous 
waste feed must be assumed to be present at one-half the detection 
limit.
    (15) Alternative to the interim standards for mercury for cement and 
lightweight aggregate kilns. (i) General. In lieu of complying with the 
applicable mercury standards of Secs. 63.1204(a)(2) and (b)(2) for 
existing and new cement kilns and Secs. 63.1205(a)(2) and (b)(2) for 
existing and new lightweight aggregate kilns, you may instead elect to 
comply with the alternative mercury standard described in paragraphs 
(b)(15)(ii) through (b)(15)(v) of this section.
    (ii) Operating requirement. You must not exceed a hazardous waste 
feedrate corresponding to a maximum theoretical emission concentration 
(MTEC) of 120 [mgr]g/dscm on a twelve-hour rolling average.
    (iii) To document compliance with the operating requirement of 
paragraph (b)(15)(ii) of this section, you must:
    (A) Monitor and record the feedrate of mercury for each hazardous 
waste feedstream according to Sec. 63.1209(c);
    (B) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (C) Continuously calculate and record in the operating record a MTEC 
assuming mercury from all hazardous waste feedstreams is emitted;
    (D) Interlock the MTEC calculated in paragraph (b)(15)(iii)(C) of 
this section to the AWFCO system to stop hazardous waste burning when 
the MTEC exceeds the operating requirement of paragraph (b)(15)(ii) of 
this section.
    (iv) In lieu of the requirement in paragraph (b)(15)(iii) of this 
section, you may:
    (A) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (b)(15)(iii)(C) of this section is below the operating 
requirement of paragraph (b)(15)(ii) of this section; and
    (B) Interlock the minimum gas flowrate limit and maximum feedrate 
limits in paragraph (b)(15)(iv)(A) of this section to the AWFCO system 
to stop hazardous waste burning when the gas flowrate or mercury 
feedrate exceeds the limits in paragraph (b)(15)(iv)(A) of this section.
    (v) Notification requirement. You must notify in writing the RCRA 
authority that you intend to comply with the alternative standard.
    (c) Operating requirements--(1) General. (i) You must operate only 
under the operating requirements specified in the Documentation of 
Compliance under Sec. 63.1211(c) or the Notification of Compliance under 
Secs. 63.1207(j) and 63.1210(b), except:
    (A) During performance tests under approved test plans according to 
Sec. 63.1207(e), (f), and (g), and
    (B) Under the conditions of paragraph (b)(1)(i) or (ii) of this 
section;
    (ii) The Documentation of Compliance and the Notification of 
Compliance must contain operating requirements including, but not 
limited to,

[[Page 28]]

the operating requirements in this section and Sec. 63.1209
    (iii) Failure to comply with the operating requirements is failure 
to ensure compliance with the emission standards of this subpart;
    (iv) Operating requirements in the Notification of Compliance are 
applicable requirements for purposes of parts 70 and 71 of this chapter;
    (v) The operating requirements specified in the Notification of 
Compliance will be incorporated in the title V permit.
    (2) Startup, shutdown, and malfunction plan. (i) You are subject to 
the startup, shutdown, and malfunction plan requirements of Sec. 
63.6(e)(3).
    (ii) If you elect to comply with Secs. 270.235(a)(1)(iii), 
270.235(a)(2)(iii), or 270.235(b)(1)(ii) of this chapter to address RCRA 
concerns that you minimize emissions of toxic compounds from startup, 
shutdown, and malfunction events (including releases from emergency 
safety vents):
    (A) The startup, shutdown, and malfunction plan must include a 
description of potential causes of malfunctions, including releases from 
emergency safety vents, that may result in significant releases of 
hazardous air pollutants, and actions the source is taking to minimize 
the frequency and severity of those malfunctions.
    (B) You must submit the startup, shutdown, and malfunction plan to 
the Administrator for review and approval.
    (1) Approval procedure. The Administrator will notify you of 
approval or intention to deny approval of the startup, shutdown, and 
malfunction plan within 90 calendar days after receipt of the original 
request and within 60 calendar days after receipt of any supplemental 
information that you submit. Before disapproving the plan, the 
Administrator will notify you of the Administrator's intention to 
disapprove the plan together with:
    (i) Notice of the information and findings on which intended 
disapproval is based; and
    (ii) Notice of opportunity for you to present additional information 
to the Administrator before final action on disapproval of the plan. At 
the time the Administrator notifies you of intention to disapprove the 
plan, the Administrator will specify how much time you will have after 
being notified on the intended disapproval to submit additional 
information.
    (2) Responsibility of owners and operators. You are responsible for 
ensuring that you submit any supplementary and additional information 
supporting your plan in a timely manner to enable the Administrator to 
consider whether to approve the plan. Neither your submittal of the 
plan, nor the Administrator's failure to approve or disapprove the plan, 
relieves you of the responsibility to comply with the provisions of this 
subpart.
    (C) Changes to the plan that may significantly increase emissions. 
(1) You must request approval in writing from the Administrator within 5 
days after making a change to the startup, shutdown, and malfunction 
plan that may significantly increase emissions of hazardous air 
pollutants.
    (2) To request approval of such changes to the startup, shutdown, 
and malfunction plan, you must follow the procedures provided by 
paragraph (c)(2)(ii)(B) of this section for initial approval of the 
plan.
    (iii) You must identify in the plan a projected oxygen correction 
factor based on normal operations to use during periods of startup and 
shutdown.
    (iv) You must record the plan in the operating record.
    (v) Operating under the startup, shutdown, and malfunction plan. (A) 
Compliance with AWFCO requirements during malfunctions. (1) During 
malfunctions, the automatic waste feed cutoff requirements of Sec. 
63.1206(c)(3) continue to apply, except for paragraphs (c)(3)(v) and 
(c)(3)(vi) of this section. If you exceed a part 63, Subpart EEE, of 
this chapter emission standard monitored by a CEMS or COMs or operating 
limit specified under Sec. 63.1209, the automatic waste feed cutoff system 
must immediately and automatically cutoff the hazardous waste feed, 
except as provided by paragraph (c)(3)(viii) of this section. If the 
malfunction itself prevents immediate and automatic cutoff of the 
hazardous waste feed, however, you must cease feeding hazardous waste as 
quickly as possible.
    (2) Although the automatic waste feed cutoff requirements continue 
to

