[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Rules and Regulations]
[Pages 76378-76405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30002]
[[Page 76377]]
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Part III
Environmental Protection Agency
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40 CFR Part 60
Emission Guidelines for Existing Small Municipal Waste Combustion
Units; Final Rule
Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 /
Rules and Regulations
[[Page 76378]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-6899-5]
RIN 2060-AI51
Emission Guidelines for Existing Small Municipal Waste Combustion
Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action reestablishes emission guidelines for existing
small municipal waste combustion (MWC) units. The emission guidelines
contain stringent emission limits for organics (dioxins/furans), metals
(cadmium, lead, mercury, and particulate matter), and acid gases
(hydrogen chloride, sulfur dioxide, and nitrogen oxides). Some of those
pollutants can cause toxic effects such as eye, nose, throat, and skin
irritation, and blood cell, heart, liver, and kidney damage. Emission
guidelines for small MWC units were originally promulgated in December
1995, but were vacated by the U.S. Court of Appeals for the District of
Columbia Circuit in March 1997. In response to the 1997 vacature, on
August 30, 1999, EPA proposed to reestablish emission guidelines for
small MWC units. The emission guidelines contained in this final rule
are equivalent to the 1995 emission guidelines for small MWC units.
DATES: Effective date. February 5, 2001.
The incorporation by reference of certain publications listed in
this rule are approved by the Director of the Office of the Federal
Register as of February 5, 2001.
Applicability date. The emission guidelines apply to small MWC
units that commenced construction on or before August 30, 1999.
ADDRESSES: Docket No. A-98-18 and associated Docket Nos. A-90-45 and A-
89-08 contain supporting information for the emission guidelines. The
dockets are available for public inspection and copying between 8:00
a.m. and 5:30 p.m., Monday through Friday, at EPA's Air and Radiation
Docket and Information Center (Mail Code-6102), 401 M Street SW,
Washington, DC 20460, or by calling (202) 260-7548. The dockets are
located at the above address in Room M-1500, Waterside Mall (ground
floor). A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Copland at (919) 541-5265,
Combustion Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711, e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Public Comments
Emission guidelines and companion new source performance standards
(NSPS) for small MWC units were proposed on August 30, 1999 (64 FR
47276), and 48 comment letters were received on the proposals. Verbal
comments were also received at the October 5, 1999 public hearing. The
comment letters and a transcript of the public hearing are available in
Docket No. A-98-18. A summary of and responses to the public comments
are contained in ``Small Municipal Waste Combustors: Background
Information Document for New Source Performance Standards and Emission
Guidelines-Public Comments and Responses (EPA-453/R-00-001).'' In
response to the public comments, EPA adjusted the final emission
guidelines where appropriate. A copy of the background information
document is located in Docket No. A-98-18.
World Wide Web
Electronic versions of this action, the regulatory text, and other
background information, including the response to comments document,
are available at the Technology Transfer Network web site (TTN Web)
that EPA has established for the emission guidelines for small MWC
units: ``http://www.epa.gov/ttn/uatw/129/mwc/rimwc2.html.'' For
assistance in downloading files, call the EPA's TTN Web Help Line at
(919) 541-5384.
Regulated Entities
No entities are directly regulated by this action because these are
emission guidelines. Additional State or Federal action is required for
implementation of the emission guidelines. However, adoption of State
or Federal plans implementing the emission guidelines will affect the
following categories of sources:
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Category NAICS codes SIC codes Examples of regulated entities
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Industry, Federal government, and State/local/ 562213, 4953 Solid waste combustors or incinerators
tribal governments. 92411 9511 at waste-to-energy facilities that
generate electricity or steam from
the combustion of garbage (typically
municipal waste); and solid waste
combustors or incinerators at
facilities that combust garbage
(typically municipal waste) and do
not recover energy from the waste.
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The above list is not intended to be exhaustive, but rather
provides a guide regarding the entities EPA expects to be regulated by
applicable State or Federal plans implementing the emission guidelines
for small MWC units. Not all facilities classified under the NAICS and
SIC codes will be affected. Other types of entities not listed could
also be affected. To determine whether your facility will be regulated
by State or Federal plans implementing the emission guidelines,
carefully examine the applicability criteria in Secs. 60.1550 through
60.1565 of the emission guidelines.
Judicial Review
Today's action of adopting a final rule for small MWC units
constitutes final administrative action on the proposed emission
guidelines for small MWC units. Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of this final rule is available only by
filing a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit by February 5, 2001. Under section
307(d)(7)(B) of the CAA, only an objection to this final rule that was
raised with reasonable specificity during the period for public comment
can be raised during judicial review. Moreover, under section 307(b)(2)
of the CAA, the requirements established by today's final action may
not be challenged separately in any civil or criminal proceeding
brought by EPA to enforce the requirements.
Organization of This Document
The following outline is provided to aid in locating information in
this preamble.
I. Background Information
II. Summary of the Emission Guidelines
A. Sources Regulated by the Emission Guidelines
[[Page 76379]]
B. Subcategorization of the Small MWC Unit Population
C. Pollutants Regulated by the Emission Guidelines
D. Format of the Emission Limits
E. Summary of the Emission Guidelines
III. Changes to the Emission Guidelines
IV. Impacts of the Emission Guidelines
A. Air Impacts
B. Cost and Economic Impacts
V. Companion Rule for New Small MWC Units
VI. Amendments to 40 CFR Part 60, Subpart B
VII. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 13132: Federalism
C. Executive Order 13084: Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
E. Unfunded Mandates Reform Act
F. Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Congressional Review Act
Abbreviations and Acronyms Used in This Document
ASME American Society of Mechanical Engineers
CFR Code of Federal Regulations
EIA Economic Impact Analysis
EPA U.S. Environmental Protection Agency
FR Federal Register
ICR Information Collection Request
kg/year Kilograms per year
MACT Maximum achievable control technology
Mg/year Megagrams per year
MSW Municipal solid waste
MWC Municipal waste combustion
NAICS North American Industrial Classification System
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
OP Office of Policy
Pub. L. Public Law
RFA Regulatory Flexibility Act
SBREFA Small Business Regulatory Enforcement Fairness Act
SIC Standard Industrial Classification
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act
U.S. United States
U.S.C. United States Code
I. Background Information
On December 19, 1995, EPA promulgated emission guidelines for large
and small MWC units under 40 CFR part 60, subpart Cb. The emission
guidelines covered existing MWC units located at plants with an
aggregate plant combustion capacity greater than 35 megagrams per day
of municipal solid waste (MSW)(approximately 39 tons per day of MSW).
The 1995 emission guidelines divided the MWC unit population into MWC
units located at large MWC plants and MWC units located at small MWC
plants. Plant size was based on the total aggregate capacity of all
individual MWC units at a MWC plant.
Litigation followed the promulgation of the 1995 emission
guidelines. In 1997, the U.S. Court of Appeals for the District of
Columbia Circuit ruled that EPA must develop regulations for small MWC
units (units with an individual MWC capacity of 250 tons per day or
less) separately from regulations for large MWC units (units with an
individual MWC unit capacity greater than 250 tons per day), indicating
that the 1995 emission guidelines were not consistent with section 129
of the CAA. The court directed EPA to revise the 1995 emission
guidelines so that they applied only to large MWC units, and the court
vacated the 1995 emission guidelines as they applied to small MWC
units. In response to the court ruling, EPA amended the 1995 emission
guidelines on August 25, 1997 so that they applied only to existing
large MWC units. Then, on August 30, 1999, EPA proposed emission
guidelines for small MWC units with an individual unit capacity of 35
to 250 tons per day.
Today's final rule reestablishes emission guidelines for existing
small MWC units with capacities of 35 to 250 tons per day of MSW under
40 CFR part 60, subpart BBBB.
II. Summary of the Emission Guidelines
The following summarizes the final emission guidelines for small
MWC units, including identification of the subcategories used in the
final emission guidelines. Overall, the emission guidelines for small
MWC units are equivalent to the 1995 emission guidelines for small MWC
units.
A. Sources Regulated by the Emission Guidelines
Today's emission guidelines do not directly regulate any MWC units,
but they require States to develop plans to limit air emissions from
existing small MWC units. In subpart BBBB and in associated State
plans, the emission limits and requirements will apply to each existing
small MWC unit that has a design combustion capacity of 35 to 250 tons
per day of MSW and commenced construction on or before August 30, 1999.
Small MWC units that commenced construction after August 30, 1999 are
not covered under the emission guidelines (subpart BBBB). Those units
will be subject to the NSPS for new small MWC units (subpart AAAA)
which are published separately in today's Federal Register.
B. Subcategorization of the Small MWC Unit Population
Within the emission guidelines, the small MWC unit population is
subcategorized based on aggregate capacity of the plant where the
individual small MWC unit is located. The resulting subcategories are
as follows: Class I units are small MWC units located at plants with an
aggregate plant capacity greater than 250 tons per day of MSW; Class II
units are small MWC units located at plants with an aggregate plant
capacity less than or equal to 250 tons per day of MSW.
C. Pollutants Regulated by the Emission Guidelines
Section 129 of the CAA requires EPA to establish numerical emission
limits for dioxins/furans, cadmium, lead, mercury, particulate matter,
opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides, and carbon
monoxide. Section 129 specifies that EPA may also:
* * * promulgate numerical emission limitations or provide for the
monitoring of post-combustion concentrations of surrogate
substances, parameters, or periods of residence times in excess of
stated temperatures with respect to pollutants other than those
listed [above] * * *.
