[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: 40CFR63.1209]

[Page 45-58]
 
                   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. 63.1209  What are the monitoring requirements?

    (a) Continuous emissions monitoring systems (CEMS) and continuous 
opacity monitoring systems (COMS). (1)(i) You must use either a carbon 
monoxide or hydrocarbon CEMS to demonstrate and monitor compliance with 
the carbon monoxide and hydrocarbon standard under this subpart. You 
must also use an oxygen CEMS to continuously correct the carbon monoxide 
or hydrocarbon level to 7 percent oxygen.
    (ii) For cement kilns, except as provided by paragraphs (a)(1)(iv) 
and (a)(1)(v) of this section, you must use a COMS to demonstrate and 
monitor compliance with the opacity standard under Secs. 63.1204(a)(7) 
and (b)(7) at each point where emissions are vented from these affected 
sources including the bypass stack of a preheater or preheater/
precalciner kiln with dual stacks.
    (A) You must maintain and operate each COMS in accordance with the 
requirements of Sec. 63.8(c) except for the requirements under Sec. 
63.8(c)(3). The requirements of Sec. 63.1211(c) shall be complied with 
instead of Sec. 63.8(c)(3); and
    (B) Compliance is based on six-minute block average.
    (iii) You must install, calibrate, maintain, and operate a 
particulate matter CEMS to demonstrate and monitor compliance with the 
particulate matter standards under this subpart. However, compliance 
with the requirements in this section to install, calibrate, maintain 
and operate the PM CEMS is not required until such time that the Agency 
promulgates all performance specifications and operational requirements 
applicable to PM CEMS.
    (iv) If you operate a cement kiln subject to the provisions of this 
subpart and use a fabric filter with multiple stacks or an electrostatic 
precipitator with multiple stacks, you may, in lieu of installing the 
COMS required by paragraph (a)(1)(ii) of this section, comply with the 
opacity standard in accordance with the procedures of Method 9 to part 
60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes 
each day;
    (C) You must use the Method 9 procedures to monitor and record the 
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not 
exceed the opacity standard under Secs. 63.1204(a)(7) and (b)(7).
    (v) If you operate a cement kiln subject to the provisions of this 
subpart and use a particulate matter control device that exhausts 
through a monovent, or if the use of a COMS in accordance with the 
installation specification of Performance Specification 1 (PS-1) of 
appendix B to part 60 of this chapter is not feasible, you may, in lieu 
of installing the COMS required by paragraph (a)(1)(ii) of this section, 
comply with the opacity standard in accordance with the procedures of 
Method 9 to part 60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes 
each day;
    (C) You must use the Method 9 procedures to monitor and record the 
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not 
exceed the opacity standard under Secs. 63.1204(a)(7) and (b)(7).
    (2) Performance specifications. You must install, calibrate, 
maintain, and continuously operate the CEMS and COMS in compliance with 
the quality assurance procedures provided in the

[[Page 46]]

appendix to this subpart and Performance Specifications 1 (opacity), 4B 
(carbon monoxide and oxygen), and 8A (hydrocarbons) in appendix B, part 
60 of this chapter.
    (3) Carbon monoxide readings exceeding the span. (i) Except as 
provided by paragraph (a)(3)(ii) of this section, if a carbon monoxide 
CEMS detects a response that results in a one-minute average at or above 
the 3,000 ppmv span level required by Performance Specification 4B in 
appendix B, part 60 of this chapter, the one-minute average must be 
recorded as 10,000 ppmv. The one-minute 10,000 ppmv value must be used 
for calculating the hourly rolling average carbon monoxide level.
    (ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when 
one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are 
not subject to paragraph (a)(3)(i) of this section. Carbon monoxide CEMS 
that use a span value of 10,000 are subject to the same CEMS performance 
and equipment specifications when operating in the range of 3,000 ppmv 
to 10,000 ppmv that are provided by Performance Specification 4B for 
other carbon monoxide CEMS, except:
    (A) Calibration drift must be less than 300 ppmv; and
    (B) Calibration error must be less than 500 ppmv.
    (4) Hydrocarbon readings exceeding the span. (i) Except as provided 
by paragraph (a)(4)(ii) of this section, if a hydrocarbon CEMS detects a 
response that results in a one-minute average at or above the 100 ppmv 
span level required by Performance Specification 8A in appendix B, part 
60 of this chapter, the one-minute average must be recorded as 500 ppmv. 
The one-minute 500 ppmv value must be used for calculating the hourly 
rolling average HC level.
    (ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-
minute hydrocarbon levels are equal to or exceed 100 ppmv are not 
subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that 
use a span value of 500 ppmv are subject to the same CEMS performance 
and equipment specifications when operating in the range of 100 ppmv to 
500 ppmv that are provided by Performance Specification 8A for other 
hydrocarbon CEMS, except:
    (A) The zero and high-level calibration gas must have a hydrocarbon 
level of between 0 and 100 ppmv, and between 250 and 450 ppmv, 
respectively;
    (B) The strip chart recorder, computer, or digital recorder must be 
capable of recording all readings within the CEM measurement range and 
must have a resolution of 2.5 ppmv;
    (C) The CEMS calibration must not differ by more than 15 ppmv after 
each 24-hour period of the seven day test at both zero and high levels;
    (D) The calibration error must be no greater than 25 ppmv; and
    (E) The zero level, mid-level, and high level calibration gas used 
to determine calibration error must have a hydrocarbon level of 0-200 
ppmv, 150-200 ppmv, and 350-400 ppmv, respectively.
    (5) Petitions to use CEMS for other standards. You may petition the 
Administrator to use CEMS for compliance monitoring for particulate 
matter, mercury, semivolatile metals, low volatile metals, and 
hydrochloric acid/chlorine gas under Sec. 63.8(f) in lieu of compliance 
with the corresponding operating parameter limits under this section.
    (6) Calculation of rolling averages--(i) Calculation of rolling 
averages initially. The carbon monoxide or hydrocarbon CEMS must begin 
recording one-minute average values by 12:01 a.m. and hourly rolling 
average values by 1:01 a.m., when 60 one-minute values will be available 
for calculating the initial hourly rolling average for those sources 
that come into compliance on the regulatory compliance date. Sources 
that elect to come into compliance before the regulatory compliance date 
must begin recording one-minute and hourly rolling average values within 
60 seconds and 60 minutes (when 60 one-minute values will be available 
for calculating the initial hourly rolling average), respectively, from 
the time at which compliance begins.
    (ii) Calculation of rolling averages upon intermittent operations. 
You must ignore periods of time when one-minute values are not available 
for calculating the hourly rolling average. When one-

