[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: 40CFR63.1207]

[Page 33-44]
 
                   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. 63.1207  What are the performance testing requirements?

    (a) General. The provisions of Sec. 63.7 apply, except as noted below.
    (b) Types of performance tests--(1) Comprehensive performance test. 
You must conduct comprehensive performance tests to demonstrate 
compliance with the emission standards provided by

[[Page 34]]

Sec.Sec. 63.1203, 63.1204, and 63.1205, establish limits for the operating 
parameters provided by Sec. 63.1209, and demonstrate compliance with the 
performance specifications for continuous monitoring systems.
    (2) Confirmatory performance test. You must conduct confirmatory 
performance tests to:
    (i) Demonstrate compliance with the dioxin/furan emission standard 
when the source operates under normal operating conditions; and
    (ii) Conduct a performance evaluation of continuous monitoring 
systems required for compliance assurance with the dioxin/furan emission 
standard under Sec. 63.1209(k).
    (c) Initial comprehensive performance test--(1) Test date. Except as 
provided by paragraph (c)(2) of this section, you must commence the 
initial comprehensive performance test not later than six months after 
the compliance date.
    (2) Data in lieu of the initial comprehensive performance test. (i) 
You may request that previous emissions test data serve as documentation 
of conformance with the emission standards of this subpart provided that 
the previous testing:
    (A) Was initiated after 54 months prior to the compliance date, 
except as provided by paragraphs (c)(2)(iii) or (c)(2)(iv) of this 
section;
    (B) Results in data that meet quality assurance objectives 
(determined on a site-specific basis) such that the results demonstrate 
compliance with the applicable standards;
    (C) Was in conformance with the requirements of paragraph (g)(1) of 
this section; and
    (D) Was sufficient to establish the applicable operating parameter 
limits under Sec. 63.1209.
    (ii) You must submit data in lieu of the initial comprehensive 
performance test in lieu of (i.e., if the data are in lieu of all 
performance testing) or with the notification of performance test 
required under paragraph (e) of this section.
    (iii) The data in lieu of test age restriction provided in paragraph 
(c)(2)(i)(A) of this section does not apply for the duration of the 
interim standards (i.e., the standards published in the Federal Register 
on February 13, 2002. Paragraph (c)(2)(i)(A) of this section does not 
apply until EPA promulgates permanent replacement standards pursuant to 
the Settlement Agreement noticed in the Federal Register on November 16, 
2001.
    (iv) The data in lieu test age restriction provided in paragraph 
(c)(2)(i)(A) of this section does not apply to DRE data provided you do 
not feed hazardous waste at a location in the combustion system other 
than the normal flame zone.
    (d) Frequency of testing. Except as otherwise specified in paragraph 
(d)(4) of this section, you must conduct testing periodically as 
prescribed in paragraphs (d)(1) through (d)(3) of this section. The date 
of commencement of the initial comprehensive performance test is the 
basis for establishing the deadline to commence the initial confirmatory 
performance test and the next comprehensive performance test. You may 
conduct performance testing at any time prior to the required date. The 
deadline for commencing subsequent confirmatory and comprehensive 
performance testing is based on the date of commencement of the previous 
comprehensive performance test. Unless the Administrator grants a time 
extension under paragraph (i) of this section, you must conduct testing 
as follows:
    (1) Comprehensive performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence testing no later 
than 61 months after the date of commencing the previous comprehensive 
performance test. If you submit data in lieu of the initial performance 
test, you must commence the subsequent comprehensive performance test 
within 61 months of commencing the test used to provide the data in lieu 
of the initial performance test.
    (2) Confirmatory performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence confirmatory 
performance testing no later than 31 months after the date of commencing 
the previous comprehensive performance test. If you submit data in lieu 
of the initial performance test, you must commence the initial 
confirmatory performance test within 31 months of the date six