Therefore, in addition to emission limits, EPA is establishing
requirements for MWC unit operating load, flue gas temperature at the
particulate matter control device inlet, and carbon feed rate as part
of the good combustion practice requirements. The EPA is also
establishing requirements for the control of fugitive ash emissions.
All of those requirements were contained in the 1995 emission
guidelines.
D. Format of the Emission Limits
The format of the emission limits is identical to the format of the
emission limits in the 1995 emission guidelines: emission limits based
on pollutant concentration. Alternative percentage reduction
requirements are provided for mercury, sulfur dioxide, and hydrogen
chloride. Opacity and fugitive ash requirements are the same as the
1995 emission guidelines. In addition to controlling stack emissions,
the emission guidelines incorporate good combustion practice
requirements (i.e., operator training, operator certification, and MWC
unit operating requirements).
[[Page 76380]]
E. Summary of the Emission Guidelines
A concise summary of the emission guidelines can be found in Tables
2 through 4 of subpart BBBB.
III. Changes to the Emission Guidelines
For the majority of small MWC units that will be subject to
emission guideline requirements, the final emission guidelines are
identical to the emission guidelines proposed in August 1999. However,
one change made in the final emission guidelines affects requirements
for about five MWC plants. That change is summarized in the following
three paragraphs and is also discussed in the background information
document described earlier under ``Public Comments.''
In the proposal, different emission limits were proposed for MWC
units in Class A and Class B. Class A MWC units were nonrefractory MWC
units located at MWC plants with an aggregate plant capacity greater
than 250 tons per day. Class B MWC units were refractory units located
at MWC plants with an aggregate plant capacity greater than 250 tons
per day. The 1999 proposal included different emission limits for Class
A and Class B units because it had been brought to EPA's attention that
different flue gas flow rates per ton of MSW combusted were expected to
occur at Class A and Class B units. The 1995 emission guidelines did
not make the distinction in flue gas flow rates and treated Class A and
Class B units as a combined class with the same requirements.
Some comments on the proposal indicated that the proposed
subcategorization with different control requirements for Class A and
Class B was appropriate. However, other comments on the proposal
indicated that the technical bases for the Class A and Class B
subcategorization was no longer valid for today's MWC units and the
subcategory was inappropriate. The EPA reanalyzed the issue and has
concluded that the flue gas flow rates for Class A and Class B MWC
units are not significantly different. As a result, the Class A units
and the Class B units are combined into a single Class I category in
the final emission guidelines as had been done in the 1995 emission
guidelines.
Maximum achievable control technology (MACT) floors were then
calculated for the Class I units, and then new MACT limits were
selected. Uniform emission limits now apply to all Class I MWC units.
With the exception of nitrogen oxides, the final emission limits for
Class I units are identical to the 1995 emission limits for Class I
units. The full set of final emission limits for Class I and Class II
can be found in Tables 2, 3 and 4 of Subpart BBBB. See the background
information document for a discussion of other comments on the proposed
emission guidelines.
IV. Impacts of the Emission Guidelines
The following describes the impacts (i.e., air, water, solid waste,
energy, cost, and economic impacts) of the emission guidelines for
small MWC units. The impact analysis conducted to evaluate the 1995
emission guidelines still applies because the air pollution control
requirements in the final emission guidelines are the same as the 1995
emission guidelines. The 1995 analysis is available at 59 FR 48228. The
discussion in this preamble focuses only on the air, cost, and economic
impacts of the final emission guidelines.
As discussed in the preamble for the 1995 emission guidelines, EPA
determined that the water, solid waste, and energy impacts associated
with the emission guidelines were not significant. Today's action
affects only a subset of the MWC units that were addressed in the
earlier impact analysis. Accordingly, EPA has concluded that the water,
solid waste, and energy impacts associated with today's action are not
significant.
For further information on the impacts of the emission guidelines,
refer to ``Economic Impact Analysis (EIA): Small Municipal Waste
Combustion Units--Emission Guidelines and New Source Performance
Standards'' March 2000 (EPA-452/R-00-001).
A. Air Impacts
As discussed in the EIA, the EPA estimates that 90 small MWC units
operating at 41 plants will be affected by the emission guidelines. The
total MSW combustion capacity of the 90 units was 8,551 tons per day in
1998.
Table 1 of this preamble presents the national air emission
reductions for existing small MWC units that will result from full
implementation of the emission guidelines compared to 1998 baseline
levels without the emission guidelines.
Table 1.--National Air Emission Impacts of the Emission Guidelines for
Small MWC Units
------------------------------------------------------------------------
Emission
Pollutant Air emissions reduction level a
------------------------------------------------------------------------
Dioxins/Furans\b\................. 2.7 kg/year.............. 97
Cadmium........................... 310 kg/year.............. 85
Lead.............................. 12.9 Mg/year............. 92
Mercury........................... 4.1 Mg/year.............. 95
Particulate Matter................ 369 Mg/year.............. 77
Sulfur Dioxide.................... 1,368 Mg/year............ 56
Hydrogen Chloride................. 2,456 Mg/year............ 88
Nitrogen Oxides................... 384 Mg/year.............. 9
------------------------------------------------------------------------
a Percent reduction from 1998 baseline.
b Percent national emission reduction relative to national baseline
emissions that would occur in the absence of the emission guidelines.
c Total mass of tetra-through octachlorinated dibenzo-p-dioxins and
dibenzofurans.
B. Cost and Economic Impacts
To estimate the costs of the emission guidelines, EPA has taken
into account all of the existing air pollution control equipment
currently in operation at small MWC units. The cost estimates presented
here are incremental costs over the control equipment already in use.
For more details on the cost and economic analysis, refer to the EIA.
The total annual cost (including annualized capital and operating
costs) of the final emission guidelines would be approximately $68
million, which is equivalent to $25.30 per ton of MSW combusted.
V. Companion Rule for New Small MWC Units
A companion rule to reestablish NSPS for new small MWC units is
being published separately in today's Federal Register. The NSPS for
new small MWC units are contained in 40 CFR part 60, subpart AAAA.
VI. Amendments to 40 CFR Part 60, Subpart B
Also included in today's Federal Register is a rule to amend
subpart B of part 60, ``Adoption and Submittal of State Plans for
Designated Facilities.'' The EPA proposed two amendments to subpart B,
which are fully described in the proposal to reestablish emission
guidelines for small MWC units (64 FR 47241). The EPA received no
comments on the amendments to subpart B; therefore, the amendments are
being promulgated as proposed.
VII. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action
[[Page 76381]]
is ``significant,'' and, therefore, subject to Office of Management and
Budget (OMB) review and the requirements of the Executive Order. The
Executive Order defines ``significant regulatory action'' as one that
is likely to lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, EPA has determined
that this final rule is not a ``significant regulatory action'' and,
therefore, is not subject to OMB review. The EPA submitted the 1995
rulemaking package (which included requirements for new and existing
large MWC units and requirements for new and existing small MWC units)
to OMB for review (60 FR 65405, December 19, 1995) and OMB approved the
rulemaking package for adoption. The emission guidelines promulgated
today only apply to small MWC units and are projected to have an impact
of approximately $68 million annually.
B. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State
law, unless EPA consults with State and local officials early in the
process of developing the proposed regulation.
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, because State plans are used to
implement the rule. Thus, the requirements of section 6 of the
Executive Order do not apply to this final rule. Although section 6 of
Executive Order 13132 does not apply to this final rule, EPA did
consult with State and local officials in developing this final rule. A
list of those consultations is provided in the preamble to the 1995
emission guidelines (60 FR 65405-65412, December 19, 1995).
C. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's final rule does not significantly or uniquely affect the
communities of Indian tribal governments. The EPA is not aware of any
small MWC units located in Indian territory. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this final rule.
D. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, EPA must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by EPA.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This final rule is not
subject to Executive Order 13045 because it is not economically
significant as defined in Executive Order 12866. Further, it is based
on technology performance and not on health and safety risks.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, or tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, or tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating a rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final
[[Page 76382]]
rule an explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that the emission guidelines do not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, or tribal governments, in the aggregate, or the
private sector in any 1 year. The EIA shows that the total annual costs
of the emission guidelines is about $68 million per year, starting on
the 5th year after the rule is promulgated. Thus, today's emission
guidelines are not subject to the requirements of sections 202 and 205
of the UMRA. Although the emission guidelines are not subject to UMRA,
EPA prepared a cost-benefit analysis under section 202 of the UMRA for
the 1995 emission guidelines. For a discussion of how EPA complied with
the UMRA for the 1995 emission guidelines, including its extensive
consultations with State and local governments, see the preamble to the
1995 emission guidelines. Because today's final emission guidelines are
equivalent to the 1995 emission guidelines, no additional consultations
were necessary.
F. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's final rule on
small entities, a small entity is defined as: (1) A small business in
the regulated industry that has a gross annual revenue less than $6
million; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, EPA has determined that this action will not have a
significant economic impact on a substantial number of small entities.
The EPA has determined in a regulatory flexibility analysis that eight
existing small MWC units (operated by one small business and seven
small governments) that would be subject to the emission guidelines are
considered ``small entities'' according to the Small Business
Administration's definitions for the affected industries. Also in the
initial analysis, EPA calculated compliance costs as a percentage of
sales for business and a percentage of income (total household income)
for the relevant population of owning governments for the MWC units
that are considered small entities. The estimated annual compliance
cost as a percentage of income is 0.03 percent for the seven small
potentially affected government entities and 39 percent for the one
small business. For the seven potentially affected government entities,
the maximum compliance cost was 0.25 percent. None of the governmental
impacts are considered significant. The impact on the one small
business is considered significant but one small business is not a
substantial number of entities.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA has tried to
reduce the impact of this final rule on small entities by establishing
different requirements for Class I and Class II MWC units and
establishing provisions for less frequent testing for Class II MWC
units. In addition, EPA involved representatives of small entities in
the development of the emission guidelines.
