[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: 40CFR63.1214]
[Page 62-68]
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. 63.1214 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to requirements in Secs. 63.1200,
63.1203 through 63.1205, and 63.1206(a).
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in this
subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f), as
defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: At 68 FR 37356, June 23, 2003, Sec. 63.1214 was
added effective August 22, 2003.
[[Page 63]]
Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
Subpart EEE
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart EEE Explanation
----------------------------------------------------------------------------------------------------------------
63.1................................... Yes.
63.2................................... Yes.
63.3................................... Yes.
63.4................................... Yes....................................
63.5................................... Yes.
63.6(a), (b), (c), (d), and (e)........ Yes.
63.6(f)................................ Yes.................................... Except that the performance
test requirements of Sec.
63.1207 apply instead of Sec.
63.6(f)(2)(iii)(B).
63.6(g) and (h)........................ Yes.
63.6(i)................................ Yes.................................... Section 63.1213 specifies that
the compliance date may also
be extended for inability to
install necessary emission
control equipment by the
compliance date because of
implementation of pollution
prevention or waste
minimization controls.
63.6(j)................................ Yes.
63.7(a)................................ Yes.................................... Except Sec. 63.1207(e)(3) allows
you to petition the
Administrator under Sec. 63.7(h)
to provide an extension of
time to conduct a performance
test.
63.7(b)................................ Yes.................................... Except Sec. 63.1207(e) requires
you to submit the site-
specific test plan for
approval at least one year
before the comprehensive
performance test is scheduled
to begin.
63.7(c)................................ Yes.................................... Except Sec. 63.1207(e) requires
you to submit the site-
specific test plan (including
the quality assurance
provisions under Sec. 63.7(c))
for approval at least one
year before the comprehensive
performance test is scheduled
to begin.
63.7(d)................................ Yes.
63.7(e)................................ Yes.................................... Except Sec. 63.1207 prescribes
operations during performance
testing and Sec. 63.1209
specifies operating limits
that will be established
during performance testing
(such that testing is likely
to be representative of the
extreme range of normal
performance).
63.7(f)................................ Yes.
63.7(g)................................ Yes.................................... Except Sec. 63.1207(j) requiring
that you submit the results
of the performance test (and
the notification of
compliance) within 90 days of
completing the test, unless
the Administrator grants a
time extension, applies
instead of Sec. 63.7(g)(1).
63.7(h)................................ Yes.................................... Except Sec. 63.1207(c)(2) allows
data in lieu of the initial
comprehensive performance
test, and Sec. 63.1207(m)
provides a waiver of certain
performance tests. You must
submit requests for these
waivers with the site-
specific test plan.
63.8(a) and (b)........................ Yes.
63.8(c)................................ Yes.................................... Except: (1) Sec. 63.1211(c) that
requires you to install,
calibrate, and operate CMS by
the compliance date applies
instead of Sec. 63.8(c)(3); and
(2) the performance
specifications for CO, HC,
and O2 CEMS in subpart B, of
this chapter requiring that
the detectors measure the
sample concentration at least
once every 15 seconds for
calculating an average
emission level once every 60
seconds apply instead of Sec.
63.8(c)(4)(ii).
63.8(d)................................ Yes.
63.8(e)................................ Yes.................................... Except Sec. 63.1207(e) requiring
you to submit the site-
specific comprehensive
performance test plan and the
CMS performance evaluation
test plan for approval at
least one year prior to the
planned test date applies
instead of Secs. 63.8(e)(2)
and (3)(iii).
63.8(f) and (g)........................ Yes.
63.9(a)................................ Yes.
63.9(b)................................ Yes.................................... Note: Section 63.9(b)(1)(ii)
pertains to notification
requirements for area sources
that become a major source,
and Sec. 63.9(b)(2)(v) requires
a major source determination.