[[Page 47]]

minute values become available again, the first one-minute value is 
added to the previous 59 values to calculate the hourly rolling average.
    (iii) Calculation of rolling averages when the hazardous waste feed 
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this 
section, you must continue monitoring carbon monoxide and hydrocarbons 
when the hazardous waste feed is cutoff if the source is operating. You 
must not resume feeding hazardous waste if the emission levels exceed 
the standard.
    (B) You are not subject to the CEMS requirements of this subpart 
during periods of time you meet the requirements of Sec. 63.1206(b)(1)(ii) 
(compliance with emissions standards for nonhazardous waste burning 
sources when you are not burning hazardous waste).
    (7) Operating parameter limits for hydrocarbons. If you elect to 
comply with the carbon monoxide and hydrocarbon emission standard by 
continuously monitoring carbon monoxide with a CEMS, you must 
demonstrate that hydrocarbon emissions during the comprehensive 
performance test do not exceed the hydrocarbon emissions standard. In 
addition, the limits you establish on the destruction and removal 
efficiency (DRE) operating parameters required under paragraph (j) of 
this section also ensure that you maintain compliance with the 
hydrocarbon emission standard. If you do not conduct the hydrocarbon 
demonstration and DRE tests concurrently, you must establish separate 
operating parameter limits under paragraph (j) of this section based on 
each test and the more restrictive of the operating parameter limits 
applies.
    (b) Other continuous monitoring systems (CMS). (1) You must use CMS 
(e.g., thermocouples, pressure transducers, flow meters) to document 
compliance with the applicable operating parameter limits under this 
section.
    (2) Except as specified in paragraphs (b)(2)(i) and (ii) of this 
section, you must install and operate continuous monitoring systems 
other than CEMS in conformance with Sec. 63.8(c)(3) that requires you, at a 
minimum, to comply with the manufacturer's written specifications or 
recommendations for installation, operation, and calibration of the 
system:
    (i) Calibration of thermocouples and pyrometers. The calibration of 
thermocouples must be verified at a frequency and in a manner consistent 
with manufacturer specifications, but no less frequent than once per 
year. You must operate and maintain optical pyrometers in accordance 
with manufacturer specifications unless otherwise approved by the 
Administrator. You must calibrate optical pyrometers in accordance with 
the frequency and procedures recommended by the manufacturer, but no 
less frequent than once per year, unless otherwise approved by the 
Administrator. And,
    (ii) Accuracy and calibration of weight measurement devices for 
activated carbon injection systems. If you operate a carbon injection 
system the accuracy of the weight measurement device must be 1 percent 
of the weight being measured. The calibration of the device must be 
verified at least once every three months.
    (3) CMS must sample the regulated parameter without interruption, 
and evaluate the detector response at least once each 15 seconds, and 
compute and record the average values at least every 60 seconds.
    (4) The span of the non-CEMS CMS detector must not be exceeded. You 
must interlock the span limits into the automatic waste feed cutoff 
system required by Sec. 63.1206(c)(3).
    (5) Calculation of rolling averages--(i) Calculation of rolling 
averages initially. Continuous monitoring systems must begin recording 
one-minute average values by 12:01 a.m., hourly rolling average values 
by 1:01 a.m.(e.g., when 60 one-minute values will be available for 
calculating the initial hourly rolling average), and twelve-hour rolling 
averages by 12:01 p.m.(e.g., when 720 one-minute averages are available 
to calculate a 12-hour rolling average), for those sources that come 
into compliance on the regulatory compliance date. Sources that elect to 
come into compliance before the regulatory compliance date must begin 
recording one-minute, hourly rolling average, and 12-hour rolling 
average values within 60 seconds, 60 minutes (when 60 one-