[[Page 35]]

months after the compliance date. To ensure that the confirmatory test 
is conducted approximately midway between comprehensive performance 
tests, the Administrator will not approve a test plan that schedules 
testing within 18 months of commencing the previous comprehensive 
performance test.
    (3) Duration of testing. You must complete performance testing 
within 60 days after the date of commencement, unless the Administrator 
determines that a time extension is warranted based on your 
documentation in writing of factors beyond your control that prevent you 
from meeting the 60-day deadline.
    (4) Applicable testing requirements under the interim standards. (i) 
Waiver of periodic comprehensive performance tests. Except as provided 
by paragraph (c)(2) of this section, you must conduct only an initial 
comprehensive performance test under the interim standards (i.e., the 
standards published in the Federal Register on February 13, 2002; all 
subsequent comprehensive performance testing requirements are waived 
under the interim standards. The provisions in the introductory text to 
paragraph (d) and in paragraph (d)(1) of this section do not apply until 
EPA promulgates permanent replacement standards pursuant to the 
Settlement Agreement noticed in the Federal Register on November 16, 
2001.
    (ii) Waiver of confirmatory performance tests. You are not required 
to conduct a confirmatory test under the interim standards (i.e., the 
standards published in the Federal Register on February 13, 2002. The 
confirmatory testing requirements in the introductory text to paragraph 
(d) and in paragraph (d)(2) of this section are waived until EPA 
promulgates permanent replacement standards pursuant to the Settlement 
Agreement noticed in the Federal Register on November 16, 2001.
    (e) Notification of performance test and CMS performance evaluation, 
and approval of test plan and CMS performance evaluation plan. (1) The 
provisions of Sec. 63.7(b) and (c) and Sec. 63.8(e) apply, except:
    (i) Comprehensive performance test. You must submit to the 
Administrator a notification of your intention to conduct a 
comprehensive performance test and CMS performance evaluation and a 
site-specific test plan and CMS performance evaluation test plan at 
least one year before the performance test and performance evaluation 
are scheduled to begin.
    (A) The Administrator will notify you of approval or intent to deny 
approval of the site-specific test plan and CMS performance evaluation 
test plan within 9 months after receipt of the original plan.
    (B) You must submit to the Administrator a notification of your 
intention to conduct the comprehensive performance test at least 60 
calendar days before the test is scheduled to begin.
    (ii) Confirmatory performance test. You must submit to the 
Administrator a notification of your intention to conduct a confirmatory 
performance test and CMS performance evaluation and a site-specific test 
plan and CMS performance evaluation test plan at least 60 calendar days 
before the performance test is scheduled to begin. The Administrator 
will notify you of approval or intent to deny approval of the site-
specific test plan and CMS performance evaluation test plan within 30 
calendar days after receipt of the original test plans.
    (2) After the Administrator has approved the site-specific test plan 
and CMS performance evaluation test plan, you must make the test plans 
available to the public for review. You must issue a public notice 
announcing the approval of the test plans and the location where the 
test plans are available for review.
    (3) Petitions for time extension if Administrator fails to approve 
or deny test plans. You may petition the Administrator under Sec. 63.7(h) 
to obtain a ``waiver'' of any performance test--initial or periodic 
performance test; comprehensive or confirmatory test. The ``waiver'' 
would be implemented as an extension of time to conduct the performance 
test at a later date.
    (i) Qualifications for the waiver. (A) You may not petition the 
Administrator for a waiver under this section if the Administrator has 
issued a notification of intent to deny your test plan(s) under Sec. 
63.7(c)(3)(i)(B);

[[Page 36]]