G. Paperwork Reduction Act
The OMB has approved the information collection requirements in the
emission guidelines under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0424.
The information will be used to ensure that the small MWC unit
requirements are implemented properly and are complied with on a
continuous basis. Records and reports are necessary to identify small
MWC units that might not be in compliance with the emission guidelines.
Based on reported information, the implementing agency will decide
which small MWC units should be inspected and what records or processes
should be inspected. Records that owners and operators of small MWC
units maintain indicate whether personnel are operating and maintaining
control equipment properly.
The recordkeeping and reporting requirements are specifically
authorized by section 114 of the CAA (42 U.S.C. 7414). All information
submitted to the EPA for which a claim of confidentiality is made will
be safeguarded according to EPA policies in 40 CFR part 2, subpart B,
Confidentiality of Business Information.
The emission guidelines are projected to affect approximately 90
small MWC units located at 41 plants. The estimated average annual
burden for industry for the first 3 years after promulgation of the
emission guidelines would be 1,297 person-hours annually. There will be
no capital costs for monitoring or recordkeeping during the first 3
years. The estimated average annual burden, over the first 3 years, for
the implementing agency would be 773 hours with a cost of $30,869
(including travel expenses) per year.
Burden means total time, effort, or financial resources expended by
persons to generate, maintain, retain, disclose, or provide information
to or for a Federal agency. That includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The EPA
is amending the table in 40 CFR part 9 of currently approved
information collection request (ICR) control numbers issued by OMB for
various regulations to list the information collection requirements
contained in this final rule.
[[Page 76383]]
H. National Technology Transfer and Advancement Act
As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No.
104-113, section 12(d) (15 U.S.C. 272 note), directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus standards
bodies. The NTTAA directs EPA to provide Congress, through annual
reports to OMB, explanations when EPA decides not to use available and
applicable voluntary consensus standards.
Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards applicable to the small MWC emission
guidelines that could be used in process and emissions monitoring. The
search for emissions monitoring procedures identified 29 voluntary
consensus standards that initially appeared to have possible use in
lieu of EPA standard reference methods. After reviewing the available
standards, EPA determined that 21 of the candidate consensus standards
identified for measuring emissions or surrogates subject to emission
standards in the final rule would not be practical due to lack of
equivalency, documentation, validation data and other important
technical and policy considerations. The seven remaining candidate
consensus standards are under development or currently under EPA
review. The EPA plans to follow, review and consider adopting those
standards after their development and further review by EPA is
completed.
One consensus standard, American Society for Testing and Materials
(ASTM) D6216-98, is practical for EPA use in EPA Performance
Specification 1 (PS-1) (40 CFR part 60, appendix B). The ASTM D6216 can
best be used in place of the design specification verification
procedures currently in sections 5 and 6 of PS-1. On September 23,
1998, EPA proposed incorporating by reference ASTM D6216-98 under a
separate rulemaking (63 FR 50824). Comments from the proposal have been
addressed, and EPA expects to complete that action in the near future.
For the above reasons, EPA does not in this final rulemaking adopt ASTM
D6216-98 in lieu of PS-1 requirements as it would be impractical for
EPA to act independently from another rulemaking activity already
undergoing promulgation, and because ASTM D6216 does not address all of
the requirements specified in PS-1.
The EPA also conducted searches to identify voluntary consensus
standards for process monitoring and process operation. Candidate
voluntary consensus standards for process monitoring and process
operation were identified for MWC unit load level (steam output);
designing, constructing, installing, calibrating, and using nozzles and
orifices; and MWC plant operator certification requirements.
One consensus standard by the American Society of Mechanical
Engineers (ASME) was identified for potential use in this final rule
for the measurement of MWC unit load level (steam output). The EPA
believes the standard is practical to use in this final rule as the
method to measure MWC unit load. The EPA has already incorporated by
reference ``ASME Power Test Codes: Test Code for Steam Generating
Units, Power Test Code 4.1--1964 (R1991)'' in 40 CFR 60.17(h)(3).
A second consensus standard by ASME was identified for potential
use in this final rule for designing, constructing, installing,
calibrating, and using nozzles and orifices. The EPA believes the
standard is practical to use for the design, construction,
installation, calibration, and use of nozzles and orifices. The EPA has
already incorporated by reference ``American Society of Mechanical
Engineers Interim Supplement 19.5 on Instruments and Apparatus:
Application, Part II of Fluid Meters, 6th edition (1971)'' in 40 CFR
60.17(h)(3).
A third consensus standard by ASME (QRO-1-1994) was identified for
potential use in this final rule for MWC plant operator certification
requirements instead of developing new operator certification
procedures. The EPA believes the standard is practical to use in the
emission guidelines that require a chief facility operator and shift
supervisor to successfully complete the operator certification
procedures developed by ASME. The EPA has already incorporated by
reference (QRO-1-1994) in 40 CFR 60.17(h)(1).
Tables 5, 6 and 7 of subpart BBBB list the EPA testing methods and
performance standards included in this final rule. Most of the
standards have been used by States and industry for more than 10 years.
Nevertheless, under Sec. 60.8 of subpart A of part 60, the standard
also allows any State or source to apply to EPA for permission to use
alternative methods in place of any of the EPA testing methods or
performance standards listed in the final rule.
I. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this final rule and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). This final rule will be effective
February 5, 2001.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Municipal waste
combustion, Reporting and recordkeeping requirements.
Dated: November 3, 2000.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
60 of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401-7601.
Subpart A--General Provisions
2. Section 60.17 is amended by revising paragraphs (h)(1), (h)(2)
and (h)(3) to read as follows:
Sec. 60.17 Incorporations by reference.
* * * * *
(h) * * *
(1) ASME QRO-1-1994, Standard for the Qualification and
Certification of Resource Recovery Facility Operators, IBR approved for
Secs. 60.56a, 60.54b(a), 60.54b(b), 60.1675(a), and 60.1675(c)(2).
(2) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: Test
Code for Steam Generating Units (with 1968 and 1969 Addenda), IBR
approved for Secs. 60.46b, 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), and
60.1810(a)(3).
[[Page 76384]]
(3) ASME Interim Supplement 19.5 on Instruments and Apparatus:
Application, Part II of Fluid Meters, 6th Edition (1971), IBR approved
for Secs. 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), and 60.1810(a)(4).
* * * * *
Subpart B--Adoption and Submittal of State Plans for Designated
Facilities
3. Section 60.24 is amended by revising paragraph (e)(1) to read as
follows:
Sec. 60.24 Emission standards and compliance schedules.
* * * * *
(e)(1) Any compliance schedule extending more than 12 months from
the date required for submittal of the plan must include legally
enforceable increments of progress to achieve compliance for each
designated facility or category of facilities. Unless otherwise
specified in the applicable subpart, increments of progress must
include, where practicable, each increment of progress specified in
Sec. 60.21(h) and must include such additional increments of progress
as may be necessary to permit close and effective supervision of
progress toward final compliance.
* * * * *
4. Section 60.27 is amended by revising paragraph (f) to read as
follows:
Sec. 60.27 Actions by the Administrator.
* * * * *
(f) Prior to promulgation of a plan under paragraph (d) of this
section, the Administrator will provide the opportunity for at least
one public hearing in either:
(1) Each State that failed to hold a public hearing as required by
Sec. 60.23(c); or
(2) Washington, DC or an alternate location specified in the
Federal Register.
4. Part 60 is amended by adding a new subpart BBBB to read as
follows:
Subpart BBBB--Emission Guidelines and Compliance Times for Small
Municipal Waste Combustion Units Constructed on or Before August
30, 1999
Introduction
Sec.
60.1500 What is the purpose of this subpart?
60.1505 Am I affected by this subpart?
60.1510 Is a State plan required for all States?
60.1515 What must I include in my State plan?
60.1520 Is there an approval process for my State plan?
60.1525 What if my State plan is not approvable?
60.1530 Is there an approval process for a negative declaration
letter?
60.1535 What compliance schedule must I include in my State plan?
60.1540 Are there any State plan requirements for this subpart
that supersede the requirements specified in subpart B?
60.1545 Does this subpart directly affect municipal waste
combustion unit owners and operators in my State?
Applicability of State Plans
60.1550 What municipal waste combustion units must I address in my
State plan?
60.1555 Are any small municipal waste combustion units exempt from
my State plan?
60.1560 Can an affected municipal waste combustion unit reduce its
capacity to less than 35 tons per day rather than comply with my
State plan?
60.1565 What subcategories of small municipal waste combustion
units must I include in my State plan?
Use of Model Rule
60.1570 What is the ``model rule'' in this subpart?
60.1575 How does the model rule relate to the required elements of
my State plan?
60.1580 What are the principal components of the model rule?
Model Rule--Increments of Progress
60.1585 What are my requirements for meeting increments of
progress and achieving final compliance?
60.1590 When must I complete each increment of progress?
60.1595 What must I include in the notifications of achievement of
my increments of progress?
60.1600 When must I submit the notifications of achievement of
increments of progress?