[[Page 48]]

minute values will be available for calculating the initial hourly 
rolling average), and 720 minutes (when 720 one-minute values will be 
available for calculating the initial 12-hour hourly rolling average) 
respectively, from the time at which compliance begins.
    (ii) Calculation of rolling averages upon intermittent operations. 
You must ignore periods of time when one-minute values are not available 
for calculating rolling averages. When one-minute values become 
available again, the first one-minute value is added to the previous 
one-minute values to calculate rolling averages.
    (iii) Calculation of rolling averages when the hazardous waste feed 
is cutoff. (A) Except as provided by paragraph (b)(5)(iii)(B) of this 
section, you must continue monitoring operating parameter limits with a 
CMS when the hazardous waste feed is cutoff if the source is operating. 
You must not resume feeding hazardous waste if an operating parameter 
exceeds its limit.
    (B) You are not subject to the CMS requirements of this subpart 
during periods of time you meet the requirements of Sec. 63.1206(b)(1)(ii) 
(compliance with emissions standards for nonhazardous waste burning 
sources when you are not burning hazardous waste).
    (c) Analysis of feedstreams--(1) General. Prior to feeding the 
material, you must obtain an analysis of each feedstream that is 
sufficient to document compliance with the applicable feedrate limits 
provided by this section.
    (2) Feedstream analysis plan. You must develop and implement a 
feedstream analysis plan and record it in the operating record. The plan 
must specify at a minimum:
    (i) The parameters for which you will analyze each feedstream to 
ensure compliance with the operating parameter limits of this section;
    (ii) Whether you will obtain the analysis by performing sampling and 
analysis or by other methods, such as using analytical information 
obtained from others or using other published or documented data or 
information;
    (iii) How you will use the analysis to document compliance with 
applicable feedrate limits (e.g., if you blend hazardous wastes and 
obtain analyses of the wastes prior to blending but not of the blended, 
as-fired, waste, the plan must describe how you will determine the 
pertinent parameters of the blended waste);
    (iv) The test methods which you will use to obtain the analyses;
    (v) The sampling method which you will use to obtain a 
representative sample of each feedstream to be analyzed using sampling 
methods described in appendix IX, part 266 of this chapter, or an 
equivalent method; and
    (vi) The frequency with which you will review or repeat the initial 
analysis of the feedstream to ensure that the analysis is accurate and 
up to date.
    (3) Review and approval of analysis plan. You must submit the 
feedstream analysis plan to the Administrator for review and approval, 
if requested.
    (4) Compliance with feedrate limits. To comply with the applicable 
feedrate limits of this section, you must monitor and record feedrates 
as follows:
    (i) Determine and record the value of the parameter for each 
feedstream by sampling and analysis or other method;
    (ii) Determine and record the mass or volume flowrate of each 
feedstream by a CMS. If you determine flowrate of a feedstream by 
volume, you must determine and record the density of the feedstream by 
sampling and analysis (unless you report the constituent concentration 
in units of weight per unit volume (e.g., mg/l)); and
    (iii) Calculate and record the mass feedrate of the parameter per 
unit time.
    (5) Waiver of monitoring of constituents in certain feedstreams. You 
are not required to monitor levels of metals or chlorine in the 
following feedstreams to document compliance with the feedrate limits 
under this section provided that you document in the comprehensive 
performance test plan the expected levels of the constituent in the 
feedstream and account for those assumed feedrate levels in documenting 
compliance with feedrate limits: natural gas, process air, and 
feedstreams from vapor recovery systems.
    (d) Performance evaluations. (1) The requirements of Secs. 63.8(d) 
(Quality control program) and (e) (Performance evaluation of continuous 
monitoring

[[Page 49]]

systems) apply, except that you must conduct performance evaluations of 
components of the CMS under the frequency and procedures (for example, 
submittal of performance evaluation test plan for review and approval) 
applicable to performance tests as provided by Sec. 63.1207.
    (2) You must comply with the quality assurance procedures for CEMS 
prescribed in the appendix to this subpart.
    (e) Conduct of monitoring. The provisions of Sec. 63.8(b) apply.
    (f) Operation and maintenance of continuous monitoring systems. The 
provisions of Sec. 63.8(c) apply except:
    (1) Section 63.8(c)(3). The requirements of Sec. 63.1211(c), that 
requires CMSs to be installed, calibrated, and operational on the 
compliance date, shall be complied with instead of section 63.8(c)(3);
    (2) Section 63.8(c)(4)(ii). The performance specifications for 
carbon monoxide, hydrocarbon, and oxygen CEMSs in subpart B, part 60 of 
this chapter that requires detectors to measure the sample concentration 
at least once every 15 seconds for calculating an average emission rate 
once every 60 seconds shall be complied with instead of section 
63.8(c)(4)(ii); and
    (3) Sections 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to 
COMS apply only to owners and operators of hazardous waste burning 
cement kilns..
    (g) Alternative monitoring requirements other than continuous 
emissions monitoring systems (CEMS)--(1) Requests to use alternative 
methods. (i) You may submit an application to the Administrator under 
this paragraph for approval of alternative monitoring requirements to 
document compliance with the emission standards of this subpart. For 
requests to use additional CEMS, however, you must use paragraph (a)(5) 
of this section and Sec. 63.8(f).
    (A) The Administrator will not approve averaging periods for 
operating parameter limits longer than specified in this section unless 
you document using data or information that the longer averaging period 
will ensure that emissions do not exceed levels achieved during the 
comprehensive performance test over any increment of time equivalent to 
the time required to conduct three runs of the performance test.
    (B) If the Administrator approves the application to use an 
alternative monitoring requirement, you must continue to use that 
alternative monitoring requirement until you receive approval under this 
paragraph to use another monitoring requirement.
    (ii) You may submit an application to waive an operating parameter 
limit specified in this section based on documentation that neither that 
operating parameter limit nor an alternative operating parameter limit 
is needed to ensure compliance with the emission standards of this 
subpart.
    (iii) You must comply with the following procedures for applications 
submitted under paragraphs (g)(1)(i) and (ii) of this section:
    (A) Timing of the application. You must submit the application to 
the Administrator not later than with the comprehensive performance test 
plan.
    (B) Content of the application. You must include in the application:
    (1) Data or information justifying your request for an alternative 
monitoring requirement (or for a waiver of an operating parameter 
limit), such as the technical or economic infeasibility or the 
impracticality of using the required approach;
    (2) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach/technique (e.g., type of detector, monitoring 
location), the averaging period for the limit, and how the limit is to 
be calculated; and
    (3) Data or information documenting that the alternative monitoring 
requirement would provide equivalent or better assurance of compliance 
with the relevant emission standard, or that it is the monitoring 
requirement that best assures compliance with the standard and that is 
technically and economically practicable.
    (C) Approval of request to use an alternative monitoring requirement 
or waive an operating parameter limit. The Administrator will notify you 
of approval or intention to deny approval of the request within 90 
calendar days after receipt of the original request and within 60 
calendar days after receipt of any supplementary information that you