    (B) You must submit a site-specific emissions testing plan and a 
continuous monitoring system performance evaluation test plan at least 
one year before a comprehensive performance test is scheduled to begin 
as required by paragraph (c)(1) of this section, or at least 60 days 
before a confirmatory performance test is scheduled to begin as required 
by paragraph (d) of this section. The test plans must include all 
required documentation, including the substantive content requirements 
of paragraph (f) of this section and Sec. 63.8(e); and
    (C) You must make a good faith effort to accommodate the 
Administrator's comments on the test plans.
    (ii) Procedures for obtaining a waiver and duration of the waiver: 
(A) You must submit to the Administrator a waiver petition or request to 
renew the petition under Sec. 63.7(h) separately for each source at least 
60 days prior to the scheduled date of the performance test;
    (B) The Administrator will approve or deny the petition within 30 
days of receipt and notify you promptly of the decision;
    (C) The Administrator will not approve an individual waiver petition 
for a duration exceeding 6 months;
    (D) The Administrator will include a sunset provision in the waiver 
ending the waiver within 6 months;
    (E) You may submit a revised petition to renew the waiver under Sec. 
63.7(h)(3)(iii) at least 60 days prior to the end date of the most 
recently approved waiver petition;
    (F) The Administrator may approve a revised petition for a total 
waiver period up to 12 months.
    (iii) Content of the waiver. (A) You must provide documentation to 
enable the Administrator to determine that the source is meeting the 
relevant standard(s) on a continuous basis as required by Sec. 63.7(h)(2). 
For extension requests for the initial comprehensive performance test, 
you must submit your Documentation of Compliance to assist the 
Administrator in making this determination.
    (B) You must include in the petition information justifying your 
request for a waiver, such as the technical or economic infeasibility, 
or the impracticality, of the affected source performing the required 
test, as required by Sec. 63.7(h)(3)(iii).
    (iv) Public notice. You must notify the public (e.g., distribute 
public mailing list) of your petition to waive a performance test.
    (f) Content of performance test plan. The provisions of 
Secs. 63.7(c)(2)(i)-(iii) and (v) regarding the content of the test plan 
apply. In addition, you must include the following information in the 
test plan:
    (1) Content of comprehensive performance test plan. (i) An analysis 
of each feedstream, including hazardous waste, other fuels, and 
industrial furnace feedstocks, as fired, that includes:
    (A) Heating value, levels of ash (for hazardous waste incinerators 
only), levels of semivolatile metals, low volatile metals, mercury, and 
total chlorine (organic and inorganic); and
    (B) Viscosity or description of the physical form of the feedstream;
    (ii) For organic hazardous air pollutants established by 42 U.S.C. 
7412(b)(1), excluding caprolactam (CAS number 105602) as provided by Sec. 
63.60:
    (A) Except as provided by paragraph (f)(1)(ii)(D) of this section, 
an identification of such organic hazardous air pollutants that are 
present in each hazardous waste feedstream. You need not analyze for 
organic hazardous air pollutants that would reasonably not be expected 
to be found in the feedstream. You must identify any constituents you 
exclude from analysis and explain the basis for excluding them. You must 
conduct the feedstream analysis according to Sec. 63.1208(b)(8);
    (B) An approximate quantification of such identified organic 
hazardous air pollutants in the hazardous waste feedstreams, within the 
precision produced by analytical procedures of Sec. 63.1208(b)(8); and
    (C) A description of blending procedures, if applicable, prior to 
firing the hazardous waste feedstream, including a detailed analysis of 
the materials prior to blending, and blending ratios.
    (D) The Administrator may approve on a case-by-case basis a 
hazardous waste feedstream analysis for organic hazardous air pollutants 
in lieu of the analysis required under paragraph

[[Page 37]]

(f)(1)(ii)(A) of this section if the reduced analysis is sufficient to 
ensure that the POHCs used to demonstrate compliance with the applicable 
DRE standard of Sec. 63.1203, Sec. 63.1204, or Sec. 63.1205, continue to be 
representative of the organic hazardous air pollutants in your hazardous 
waste feedstreams;
    (iii) A detailed engineering description of the hazardous waste 
combustor, including:
    (A) Manufacturer's name and model number of the hazardous waste 
combustor;
    (B) Type of hazardous waste combustor;
    (C) Maximum design capacity in appropriate units;
    (D) Description of the feed system for each feedstream;
    (E) Capacity of each feed system;
    (F) Description of automatic hazardous waste feed cutoff system(s);
    (G) Description of the design, operation, and maintenance practices 
for any air pollution control system; and
    (H) Description of the design, operation, and maintenance practices 
of any stack gas monitoring and pollution control monitoring systems;
    (iv) A detailed description of sampling and monitoring procedures 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis;
    (v) A detailed test schedule for each hazardous waste for which the 
performance test is planned, including date(s), duration, quantity of 
hazardous waste to be burned, and other relevant factors;
    (vi) A detailed test protocol, including, for each hazardous waste 
identified, the ranges of hazardous waste feedrate for each feed system, 
and, as appropriate, the feedrates of other fuels and feedstocks, and 
any other relevant parameters that may affect the ability of the 
hazardous waste combustor to meet the emission standards;
    (vii) A description of, and planned operating conditions for, any 
emission control equipment that will be used;
    (viii) Procedures for rapidly stopping the hazardous waste feed and 
controlling emissions in the event of an equipment malfunction;
    (ix) A determination of the hazardous waste residence time as 
required by Sec. 63.1206(b)(11);
    (x) If you are requesting to extrapolate metal feedrate limits from 
comprehensive performance test levels under Secs. 63.1209(l)(1)(i) or 
63.1209(n)(2)(ii)(A):
    (A) A description of the extrapolation methodology and rationale for 
how the approach ensures compliance with the emission standards;
    (B) Documentation of the historical range of normal (i.e., other 
than during compliance testing) metals feedrates for each feedstream;
    (C) Documentation that the level of spiking recommended during the 
performance test will mask sampling and analysis imprecision and 
inaccuracy to the extent that the extrapolated feedrate limits 
adequately assure compliance with the emission standards;
    (xi) If you do not continuously monitor regulated constituents in 
natural gas, process air feedstreams, and feedstreams from vapor 
recovery systems under Sec. 63.1209(c)(5), you must include documentation 
of the expected levels of regulated constituents in those feedstreams;
    (xii) Documentation justifying the duration of system conditioning 
required to ensure the combustor has achieved steady-state operations 
under performance test operating conditions, as provided by paragraph 
(g)(1)(iii) of this section;
    (xiii) For cement kilns with in-line raw mills, if you elect to use 
the emissions averaging provision of Sec. 63.1204(d), you must notify the 
Administrator of your intent in the initial (and subsequent) 
comprehensive performance test plan, and provide the information 
required under Sec. 63.1204(d)(ii)(B).
    (xiv) For preheater or preheater/precalciner cement kilns with dual 
stacks, if you elect to use the emissions averaging provision of Sec. 
63.1204(e), you must notify the Administrator of your intent in the 
initial (and subsequent) comprehensive performance test plan, and 
provide the information required under Sec. 63.1204(e)(2)(iii)(A).
    (xv) [Reserved]
    (xvi) If you are not required to conduct performance testing to 
document compliance with the mercury,