60.1605 What if I do not meet an increment of progress?
60.1610 How do I comply with the increment of progress for
submittal of a control plan?
60.1615 How do I comply with the increment of progress for
awarding contracts?
60.1620 How do I comply with the increment of progress for
initiating onsite construction?
60.1625 How do I comply with the increment of progress for
completing onsite construction?
60.1630 How do I comply with the increment of progress for
achieving final compliance?
60.1635 What must I do if I close my municipal waste combustion
unit and then restart my municipal waste combustion unit?
60.1640 What must I do if I plan to permanently close my municipal
waste combustion unit and not restart it?
Model Rule--Good Combustion Practices: Operator Training
60.1645 What types of training must I do?
60.1650 Who must complete the operator training course? By when?
60.1655 Who must complete the plant-specific training course?
60.1660 What plant-specific training must I provide?
60.1665 What information must I include in the plant-specific
operating manual?
60.1670 Where must I keep the plant-specific operating manual?
Model Rule--Good Combustion Practices: Operator Certification
60.1675 What types of operator certification must the chief
facility operator and shift supervisor obtain and by when must they
obtain it?
60.1680 After the required date for operator certification, who
may operate the municipal waste combustion unit?
60.1685 What if all the certified operators must be temporarily
offsite?
Model Rule--Good Combustion Practices: Operating Requirements
60.1690 What are the operating practice requirements for my
municipal waste combustion unit?
60.1695 What happens to the operating requirements during periods
of startup, shutdown, and malfunction?
Model Rule--Emission Limits
60.1700 What pollutants are regulated by this subpart?
60.1705 What emission limits must I meet? By when?
60.1710 What happens to the emission limits during periods of
startup, shutdown, and malfunction?
Model Rule--Continuous Emission Monitoring
60.1715 What types of continuous emission monitoring must I
perform?
60.1720 What continuous emission monitoring systems must I install
for gaseous pollutants?
60.1725 How are the data from the continuous emission monitoring
systems used?
60.1730 How do I make sure my continuous emission monitoring
systems are operating correctly?
60.1735 Am I exempt from any appendix B or appendix F requirements
to evaluate continuous emission monitoring systems?
60.1740 What is my schedule for evaluating continuous emission
monitoring systems?
60.1745 What must I do if I choose to monitor carbon dioxide
instead of oxygen as a diluent gas?
60.1750 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is the
data collection requirement enforceable?
60.1755 How do I convert my 1-hour arithmetic averages into
appropriate averaging times and units?
[[Page 76385]]
60.1760 What is required for my continuous opacity monitoring
system and how are the data used?
60.1765 What additional requirements must I meet for the operation
of my continuous emission monitoring systems and continuous opacity
monitoring system?
60.1770 What must I do if any of my continuous emission monitoring
systems are temporarily unavailable to meet the data collection
requirements?
Model Rule--Stack Testing
60.1775 What types of stack tests must I conduct?
60.1780 How are the stack test data used?
60.1785 What schedule must I follow for the stack testing?
60.1790 What test methods must I use to stack test?
60.1795 May I conduct stack testing less often?
60.1800 May I deviate from the 13-month testing schedule if
unforeseen circumstances arise?
Model Rule--Other Monitoring Requirements
60.1805 Must I meet other requirements for continuous monitoring?
60.1810 How do I monitor the load of my municipal waste combustion
unit?
60.1815 How do I monitor the temperature of flue gases at the
inlet of my particulate matter control device?
60.1820 How do I monitor the injection rate of activated carbon?
60.1825 What is the minimum amount of monitoring data I must
collect with my continuous parameter monitoring systems and is the
data collection requirement enforceable?
Model Rule--Recordkeeping
60.1830 What records must I keep?
60.1835 Where must I keep my records and for how long?
60.1840 What records must I keep for operator training and
certification?
60.1845 What records must I keep for stack tests?
60.1850 What records must I keep for continuously monitored
pollutants or parameters?
60.1855 What records must I keep for municipal waste combustion
units that use activated carbon?
Model Rule--Reporting
60.1860 What reports must I submit and in what form?
60.1865 What are the appropriate units of measurement for
reporting my data?
60.1870 When must I submit the initial report?
60.1875 What must I include in my initial report?
60.1880 When must I submit the annual report?
60.1885 What must I include in my annual report?
60.1890 What must I do if I am out of compliance with the
requirements of this subpart?
60.1895 If a semiannual report is required, when must I submit it?
60.1900 What must I include in the semiannual out-of-compliance
reports?
60.1905 Can reporting dates be changed?
Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard Waste
60.1910 What is an air curtain incinerator?
60.1915 What is yard waste?
60.1920 What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?
60.1925 How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?
60.1930 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?
Equations
60.1935 What equations must I use?
Definitions
60.1940 What definitions must I know?
Tables
Table 1 of Subpart BBBB--Model Rule--Compliance Schedules and
Increments of Progress
Table 2 of Subpart BBBB--Model Rule--Class I Emission Limits For
Existing Small Municipal Waste Combustion Units
Table 3 of Subpart BBBB--Model Rule--Class I Nitrogen Oxides Emission
Limits For Existing Small Municipal Waste Combustion Units
Table 4 of Subpart BBBB--Model Rule--Class II Emission Limits For
Existing Small Municipal Waste Combustion Units
Table 5 of Subpart BBBB--Model Rule--Carbon Monoxide Emission Limits
For Existing Small Municipal Waste Combustion Units
Table 6 of Subpart BBBB--Model Rule--Requirements for Validating
Continuous Emission Monitoring Systems (CEMS)
Table 7 of Subpart BBBB--Model Rule--Requirements for Continuous
Emission Monitoring Systems (CEMS)
Table 8 of Subpart BBBB--Model Rule--Requirements for Stack Tests
Introduction
Sec. 60.1500 What is the purpose of this subpart?
This subpart establishes emission guidelines and compliance
schedules for the control of emissions from existing small municipal
waste combustion units. The pollutants addressed by the emission
guidelines are listed in Tables 2, 3, 4, and 5 of this subpart. The
emission guidelines are developed in accordance with sections 111(d)
and 129 of the Clean Air Act (CAA) and subpart B of this part.
Sec. 60.1505 Am I affected by this subpart?
(a) If you are the Administrator of an air quality program in a
State or United States protectorate with one or more existing small
municipal waste combustion units that commenced construction on or
before August 30, 1999, you must submit a State plan to the U.S.
Environmental Protection Agency (EPA) that implements the emission
guidelines contained in this subpart.
(b) You must submit the State plan to EPA by December 6, 2001.
Sec. 60.1510 Is a State plan required for all States?
No, you are not required to submit a State plan if there are no
existing small municipal waste combustion units in your State and you
submit a negative declaration letter in place of the State plan.
Sec. 60.1515 What must I include in my State plan?
(a) Include nine items:
(1) Inventory of affected municipal waste combustion units,
including those that have ceased operation but have not been
dismantled.
(2) Inventory of emissions from affected municipal waste combustion
units in your State.
(3) Compliance schedules for each affected municipal waste
combustion unit.
(4) Good combustion practices and emission limits for affected
municipal waste ombustion units that are at least as protective as the
emission guidelines contained in this subpart.
(5) Stack testing, continuous emission monitoring, recordkeeping,
and reporting requirements.
(6) Certification that the hearing on the State plan was held, a
list of witnesses and their organizational affiliations, if any,
appearing at the hearing, and a brief written summary of each
presentation or written submission.
(7) Provision for State progress reports to EPA.
(8) Identification of enforceable State mechanisms that you
selected for implementing the emission guidelines of this subpart.
(9) Demonstration of your State's legal authority to carry out the
CAA sections 111(d) and 129 State plan.
(b) Your State plan can deviate from the format and content of the
emission guidelines contained in this subpart. However, if your State
plan does deviate, you must demonstrate that your State plan is as
protective as the emission guidelines contained in this subpart. Your
State plan must address
[[Page 76386]]
regulatory applicability, increments of progress for retrofit, operator
training and certification, operating practice, emission limits,
continuous emission monitoring, stack testing, recordkeeping,
reporting, and air curtain incinerator requirements.
(c) Follow the requirements of subpart B of this part in your State
plan.
Sec. 60.1520 Is there an approval process for my State plan?
The EPA will review your State plan according to Sec. 60.27.
Sec. 60.1525 What if my State plan is not approvable?
If you do not submit an approvable State plan (or a negative
declaration letter), EPA will develop a Federal plan, according to
Sec. 60.27 to implement the emission guidelines contained in this
subpart. Owners and operators of municipal waste combustion units not
covered by an approved and currently effective State plan must comply
with the Federal plan. The Federal plan is an interim action and, by
its own terms, will cease to apply when your State plan is approved and
becomes effective.
Sec. 60.1530 Is there an approval process for a negative declaration
letter?
No, the EPA has no formal review process for negative declaration
letters. Once your negative declaration letter has been received, EPA
will place a copy in the public docket and publish a notice in the
Federal Register. If, at a later date, an existing small municipal
waste combustion unit is identified in your State, the Federal plan
implementing the emission guidelines contained in this subpart will
automatically apply to that municipal waste combustion unit until your
State plan is approved.
Sec. 60.1535 What compliance schedule must I include in my State plan?
(a) Your State plan must include compliance schedules that require
small municipal waste combustion units to achieve final compliance or
cease operation as expeditiously as practicable but not later than the
earlier of two dates:
(1) December 6, 2005.
(2) Three years after the effective date of State plan approval.