[[Page 50]]

submit. The Administrator will not approve an alternative monitoring 
request unless the alternative monitoring requirement provides 
equivalent or better assurance of compliance with the relevant emission 
standard, or is the monitoring requirement that best assures compliance 
with the standard and that is technically and economically practicable. 
Before disapproving any request, the Administrator will notify you of 
the Administrator's intention to disapprove the request together with:
    (1) Notice of the information and findings on which the intended 
disapproval is based; and
    (2) Notice of opportunity for you to present additional information 
to the Administrator before final action on the request. At the time the 
Administrator notifies you of intention to disapprove the request, the 
Administrator will specify how much time you will have after being 
notified of the intended disapproval to submit the additional 
information.
    (D) Responsibility of owners and operators. You are responsible for 
ensuring that you submit any supplementary and additional information 
supporting your application in a timely manner to enable the 
Administrator to consider your application during review of the 
comprehensive performance test plan. Neither your submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application, relieves you of the responsibility to comply with the 
provisions of this subpart.
    (2) Administrator's discretion to specify additional or alternative 
requirements. The Administrator may determine on a case-by-case basis at 
any time (e.g., during review of the comprehensive performance test 
plan, during compliance certification review) that you may need to limit 
additional or alternative operating parameters (e.g., opacity in 
addition to or in lieu of operating parameter limits on the particulate 
matter control device) or that alternative approaches to establish 
limits on operating parameters may be necessary to document compliance 
with the emission standards of this subpart.
    (h) Reduction of monitoring data. The provisions of Sec. 63.8(g) apply.
    (i) When an operating parameter is applicable to multiple standards. 
Paragraphs (j) through (p) of this section require you to establish 
limits on operating parameters based on comprehensive performance 
testing to ensure you maintain compliance with the emission standards of 
this subpart. For several parameters, you must establish a limit for the 
parameter to ensure compliance with more than one emission standard. An 
example is a limit on minimum combustion chamber temperature to ensure 
compliance with both the DRE standard of paragraph (j) of this section 
and the dioxin/furan standard of paragraph (k) of this section. If the 
performance tests for such standards are not performed simultaneously, 
the most stringent limit for a parameter derived from independent 
performance tests applies.
    (j) DRE. To remain in compliance with the destruction and removal 
efficiency (DRE) standard, you must establish operating limits during 
the comprehensive performance test (or during a previous DRE test under 
provisions of Sec. 63.1206(b)(7)) for the following parameters, unless the 
limits are based on manufacturer specifications, and comply with those 
limits at all times that hazardous waste remains in the combustion 
chamber (i.e., the hazardous waste residence time has not transpired 
since the hazardous waste feed cutoff system was activated):
    (1) Minimum combustion chamber temperature. (i) You must measure the 
temperature of each combustion chamber at a location that best 
represents, as practicable, the bulk gas temperature in the combustion 
zone. You must document the temperature measurement location in the test 
plan you submit under Sec. 63.1207(e);
    (ii) You must establish a minimum hourly rolling average limit as 
the average of the test run averages;
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish and comply with a limit on the maximum flue gas flowrate, the 
maximum production rate, or another parameter that you document in the 
site-specific test plan

[[Page 51]]

as an appropriate surrogate for gas residence time, as the average of 
the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (i.e., pumpable and nonpumpable) 
hazardous waste feedrate for each location where hazardous waste is fed.
    (ii) You must establish the limits as the average of the maximum 
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly rolling 
average basis;
    (4) Operation of waste firing system. You must specify operating 
parameters and limits to ensure that good operation of each hazardous 
waste firing system is maintained.
    (k) Dioxins and furans. You must comply with the dioxin and furans 
emission standard by establishing and complying with the following 
operating parameter limits. You must base the limits on operations 
during the comprehensive performance test, unless the limits are based 
on manufacturer specifications.
    (1) Gas temperature at the inlet to a dry particulate matter control 
device. (i) For hazardous waste burning incinerators and cement kilns, 
if the combustor is equipped with an electrostatic precipitator, 
baghouse (fabric filter), or other dry emissions control device where 
particulate matter is suspended in contact with combustion gas, you must 
establish a limit on the maximum temperature of the gas at the inlet to 
the device on an hourly rolling average. You must establish the hourly 
rolling average limit as the average of the test run averages.
    (ii) For hazardous waste burning lightweight aggregate kilns, you 
must establish a limit on the maximum temperature of the gas at the exit 
of the (last) combustion chamber (or exit of any waste heat recovery 
system) on an hourly rolling average. The limit must be established as 
the average of the test run averages;
    (2) Minimum combustion chamber temperature. (i) You must measure the 
temperature of each combustion chamber at a location that best 
represents, as practicable, the bulk gas temperature in the combustion 
zone. You must document the temperature measurement location in the test 
plan you submit under Secs. 63.1207(e) and (f);
    (ii) You must establish a minimum hourly rolling average limit as 
the average of the test run averages.
    (3) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish and comply with a limit on the maximum flue gas flowrate, the 
maximum production rate, or another parameter that you document in the 
site-specific test plan as an appropriate surrogate for gas residence 
time, as the average of the maximum hourly rolling averages for each 
run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (4) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (pumpable and nonpumpable) hazardous 
waste feedrate for each location where waste is fed.
    (ii) You must establish the limits as the average of the maximum 
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly rolling 
average basis;
    (5) Particulate matter operating limit. If your combustor is 
equipped with an activated carbon injection system, you must establish 
operating parameter limits on the particulate matter control device as 
specified by paragraph (m)(1) of this section;
    (6) Activated carbon injection parameter limits. If your combustor 
is equipped with an activated carbon injection system:
    (i) Carbon feedrate. You must establish a limit on minimum carbon 
injection rate on an hourly rolling average calculated as the average of 
the test run averages. If your carbon injection system injects carbon at 
more than one location, you must establish a carbon feedrate limit for 
each location.
    (ii) Carrier fluid. You must establish a limit on minimum carrier 
fluid (gas or liquid) flowrate or pressure drop as an hourly rolling 
average based on the manufacturer's specifications. You

