[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.33b]

[Page 99-104]
 
                   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.  60.33b  Emission guidelines for municipal waste combustor metals, 
acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) For approval, a State plan shall include emission limits for 
particulate matter and opacity at least as protective as the emission 
limits for particulate matter and opacity specified in paragraphs 
(a)(1)(i) through (a)(1)(iii) of this section.
    (i) The emission limit for particulate matter contained in the gases 
discharged to the atmosphere from a designated facility is 27 milligrams 
per dry standard cubic meter, corrected to 7 percent oxygen.
    (ii) [Reserved]
    (iii) The emission limit for opacity exhibited by the gases 
discharged to the atmosphere from a designated facility is 10 percent 
(6-minute average).
    (2) For approval, a State plan shall include emission limits for 
cadmium and lead at least as protective as the emission limits for 
cadmium and lead specified in paragraphs (a)(2)(i) through (a)(2)(iv) of 
this section.
    (i) The emission limit for cadmium contained in the gases discharged 
to the atmosphere from a designated facility is 0.040 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) [Reserved]
    (iii) The emission limit for lead contained in the gases discharged 
to the atmosphere from a designated facility is 0.49 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (iv) [Reserved]
    (3) For approval, a State plan shall include emission limits for 
mercury at least as protective as the emission limits specified in this 
paragraph. The emission limit for mercury contained

[[Page 100]]

in the gases discharged to the atmosphere from a designated facility is 
0.080 milligrams per dry standard cubic meter or 15 percent of the 
potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent.
    (4) For approval, a State plan shall be submitted by August 25, 1998 
and shall include an emission limit for lead at least as protective as 
the emission limit for lead specified in this paragraph. The emission 
limit for lead contained in the gases discharged to the atmosphere from 
a designated facility is 0.44 milligrams per dry standard cubic meter, 
corrected to 7 percent oxygen.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) For approval, a State plan shall include emission limits for 
sulfur dioxide at least as protective as the emission limits for sulfur 
dioxide specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) [Reserved]
    (2) For approval, a State plan shall include emission limits for 
hydrogen chloride at least as protective as the emission limits for 
hydrogen chloride specified in paragraphs (b)(2)(i) and (b)(2)(ii) of 
this section.
    (i) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (ii) [Reserved]
    (3) For approval, a State plan shall be submitted by August 25, 1998 
and shall include emission limits for sulfur dioxide and hydrogen 
chloride at least as protective as the emission limits specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (c) The emission limits for municipal waste combustor organics, 
expressed as total mass dioxins/furans, are specified in paragraphs 
(c)(1) and (c)(2) of this section.
    (1) For approval, a State plan shall include an emission limit for 
dioxins/furans contained in the gases discharged to the atmosphere from 
a designated facility at least as protective as the emission limit for 
dioxins/furans specified in either paragraph (c)(1)(i) or (c)(1)(ii) of 
this section, as applicable.
    (i) The emission limit for designated facilities that employ an 
electrostatic precipitator-based emission control system is 60 nanograms 
per dry standard cubic meter (total mass), corrected to 7 percent 
oxygen.
    (ii) The emission limit for designated facilities that do not employ 
an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (2) [Reserved]
    (d) For approval, a State plan shall include emission limits for 
nitrogen oxides at least as protective as the emission limits listed in 
table 1 of this subpart for designated facilities. Table

[[Page 101]]

1 provides emission limits for the nitrogen oxides concentration level 
for each type of designated facility.

      Table 1--Nitrogen Oxides Guidelines for Designated Facilities
------------------------------------------------------------------------
                                                              Nitrogen
                                                               oxides
                                                              emission
           Municipal waste combustor technology             limit (parts
                                                             per million
                                                             by volume)
                                                                 \a\
------------------------------------------------------------------------
Mass burn waterwall.......................................          205
Mass burn rotary waterwall................................          250
Refuse-derived fuel combustor.............................          250
Fluidized bed combustor...................................          240
Mass burn refractory combustors...........................     no limit
------------------------------------------------------------------------
\a\ Corrected to 7 percent oxygen, dry basis.