(b) For compliance schedules longer than 1 year after the effective
date of State plan approval, State plans must include two items:
(1) Dates for enforceable increments of progress as specified in
Sec. 60.1590.
(2) For Class I units (see definition in Sec. 60.1940), dioxins/
furans stack test results for at least one test conducted during or
after 1990. The stack tests must have been conducted according to the
procedures specified under Sec. 60.1790.
(c) Class I units that commenced construction after June 26, 1987
must comply with the dioxins/furans and mercury limits specified in
Tables 2 and 3 of this subpart by the later of two dates:
(1) One year after the effective date of State plan approval.
(2) One year following the issuance of a revised construction or
operation permit, if a permit modification is required.
Sec. 60.1540 Are there any State plan requirements for this subpart
that supersede the requirements specified in subpart B?
Subpart B of this part establishes general requirements for
developing and processing CAA section 111(d) plans. This subpart
applies instead of the requirements in subpart B of this part, for two
items:
(a) Option for case-by-case less stringent emission standards and
longer compliance schedules. State plans developed to implement this
subpart must be as protective as the emission guidelines contained in
this subpart. State plans must require all municipal waste combustion
units to comply no later than December 6, 2005. That requirement
applies instead of the option for case-by-case less stringent emission
standards and longer compliance schedules in Sec. 60.24(f).
(b) Increments of progress requirements. For Class II units (see
definition in Sec. 60.1940), a State plan must include at least two
increments of progress for the affected municipal waste combustion
units. The two minimum increments are the final control plan submittal
date and final compliance date in Sec. 60.21(h)(1) and (5). That
requirement applies instead of the requirement of Sec. 60.24(e)(1) that
would require a State plan to include all five increments of progress
for all municipal waste combustion units. For Class I units under this
subpart, the final control plan must contain the five increments of
progress in Sec. 60.24(e)(1).
Sec. 60.1545 Does this subpart directly affect municipal waste
combustion unit owners and operators in my State?
(a) No, this subpart does not directly affect municipal waste
combustion unit owners and operators in your State. However, municipal
waste combustion unit owners and operators must comply with the State
plan you developed to implement the emission guidelines contained in
this subpart. Some States may incorporate the emission guidelines
contained in this subpart into their State plans by direct
incorporation by reference. Others may include the model rule text
directly in their State plan.
(b) All municipal waste combustion units must be in compliance with
the requirements established in this subpart by December 6, 2005,
whether the municipal waste combustion unit is regulated under a State
or Federal plan.
Applicability of State Plans
Sec. 60.1550 What municipal waste combustion units must I address in
my State plan?
(a) Your State plan must address all existing small municipal waste
combustion units in your State that meet two criteria:
(1) The municipal waste combustion unit has the capacity to combust
at least 35 tons per day of municipal solid waste but no more than 250
tons per day of municipal solid waste or refuse-derived fuel.
(2) The municipal waste combustion unit commenced construction on
or before August 30, 1999.
(b) If an owner or operator of a municipal waste combustion unit
makes changes that meet the definition of modification or
reconstruction after June 6, 2001 for subpart AAAA of this part, the
municipal waste combustion unit becomes subject to subpart AAAA of this
part and the State plan no longer applies to that unit.
(c) If an owner or operator of a municipal waste combustion unit
makes physical or operational changes to an existing municipal waste
combustion unit primarily to comply with your State plan, subpart AAAA
of this part (New Source Performance Standards for New Small Municipal
Waste Combustion Units) does not apply to that unit. Such changes do
not constitute modifications or reconstructions under subpart AAAA of
this part.
Sec. 60.1555 Are any small municipal waste combustion units exempt
from my State plan?
(a) Small municipal waste combustion units that combust less than
11 tons per day. Units are exempt from your State plan if four
requirements are met:
(1) The municipal waste combustion unit is subject to a federally
enforceable permit limiting the amount of municipal solid waste
combusted to less than 11 tons per day.
(2) You are notified by the owner or operator that the unit
qualifies for the exemption.
(3) You receive from the owner or operator of the unit a copy of
the federally enforceable permit.
[[Page 76387]]
(4) The owner or operator of the unit keeps daily records of the
amount of municipal solid waste combusted.
(b) Small power production units. Units are exempt from your State
plan if four requirements are met:
(1) The unit qualifies as a small power production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
(2) The unit combusts homogeneous waste (excluding refuse-derived
fuel) to produce electricity.
(3) You are notified by the owner or operator that the unit
qualifies for the exemption.
(4) You receive documentation from the owner or operator that the
unit qualifies for the exemption.
(c) Cogeneration units. Units are exempt from your State plan if
four requirements are met:
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit combusts homogeneous waste (excluding refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes.
(3) You are notified by the owner or operator that the unit
qualifies for the exemption.
(4) You receive documentation from the owner or operator that the
unit qualifies for the exemption.
(d) Municipal waste combustion units that combust only tires. Units
are exempt from your State plan if three requirements are met:
(1) The municipal waste combustion unit combusts a single-item
waste stream of tires and no other municipal waste (the unit can co-
fire coal, fuel oil, natural gas, or other nonmunicipal solid waste).
(2) You are notified by the owner or operator that the unit
qualifies for the exemption.
(3) You receive documentation from the owner or operator that the
unit qualifies for the exemption.
(e) Hazardous waste combustion units. Units are exempt from your
State plan if the units have received a permit under section 3005 of
the Solid Waste Disposal Act.
(f) Materials recovery units. Units are exempt from your State plan
if the units combust waste mainly to recover metals. Primary and
secondary smelters may qualify for the exemption.
(g) Co-fired units. Units are exempt from your State plan if four
requirements are met:
(1) The unit has a federally enforceable permit limiting municipal
solid waste combustion to 30 percent of the total fuel input by weight.
(2) You are notified by the owner or operator that the unit
qualifies for the exemption.
(3) You receive from the owner or operator of the unit a copy of
the federally enforceable permit.
(4) The owner or operator records the weights, each quarter, of
municipal solid waste and of all other fuels combusted.
(h) Plastics/rubber recycling units. Units are exempt from your
State plan if four requirements are met:
(1) The pyrolysis/combustion unit is an integrated part of a
plastics/rubber recycling unit as defined under ``Definitions''
(Sec. 60.1940).
(2) The owner or operator of the unit records the weight, each
quarter, of plastics, rubber, and rubber tires processed.
(3) The owner or operator of the unit records the weight, each
quarter, of feed stocks produced and marketed from chemical plants and
petroleum refineries.
(4) The owner or operator of the unit keeps the name and address of
the purchaser of the feed stocks.
(i) Units that combust fuels made from products of plastics/rubber
recycling plants. Units are exempt from your State plan if two
requirements are met:
(1) The unit combusts gasoline, diesel fuel, jet fuel, fuel oils,
residual oil, refinery gas, petroleum coke, liquified petroleum gas,
propane, or butane produced by chemical plants or petroleum refineries
that use feed stocks produced by plastics/rubber recycling units.
(2) The unit does not combust any other municipal solid waste.
(j) Cement kilns. Cement kilns that combust municipal solid waste
are exempt from your State plan.
(k) Air curtain incinerators. If an air curtain incinerator (see
Sec. 60.1940 for definition) combusts 100 percent yard waste, then
those units must only meet the requirements under ``Model Rule--Air
Curtain Incinerators That Burn 100 Percent Yard Waste'' (Secs. 60.1910
through 60.1930).
Sec. 60.1560 Can an affected municipal waste combustion unit reduce
its capacity to less than 35 tons per day rather than comply with my
State plan?
(a) Yes, an owner or operator of an affected municipal waste
combustion unit may choose to reduce, by your final compliance date,
the maximum combustion capacity of the unit to less than 35 tons per
day of municipal solid waste rather than comply with your State plan.
They must submit a final control plan and the notifications of
achievement of increments of progress as specified in Sec. 60.1610.
(b) The final control plan must, at a minimum, include two items:
(1) A description of the physical changes that will be made to
accomplish the reduction.
(2) Calculations of the current maximum combustion capacity and the
planned maximum combustion capacity after the reduction. Use the
equations specified under Sec. 60.1935(d) and (e) to calculate the
combustion capacity of a municipal waste combustion unit.
(c) A permit restriction or a change in the method of operation
does not qualify as a reduction in capacity. Use the equations
specified under Sec. 60.1935(d) and (e) to calculate the combustion
capacity of a municipal waste combustion unit.
Sec. 60.1565 What subcategories of small municipal waste combustion
units must I include in my State plan?
This subpart specifies different requirements for different
subcategories of municipal waste combustion units. You must use those
same two subcategories in your State plan. Those two subcategories are
based on the aggregate capacity of the municipal waste combustion plant
as follows:
(a) Class I units. Class I units are small municipal waste
combustion units that are located at municipal waste combustion plants
with an aggregate plant combustion capacity greater than 250 tons per
day of municipal solid waste. (See the definition of ``municipal waste
combustion plant capacity'' in Sec. 60.1940 for specification of which
units at a plant are included in the aggregate capacity calculation.)
(b) Class II units. Class II units are small municipal waste
combustion units that are located at municipal waste combustion plants
with an aggregate plant combustion capacity less than or equal to 250
tons per day of municipal solid waste. (See the definition of
``municipal waste combustion plant capacity'' in Sec. 60.1940 for
specification of which units at a plant are included in the aggregate
capacity calculation.)
Use of Model Rule
Sec. 60.1570 What is the ``model rule'' in this subpart?