[[Page 52]]

must document the specifications in the test plan you submit under 
Secs. 63.1207(e) and (f);
    (iii) Carbon specification. (A) You must specify and use the brand 
(i.e., manufacturer) and type of carbon used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Secs. 63.1207(e) and (f) key parameters that affect 
adsorption and establish limits on those parameters based on the carbon 
used in the performance test.
    (B) You may substitute at any time a different brand or type of 
carbon provided that the replacement has equivalent or improved 
properties compared to the carbon used in the performance test and 
conforms to the key sorbent parameters you identify under paragraph 
(k)(6)(iii)(A) of this section. You must include in the operating record 
documentation that the substitute carbon will provide the same level of 
control as the original carbon.
    (7) Carbon bed parameter limits. If your combustor is equipped with 
a carbon bed system:
    (i) Monitoring bed life. You must:
    (A) Monitor performance of the carbon bed consistent with 
manufacturer's specifications and recommendations to ensure the carbon 
bed (or bed segment for sources with multiple segments) has not reached 
the end of its useful life to minimize dioxin/furan and mercury 
emissions at least to the levels required by the emission standards;
    (B) Document the monitoring procedures in the operation and 
maintenance plan;
    (C) Record results of the performance monitoring in the operating 
record; and
    (D) Replace the bed or bed segment before it has reached the end of 
its useful life to minimize dioxin/furan and mercury emissions at least 
to the levels required by the emission standards.
    (ii) Carbon specification. (A) You must specify and use the brand 
(i.e., manufacturer) and type of carbon used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Secs. 63.1207(e) and (f) key parameters that affect 
adsorption and establish limits on those parameters based on the carbon 
used in the performance test.
    (B) You may substitute at any time a different brand or type of 
carbon provided that the replacement has equivalent or improved 
properties compared to the carbon used in the performance test. You must 
include in the operating record documentation that the substitute carbon 
will provide an equivalent or improved level of control as the original 
carbon.
    (iii) Maximum temperature. You must measure the temperature of the 
carbon bed at either the bed inlet or exit and you must establish a 
maximum temperature limit on an hourly rolling average as the average of 
the test run averages.
    (8) Catalytic oxidizer parameter limits. If your combustor is 
equipped with a catalytic oxidizer, you must establish limits on the 
following parameters:
    (i) Minimum flue gas temperature at the entrance of the catalyst. 
You must establish a limit on minimum flue gas temperature at the 
entrance of the catalyst on an hourly rolling average as the average of 
the test run averages.
    (ii) Maximum time in-use. You must replace a catalytic oxidizer with 
a new catalytic oxidizer when it has reached the maximum service time 
specified by the manufacturer.
    (iii) Catalyst replacement specifications. When you replace a 
catalyst with a new one, the new catalyst must be equivalent to or 
better than the one used during the previous comprehensive test, as 
measured by:
    (A) Catalytic metal loading for each metal;
    (B) Space time, expressed in the units s-1, the maximum 
rated volumetric flow of combustion gas through the catalyst divided by 
the volume of the catalyst; and
    (C) Substrate construction, including materials of construction, 
washcoat type, and pore density.
    (iv) Maximum flue gas temperature. You must establish a maximum flue 
gas temperature limit at the entrance of the catalyst as an hourly 
rolling average, based on manufacturer's specifications.