[[Page 29]]

apply during a malfunction, an exceedance of an emission standard 
monitored by a CEMS or COMS or operating limit specified under Sec. 63.1209 
is not a violation of this subpart if you take the corrective measures 
prescribed in the startup, shutdown, and malfunction plan.
    (3) Excessive exceedances during malfunctions. For each set of 10 
exceedances of an emission standard or operating requirement while 
hazardous waste remains in the combustion chamber (i.e., when the 
hazardous waste residence time has not transpired since the hazardous 
waste feed was cutoff) during a 60-day block period, you must:
    (i) Within 45 days of the 10th exceedance, complete an investigation 
of the cause of each exceedance and evaluation of approaches to minimize 
the frequency, duration, and severity of each exceedance, and revise the 
startup, shutdown, and malfunction plan as warranted by the evaluation 
to minimize the frequency, duration, and severity of each exceedance; 
and
    (ii) Record the results of the investigation and evaluation in the 
operating record, and include a summary of the investigation and 
evaluation, and any changes to the startup, shutdown, and malfunction 
plan, in the excess emissions report required under Sec. 63.10(e)(3).
    (B) Compliance with AWFCO requirements when burning hazardous waste 
during startup and shutdown. (1) If you feed hazardous waste during 
startup or shutdown, you must include waste feed restrictions (e.g., 
type and quantity), and other appropriate operating conditions and 
limits in the startup, shutdown, and malfunction plan.
    (2) You must interlock the operating limits you establish under 
paragraph (c)(2)(v)(B)(1) of this section with the automatic waste feed 
cutoff system required under Sec. 63.1206(c)(3), except for paragraphs 
(c)(3)(v) and (c)(3)(vi) of this section.
    (3) When feeding hazardous waste during startup or shutdown, the 
automatic waste feed cutoff system must immediately and automatically 
cutoff the hazardous waste feed if you exceed the operating limits you 
establish under paragraph (c)(2)(v)(B)(1) of this section, except as 
provided by paragraph (c)(3)(viii) of this section.
    (4) Although the automatic waste feed cutoff requirements of this 
paragraph apply during startup and shutdown, an exceedance of an 
emission standard or operating limit is not a violation of this subpart 
if you comply with the operating procedures prescribed in the startup, 
shutdown, and malfunction plan.
    (3) Automatic waste feed cutoff (AWFCO)--(i) General. Upon the 
compliance date, you must operate the hazardous waste combustor with a 
functioning system that immediately and automatically cuts off the 
hazardous waste feed, except as provided by paragraph (c)(3)(viii) of 
this section:
    (A) When any of the following are exceeded: Operating parameter 
limits specified under Sec. 63.1209; an emission standard monitored by a 
CEMS; and the allowable combustion chamber pressure;
    (B) When the span value of any CMS detector, except a CEMS, is met 
or exceeded;
    (C) Upon malfunction of a CMS monitoring an operating parameter 
limit specified under Sec. 63.1209 or an emission level; or
    (D) When any component of the automatic waste feed cutoff system 
fails.
    (ii) Ducting of combustion gases. During an AWFCO, you must continue 
to duct combustion gasses to the air pollution control system while 
hazardous waste remains in the combustion chamber (i.e., if the 
hazardous waste residence time has not transpired since the hazardous 
waste feed cutoff system was activated).
    (iii) Restarting waste feed. You must continue to monitor during the 
cutoff the operating parameters for which limits are established under Sec. 
63.1209 and the emissions required under that section to be monitored by 
a CEMS, and you must not restart the hazardous waste feed until the 
operating parameters and emission levels are within the specified 
limits.
    (iv) Failure of the AWFCO system. If the AWFCO system fails to 
automatically and immediately cutoff the flow of hazardous waste upon 
exceedance of parameter required to be interlocked