    (1) A State plan may allow nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section.
    (i) The owner or operator of a municipal waste combustor plant may 
elect to implement a nitrogen oxides emissions averaging plan for the 
designated facilities that are located at that plant and that are 
subject to subpart Cb, except as specified in paragraphs (d)(1)(i)(A) 
and (d)(1)(i)(B) of this section.
    (A) Municipal waste combustor units subject to subpart Ea or Eb 
cannot be included in the emissions averaging plan.
    (B) Mass burn refractory municipal waste combustor units and other 
municipal waste combustor technologies not listed in paragraph 
(d)(1)(iii) of this section may not be included in the emissions 
averaging plan.
    (ii) The designated facilities included in the nitrogen oxides 
emissions averaging plan must be identified in the initial compliance 
report specified in Sec.  60.59b(f) or in the annual report specified in 
Sec.  60.59b(g), as applicable, prior to implementing the averaging 
plan. The designated facilities being included in the averaging plan may 
be redesignated each calendar year. Partial year redesignation is 
allowable with State approval.
    (iii) To implement the emissions averaging plan, the average daily 
(24-hour) nitrogen oxides emission concentration level for gases 
discharged from the designated facilities being included in the 
emissions averaging plan must be no greater than the levels specified in 
table 2 of this subpart. Table 2 provides emission limits for the 
nitrogen oxides concentration level for each type of designated 
facility.

   Table 2--Nitrogen Oxides Limits For Existing Designated Facilities
 Included in an Emissions Averaging Plan at a Municpial Waste Combustor
                                 Planta
------------------------------------------------------------------------
                                                              Nitrogen
                                                               oxides
                                                              emission
           Municipal waste combustor technology             limit (parts
                                                             per million
                                                             by volume)b
------------------------------------------------------------------------
Mass burn waterwall.......................................          185
Mass burn rotary waterwall................................          220
Refuse-derived fuel combustor.............................          230
Fluidized bed combustor...................................          220
------------------------------------------------------------------------
a Mass burn refractory municipal waste combustors and other MWC
  technologies not listed above may not be included in an emissions
  averaging plan.
b Corrected to 7 percent oxygen, dry basis.

    (iv) Under the emissions averaging plan, the average daily nitrogen 
oxides emissions specified in paragraph (d)(1)(iii) of this section 
shall be calculated using equation (1). Designated facilities that are 
offline shall not be included in calculating the average daily nitrogen 
oxides emission level.
[GRAPHIC] [TIFF OMITTED] TR19DE95.000

where:

NOX 24-hr=24-hr daily average nitrogen oxides emission 
concentration level for the emissions averaging plan (parts per million 
by volume corrected to 7 percent oxygen).
NOX i-hr=24-hr daily average nitrogen oxides emission 
concentration level for designated facility i (parts per million by 
volume, corrected to 7 percent oxygen), calculated according to the 
procedures in Sec.  60.58b(h) of this subpart.
Si=maximum demonstrated municipal waste combustor unit load 
for designated facility i (pounds per hour steam or feedwater flow as 
determined in the most recent dioxin/furan performance test).
h=total number of designated facilities being included in the daily 
emissions average.

    (v) For any day in which any designated facility included in the 
emissions averaging plan is offline, the owner or operator of the 
municipal

[[Page 102]]

waste combustor plant must demonstrate compliance according to either 
paragraph (d)(1)(v)(A) of this section or both paragraphs (d)(1)(v)(B) 
and (d)(1)(v)(C) of this section.
    (A) Compliance with the applicable limits specified in table 2 of 
this subpart shall be demonstrated using the averaging procedure 
specified in paragraph (d)(1)(iv) of this section for the designated 
facilities that are online.
    (B) For each of the designated facilities included in the emissions 
averaging plan, the nitrogen oxides emissions on a daily average basis 
shall be calculated and shall be equal to or less than the maximum daily 
nitrogen oxides emission level achieved by that designated facility on 
any of the days during which the emissions averaging plan was achieved 
with all designated facilities online during the most recent calendar 
quarter. The requirements of this paragraph do not apply during the 
first quarter of operation under the emissions averaging plan.
    (C) The average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(2) of this section shall 
not exceed the average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(1) of this section.
    (1) For all days during which the emissions averaging plan was 
implemented and achieved and during which all designated facilities were 
online, the average nitrogen oxides emissions shall be calculated. The 
average nitrogen oxides emissions (kilograms per day) shall be 
calculated on a calendar year basis according to paragraphs 
(d)(1)(v)(C)(1)(i) through (d)(1)(v)(C)(1)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec.  60.38b(a) and specified under Sec.  60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(1)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(1)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) For all days during which one or more of the designated 
facilities under the emissions averaging plan was offline, the average 
nitrogen oxides emissions shall be calculated. The average nitrogen 
oxides emissions (kilograms per day) shall be calculated on a calendar 
year basis according to paragraphs (d)(1)(v)(C)(2)(i) through 
(d)(1)(v)(C)(2)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec.  60.38b(a) and specified under Sec.  60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(2)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(2)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) A State plan may establish a program to allow owners or 
operators of municipal waste combustor plants to engage in trading of 
nitrogen oxides emission credits. A trading program must be approved by 
the Administrator before implementation.
    (3) For approval, a State plan shall be submitted by August 25, 1998 
and shall include emission limits for nitrogen