[[Page 38]]

semivolatile metal, low volatile metal, or hydrochloric acid/chlorine 
gas emission standards under paragraph (m) of this section, you must 
include with the comprehensive performance test plan documentation of 
compliance with the provisions of that section.
    (xvii) If you propose to use a surrogate for measuring or monitoring 
gas flowrate, you must document in the comprehensive performance test 
plan that the surrogate adequately correlates with gas flowrate, as 
required by paragraph (m)(7) of this section, and Sec. 63.1209(j)(2), 
(k)(3), (m)(2)(i), (n)(5)(i), and (o)(2)(i).
    (xviii) You must submit an application to request alternative 
monitoring under Sec. 63.1209(g)(1) not later than with the comprehensive 
performance test plan, as required by Sec. 63.1209 (g)(1)(iii)(A).
    (xix) You must document the temperature location measurement in the 
comprehensive performance test plan, as required by 
Secs. 63.1209(j)(1)(i) and 63.1209(k)(2)(i).
    (xx) If your source is equipped with activated carbon injection, you 
must document in the comprehensive performance test plan:
    (A) The manufacturer specifications for minimum carrier fluid 
flowrate or pressure drop, as required by Sec. 63.1209 (k)(6)(ii); and
    (B) Key parameters that affect carbon adsorption, and the operating 
limits you establish for those parameters based on the carbon used 
during the performance test, if you elect not to specify and use the 
brand and type of carbon used during the comprehensive performance test, 
as required by Sec. 63.1209 (k)(6)(iii).
    (xxi) If your source is equipped with a carbon bed system, and you 
elect not to specify and use the brand and type of carbon used during 
the comprehensive performance test, you must include in the 
comprehensive performance test plan key parameters that affect carbon 
adsorption, and the operating limits you establish for those parameters 
based on the carbon used during the performance test, as required by Sec. 
63.1209(k)(7)(ii).
    (xxii) If you feed a dioxin/furan inhibitor into the combustion 
system, you must document in the comprehensive performance test plan key 
parameters that affect the effectiveness of the inhibitor, and the 
operating limits you establish for those parameters based on the 
inhibitor fed during the performance test, if you elect not to specify 
and use the brand and type of inhibitor used during the comprehensive 
performance test, as required by Sec. 63.1209(k)(9)(ii).
    (xxiii) If your source is equipped with a wet scrubber and you elect 
to monitor solids content of the scrubber liquid manually but believe 
that hourly monitoring of solids content is not warranted, you must 
support an alternative monitoring frequency in the comprehensive 
performance test plan, as required by Sec. 63.1209(m)(1)(i)(B)(1)(i).
    (xxiv) If your source is equipped with a particulate matter control 
device other than a wet scrubber, baghouse, or electrostatic 
precipitator, you must include in the comprehensive performance test 
plan:
    (A) Documentation to support the operating parameter limits you 
establish for the control device, as required by Sec. 
63.1209(m)(1)(iv)(A)(4); and
    (B) Support for the use of manufacturer specifications if you 
recommend such specifications in lieu of basing operating limits on 
performance test operating levels, as required by Sec. 
63.1209(m)(1)(iv)(D).
    (xxv) If your source is equipped with a dry scrubber to control 
hydrochloric acid and chlorine gas, you must document in the 
comprehensive performance test plan key parameters that affect 
adsorption, and the limits you establish for those parameters based on 
the sorbent used during the performance test, if you elect not to 
specify and use the brand and type of sorbent used during the 
comprehensive performance test, as required by Sec. 63.1209(o)(4)(iii)(A); 
and
    (xxvi) For purposes of calculating semivolatile metal, low volatile 
metal, mercury, and total chlorine (organic and inorganic), and ash 
feedrate limits, a description of how you will handle performance test 
feedstream analytical results that determines these constituents are not 
present at detectable levels.