[[Page 30]]

with the AWFCO system under paragraph (c)(3)(i) of this section, you 
have failed to comply with the AWFCO requirements of paragraph (c)(3) of 
this section.
    (v) Corrective measures. If, after any AWFCO, there is an exceedance 
of an emission standard or operating requirement, irrespective of 
whether the exceedance occurred while hazardous waste remained in the 
combustion chamber (i.e., whether the hazardous waste residence time has 
transpired since the hazardous waste feed cutoff system was activated), 
you must investigate the cause of the AWFCO, take appropriate corrective 
measures to minimize future AWFCOs, and record the findings and 
corrective measures in the operating record.
    (vi) Excessive exceedance reporting. (A) For each set of 10 
exceedances of an emission standard or operating requirement while 
hazardous waste remains in the combustion chamber (i.e., when the 
hazardous waste residence time has not transpired since the hazardous 
waste feed was cutoff) during a 60-day block period, you must submit to 
the Administrator a written report within 5 calendar days of the 10th 
exceedance documenting the exceedances and results of the investigation 
and corrective measures taken.
    (B) On a case-by-case basis, the Administrator may require excessive 
exceedance reporting when fewer than 10 exceedances occur during a 60-
day block period.
    (vii) Testing. The AWFCO system and associated alarms must be tested 
at least weekly to verify operability, unless you document in the 
operating record that weekly inspections will unduly restrict or upset 
operations and that less frequent inspection will be adequate. At a 
minimum, you must conduct operability testing at least monthly. You must 
document and record in the operating record AWFCO operability test 
procedures and results.
    (viii) Ramping down waste feed. (A) You may ramp down the waste 
feedrate of pumpable hazardous waste over a period not to exceed one 
minute, except as provided by paragraph (c)(3)(viii)(B) of this section. 
If you elect to ramp down the waste feed, you must document ramp down 
procedures in the operating and maintenance plan. The procedures must 
specify that the ramp down begins immediately upon initiation of 
automatic waste feed cutoff and the procedures must prescribe a bona 
fide ramping down. If an emission standard or operating limit is 
exceeded during the ramp down, you have failed to comply with the 
emission standards or operating requirements of this subpart.
    (B) If the automatic waste feed cutoff is triggered by an exceedance 
of any of the following operating limits, you may not ramp down the 
waste feed cutoff: Minimum combustion chamber temperature, maximum 
hazardous waste feedrate, or any hazardous waste firing system operating 
limits that may be established for your combustor.
    (4) ESV openings--(i) Failure to meet standards. If an emergency 
safety vent (ESV) opens when hazardous waste remains in the combustion 
chamber (i.e., when the hazardous waste residence time has not expired) 
during an event other than a malfunction as defined in the startup, 
shutdown, and malfunction plan such that combustion gases are not 
treated as during the most recent comprehensive performance test (e.g., 
if the combustion gas by-passes any emission control device that was 
operating during the performance test), you must document in the 
operating record whether you remain in compliance with the emission 
standards of this subpart considering emissions during the ESV opening 
event.
    (ii) ESV operating plan. (A) You must develop an ESV operating plan, 
comply with the operating plan, and keep the plan in the operating 
record.
    (B) The ESV operating plan must provide detailed procedures for 
rapidly stopping the waste feed, shutting down the combustor, and 
maintaining temperature and negative pressure in the combustion chamber 
during the hazardous waste residence time, if feasible. The plan must 
include calculations and information and data documenting the 
effectiveness of the plan's procedures for ensuring that combustion 
chamber temperature and negative pressure are maintained as is 
reasonably feasible.
    (iii) Corrective measures. After any ESV opening that results in a 
failure