(a) The model rule is the portion of the emission guidelines
(Secs. 60.1585 through 60.1905) that addresses the regulatory
requirements applicable to small municipal waste combustion units. The
model rule provides the requirements in a regulation format.
[[Page 76388]]
(b) In the model rule, ``you'' means the owner or operator of a
small municipal waste combustion unit.
Sec. 60.1575 How does the model rule relate to the required elements
of my State plan?
The model rule may be used to satisfy the State plan requirements
specified in Sec. 60.1515(a)(4) and (5). Alternative language may be
used in your State plan, but only if you can demonstrate that the
alternative language is as protective as the model rule.
Sec. 60.1580 What are the principal components of the model rule?
The model rule contains five major components:
(a) Increments of progress toward compliance.
(b) Good combustion practices:
(1) Operator training.
(2) Operator certification.
(3) Operating requirements.
(c) Emission limits.
(d) Monitoring and stack testing.
(e) Recordkeeping and reporting.
Model Rule--Increments of Progress
Sec. 60.1585 What are my requirements for meeting increments of
progress and achieving final compliance?
(a) Class I units. If you plan to achieve compliance more than 1
year following the effective date of State plan approval and a permit
modification is not required, or more than 1 year following the date of
issuance of a revised construction or operation permit if a permit
modification is required, you must meet five increments of progress:
(1) Submit a final control plan.
(2) Submit a notification of retrofit contract award.
(3) Initiate onsite construction.
(4) Complete onsite construction.
(5) Achieve final compliance.
(b) Class II units. If you plan to achieve compliance more than 1
year following the effective date of State plan approval and a permit
modification is not required, or more than 1 year following the date of
issuance of a revised construction or operation permit if a permit
modification is required, you must meet two increments of progress:
(1) Submit a final control plan.
(2) Achieve final compliance.
Sec. 60.1590 When must I complete each increment of progress?
Table 1 of this subpart specifies compliance dates for each of the
increments of progress for Class I and II units. (See Sec. 60.1940 for
definitions of classes.)
Sec. 60.1595 What must I include in the notifications of achievement
of my increments of progress?
Your notification of achievement of increments of progress must
include three items:
(a) Notification that the increment of progress has been achieved.
(b) Any items required to be submitted with the increment of
progress (Secs. 60.1610 through 60.1630).
(c) The notification must be signed by the owner or operator of the
municipal waste combustion unit.
Sec. 60.1600 When must I submit the notifications of achievement of
increments of progress?
Notifications of the achievement of increments of progress must be
postmarked no later than 10 days after the compliance date for the
increment.
Sec. 60.1605 What if I do not meet an increment of progress?
If you fail to meet an increment of progress, you must submit a
notification to the Administrator postmarked within 10 business days
after the specified date in Table 1 of this subpart for achieving that
increment of progress. The notification must inform the Administrator
that you did not meet the increment. You must include in the
notification an explanation of why the increment of progress was not
met and your plan for meeting the increment as expeditiously as
possible. You must continue to submit reports each subsequent month
until the increment of progress is met.
Sec. 60.1610 How do I comply with the increment of progress for
submittal of a control plan?
For your control plan increment of progress, you must complete two
items:
(a) Submit the final control plan, including a description of the
devices for air pollution control and process changes that you will use
to comply with the emission limits and other requirements of this
subpart.
(b) You must maintain an onsite copy of the final control plan.
Sec. 60.1615 How do I comply with the increment of progress for
awarding contracts?
You must submit a signed copy of the contracts awarded to initiate
onsite construction, initiate onsite installation of emission control
equipment, and incorporate process changes. Submit the copy of the
contracts with the notification that the increment of progress has been
achieved. You do not need to include documents incorporated by
reference or the attachments to the contracts.
Sec. 60.1620 How do I comply with the increment of progress for
initiating onsite construction?
You must initiate onsite construction and installation of emission
control equipment and initiate the process changes outlined in the
final control plan.
Sec. 60.1625 How do I comply with the increment of progress for
completing onsite construction?
You must complete onsite construction and installation of emission
control equipment and complete process changes outlined in the final
control plan.
Sec. 60.1630 How do I comply with the increment of progress for
achieving final compliance?
For the final compliance increment of progress, you must complete
two items:
(a) Complete all process changes and complete retrofit construction
as specified in the final control plan.
(b) Connect the air pollution control equipment with the municipal
waste combustion unit identified in the final control plan and complete
process changes to the municipal waste combustion unit so that if the
affected municipal waste combustion unit is brought online, all
necessary process changes and air pollution control equipment are
operating as designed.
Sec. 60.1635 What must I do if I close my municipal waste combustion
unit and then restart my municipal waste combustion unit?
(a) If you close your municipal waste combustion unit but will
reopen it prior to the final compliance date in your State plan, you
must meet the increments of progress specified in Sec. 60.1585.
(b) If you close your municipal waste combustion unit but will
restart it after your final compliance date, you must complete emission
control retrofit and meet the emission limits and good combustion
practices on the date your municipal waste combustion unit restarts
operation.
Sec. 60.1640 What must I do if I plan to permanently close my
municipal waste combustion unit and not restart it?
(a) If you plan to close your municipal waste combustion unit
rather than comply with the State plan, you must submit a closure
notification, including the date of closure, to the Administrator by
the date your final control plan is due.
(b) If the closure date is later than 1 year after the effective
date of State plan approval, you must enter into a legally binding
closure agreement with the
[[Page 76389]]
Administrator by the date your final control plan is due. The agreement
must specify the date by which operation will cease.
Model Rule--Good Combustion Practices: Operator Training
Sec. 60.1645 What types of training must I do?
There are two types of required training:
(a) Training of operators of municipal waste combustion units using
the EPA or a State-approved training course.
(b) Training of plant personnel using a plant-specific training
course.
Sec. 60.1650 Who must complete the operator training course? By when?
(a) Three types of employees must complete the EPA or State-
approved operator training course:
(1) Chief facility operators.
(2) Shift supervisors.
(3) Control room operators.
(b) Those employees must complete the operator training course by
the later of three dates:
(1) One year after the effective date of State plan approval.
(2) Six months after your municipal waste combustion unit starts
up.
(3) The date before an employee assumes responsibilities that
affect operation of the municipal waste combustion unit.
(c) The requirement in paragraph (a) of this section 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 effective date of
State plan approval.
(d) You may request that the EPA Administrator waive the
requirement in paragraph (a) of this section 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 effective date of State plan
approval.
Sec. 60.1655 Who must complete the plant-specific training course?
All employees with responsibilities that affect how a municipal
waste combustion unit operates must complete the plant-specific
training course. Include at least six types of employees:
(a) Chief facility operators.
(b) Shift supervisors.
(c) Control room operators.
(d) Ash handlers.
(e) Maintenance personnel.
(f) Crane or load handlers.
Sec. 60.1660 What plant-specific training must I provide?
For plant-specific training, you must do four things:
(a) For training at a particular plant, develop a specific
operating manual for that plant by the later of two dates:
(1) Six months after your municipal waste combustion unit starts
up.
(2) One year after the effective date of State plan approval.
(b) Establish a program to review the plant-specific operating
manual with people whose responsibilities affect the operation of your
municipal waste combustion unit. Complete the initial review by the
later of three dates:
(1) One year after the effective date of State plan approval.
(2) Six months after your municipal waste combustion unit starts
up.
(3) The date before an employee assumes responsibilities that
affect operation of the municipal waste combustion unit.
(c) Update your manual annually.
(d) Review your manual with staff annually.
Sec. 60.1665 What information must I include in the plant-specific
operating manual?
You must include 11 items in the operating manual for your plant:
(a) A summary of all applicable requirements in this subpart.
(b) A description of the basic combustion principles that apply to
municipal waste combustion units.
(c) Procedures for receiving, handling, and feeding municipal solid
waste.
(d) Procedures to be followed during periods of startup, shutdown,
and malfunction of the municipal waste combustion unit.
(e) Procedures for maintaining a proper level of combustion air
supply.
(f) Procedures for operating the municipal waste combustion unit in
compliance with the requirements contained in this subpart.
(g) Procedures for responding to periodic upset or off-
specification conditions.
(h) Procedures for minimizing carryover of particulate matter.
(i) Procedures for handling ash.
(j) Procedures for monitoring emissions from the municipal waste
combustion unit.
(k) Procedures for recordkeeping and reporting.
Sec. 60.1670 Where must I keep the plant-specific operating manual?
You must keep your operating manual in an easily accessible
location at your plant. It must be available for review or inspection
by all employees who must review it and by the Administrator.
Model Rule--Good Combustion Practices: Operator Certification
Sec. 60.1675 What types of operator certification must the chief
facility operator and shift supervisor obtain and by when must they
obtain it?
(a) Each chief facility operator and shift supervisor must obtain
and keep a current provisional operator certification from the American
Society of Mechanical Engineers (QRO-1-1994) (incorporated by reference
in Sec. 60.17(h)(1)) or a current provisional operator certification
from your State certification program.
(b) Each chief facility operator and shift supervisor must obtain a
provisional certification by the later of three dates:
(1) For Class I units, 12 months after the effective date of State
plan approval. For Class II units, 18 months after the effective date
of State plan approval.
(2) Six months after the municipal waste combustion unit starts up.
(3) Six months after they transfer to the municipal waste
combustion unit or 6 months after they are hired to work at the
municipal waste combustion unit.
(c) Each chief facility operator and shift supervisor must take one
of three actions:
(1) Obtain a full certification from the American Society of
Mechanical Engineers or a State certification program in your State.