[[Page 39]]

    (xxvii) Such other information as the Administrator reasonably finds 
necessary to determine whether to approve the performance test plan.
    (2) Content of confirmatory test plan. (i) A description of your 
normal hydrocarbon or carbon monoxide operating levels, as specified in 
paragraph (g)(2)(i) of this section, and an explanation of how these 
normal levels were determined;
    (ii) A description of your normal applicable operating parameter 
levels, as specified in paragraph (g)(2)(ii) of this section, and an 
explanation of how these normal levels were determined;
    (iii) A description of your normal chlorine operating levels, as 
specified in paragraph (g)(2)(iii) of this section, and an explanation 
of how these normal levels were determined;
    (iv) If you use carbon injection or a carbon bed, a description of 
your normal cleaning cycle of the particulate matter control device, as 
specified in paragraph (g)(2)(iv) of this section, and an explanation of 
how these normal levels were determined;
    (v) A detailed description of sampling and monitoring procedures 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis;
    (vi) A detailed test schedule for each hazardous waste for which the 
performance test is planned, including date(s), duration, quantity of 
hazardous waste to be burned, and other relevant factors;
    (vii) A detailed test protocol, including, for each hazardous waste 
identified, the ranges of hazardous waste feedrate for each feed system, 
and, as appropriate, the feedrates of other fuels and feedstocks, and 
any other relevant parameters that may affect the ability of the 
hazardous waste combustor to meet the dioxin/furan emission standard;
    (viii) A description of, and planned operating conditions for, any 
emission control equipment that will be used;
    (ix) Procedures for rapidly stopping the hazardous waste feed and 
controlling emissions in the event of an equipment malfunction; and
    (x) Such other information as the Administrator reasonably finds 
necessary to determine whether to approve the confirmatory test plan.
    (g) Operating conditions during testing. You must comply with the 
provisions of Sec. 63.7(e). Conducting performance testing under operating 
conditions representative of the extreme range of normal conditions is 
consistent with the requirement of Sec. 63.7(e)(1) to conduct performance 
testing under representative operating conditions.
    (1) Comprehensive performance testing--(i) Operations during 
testing. For the following parameters, you must operate the combustor 
during the performance test under normal conditions (or conditions that 
will result in higher than normal emissions):
    (A) Chlorine feedrate. You must feed normal (or higher) levels of 
chlorine during the dioxin/furan performance test;
    (B) Ash feedrate. For hazardous waste incinerators, you must conduct 
the following tests when feeding normal (or higher) levels of ash: The 
semivolatile metal and low volatile metal performance tests; and the 
dioxin/furan and mercury performance tests if activated carbon injection 
or a carbon bed is used; and
    (C) Cleaning cycle of the particulate matter control device. You 
must conduct the following tests when the particulate matter control 
device undergoes its normal (or more frequent) cleaning cycle: The 
particulate matter, semivolatile metal, and low volatile metal 
performance tests; and the dioxin/furan and mercury performance tests if 
activated carbon injection or a carbon bed is used.
    (ii) Modes of operation. Given that you must establish limits for 
the applicable operating parameters specified in Sec. 63.1209 based on 
operations during the comprehensive performance test, you may conduct 
testing under two or more operating modes to provide operating 
flexibility.
    (iii) Steady-state conditions. (A) Prior to obtaining performance 
test data, you must operate under performance test conditions until you 
reach steady-state operations with respect to emissions of pollutants 
you must measure