[[Page 31]]

to meet the emission standards as defined in paragraph (c)(4)(i) of this 
section, you must investigate the cause of the ESV opening, take 
appropriate corrective measures to minimize such future ESV openings, 
and record the findings and corrective measures in the operating record.
    (iv) Reporting requirements. You must submit to the Administrator a 
written report within 5 days of an ESV opening that results in failure 
to meet the emission standards of this subpart (as determined in 
paragraph (c)(4)(i) of this section) documenting the result of the 
investigation and corrective measures taken.
    (5) Combustion system leaks. (i) Combustion system leaks of 
hazardous air pollutants must be controlled by:
    (A) Keeping the combustion zone sealed to prevent combustion system 
leaks; or
    (B) Maintaining the maximum combustion zone pressure lower than 
ambient pressure using an instantaneous monitor; or
    (C) Upon prior written approval of the Administrator, an alternative 
means of control to provide control of combustion system leaks 
equivalent to maintenance of combustion zone pressure lower than ambient 
pressure; or
    (D) Upon prior written approval of the Administrator, other 
technique(s) which can be demonstrated to prevent fugitive emissions 
without use of instantaneous pressure limits; and
    (ii) You must specify in the performance test workplan and 
Notification of Compliance the method that will be used to control 
combustion system leaks. If you control combustion system leaks by 
maintaining the combustion zone pressure lower than ambient pressure 
using an instantaneous monitor, you must also specify in the performance 
test workplan and Notification of Compliance the monitoring and 
recording frequency of the pressure monitor, and specify how the 
monitoring approach will be integrated into the automatic waste feed 
cutoff system.
    (6) Operator training and certification. (i) You must establish 
training programs for all categories of personnel whose activities may 
reasonably be expected to directly affect emissions of hazardous air 
pollutants from the source. Such persons include, but are not limited 
to, chief facility operators, control room operators, continuous 
monitoring system operators, persons that sample and analyze 
feedstreams, persons that manage and charge feedstreams to the 
combustor, persons that operate emission control devices, and ash and 
waste handlers. Each training program shall be of a technical level 
commensurate with the person's job duties specified in the training 
manual. Each commensurate training program shall require an examination 
to be administered by the instructor at the end of the training course. 
Passing of this test shall be deemed the ``certification'' for 
personnel, except that, for control room operators, the training and 
certification program shall be as specified in paragraphs (c)(6)(iii) 
through (c)(6)(vi) of this section.
    (ii) You must ensure that the source is operated and maintained at 
all times by persons who are trained and certified to perform these and 
any other duties that may affect emissions of hazardous air pollutants. 
A certified control room operator must be on duty at the site at all 
times the source is in operation.
    (iii) Hazardous waste incinerator control room operators must:
    (A) Be trained and certified under a site-specific, source-developed 
and implemented program that meets the requirements of paragraph 
(c)(6)(v) of this section; or
    (B) Be trained under the requirements of, and certified under, the 
American Society of Mechanical Engineers Standard Number QHO-1-1994 and 
QHO-1a-1996 Addenda (incorporated by reference--see Sec. 63.14(e)). If you 
choose to use the ASME program:
    (1) Control room operators must, prior to the compliance date, 
achieve provisional certification, and must submit an application to 
ASME and be scheduled for the full certification exam. Within one year 
of the compliance date, control room operators must achieve full 
certification;
    (2) New operators and operators of new sources must, before assuming

[[Page 32]]