Although area sources are
subject to all provisions of
this subpart (Subpart EEE),
these sections nonetheless
apply because the major
source determination may
affect the applicability of
part 63 standards or title V
permit requirements to other
sources (i.e., other than a
hazardous waste combustor) of
hazardous air pollutants at
the facility.
63.9(c) and (d)........................ Yes.
[[Page 64]]
63.9(e)................................ Yes.................................... Except Sec. 63.1207(e) which
requires you to submit the
comprehensive performance
test plan for approval one
year prior to the planned
performance test date applies
instead of Sec. 63.9(e).
63.9(f)................................ Yes.................................... Section 63.9(f) applies if you
are allowed under Sec.
63.1209(a)(1)(v) to use
visible determination of
opacity for compliance in
lieu of a COMS.
63.9(g)................................ Yes.................................... Except Sec. 63.9(g)(2) pertaining
to COMS does not apply.
63.9(h)................................ Yes.................................... Except Sec. 63.1207(j) requiring
you to submit the
notification of compliance
within 90 days of completing
a performance test unless the
Administrator grants a time
extension applies instead of
Sec. 63.9(h)(2)(iii). Note: Even
though area sources are
subject to this subpart, the
major source determination
required by Sec.
63.9(h)(2)(i)(E) is
applicable to hazardous waste
combustors for the reasons
discussed above.
63.9(i) and (j)........................ Yes.
63.10.................................. Yes.................................... Except reports of performance
test results required under Sec.
63.10(d)(2) may be submitted
up to 90 days after
completion of the test.
63.11.................................. No.
63.12-63.15............................ Yes.
----------------------------------------------------------------------------------------------------------------
[67 FR 6994, Feb. 14, 2002]
Appendix to Subpart EEE of Part 63--Quality Assurance Procedures for
Continuous Emissions Monitors Used for Hazardous Waste Combustors
1. Applicability and Principle
1.1 Applicability. These quality assurance requirements are used to
evaluate the effectiveness of quality control (QC) and quality assurance
(QA) procedures and the quality of data produced by continuous emission
monitoring systems (CEMS) that are used for determining compliance with
the emission standards on a continuous basis as specified in the
applicable regulation. The QA procedures specified by these requirements
represent the minimum requirements necessary for the control and
assessment of the quality of CEMS data used to demonstrate compliance
with the emission standards provided under this subpart EEE of part 63.
Owners and operators must meet these minimum requirements and are
encouraged to develop and implement a more extensive QA program. These
requirements supersede those found in part 60, Appendix F, of this
chapter. Appendix F does not apply to hazardous waste-burning devices.
1.2 Principle. The QA procedures consist of two distinct and
equally important functions. One function is the assessment of the
quality of the CEMS data by estimating accuracy. The other function is
the control and improvement of the quality of the CEMS data by
implementing QC policies and corrective actions. These two functions
form a control loop. When the assessment function indicates that the
data quality is inadequate, the source must immediately stop burning
hazardous waste. The CEM data control effort must be increased until the
data quality is acceptable before hazardous waste burning can resume.
a. In order to provide uniformity in the assessment and reporting of
data quality, this procedure explicitly specifies the assessment methods
for response drift and accuracy. The methods are based on procedures
included in the applicable performance specifications provided in
appendix B to part 60 of this chapter. These procedures also require the
analysis of the EPA audit samples concurrent with certain reference
method (RM) analyses as specified in the applicable RM's.
b. Because the control and corrective action function encompasses a
variety of policies, specifications, standards, and corrective measures,
this procedure treats QC requirements in general terms to allow each
source owner or operator to develop a QC system that is most effective
and efficient for the circumstances.
2. Definitions
2.1 Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a pollutant concentration.
The system consists of the following major subsystems:
2.1.1 Sample Interface. That portion of the CEMS used for one or
more of the following: sample acquisition, sample transport, and sample
conditioning, or protection of the monitor from the effects of the stack
effluent.
2.1.2 Pollutant Analyzer. That portion of the CEMS that senses the
pollutant concentration and generates a proportional output.