(2) Schedule a full certification exam with the American Society of
Mechanical Engineers (QRO-1-1994) (incorporated by reference in
Sec. 60.17(h)(1)).
(3) Schedule a full certification exam with your State
certification program.
(d) The chief facility operator and shift supervisor must obtain
the full certification or be scheduled to take the certification exam
by the later of the following dates:
(1) For Class I units, 12 months after the effective date of State
plan approval. For Class II units, 18 months after the effective date
of State plan approval.
(2) Six months after the municipal waste combustion unit starts up.
(3) Six months after they transfer to the municipal waste
combustion unit or 6 months after they are hired to work at the
municipal waste combustion unit.
Sec. 60.1680 After the required date for operator certification, who
may operate the municipal waste combustion unit?
After the required date for full or provisional certification, you
must not operate your municipal waste combustion unit unless one of
four employees is on duty:
(a) A fully certified chief facility operator.
[[Page 76390]]
(b) A provisionally certified chief facility operator who is
scheduled to take the full certification exam.
(c) A fully certified shift supervisor.
(d) A provisionally certified shift supervisor who is scheduled to
take the full certification exam.
Sec. 60.1685 What if all the certified operators must be temporarily
offsite?
If the certified chief facility operator and certified shift
supervisor both are unavailable, a provisionally certified control room
operator at the municipal waste combustion unit may fulfill the
certified operator requirement. Depending on the length of time that a
certified chief facility operator and certified shift supervisor are
away, you must meet one of three criteria:
(a) When the certified chief facility operator and certified shift
supervisor are both offsite for 12 hours or less and no other certified
operator is onsite, the provisionally certified control room operator
may perform those duties without notice to, or approval by, the
Administrator.
(b) When the certified chief facility operator and certified shift
supervisor are offsite for more than 12 hours, but for 2 weeks or less,
and no other certified operator is onsite, the provisionally certified
control room operator may perform those duties without notice to, or
approval by, the Administrator. However, you must record the periods
when the certified chief facility operator and certified shift
supervisor are offsite and include the information in the annual report
as specified under Sec. 60.1885(l).
(c) When the certified chief facility operator and certified shift
supervisor are offsite for more than 2 weeks, and no other certified
operator is onsite, the provisionally certified control room operator
may perform those duties without notice to, or approval by, the
Administrator. However, you must take two actions:
(1) Notify the Administrator in writing. In the notice, state what
caused the absence and what you are doing to ensure that a certified
chief facility operator or certified shift supervisor is onsite.
(2) Submit a status report and corrective action summary to the
Administrator every 4 weeks following the initial notification. If the
Administrator notifies you that your status report or corrective action
summary is disapproved, the municipal waste combustion unit may
continue operation for 90 days, but then must cease operation. If
corrective actions are taken in the 90-day period such that the
Administrator withdraws the disapproval, municipal waste combustion
unit operation may continue.
Model Rule--Good Combustion Practices: Operating Requirements
Sec. 60.1690 What are the operating practice requirements for my
municipal waste combustion unit?
(a) You must not operate your municipal waste combustion unit at
loads greater than 110 percent of the maximum demonstrated load of the
municipal waste combustion unit (4-hour block average), as specified
under ``Definitions'' (Sec. 60.1940).
(b) You must not operate your municipal waste combustion unit so
that the temperature at the inlet of the particulate matter control
device exceeds 17 deg.C above the maximum demonstrated temperature of
the particulate matter control device (4-hour block average), as
specified under ``Definitions'' (Sec. 60.1940).
(c) If your municipal waste combustion unit uses activated carbon
to control dioxins/furans or mercury emissions, you must maintain an 8-
hour block average carbon feed rate at or above the highest average
level established during the most recent dioxins/furans or mercury
test.
(d) If your municipal waste combustion unit uses activated carbon
to control dioxins/furans or mercury emissions, you must evaluate total
carbon usage for each calendar quarter. The total amount of carbon
purchased and delivered to your municipal waste combustion plant must
be at or above the required quarterly usage of carbon. At your option,
you may choose to evaluate required quarterly carbon usage on a
municipal waste combustion unit basis for each individual municipal
waste combustion unit at your plant. Calculate the required quarterly
usage of carbon using equation 4 or 5 in Sec. 60.1935(f).
(e) Your municipal waste combustion unit is exempt from limits on
load level, temperature at the inlet of the particulate matter control
device, and carbon feed rate during any of five situations:
(1) During your annual tests for dioxins/furans.
(2) During your annual mercury tests (for carbon feed rate
requirements only).
(3) During the 2 weeks preceding your annual tests for dioxins/
furans.
(4) During the 2 weeks preceding your annual mercury tests (for
carbon feed rate requirements only).
(5) Whenever the Administrator or delegated State authority permits
you to do any of five activities:
(i) Evaluate system performance.
(ii) Test new technology or control technologies.
(iii) Perform diagnostic testing.
(iv) Perform other activities to improve the performance of your
municipal waste combustion unit.
(v) Perform other activities to advance the state of the art for
emission controls for your municipal waste combustion unit.
Sec. 60.1695 What happens to the operating requirements during periods
of startup, shutdown, and malfunction?
(a) The operating requirements of this subpart apply at all times
except during periods of municipal waste combustion unit startup,
shutdown, or malfunction.
(b) Each startup, shutdown, or malfunction must not last for longer
than 3 hours.
Model Rule--Emission Limits
Sec. 60.1700 What pollutants are regulated by this subpart?
Eleven pollutants, in four groupings, are regulated:
(a) Organics. Dioxins/furans.
(b) Metals.
(1) Cadmium.
(2) Lead.
(3) Mercury.
(4) Opacity.
(5) Particulate matter.
(c) Acid gases.
(1) Hydrogen chloride.
(2) Nitrogen oxides.
(3) Sulfur dioxide.
(d) Other.
(1) Carbon monoxide.
(2) Fugitive ash.
Sec. 60.1705 What emission limits must I meet? By when?
(a) After the date the initial stack test and continuous emission
monitoring system evaluation are required or completed (whichever is
earlier), you must meet the applicable emission limits specified in the
four tables of this subpart:
(1) For Class I units, see Tables 2 and 3 of this subpart.
(2) For Class II units, see Table 4 of this subpart.
(3) For carbon monoxide emission limits for both classes of units,
see Table 5 of this subpart.
(b) If your Class I municipal waste combustion unit began
construction, reconstruction, or modification after June 26, 1987, then
you must comply with the dioxins/furans and mercury emission limits
specified in Table 2 of this subpart as applicable by the later of the
following two dates:
(1) One year after the effective date of State plan approval.
(2) One year after the issuance of a revised construction or
operating
[[Page 76391]]
permit, if a permit modification is required. Final compliance with the
dioxins/furans limits must be achieved no later than December 6, 2005,
even if the date 1 year after the issuance of a revised construction or
operation permit is later than December 6, 2005.
Sec. 60.1710 What happens to the emission limits during periods of
startup, shutdown, and malfunction?
(a) The emission limits of this subpart apply at all times except
during periods of municipal waste combustion unit startup, shutdown, or
malfunction.
(b) Each startup, shutdown, or malfunction must not last for longer
than 3 hours.
(c) A maximum of 3 hours of test data can be dismissed from
compliance calculations during periods of startup, shutdown, or
malfunction.
(d) During startup, shutdown, or malfunction periods longer than 3
hours, emissions data cannot be discarded from compliance calculations
and all provisions under Sec. 60.11(d) apply.
Model Rule--Continuous Emission Monitoring
Sec. 60.1715 What types of continuous emission monitoring must I
perform?
To continuously monitor emissions, you must perform four tasks:
(a) Install continuous emission monitoring systems for certain
gaseous pollutants.
(b) Make sure your continuous emission monitoring systems are
operating correctly.
(c) Make sure you obtain the minimum amount of monitoring data.
(d) Install a continuous opacity monitoring system.
Sec. 60.1720 What continuous emission monitoring systems must I
install for gaseous pollutants?
(a) You must install, calibrate, maintain, and operate continuous
emission monitoring systems for oxygen (or carbon dioxide), sulfur
dioxide, and carbon monoxide. If you operate a Class I municipal waste
combustion unit, also install, calibrate, maintain, and operate a
continuous emission monitoring system for nitrogen oxides. Install the
continuous emission monitoring systems for sulfur dioxide, nitrogen
oxides, and oxygen (or carbon dioxide) at the outlet of the air
pollution control device.
(b) You must install, evaluate, and operate each continuous
emission monitoring system according to the ``Monitoring Requirements''
in Sec. 60.13.
(c) You must monitor the oxygen (or carbon dioxide) concentration
at each location where you monitor sulfur dioxide and carbon monoxide.
Additionally, if you operate a Class I municipal waste combustion unit,
you must also monitor the oxygen (or carbon dioxide) concentration at
the location where you monitor nitrogen oxides.
(d) You may choose to monitor carbon dioxide instead of oxygen as a
diluent gas. If you choose to monitor carbon dioxide, then an oxygen
monitor is not required and you must follow the requirements in
Sec. 60.1745.
(e) If you choose to demonstrate compliance by monitoring the
percent reduction of sulfur dioxide, you must also install continuous
emission monitoring systems for sulfur dioxide and oxygen (or carbon
dioxide) at the inlet of the air pollution control device.