[[Page 103]]

oxides from fluidized bed combustors at least as protective as the 
emission limits listed in paragraphs (d)(3)(i) and (d)(3)(ii) of this 
section.
    (i) The emission limit for nitrogen oxides contained in the gases 
discharged to the atmosphere from a designated facility that is a 
fluidized bed combustor is 180 parts per million by volume, corrected to 
7 percent oxygen.
    (ii) If a State plan allows nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section, the 
emission limit for nitrogen oxides contained in the gases discharged to 
the atmosphere from a designated facility that is a fluidized bed 
combustor is 165 parts per million by volume, corrected to 7 percent 
oxygen.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997]

    Effective Date Note: At 71 FR 27333, May 10, 2006, Sec.  60.33b was 
amended by revising paragraphs (a) and (c); removing table 1 from 
paragraph (d) introductory text and table 2 from paragraph (d)(1)(iii); 
and revising paragraph (d)(2) and (d)(3) introductory text, effective 
July 10, 2006. For the convenience of the user, the revised text is set 
forth as follows:

Sec.  60.33b  Emission guidelines for municipal waste combustor metals, 
          acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) For approval, a State plan shall include emission limits for 
particulate matter and opacity at least as protective as the emission 
limits for particulate matter and opacity specified in paragraphs 
(a)(1)(i) through (a)(1)(iii) of this section.
    (i) Before April 28, 2009, the emission limit for particulate matter 
contained in the gases discharged to the atmosphere from a designated 
facility is 27 milligrams per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for 
particulate matter contained in the gases discharged to the atmosphere 
from a designated facility is 25 milligrams per dry standard cubic 
meter, corrected to 7 percent oxygen.
    (ii) [Reserved]
    (iii) The emission limit for opacity exhibited by the gases 
discharged to the atmosphere from a designated facility is 10 percent 
(6-minute average).
    (2) For approval, a State plan shall include emission limits for 
cadmium at least as protective as the emission limits for cadmium 
specified in paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
    (i) Before April 28, 2009, the emission limit for cadmium contained 
in the gases discharged to the atmosphere from a designated facility is 
40 micrograms per dry standard cubic meter, corrected to 7 percent 
oxygen. On and after April 28, 2009, the emission limit for cadmium 
contained in the gases discharged to the atmosphere from a designated 
facility is 35 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (ii) [Reserved]
    (3) For approval, a State plan shall include emission limits for 
mercury at least as protective as the emission limits specified in this 
paragraph. Before April 28, 2009, the emission limit for mercury 
contained in the gases discharged to the atmosphere from a designated 
facility is 80 micrograms per dry standard cubic meter or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent. On 
and after April 28, 2009, the emission limit for mercury contained in 
the gases discharged to the atmosphere from a designated facility is 50 
micrograms per dry standard cubic meter or 15 percent of the potential 
mercury emission concentration (85-percent reduction by weight), 
corrected to 7 percent oxygen, whichever is less stringent.
    (4) For approval, a State plan shall include an emission limit for 
lead at least as protective as the emission limit for lead specified in 
this paragraph. Before April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 440 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 400 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.

                                * * * * *

    (c) The emission limits for municipal waste combustor organics, 
expressed as total mass dioxin/furan, are specified in paragraphs (c)(1) 
and (c)(2) of this section.
    (1) For approval, a State plan shall include an emission limit for 
dioxin/furan contained in the gases discharged to the atmosphere from a 
designated facility at least as protective as the emission limit for 
dioxin/furan specified in paragraphs (c)(1)(i), (c)(1)(ii), and 
(c)(1)(iii) of this section, as applicable.
    (i) Before April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 60 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.

[[Page 104]]

    (ii) On and after April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 35 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (iii) The emission limit for designated facilities that do not 
employ an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (d) * * *
    (2) A State plan may establish a program to allow owners or 
operators of municipal waste combustor plants to engage in trading of 
nitrogen oxides emission credits. A trading program must be approved by 
EPA before implementation.
    (3) For approval, a State plan shall include emission limits for 
nitrogen oxides from fluidized bed combustors at least as protective as 
the emission limits listed in paragraphs (d)(3)(i) and (d)(3)(ii) of 
this section.

                                * * * * *