their duties, achieve provisional certification, and must submit an 
application to ASME, and be scheduled for the full certification exam. 
Within one year of assuming their duties, these operators must achieve 
full certification; or
    (C) Be trained and certified under a State program.
    (iv) Cement kiln and lightweight aggregate kiln control room 
operators must be trained and certified under:
    (A) A site-specific, source-developed and implemented program that 
meets the requirements of paragraph (c)(6)(v) of this section; or
    (B) A State program.
    (v) Site-specific, source developed and implemented training 
programs for control room operators must include the following elements:
    (A) Training on the following subjects:
    (1) Environmental concerns, including types of emissions;
    (2) Basic combustion principles, including products of combustion;
    (3) Operation of the specific type of combustor used by the 
operator, including proper startup, waste firing, and shutdown 
procedures;
    (4) Combustion controls and continuous monitoring systems;
    (5) Operation of air pollution control equipment and factors 
affecting performance;
    (6) Inspection and maintenance of the combustor, continuous 
monitoring systems, and air pollution control devices;
    (7) Actions to correct malfunctions or conditions that may lead to 
malfunction;
    (8) Residue characteristics and handling procedures; and
    (9) Applicable Federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards; and
    (B) An examination designed and administered by the instructor; and
    (C) Written material covering the training course topics that may 
serve as reference material following completion of the course.
    (vi) To maintain control room operator qualification under a site-
specific, source developed and implemented training program as provided 
by paragraph (c)(6)(v) of this section, control room operators must 
complete an annual review or refresher course covering, at a minimum, 
the following topics:
    (A) Update of regulations;
    (B) Combustor operation, including startup and shutdown procedures, 
waste firing, and residue handling;
    (C) Inspection and maintenance;
    (D) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (E) Operating problems encountered by the operator.
    (vii) You must record the operator training and certification 
program in the operating record.
    (7) Operation and maintenance plan--(i) General. (A) You must 
prepare and at all times operate according to an operation and 
maintenance plan that describes in detail procedures for operation, 
inspection, maintenance, and corrective measures for all components of 
the combustor, including associated pollution control equipment, that 
could affect emissions of regulated hazardous air pollutants.
    (B) The plan must prescribe how you will operate and maintain the 
combustor in a manner consistent with good air pollution control 
practices for minimizing emissions at least to the levels achieved 
during the comprehensive performance test.
    (C) This plan ensures compliance with the operation and maintenance 
requirements of Sec. 63.6(e) and minimizes emissions of pollutants, 
automatic waste feed cutoffs, and malfunctions.
    (D) You must record the plan in the operating record.
    (ii) Bag leak detection system requirements for baghouses at 
lightweight aggregate kilns and incinerators. If you own or operate a 
hazardous waste incinerator or hazardous waste burning lightweight 
aggregate kiln equipped with a baghouse (fabric filter), you must 
continuously operate a bag leak detection system that meets the 
specifications and requirements of paragraph (c)(7)(ii)(A) of this 
section and you must comply with the corrective measures requirements of 
paragraph (c)(7)(ii)(B) of this section:
    (A) Bag leak detection system specification and requirements. (1) 
The bag leak detection system must be certified by

[[Page 33]]

the manufacturer to be capable of continuously detecting and recording 
particulate matter emissions at concentrations of 1.0 milligrams per 
actual cubic meter unless you demonstrate, pursuant to procedures in Sec. 
63.1209(a)(1), that a higher sensitivity would adequately detect bag 
leaks;
    (2) The bag leak detection system shall provide output of relative 
particulate matter loadings;
    (3) The bag leak detection system shall be equipped with an alarm 
system that will sound an audible alarm when an increase in relative 
particulate loadings is detected over a preset level;
    (4) The bag leak detection system shall be installed and operated in 
a manner consistent with available written guidance from the U.S. 
Environmental Protection Agency or, in the absence of such written 
guidance, the manufacturer's written specifications and recommendations 
for installation, operation, and adjustment of the system;
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time;
    (6) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm delay 
time, except as detailed in the operation and maintenance plan required 
under paragraph (c)(7)(i) of this section. You must not increase the 
sensitivity by more than 100 percent or decrease the sensitivity by more 
than 50 percent over a 365 day period unless such adjustment follows a 
complete baghouse inspection which demonstrates the baghouse is in good 
operating condition;
    (7) For negative pressure or induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector shall be installed downstream of the 
baghouse and upstream of any wet acid gas scrubber; and
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm system may be shared among the detectors.
    (B) Bag leak detection system corrective measures requirements. The 
operating and maintenance plan required by paragraph (c)(7)(i) of this 
section must include a corrective measures plan that specifies the 
procedures you will follow in the case of a bag leak detection system 
alarm. The corrective measures plan must include, at a minimum, the 
procedures used to determine and record the time and cause of the alarm 
as well as the corrective measures taken to correct the control device 
malfunction or minimize emissions as specified below. Failure to 
initiate the corrective measures required by this paragraph is failure 
to ensure compliance with the emission standards in this subpart.
    (1) You must initiate the procedures used to determine the cause of 
the alarm within 30 minutes of the time the alarm first sounds; and
    (2) You must alleviate the cause of the alarm by taking the 
necessary corrective measure(s) which may include, but are not to be 
limited to, the following measures:
    (i) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media, or otherwise 
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the combustor.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42298, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35103, July 
3, 2001; 66 FR 63317, Dec. 7, 2001; 67 FR 6813, Feb. 13, 2002; 67 FR 
6989, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002]