[[Page 65]]
2.1.3 Diluent Analyzer. That portion of the CEMS that senses the
diluent gas (O2) and generates an output proportional to the gas
concentration.
2.1.4 Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may provide
automatic data reduction and CEMS control capabilities.
2.2 Relative Accuracy (RA). The absolute mean difference between
the pollutant concentration determined by the CEMS and the value
determined by the reference method (RM) plus the 2.5 percent error
confidence coefficient of a series of test divided by the mean of the RM
tests or the applicable emission limit.
2.3 Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period of
operation during which no unscheduled maintenance, repair, or adjustment
took place.
2.4 Zero Drift (ZD). The difference in CEMS output readings at the
zero pollutant level after a stated period of operation during which no
unscheduled maintenance, repair, or adjustment took place.
2.5 Calibration Standard. Calibration standards produce a known and
unchanging response when presented to the pollutant analyzer portion of
the CEMS, and are used to calibrate the drift or response of the
analyzer.
2.6 Relative Accuracy Test Audit (RATA). Comparison of CEMS
measurements to reference method measurements in order to evaluate
relative accuracy following procedures and specification given in the
appropriate performance specification.
2.7 Absolute Calibration Audit (ACA). Equivalent to calibration
error (CE) test defined in the appropriate performance specification
using NIST traceable calibration standards to challenge the CEMS and
assess accuracy.
2.8 Rolling Average. The average emissions, based on some
(specified) time period, calculated every minute from a one-minute
average of four measurements taken at 15-second intervals.
3. QA/QC Requirements
3.1 QC Requirements. a. Each owner or operator must develop and
implement a QC program. At a minimum, each QC program must include
written procedures describing in detail complete, step-by-step
procedures and operations for the following activities.
1. Checks for component failures, leaks, and other abnormal
conditions.
2. Calibration of CEMS.
3. CD determination and adjustment of CEMS.
4. Integration of CEMS with the automatic waste feed cutoff (AWFCO)
system.
5. Preventive Maintenance of CEMS (including spare parts inventory).
6. Data recording, calculations, and reporting.
7. Checks of record keeping.
8. Accuracy audit procedures, including sampling and analysis
methods.
9. Program of corrective action for malfunctioning CEMS.
10. Operator training and certification.
11. Maintaining and ensuring current certification or naming of
cylinder gasses, metal solutions, and particulate samples used for audit
and accuracy tests, daily checks, and calibrations.
b. Whenever excessive inaccuracies occur for two consecutive
quarters, the current written procedures must be revised or the CEMS
modified or replaced to correct the deficiency causing the excessive
inaccuracies. These written procedures must be kept on record and
available for inspection by the enforcement agency.
3.2 QA Requirements. Each source owner or operator must develop and
implement a QA plan that includes, at a minimum, the following.
1. QA responsibilities (including maintaining records, preparing
reports, reviewing reports).
2. Schedules for the daily checks, periodic audits, and preventive
maintenance.
3. Check lists and data sheets.
4. Preventive maintenance procedures.
5. Description of the media, format, and location of all records and
reports.
6. Provisions for a review of the CEMS data at least once a year.
Based on the results of the review, the owner or operator must revise or
update the QA plan, if necessary.
4. CD and ZD Assessment and Daily System Audit
4.1 CD and ZD Requirement. Owners and operators must check, record,
and quantify the ZD and the CD at least once daily (approximately 24
hours) in accordance with the method prescribed by the manufacturer. The
CEMS calibration must, at a minimum, be adjusted whenever the daily ZD
or CD exceeds the limits in the Performance Specifications. If, on any
given ZD and/or CD check the ZD and/or CD exceed(s) two times the limits
in the Performance Specifications, or if the cumulative adjustment to
the ZD and/or CD (see Section 4.2) exceed(s) three times the limits in
the Performance Specifications, hazardous waste burning must immediately
cease and the CEMS must be serviced and recalibrated. Hazardous waste
burning cannot resume until the owner or operator documents that the
CEMS is in compliance with the Performance Specifications by carrying
out an ACA.
