[Code of Federal Regulations] [Title 40, Volume 6] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR60.39b] [Page 98-100] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of Contents Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994 Sec. 60.39b Reporting and recordkeeping guidelines and compliance schedules. (a) For approval, a State plan shall include the reporting and recordkeeping provisions listed in Sec. 60.59b of subpart Eb of this part, as applicable, except for the siting requirements under Sec. 60.59b(a), (b)(5), and (d)(11) of subpart Eb of this part. (b) Not later than December 19, 1996, each State in which a designated facility is located shall submit to the EPA Administrator a plan to implement and enforce all provisions of this subpart [[Page 99]] except those specified under Sec. 60.33b (a)(4), (b)(3), and (d)(3). The compliance schedule specified in this paragraph is in accordance with section 129(b)(2) of the Act and supersedes the compliance schedule provided in Sec. 60.23(a)(1) of subpart B of this part. (c) For approval, a State plan shall include the compliance schedules specified in paragraphs (c)(1) through (c)(5) of this section. (1) A State plan shall allow designated facilities to comply with all requirements of a State plan (or close) within 1 year after approval of the State plan, except as provided by paragraph (c)(1)(i) and (c)(1)(ii) of this section. (i) A State plan that allows designated facilities more than 1 year but less than 3 years following the date of issuance of a revised construction or operation permit, if a permit modification is required, or more than 1 year but less than 3 years following approval of the State plan, if a permit modification is not required, shall include measurable and enforceable incremental steps of progress toward compliance. Suggested measurable and enforceable activities are specified in paragraphs (c)(1)(i)(A) through (c)(1)(i)(J) of this section. (A) Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s); (B) Date for obtaining design drawings of the air pollution control device(s); (C) Date for submittal of permit modifications, if necessary; (D) Date for submittal of the final control plan to the Administrator. [Sec. 60.21 (h)(1) of subpart B of this part.]; (E) Date for ordering the air pollution control device(s); (F) Date for obtaining the major components of the air pollution control device(s); (G) Date for initiation of site preparation for installation of the air pollution control device(s); (H) Date for initiation of installation of the air pollution control device(s); (I) Date for initial startup of the air pollution control device(s); and (J) Date for initial performance test(s) of the air pollution control device(s). (ii) A State plan that allows designated facilities more than 1 year but up to 3 years after State plan approval to close shall require a closure agreement. The closure agreement must include the date of plant closure. (2) If the State plan requirements for a designated facility include a compliance schedule longer than 1 year after approval of the State plan in accordance with paragraph (c)(1)(i) or (c)(1)(ii) of this section, the State plan submittal (for approval) shall include performance test results for dioxin/furan emissions for each designated facility that has a compliance schedule longer than 1 year following the approval of the State plan, and the performance test results shall have been conducted during or after 1990. The performance test shall be conducted according to the procedures in Sec. 60.38b. (3) [Reserved] (4) A State plan shall require compliance with the municipal waste combustor operator training and certification requirements under Sec. 60.35b according to the schedule specified in paragraphs (c)(4)(i) through (c)(4)(iii) of this section. (i) [Reserved] (ii) For designated facilities, the State plan shall require compliance with the municipal waste combustor operator training and certification requirements specified under Sec. 60.54b (a) through (c) of subpart Eb of this part by the date 6 months after the date of startup or 12 months after State plan approval, whichever is later. (iii) For designated facilities, the State plan shall require compliance with the requirements specified in Sec. 60.54b (d), (f), and (g) of subpart Eb of this part no later than 6 months after startup or 12 months after State plan approval, whichever is later. (A) The requirement specified in Sec. 60.54b(d) of subpart Eb of this part does not apply to chief facility operators, shift supervisors, and control room operators who have obtained full certification from the American Society of Mechanical Engineers on or before the date of State plan approval. [[Page 100]] (B) The owner or operator of a designated facility may request that the EPA Administrator waive the requirement specified in Sec. 60.54b(d) of subpart Eb of this part for chief facility operators, shift supervisors, and control room operators who have obtained provisional certification from the American Society of Mechanical Engineers on or before the date of State plan approval. (C) The initial training requirements specified in Sec. 60.54b(f)(1) of subpart Eb of this part shall be completed no later than the date specified in paragraph (c)(4)(iii)(C)(1), (c)(4)(iii)(C)(2), or (c)(4)(iii)(C)(3), of this section whichever is later. (1) The date 6 months after the date of startup of the affected facility; (2) Twelve months after State plan approval; or (3) The date prior to the day when the person assumes responsibilities affecting municipal waste combustor unit operation. (5) A State plan shall require all designated facilities for which construction, modification, or reconstruction is commenced after June 26, 1987 to comply with the emission limit for mercury specified in Sec. 60.33b(a)(3) and the emission limit for dioxins/furans specified in Sec. 60.33b(c)(1) within 1 year following issuance of a revised construction or operation permit, if a permit modification is required, or within 1 year following approval of the State plan, whichever is later. (d) In the event no plan for implementing the emission guidelines is approved by EPA, all designated facilities meeting the applicability requirements under Sec. 60.32b shall be in compliance with all of the guidelines, except those specified under Sec. 60.33b (a)(4), (b)(3), and (d)(3), no later than December 19, 2000. (e) Not later than August 25, 1998, each State in which a designated facility is operating shall submit to the EPA Administrator a plan to implement and enforce all provisions of this subpart specified in Sec. 60.33b (a)(4), (b)(3), and (d)(3). (f) In the event no plan for implementing the emission guidelines is approved by EPA, all designated facilities meeting the applicability requirements under Sec. 60.32b shall be in compliance with all of the guidelines, including those specified under Sec. 60.33b (a)(4), (b)(3), and (d)(3), no later than August 26, 2002. [60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 1997]