[[Page 40]]

during the performance test and operating parameters under Sec. 63.1209 for 
which you must establish limits. During system conditioning, you must 
ensure that each operating parameter for which you must establish a 
limit is held at the level planned for the performance test. You must 
include documentation in the performance test plan under paragraph (f) 
of this section justifying the duration of system conditioning.
    (B) If you own or operate a hazardous waste cement kiln that 
recycles collected particulate matter (i.e., cement kiln dust) into the 
kiln, you must sample and analyze the recycled particulate matter prior 
to obtaining performance test data for levels of selected metals that 
must be measured during performance testing to document that the system 
has reached steady-state conditions (i.e., that metals levels have 
stabilized). You must document the rationale for selecting metals that 
are indicative of system equilibrium and include the information in the 
performance test plan under paragraph (f) of this section. To determine 
system equilibrium, you must sample and analyze the recycled particulate 
matter hourly for each selected metal, unless you submit in the 
performance test plan a justification for reduced sampling and analysis 
and the Administrator approves in writing a reduced sampling and 
analysis frequency.
    (2) Confirmatory performance testing. You must conduct confirmatory 
performance testing for dioxin/furan under normal operating conditions 
for the following parameters:
    (i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be 
within the range of the average value to the maximum value allowed, 
except as provided by paragraph (g)(2)(iv) of this section. The average 
value is defined as the sum of the hourly rolling average values 
recorded (each minute) over the previous 12 months, divided by the 
number of rolling averages recorded during that time. The average value 
must not include calibration data, startup data, shutdown data, 
malfunction data, and data obtained when not burning hazardous waste;
    (ii) Each operating limit (specified in Sec. 63.1209) established to 
maintain compliance with the dioxin/furan emission standard must be held 
within the range of the average value over the previous 12 months and 
the maximum or minimum, as appropriate, that is allowed, except as 
provided by paragraph (g)(2)(iv) of this section. The average value is 
defined as the sum of the rolling average values recorded over the 
previous 12 months, divided by the number of rolling averages recorded 
during that time. The average value must not include calibration data, 
startup data, shutdown data, malfunction data, and data obtained when 
not burning hazardous waste;
    (iii) You must feed chlorine at normal feedrates or greater; and
    (iv) If the combustor is equipped with carbon injection or carbon 
bed, normal cleaning cycle of the particulate matter control device.
    (v) The Administrator may approve an alternative range to that 
required by paragraphs (g)(2)(i) and (ii) of this section if you 
document in the confirmatory performance test plan that it may be 
problematic to maintain the required range during the test. In addition, 
when making the finding of compliance, the Administrator may consider 
test conditions outside of the range specified in the test plan based on 
a finding that you could not reasonably maintain the range specified in 
the test plan and considering factors including whether the time 
duration and level of the parameter when operations were out of the 
specified range were such that operations during the confirmatory test 
are determined to be reasonably representative of normal operations. In 
addition, the Administrator will consider the proximity of the emission 
test results to the standard.
    (h) Operating conditions during subsequent testing. (1) Current 
operating parameter limits established under Sec. 63.1209 are waived during 
subsequent comprehensive performance testing.
    (2) Current operating parameter limits are also waived during 
pretesting prior to comprehensive performance testing for an aggregate 
time not to exceed 720 hours of operation (renewable at the discretion 
of the Administrator) under an approved test plan or if the

[[Page 41]]