[[Page 53]]

    (9) Inhibitor feedrate parameter limits. If you feed a dioxin/furan 
inhibitor into the combustion system, you must establish limits for the 
following parameters:
    (i) Minimum inhibitor feedrate. You must establish a limit on 
minimum inhibitor feedrate on an hourly rolling average as the average 
of the test run averages.
    (ii) Inhibitor specifications. (A) You must specify and use the 
brand (i.e., manufacturer) and type of inhibitor used during the 
comprehensive performance test until a subsequent comprehensive 
performance test is conducted, unless you document in the site-specific 
performance test plan required under Secs. 63.1207(e) and (f) key 
parameters that affect the effectiveness of the inhibitor and establish 
limits on those parameters based on the inhibitor used in the 
performance test.
    (B) You may substitute at any time a different brand or type of 
inhibitor provided that the replacement has equivalent or improved 
properties compared to the inhibitor used in the performance test and 
conforms to the key parameters you identify under paragraph 
(k)(9)(ii)(A) of this section. You must include in the operating record 
documentation that the substitute inhibitor will provide the same level 
of control as the original inhibitor.
    (l) Mercury. You must comply with the mercury emission standard by 
establishing and complying with the following operating parameter 
limits. You must base the limits on operations during the comprehensive 
performance test, unless the limits are based on manufacturer 
specifications.
    (1) Feedrate of total mercury. You must establish a 12-hour rolling 
average limit for the total feedrate of mercury in all feedstreams as 
the average of the test run averages, unless mercury feedrate limits are 
extrapolated from performance test feedrate levels under the following 
provisions.
    (i) You may request as part of the performance test plan under 
Secs. 63.7(b) and (c) and Secs. 63.1207(e) and (f) to use the mercury 
feedrates and associated emission rates during the comprehensive 
performance test to extrapolate to higher allowable feedrate limits and 
emission rates.
    (ii) The extrapolation methodology will be reviewed and approved, as 
warranted, by the Administrator. The review will consider in particular 
whether:
    (A) Performance test metal feedrates are appropriate (i.e., whether 
feedrates are at least at normal levels; depending on the heterogeneity 
of the waste, whether some level of spiking would be appropriate; and 
whether the physical form and species of spiked material is 
appropriate); and
    (B) Whether the extrapolated feedrates you request are warranted 
considering historical metal feedrate data.
    (iii) The Administrator will review the performance test results in 
making a finding of compliance required by Secs. 63.6(f)(3) and 
63.1206(b)(3) to ensure that you have interpreted emission test results 
properly and that the extrapolation procedure is appropriate for your 
source.
    (2) Wet scrubber. If your combustor is equipped with a wet scrubber, 
you must establish operating parameter limits prescribed by paragraph 
(o)(3) of this section, except for paragraph (o)(3)(iv).
    (3) Activated carbon injection. If your combustor is equipped with 
an activated carbon injection system, you must establish operating 
parameter limits prescribed by paragraphs (k)(5) and (k)(6) of this 
section.
    (4) Activated carbon bed. If your combustor is equipped with an 
activated carbon bed system, you must comply with the requirements of 
(k)(7) of this section to assure compliance with the mercury emission 
standard.
    (m) Particulate matter. You must comply with the particulate matter 
emission standard by establishing and complying with the following 
operating parameter limits. You must base the limits on operations 
during the comprehensive performance test, unless the limits are based 
on manufacturer specifications.
    (1) Control device operating parameter limits (OPLs). (i) Wet 
scrubbers. For sources equipped with wet scrubbers, including ionizing 
wet scrubbers, high energy wet scrubbers such as venturi, hydrosonic, 
collision, or free jet wet

[[Page 54]]

scrubbers, and low energy wet scrubbers such as spray towers, packed 
beds, or tray towers, you must establish limits on the following 
parameters:
    (A) For high energy scrubbers only, minimum pressure drop across the 
wet scrubber on an hourly rolling average, established as the average of 
the test run averages;
    (B) For all wet scrubbers:
    (1) To ensure that the solids content of the scrubber liquid does 
not exceed levels during the performance test, you must either:
    (i) Establish a limit on solids content of the scrubber liquid using 
a CMS or by manual sampling and analysis. If you elect to monitor solids 
content manually, you must sample and analyze the scrubber liquid hourly 
unless you support an alternative monitoring frequency in the 
performance test plan that you submit for review and approval; or
    (ii) Establish a minimum blowdown rate using a CMS and either a 
minimum scrubber tank volume or liquid level using a CMS.
    (2) For maximum solids content monitored with a CMS, you must 
establish a limit on a twelve-hour rolling average as the average of the 
test run averages.
    (3) For maximum solids content measured manually, you must establish 
an hourly limit, as measured at least once per hour, unless you support 
an alternative monitoring frequency in the performance test plan that 
you submit for review and approval. You must establish the maximum 
hourly limit as the average of the manual measurement averages for each 
run.
    (4) For minimum blowdown rate and either a minimum scrubber tank 
volume or liquid level using a CMS, you must establish a limit on an 
hourly rolling average as the average of the test run averages.
    (C) For high energy wet scrubbers only, you must establish limits on 
either the minimum liquid to gas ratio or the minimum scrubber water 
flowrate and maximum flue gas flowrate on an hourly rolling average. If 
you establish limits on maximum flue gas flowrate under this paragraph, 
you need not establish a limit on maximum flue gas flowrate under 
paragraph (m)(2) of this section. You must establish these hourly 
rolling average limits as the average of the test run averages; and
    (ii)-(iii) [Reserved]
    (iv) Other particulate matter control devices. For each control 
device that is not a high energy or ionizing wet scrubber, baghouse, or 
electrostatic precipitator but is operated to comply with the 
particulate matter emission standards of this subpart, you must ensure 
that the control device is properly operated and maintained as required 
by Sec. 63.1206(c)(7) and by monitoring the operation of the control device 
as follows:
    (A) During each comprehensive performance test conducted to 
demonstrate compliance with the particulate matter emissions standard, 
you must establish a range of operating values for the control device 
that is a representative and reliable indicator that the control device 
is operating within the same range of conditions as during the 
performance test. You must establish this range of operating values as 
follows:
    (1) You must select a set of operating parameters appropriate for 
the control device design that you determine to be a representative and 
reliable indicator of the control device performance.
    (2) You must measure and record values for each of the selected 
operating parameters during each test run of the performance test. A 
value for each selected parameter must be recorded using a continuous 
monitor.
    (3) For each selected operating parameter measured in accordance 
with the requirements of paragraph (m)(1)(iv)(A)(1) of this section, you 
must establish a minimum operating parameter limit or a maximum 
operating parameter limit, as appropriate for the parameter, to define 
the operating limits within which the control device can operate and 
still continuously achieve the same operating conditions as during the 
performance test.
    (4) You must prepare written documentation to support the operating 
parameter limits established for the control device and you must include 
this documentation in the performance test plan that you submit for 
review and approval. This documentation must include a description for 
each selected