4.2 Recording Requirements for Automatic ZD and CD Adjusting
Monitors. Monitors that
[[Page 66]]
automatically adjust the data to the corrected calibration values must
record the unadjusted concentration measurement prior to resetting the
calibration, if performed, or record the amount of the adjustment.
4.3 Daily System Audit. The audit must include a review of the
calibration check data, an inspection of the recording system, an
inspection of the control panel warning lights, and an inspection of the
sample transport and interface system (e.g., flowmeters, filters, etc.)
as appropriate.
4.4 Data Recording and Reporting. All measurements from the CEMS
must be retained in the operating record for at least 5 years.
5. Performance Evaluation for CO, O2, and HC CEMS
Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon (HC)
CEMS. An Absolute Calibration Audit (ACA) must be conducted quarterly,
and a Relative Accuracy Test Audit (RATA) (if applicable, see sections
5.1 and 5.2) must be conducted yearly. An Interference Response Tests
must be performed whenever an ACA or a RATA is conducted. When a
performance test is also required under Sec. 63.1207 to document compliance
with emission standards, the RATA must coincide with the performance
test. The audits must be conducted as follows.
5.1 Relative Accuracy Test Audit (RATA). This requirement applies
to O2 and CO CEMS. The RATA must be conducted at least
yearly. Conduct the RATA as described in the RA test procedure (or
alternate procedures section) described in the applicable Performance
Specifications. In addition, analyze the appropriate performance audit
samples received from the EPA as described in the applicable sampling
methods.
5.2 Absolute Calibration Audit (ACA). The ACA must be conducted at
least quarterly except in a quarter when a RATA (if applicable, see
section 5.1) is conducted instead. Conduct an ACA as described in the
calibration error (CE) test procedure described in the applicable
Performance Specifications.
5.3 Interference Response Test. The interference response test must
be conducted whenever an ACA or RATA is conducted. Conduct an
interference response test as described in the applicable Performance
Specifications.
5.4 Excessive Audit Inaccuracy. If the RA from the RATA or the CE
from the ACA exceeds the criteria in the applicable Performance
Specifications, hazardous waste burning must cease immediately.
Hazardous waste burning cannot resume until the owner or operator takes
corrective measures and audit the CEMS with a RATA to document that the
CEMS is operating within the specifications.
6. Other Requirements
6.1 Performance Specifications. CEMS used by owners and operators
of HWCs must comply with the following performance specifications in
appendix B to part 60 of this chapter:
Table I: Performance Specifications for CEMS
------------------------------------------------------------------------
Performance
CEMS specification
------------------------------------------------------------------------
Carbon monoxide.......................................... 4B
Oxygen................................................... 4B
Total hydrocarbons....................................... 8A
------------------------------------------------------------------------
6.2 Downtime due to Calibration. Facilities may continue to burn
hazardous waste for a maximum of 20 minutes while calibrating the CEMS.
If all CEMS are calibrated at once, the facility must have twenty
minutes to calibrate all the CEMS. If CEMS are calibrated individually,
the facility must have twenty minutes to calibrate each CEMS. If the
CEMS are calibrated individually, other CEMS must be operational while
the individual CEMS is being calibrated.
6.3 Span of the CEMS.
6.3.1 CO CEMS. The CO CEM must have two ranges, a low range with a
span of 200 ppmv and a high range with a span of 3000 ppmv at an oxygen
correction factor of 1. A one-range CEM may be used, but it must meet
the performance specifications for the low range in the specified span
of the low range.
6.3.2 O2 CEMS. The O2 CEM must have a span of
25 percent. The span may be higher than 25 percent if the O2
concentration at the sampling point is greater than 25 percent.
6.3.3 HC CEMS. The HC CEM must have a span of 100 ppmv, expressed
as propane, at an oxygen correction factor of 1.