source records the results of the pretesting. Pretesting means:
    (i) Operations when stack emissions testing for dioxin/furan, 
mercury, semivolatile metals, low volatile metals, particulate matter, 
or hydrochloric acid/chlorine gas is being performed; and
    (ii) Operations to reach steady-state operating conditions prior to 
stack emissions testing under paragraph (g)(1)(iii) of this section.
    (i) Time extension for subsequent performance tests. After the 
initial comprehensive performance test, you may request up to a one-year 
time extension for conducting a comprehensive or confirmatory 
performance test to consolidate performance testing with other state or 
federally required emission testing, or for other reasons deemed 
acceptable by the Administrator. If the Administrator grants a time 
extension for a comprehensive performance test, the deadlines for 
commencing the next comprehensive and confirmatory tests are based on 
the date that the subject comprehensive performance test commences.
    (1) You must submit in writing to the Administrator any request 
under this paragraph for a time extension for conducting a performance 
test.
    (2) You must include in the request for an extension for conducting 
a performance test the following:
    (i) A description of the reasons for requesting the time extension;
    (ii) The date by which you will commence performance testing.
    (3) The Administrator will notify you in writing of approval or 
intention to deny approval of your request for an extension for 
conducting a performance test within 30 calendar days after receipt of 
sufficient information to evaluate your request. The 30-day approval or 
denial period will begin after you have been notified in writing that 
your application is complete. The Administrator will notify you in 
writing whether the application contains sufficient information to make 
a determination within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that you submit.
    (4) When notifying you that your application is not complete, the 
Administrator will specify the information needed to complete the 
application. The Administrator will also provide notice of opportunity 
for you to present, in writing, within 30 calendar days after 
notification of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (5) Before denying any request for an extension for performance 
testing, the Administrator will notify you in writing of the 
Administrator's intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for you to present in writing, within 15 
calendar days after notification of the intended denial, additional 
information or arguments to the Administrator before further action on 
the request.
    (6) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth specific grounds upon 
which the denial is based. The final determination will be made within 
30 calendar days after the presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (j) Notification of compliance--(1) Comprehensive performance test. 
(i) Except as provided by paragraphs (j)(4) and (j)(5) of this section, 
within 90 days of completion of a comprehensive performance test, you 
must postmark a Notification of Compliance documenting compliance with 
the emission standards and continuous monitoring system requirements, 
and identifying operating parameter limits under Sec. 63.1209.
    (ii) Upon postmark of the Notification of Compliance, you must 
comply with all operating requirements specified in the Notification of 
Compliance in lieu of the limits specified in the Documentation of 
Compliance required under Sec. 63.1211(c).
    (2) Confirmatory performance test. Except as provided by paragraph 
(j)(4) of

[[Page 42]]

this section, within 90 days of completion of a confirmatory performance 
test, you must postmark a Notification of Compliance documenting 
compliance or noncompliance with the applicable dioxin/furan emission 
standard.
    (3) See Secs. 63.7(g), 63.9(h), and 63.1210(b) for additional 
requirements pertaining to the Notification of Compliance (e.g., you 
must include results of performance tests in the Notification of 
Compliance).
    (4) Time extension. You may submit a written request to the 
Administrator for a time extension documenting that, for reasons beyond 
your control, you may not be able to meet the 90-day deadline for 
submitting the Notification of Compliance after completion of testing. 
The Administrator will determine whether a time extension is warranted.
    (5) Early compliance. If you conduct the initial comprehensive 
performance test prior to the compliance date, you must postmark the 
Notification of Compliance within 90 days of completion of the 
performance test or by the compliance date, whichever is later.
    (k) Failure to submit a timely notification of compliance. (1) If 
you fail to postmark a Notification of Compliance by the specified date, 
you must cease hazardous waste burning immediately.
    (2) Prior to submitting a revised Notification of Compliance as 
provided by paragraph (k)(3) of this section, you may burn hazardous 
waste only for the purpose of pretesting or comprehensive performance 
testing and only for a maximum of 720 hours (renewable at the discretion 
of the Administrator).
    (3) You must submit to the Administrator a Notification of 
Compliance subsequent to a new comprehensive performance test before 
resuming hazardous waste burning.
    (l) Failure of performance test--(1) Comprehensive performance test. 
The provisions of this paragraph do not apply to the initial 
comprehensive performance test if you conduct the test prior to 
September 30, 2003 (or a later compliance date approved under Sec. 
63.6(i)).
    (i) If you determine (based on CEM recordings, results of analyses 
of stack samples, or results of CMS performance evaluations) that you 
have exceeded any emission standard during a comprehensive performance 
test for a mode of operation, you must cease hazardous waste burning 
immediately under that mode of operation. You must make this 
determination within 90 days following completion of the performance 
test.
    (ii) If you have failed to demonstrate compliance with the emission 
standards for any mode of operation:
    (A) Prior to submitting a revised Notification of Compliance as 
provided by paragraph (l)(1)(ii)(C) of this section, you may burn 
hazardous waste only for the purpose of pretesting or comprehensive 
performance testing under revised operating conditions, and only for a 
maximum of 720 hours (renewable at the discretion of the Administrator), 
except as provided by paragraph (l)(3) of this section;
    (B) You must conduct a comprehensive performance test under revised 
operating conditions following the requirements for performance testing 
of this section; and
    (C) You must submit to the Administrator a Notification of 
Compliance subsequent to the new comprehensive performance test.
    (2) Confirmatory performance test. If you determine (based on CEM 
recordings, results of analyses of stack samples, or results of CMS 
performance evaluations) that you have failed the dioxin/furan emission 
standard during a confirmatory performance test, you must cease burning 
hazardous waste immediately. You must make this determination within 90 
days following completion of the performance test. To burn hazardous 
waste in the future:
    (i) You must submit to the Administrator for review and approval a 
test plan to conduct a comprehensive performance test to identify 
revised limits on the applicable dioxin/furan operating parameters 
specified in Sec. 63.1209(k);
    (ii) You must submit to the Administrator a Notification of 
Compliance with the dioxin/furan emission standard under the provisions 
of paragraphs (j) and (k) of this section and this paragraph (l). You 
must include in the Notification of Compliance the revised limits on the 
applicable dioxin/furan operating parameters specified in Sec. 63.1209(k); 
and