[[Page 55]]

parameter and the operating range and monitoring frequency required to 
ensure the control device is being properly operated and maintained.
    (B) You must install, calibrate, operate, and maintain a monitoring 
device equipped with a recorder to measure the values for each operating 
parameter selected in accordance with the requirements of paragraph 
(m)(1)(iv)(A)(1) of this section. You must install, calibrate, and 
maintain the monitoring equipment in accordance with the equipment 
manufacturer's specifications. The recorder must record the detector 
responses at least every 60 seconds, as required in the definition of 
continuous monitor.
    (C) You must regularly inspect the data recorded by the operating 
parameter monitoring system at a sufficient frequency to ensure the 
control device is operating properly. An excursion is determined to have 
occurred any time that the actual value of a selected operating 
parameter is less than the minimum operating limit (or, if applicable, 
greater than the maximum operating limit) established for the parameter 
in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of 
this section.
    (D) Operating parameters selected in accordance with paragraph 
(m)(1)(iv) of this section may be based on manufacturer specifications 
provided you support the use of manufacturer specifications in the 
performance test plan that you submit for review and approval.
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Maximum ash feedrate. Owners and operators of hazardous waste 
incinerators must establish a maximum ash feedrate limit as a 12-hour 
rolling average based on the average of the test run averages.
    (n) Semivolatile metals and low volatility metals. You must comply 
with the semivolatile metal (cadmium and lead) and low volatile metal 
(arsenic, beryllium, and chromium) emission standards by establishing 
and complying with the following operating parameter limits. You must 
base the limits on operations during the comprehensive performance test, 
unless the limits are based on manufacturer specifications.
    (1) Maximum inlet temperature to dry particulate matter air 
pollution control device. You must establish a limit on the maximum 
inlet temperature to the primary dry metals emissions control device 
(e.g., electrostatic precipitator, baghouse) on an hourly rolling 
average basis as the average of the test run averages.
    (2) Maximum feedrate of semivolatile and low volatile metals. (i) 
General. You must establish feedrate limits for semivolatile metals 
(cadmium and lead) and low volatile metals (arsenic, beryllium, and 
chromium) as follows, except as provided by paragraph (n)(2)(ii) of this 
section:
    (A) You must establish a 12-hour rolling average limit for the 
feedrate of cadmium and lead, combined, in all feedstreams as the 
average of the test run averages;
    (B) You must establish a 12-hour rolling average limit for the 
feedrate of arsenic, beryllium, and chromium, combined, in all 
feedstreams as the average of the test run averages; and
    (C) You must establish a 12-hour rolling average limit for the 
feedrate of arsenic, beryllium, and chromium, combined, in all pumpable 
feedstreams as the average of the test run averages. Dual feedrate 
limits for both pumpable and total feedstreams are not required, 
however, if you base the total feedrate limit solely on the feedrate of 
pumpable feedstreams.
    (ii) Feedrate extrapolation. (A) You may request as part of the 
performance test plan under Secs. 63.7(b) and (c) and Secs. 63.1207(e) 
and (f) to use the semivolatile metal and low volatile metal feedrates 
and associated emission rates during the comprehensive performance test 
to extrapolate to higher allowable feedrate limits and emission rates.

[[Page 56]]

    (B) The extrapolation methodology will be reviewed and approved, as 
warranted, by the Administrator. The review will consider in particular 
whether:
    (1) Performance test metal feedrates are appropriate (i.e., whether 
feedrates are at least at normal levels; depending on the heterogeneity 
of the waste, whether some level of spiking would be appropriate; and 
whether the physical form and species of spiked material is 
appropriate); and
    (2) Whether the extrapolated feedrates you request are warranted 
considering historical metal feedrate data.
    (C) The Administrator will review the performance test results in 
making a finding of compliance required by Secs. 63.6(f)(3) and 
63.1206(b)(3) to ensure that you have interpreted emission test results 
properly and that the extrapolation procedure is appropriate for your 
source.
    (3) Control device operating parameter limits (OPLs). You must 
establish operating parameter limits on the particulate matter control 
device as specified by paragraph (m)(1) of this section;
    (4) Maximum total chlorine and chloride feedrate. You must establish 
a 12-hour rolling average limit for the feedrate of total chlorine and 
chloride in all feedstreams as the average of the test run averages.
    (5) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis.
    (o) Hydrochloric acid and chlorine gas. You must comply with the 
hydrogen chloride and chlorine gas emission standard by establishing and 
complying with the following operating parameter limits. You must base 
the limits on operations during the comprehensive performance test, 
unless the limits are based on manufacturer specifications.
    (1) Feedrate of total chlorine and chloride. You must establish a 
12-hour rolling average limit for the total feedrate of chlorine 
(organic and inorganic) in all feedstreams as the average of the test 
run averages.
    (2) Maximum flue gas flowrate or production rate. (i) As an 
indicator of gas residence time in the control device, you must 
establish a limit on the maximum flue gas flowrate, the maximum 
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time, 
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average 
basis;
    (3) Wet scrubber. If your combustor is equipped with a wet scrubber:
    (i) If your source is equipped with a high energy wet scrubber such 
as a venturi, hydrosonic, collision, or free jet wet scrubber, you must 
establish a limit on minimum pressure drop across the wet scrubber on an 
hourly rolling average as the average of the test run averages;
    (ii) If your source is equipped with a low energy wet scrubber such 
as a spray tower, packed bed, or tray tower, you must establish a 
minimum pressure drop across the wet scrubber based on manufacturer's 
specifications. You must comply with the limit on an hourly rolling 
average;
    (iii) If your source is equipped with a low energy wet scrubber, you 
must establish a limit on minimum liquid feed pressure to the wet 
scrubber based on manufacturer's specifications. You must comply with 
the limit on an hourly rolling average;
    (iv) You must establish a limit on minimum pH on an hourly rolling 
average as the average of the test run averages;
    (v) You must establish limits on either the minimum liquid to gas 
ratio or the minimum scrubber water flowrate and maximum flue gas 
flowrate on an hourly rolling average as the average of the test run 
averages. If you establish limits on maximum flue gas flowrate under 
this paragraph, you need not establish a limit on maximum flue gas 
flowrate under paragraph (o)(2) of this section; and

