[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: 40CFR60.39b] [Page 105-108] 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 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. [[Page 106]] (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. (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] Effective Date Note: At 71 FR 27333, May 10, 2006, Sec. 60.39b was amended by revising paragraphs (b), (c) introductory text, [[Page 107]] (c)(4)(iii)(B), (e), and adding paragraphs (g) and (h), effective July 10, 2006. For the convenience of the user, the revised and added text is set forth as follows: Sec. 60.39b Reporting and recordkeeping guidelines and compliance schedules. * * * * * (b) Except as provided in paragraph (e) of this section, not later than December 19, 1996, each State in which a designated facility is located shall submit to EPA a plan to implement and enforce all provisions of this subpart except the revised April 28, 2009 emission limits in Sec. 60.33b(a), (c), and (d). Not later than April 28, 2007, each State in which a designated facility is located shall submit to EPA a plan to implement and enforce all provisions of this subpart, as amended on May 10, 2006. The submittal schedule specified in this paragraph is in accordance with section 129(b)(2) of the Clean Air Act and applies instead of the schedule provided in Sec. 60.23(a)(1) of subpart B of this part. (c) For approval, a State plan that is submitted prior to May 10, 2006 shall include the compliance schedules specified in paragraphs (c)(1) through (c)(5) of this section. * * * * * (4) * * * (iii) * * * (B) The owner or operator of a designated facility may request that the 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 initial date of State plan approval. * * * * * (e) Not later than August 25, 1998, each State in which a designated facility is operating shall submit to EPA a plan to implement and enforce all provisions of this subpart specified in Sec. 60.33b(b)(3) and (d)(3) and the emission limit in paragraph (a)(4) that applies before April 28, 2009. * * * * * (g) For approval, a revised State plan submitted not later than April 28, 2007 in accordance with paragraph (b) of this section, shall include compliance schedules for meeting the revised April 28, 2009 emission limits in Sec. 60.33b(a), (c), and (d) and the revised testing provisions in Sec. 60.38b(b). (1) Compliance with the revised April 28, 2009 emission limits is required as expeditiously as practicable, but no later than April 28, 2009, except as provided in paragraph (g)(2) of this section. (2) The owner or operator of an affected facility who is planning an extensive emission control system upgrade may petition the Administrator for a longer compliance schedule and must demonstrate to the satisfaction of the Administrator the need for the additional time. If approved, the schedule may exceed the schedule in paragraph (g)(1) of this section, but cannot exceed May 10, 2011. (h) 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 the revised April 28, 2009 emission limits in Sec. 60.33b(a), (b), (c), (d), and Sec. 60.34b(a), and the revised testing provisions in Sec. 60.38b(b), no later than May 10, 2011. Table 1 to Subpart Cb of Part 60--Nitrogen Oxides Guidelines for Designated Facilities ------------------------------------------------------------------------ Before April 28, On and after April 2009, nitrogen 28, 2009, Municipal waste combustor oxides emission nitrogen oxides technology limit (parts per emission limit million by volume) (parts per million \a\ by volume) \a\ ------------------------------------------------------------------------ Mass burn waterwall............. 205............... 205. Mass burn rotary waterwall...... 250............... 210. Refuse-derived fuel combustor... 250............... 250. Fluidized bed combustor......... 180............... 180. Mass burn refractory combustors. No limit.......... No limit. ------------------------------------------------------------------------ \a\ Corrected to 7 percent oxygen, dry basis. [71 FR 27334, May 10, 2006] Effective Date Note: At 71 FR 27334, May 10, 2006, table 1 was added, effective July 10, 2006. [[Page 108]] Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for Existing Designated Facilities Included in an Emissions Averaging Plan at a Municipal Waste Combustor Plant b ------------------------------------------------------------------------ On and after Before April 28, April 28, 2009, 2009, nitrogen nitrogen oxides Municipal waste combustor oxides emission emission limit technology limit (parts per (parts per million by million by volume) \b\ volume) \a\ ------------------------------------------------------------------------ Mass burn waterwall............... 185 185 Mass burn rotary waterwall........ 220 190 Refuse-derived fuel combustor..... 230 230 Fluidized bed combustor........... 165 165 ------------------------------------------------------------------------ \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. [71 FR 27334, May 10, 2006] Effective Date Note: At 71 FR 27334, May 10, 2006, table 2 was added, effective July 10, 2006. Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor Operating Guidelines ------------------------------------------------------------------------ Carbon monoxide emissions levels Municipal waste combustor (parts per Averaging time technology million by (hrs) \b\ volume) \a\ ------------------------------------------------------------------------ Mass burn waterwall............... 100 4 Mass burn refractory.............. 100 4 Mass burn rotary refractory....... 100 24 Mass burn rotary waterwall........ 250 24 Modular starved air............... 50 4 Modular excess air................ 50 4 Refuse-derived fuel stoker........ 200 24 Fluidized bed, mixed fuel (wood/ 200 \c\ 24 refuse-derived fuel)............. Bubbling fluidized bed combustor.. 100 4 Circulating fluidized bed 100 4 combustor........................ Pulverized coal/refuse-derived 150 4 fuel mixed fuel-fired combustor.. Spreader stoker coal/refuse- 200 24 derived fuel mixed fuel-fired combustor........................ Semi-suspension refuse-derived 250 \c\ 24 fuel-fired combustor/wet refuse- derived fuel process conversion.. Spreader stoker fixed floor refuse- 250 \c\ 24 derived fuel-fired combustor/100 percent coal capable............. ------------------------------------------------------------------------ \a\ Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7 percent oxygen, dry basis. Calculated as an arithmetic average. \b\ Averaging times are 4-hour or 24-hour block averages. \c\ 24-hour block average, geometric mean. [71 FR 27334, May 10, 2006] Effective Date Note: At 71 FR 27334, May 10, 2006, table 3 was added, effective July 10, 2006.