[[Page 43]]

    (iii) Until the Notification of Compliance is submitted, you must 
not burn hazardous waste except for purposes of pretesting or 
confirmatory performance testing, and for a maximum of 720 hours 
(renewable at the discretion of the Administrator), except as provided 
by paragraph (l)(3) of this section.
    (3) 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 including data 
from the failed performance test. The Administrator will review, modify 
as necessary, and approve if warranted the interim operating 
requirements. An approval of interim operating requirements will include 
a schedule for submitting a Notification of Compliance.
    (m) Waiver of performance test. (1) The waiver provision of this 
paragraph applies in addition to the provisions of Sec. 63.7(h).
    (2) You are not required to conduct performance tests to document 
compliance with the mercury, semivolatile metal, low volatile metal or 
hydrochloric acid/chlorine gas emission standards under the conditions 
specified below. You are deemed to be in compliance with an emission 
standard if the twelve-hour rolling average maximum theoretical emission 
concentration (MTEC) determined as specified below does not exceed the 
emission standard:
    (i) Determine the feedrate of mercury, semivolatile metals, low 
volatile metals, or total chlorine and chloride from all feedstreams;
    (ii) Determine the stack gas flowrate; and
    (iii) Calculate a MTEC for each standard assuming all mercury, 
semivolatile metals, low volatile metals, or total chlorine (organic and 
inorganic) from all feedstreams is emitted;
    (3) To document compliance with this provision, you must:
    (i) Monitor and record the feedrate of mercury, semivolatile metals, 
low volatile metals, and total chlorine and chloride from all 
feedstreams according to Sec. 63.1209(c);
    (ii) 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);
    (iii) Continuously calculate and record in the operating record the 
MTEC under the procedures of paragraph (m)(2) of this section; and
    (iv) Interlock the MTEC calculated in paragraph (m)(2)(iii) of this 
section to the AWFCO system to stop hazardous waste burning when the 
MTEC exceeds the emission standard.
    (4) In lieu of the requirement in paragraphs (m)(3)(iii) and (iv) of 
this section, you may:
    (i) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury, semivolatile 
metals, low volatile metals, and/or total chlorine and chloride from all 
feedstreams that ensures the MTEC as calculated in paragraph (m)(2)(iii) 
of this section is below the applicable emission standard; and
    (ii) Interlock the minimum gas flowrate limit and maximum feedrate 
limit of paragraph (m)(4)(i) of this section to the AWFCO system to stop 
hazardous waste burning when the gas flowrate or mercury, semivolatile 
metals, low volatile metals, and/or total chlorine and chloride feedrate 
exceeds the limits of paragraph (m)(4)(i) of this section.
    (5) When you determine the feedrate of mercury, semivolatile metals, 
low volatile metals, or total chlorine and chloride for purposes of this 
provision, except as provided by paragraph (m)(6) of this section, you 
must assume that the analyte is present at the full detection limit when 
the feedstream analysis determines that the analyte is not detected in 
the feedstream.
    (6) Owners and operators of hazardous waste burning cement kilns and 
lightweight aggregate kilns may assume that mercury is present in raw 
material at half the detection limit when the raw material feedstream 
analysis determines that mercury is not detected.

[[Page 44]]

    (7) You must state in the site-specific test plan that you submit 
for review and approval under paragraph (e) of this section that you 
intend to comply with the provisions of this paragraph. You must include 
in the test plan documentation that any surrogate that is proposed for 
gas flowrate adequately correlates with the gas flowrate.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42299, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 35106, July 3, 2001; 66 FR 63318, Dec. 
6, 2001; 67 FR 6814, Feb. 13, 2002; 67 FR 6990, Feb. 14, 2002; 67 FR 
77691, Dec. 19, 2002]