[[Page 57]]

    (4) Dry scrubber. If your combustor is equipped with a dry scrubber, 
you must establish the following operating parameter limits:
    (i) Minimum sorbent feedrate. You must establish a limit on minimum 
sorbent feedrate on an hourly rolling average as the average of the test 
run averages.
    (ii) Minimum carrier fluid flowrate or nozzle pressure drop. You 
must establish a limit on minimum carrier fluid (gas or liquid) flowrate 
or nozzle pressure drop based on manufacturer's specifications.
    (iii) Sorbent specifications. (A) You must specify and use the brand 
(i.e., manufacturer) and type of sorbent used during the comprehensive 
performance test until a subsequent comprehensive performance test is 
conducted, unless you document in the site-specific performance test 
plan required under Secs. 63.1207(e) and (f) key parameters that affect 
adsorption and establish limits on those parameters based on the sorbent 
used in the performance test.
    (B) You may substitute at any time a different brand or type of 
sorbent provided that the replacement has equivalent or improved 
properties compared to the sorbent used in the performance test and 
conforms to the key sorbent parameters you identify under paragraph 
(o)(4)(iii)(A) of this section. You must record in the operating record 
documentation that the substitute sorbent will provide the same level of 
control as the original sorbent.
    (p) Maximum combustion chamber pressure. If you comply with the 
requirements for combustion system leaks under Sec. 63.1206(c)(5) by 
maintaining the maximum combustion chamber zone pressure lower than 
ambient pressure to prevent combustion systems leaks from hazardous 
waste combustion, you must perform instantaneous monitoring of pressure 
and the automatic waste feed cutoff system must be engaged when negative 
pressure is not adequately maintained.
    (q) Operating under different modes of operation. If you operate 
under different modes of operation, you must establish operating 
parameter limits for each mode. You must document in the operating 
record when you change a mode of operation and begin complying with the 
operating limits for an alternative mode of operation.
    (1) Operating under otherwise applicable standards after the 
hazardous waste residence time has transpired. As provided by Sec. 
63.1206(b)(1)(ii), you may operate under otherwise applicable 
requirements promulgated under sections 112 and 129 of the Clean Air Act 
in lieu of the substantive requirements of this subpart.
    (i) The otherwise applicable requirements promulgated under sections 
112 and 129 of the Clean Air Act are applicable requirements under this 
subpart.
    (ii) You must specify (e.g., by reference) the otherwise applicable 
requirements as a mode of operation in your Documentation of Compliance 
under Sec. 63.1211(c), your Notification of Compliance under Sec. 63.1207(j), 
and your title V permit application. These requirements include the 
otherwise applicable requirements governing emission standards, 
monitoring and compliance, and notification, reporting, and 
recordkeeping.
    (2) Calculating rolling averages under different modes of operation. 
When you transition to a different mode of operation, you must calculate 
rolling averages as follows:
    (i) Retrieval approach. Calculate rolling averages anew using the 
continuous monitoring system values previously recorded for that mode of 
operation (i.e., you ignore continuous monitoring system values 
subsequently recorded under other modes of operation when you transition 
back to a mode of operation); or
    (ii) Start anew. Calculate rolling averages anew without considering 
previous recordings.
    (A) Rolling averages must be calculated as the average of the 
available one-minute values for the parameter until enough one-minute 
values are available to calculate hourly or 12-hour rolling averages, 
whichever is applicable to the parameter.
    (B) You may not transition to a new mode of operation using this 
approach if the most recent operation in that mode resulted in an 
exceedance of an applicable emission standard measured with a CEMS or 
operating parameter limit prior to the hazardous waste residence time 
expiring; or

[[Page 58]]

    (iii) Seamless transition. Continue calculating rolling averages 
using data from the previous operating mode provided that both the 
operating limit and the averaging period for the parameter are the same 
for both modes of operation.

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42300, July 10, 2000; 
65 FR 67271, Nov. 9, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July 
3, 2001; 67 FR 6815, Feb. 13, 2002; 67 FR 6991, Feb. 14, 2002; 67 FR 
77691, Dec. 19, 2002]

                Notification, Reporting and Recordkeeping