6.3.4 CEMS Span Values. When the Oxygen Correction Factor is
Greater than 2. When an owner or operator installs a CEMS at a location
of high ambient air dilution, i.e., where the maximum oxygen correction
factor as determined by the permitting agency is greater than 2, the
owner or operator must install a CEM with a lower span(s), proportionate
to the larger oxygen correction factor, than those specified above.
6.3.5 Use of Alternative Spans. Owner or operators may request
approval to use alternative spans and ranges to those specified.
Alternate spans must be approved in writing in advance by the
Administrator. In considering approval of alternative spans and ranges,
the Administrator will consider that measurements beyond the span will
be recorded as values at the maximum span for purposes of calculating
rolling averages.
[[Page 67]]
6.3.6 Documentation of Span Values. The span value must be
documented by the CEMS manufacturer with laboratory data.
6.4.1 Moisture Correction. Method 4 of appendix A, part 60 of this
chapter, must be used to determine moisture content of the stack gasses.
6.4.2 Oxygen Correction Factor. Measured pollutant levels must be
corrected for the amount of oxygen in the stack according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.022
Where:
Pc = concentration of the pollutant or standard corrected to
7 percent oxygen, dry basis;
Pm = measured concentration of the pollutant, dry basis;
E = volume fraction of oxygen in the combustion air fed into the device,
on a dry basis (normally 21 percent or 0.21 if only air is
fed);
Y = measured fraction of oxygen on a dry basis at the sampling point.
The oxygen correction factor is:
[GRAPHIC] [TIFF OMITTED] TR30SE99.023
6.4.3 Temperature Correction. Correction values for temperature are
obtainable from standard reference materials.
6.5 Rolling Average. A rolling average is the arithmetic average of
all one-minute averages over the averaging period.
6.5.1 One-Minute Average for CO and HHC CEMS. One-minute averages
are the arithmetic average of the four most recent 15-second
observations and must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JY00.004
Where:
c = the one minute average
ci = a fifteen-second observation from the CEM
Fifteen second observations must not be rounded or smoothed.
Fifteen-second observations may be disregarded only as a result of a
failure in the CEMS and allowed in the source's quality assurance plan
at the time of the CEMS failure. One-minute averages must not be
rounded, smoothed, or disregarded.
6.5.2 Ten Minute Rolling Average Equation. The ten minute rolling
average must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.025
Where:
CRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average
6.5.3 Hourly Rolling Average Equation for CO and THC CEMS and
Operating Parameter Limits. The rolling average, based on a specific
number integer of hours, must be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.026
Where:
cRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average
6.5.4 Averaging Periods for CEMS other than CO and THC. The
averaging period for CEMS other than CO and THC CEMS must be calculated
as a rolling average of all one-hour values over the averaging period.
An hourly average is comprised of 4 measurements taken at equally spaced
time intervals, or at most every 15 minutes. Fewer than 4 measurements
might be available within an hour for reasons such as facility downtime
or CEMS calibration. If at least two measurements (30 minutes of data)
are available, an hourly average must be calculated. The n-hour rolling
average is calculated by averaging the n most recent hourly averages.
6.6 Units of the Standards for the Purposes of Recording and
Reporting Emissions. Emissions must be recorded and reported expressed
after correcting for oxygen, temperature, and moisture. Emissions must
be reported in metric, but may also be reported in the English system of
units, at 7 percent oxygen, 20 C, and on a dry basis.
6.7 Rounding and Significant Figures. Emissions must be rounded to
two significant figures using ASTM procedure E-29-90 or its successor.
Rounding must be avoided prior to rounding for the reported value.
7. Bibliography
1. 40 CFR part 60, appendix F, ``Quality Assurance Procedures:
Procedure 1. Quality Assurance Requirements for Gas continuous Emission
Monitoring Systems Used For Compliance Determination''.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42301, July 10, 2000]
[[Page 68]]
Subpart FFF [Reserved]