(f) If you prefer to use an alternative sulfur dioxide monitoring
method, such as parametric monitoring, or cannot monitor emissions at
the inlet of the air pollution control device to determine percent
reduction, you can apply to the Administrator for approval to use an
alternative monitoring method under Sec. 60.13(i).
Sec. 60.1725 How are the data from the continuous emission monitoring
systems used?
You must use data from the continuous emission monitoring systems
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate
continuous compliance with the applicable emission limits specified in
Tables 2, 3, 4, and 5 of this subpart. To demonstrate compliance for
dioxins/furans, cadmium, lead, mercury, particulate matter, opacity,
hydrogen chloride, and fugitive ash, see Sec. 60.1780.
Sec. 60.1730 How do I make sure my continuous emission monitoring
systems are operating correctly?
(a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure oxygen (or
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal
waste combustion units only), and carbon monoxide.
(b) Complete your initial evaluation of the continuous emission
monitoring systems within 180 days after your final compliance date.
(c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide)
continuous emission monitoring system, your sulfur dioxide, nitrogen
oxides, or carbon monoxide continuous emission monitoring systems, as
appropriate, and the appropriate test methods specified in Table 6 of
this subpart. Collect the data during each initial and annual
evaluation of your continuous emission monitoring systems following the
applicable performance specifications in appendix B of this part. Table
7 of this subpart shows the performance specifications that apply to
each continuous emission monitoring system.
(d) Follow the quality assurance procedures in Procedure 1 of
appendix F of this part for each continuous emission monitoring system.
The procedures include daily calibration drift and quarterly accuracy
determinations.
Sec. 60.1735 Am I exempt from any appendix B or appendix F
requirements to evaluate continuous emission monitoring systems?
Yes, the accuracy tests for your sulfur dioxide continuous emission
monitoring system require you to also evaluate your oxygen (or carbon
dioxide) continuous emission monitoring system. Therefore, your oxygen
(or carbon dioxide) continuous emission monitoring system is exempt
from two requirements:
(a) Section 2.3 of Performance Specification 3 in appendix B of
this part (relative accuracy requirement).
(b) Section 5.1.1 of appendix F of this part (relative accuracy
test audit).
Sec. 60.1740 What is my schedule for evaluating continuous emission
monitoring systems?
(a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 13 months after the previous evaluation
was conducted.
(b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of this part.
Sec. 60.1745 What must I do if I choose to monitor carbon dioxide
instead of oxygen as a diluent gas?
You must establish the relationship between oxygen and carbon
dioxide during the initial evaluation of your continuous emission
monitoring systems. You may reestablish the relationship during annual
evaluations. To establish the relationship use three procedures:
(a) Use EPA Reference Method 3A or 3B in appendix A of this part to
determine oxygen concentration at the location of your carbon dioxide
monitor.
(b) Conduct at least three test runs for oxygen. Make sure each
test run represents a 1-hour average and that sampling continues for at
least 30 minutes in each hour.
(c) Use the fuel-factor equation in EPA Reference Method 3B in
appendix A of this part to determine the relationship between oxygen
and carbon dioxide.
[[Page 76392]]
Sec. 60.1750 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is the data
collection requirement enforceable?
(a) Where continuous emission monitoring systems are required,
obtain 1-hour arithmetic averages. Make sure the averages for sulfur
dioxide, nitrogen oxides (Class I municipal waste combustion units
only), and carbon monoxide are in parts per million by dry volume at 7
percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour
averages of oxygen (or carbon dioxide) data from your continuous
emission monitoring system to determine the actual oxygen (or carbon
dioxide) level and to calculate emissions at 7 percent oxygen (or the
equivalent carbon dioxide level).
(b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your
continuous emission monitoring systems to complete at least one cycle
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
(c) Obtain valid 1-hour averages for 75 percent of the operating
hours per day for 90 percent of the operating days per calendar
quarter. An operating day is any day the unit combusts any municipal
solid waste or refuse-derived fuel.
(d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you are in violation of the data
collection requirement regardless of the emission level monitored, and
you must notify the Administrator according to Sec. 60.1885(e).
(e) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you must still use all valid data from
the continuous emission monitoring systems in calculating emission
concentrations and percent reductions in accordance with Sec. 60.1755.
Sec. 60.1755 How do I convert my 1-hour arithmetic averages into
appropriate averaging times and units?
(a) Use the equation in Sec. 60.1935(a) to calculate emissions at 7
percent oxygen.
(b) Use EPA Reference Method 19 in appendix A of this part, section
4.3, to calculate the daily geometric average concentrations of sulfur
dioxide emissions. If you are monitoring the percent reduction of
sulfur dioxide, use EPA Reference Method 19 in appendix A of this part,
section 5.4, to determine the daily geometric average percent reduction
of potential sulfur dioxide emissions.
(c) If you operate a Class I municipal waste combustion unit, use
EPA Reference Method 19 in appendix A of this part, section 4.1, to
calculate the daily arithmetic average for concentrations of nitrogen
oxides.
(d) Use EPA Reference Method 19 in appendix A of this part, section
4.1, to calculate the 4-hour or 24-hour daily block averages (as
applicable) for concentrations of carbon monoxide.
Sec. 60.1760 What is required for my continuous opacity monitoring
system and how are the data used?
(a) Install, calibrate, maintain, and operate a continuous opacity
monitoring system.
(b) Install, evaluate, and operate each continuous opacity
monitoring system according to Sec. 60.13.
(c) Complete an initial evaluation of your continuous opacity
monitoring system according to Performance Specification 1 in appendix
B of this part. Complete the evaluation by 180 days after your final
compliance date.
(d) Complete each annual evaluation of your continuous opacity
monitoring system no more than 13 months after the previous evaluation.
(e) Use tests conducted according to EPA Reference Method 9 in
appendix A of this part, as specified in Sec. 60.1790, to determine
compliance with the opacity limit in Table 2 or 4 of this subpart. The
data obtained from your continuous opacity monitoring system are not
used to determine compliance with the opacity limit.
Sec. 60.1765 What additional requirements must I meet for the
operation of my continuous emission monitoring systems and continuous
opacity monitoring system?
Use the required span values and applicable performance
specifications in Table 8 of this subpart.
Sec. 60.1770 What must I do if any of my continuous emission
monitoring systems are temporarily unavailable to meet the data
collection requirements?
Refer to Table 8 of this subpart. It shows alternate methods for
collecting data when systems malfunction or when repairs, calibration
checks, or zero and span checks keep you from collecting the minimum
amount of data.
Model Rule--Stack Testing
Sec. 60.1775 What types of stack tests must I conduct?
Conduct initial and annual stack tests to measure the emission
levels of dioxins/furans, cadmium, lead, mercury, particulate matter,
opacity, hydrogen chloride, and fugitive ash.
Sec. 60.1780 How are the stack test data used?
You must use results of stack tests for dioxins/furans, cadmium,
lead, mercury, particulate matter, opacity, hydrogen chloride, and
fugitive ash to demonstrate compliance with the applicable emission
limits in Tables 2 and 4 of this subpart. To demonstrate compliance for
carbon monoxide, nitrogen oxides, and sulfur dioxide, see Sec. 60.1725.
Sec. 60.1785 What schedule must I follow for the stack testing?
(a) Conduct initial stack tests for the pollutants listed in
Sec. 60.1775 by 180 days after your final compliance date.
(b) Conduct annual stack tests for the same pollutants after the
initial stack test. Conduct each annual stack test no later than 13
months after the previous stack test.
Sec. 60.1790 What test methods must I use to stack test?
(a) Follow Table 8 of this subpart to establish the sampling
location and to determine pollutant concentrations, number of traverse
points, individual test methods, and other specific testing
requirements for the different pollutants.
(b) Make sure that stack tests for all the pollutants consist of at
least three test runs, as specified in Sec. 60.8. Use the average of
the pollutant emission concentrations from the three test runs to
determine compliance with the applicable emission limits in Tables 2
and 4 of this subpart.
(c) Obtain an oxygen (or carbon dioxide) measurement at the same
time as your pollutant measurements to determine diluent gas levels, as
specified in Sec. 60.1720.
(d) Use the equations in Sec. 60.1935(a) to calculate emission
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the
percent reduction in potential hydrogen chloride emissions, and the
reduction efficiency for mercury emissions. See the individual test
methods in Table 6 of this subpart for other required equations.
(e) You can apply to the Administrator for approval under
Sec. 60.8(b) to use a reference method with minor changes in
methodology, use an equivalent method, use an alternative method the
results of which the Administrator has determined are adequate for
demonstrating compliance, waive the requirement for a performance test
because you have demonstrated by other means that you are in
compliance, or use a shorter sampling time or smaller sampling volume.
[[Page 76393]]
Sec. 60.1795 May I conduct stack testing less often?
(a) You may test less often if you own or operate a Class II
municipal waste combustion unit and if all stack tests for a given
pollutant over 3 consecutive years show you comply with the emission
limit. In that case, you are not required to conduct a stack test for
that pollutant for the next 2 years. However, you must conduct another
stack test within 36 months of the anniversary date of the third
consecutive stack test that shows you comply with the emission limit.
Thereafter, you must perform stack tests every 3rd year but no later
than 36 months following the previous stack tests. If a stack test
shows noncompliance with an emission limit, you must conduct annual
stack tests for that pollutant until all stack tests over 3 consecutive
years show compliance with the emission limit for that pollutant. The
provision applies to all pollutants subject to stack testing
requirements: dioxins/furans, cadmium, lead, mercury, particulate
matter, opacity, hydrogen chloride, and fugitive ash.
(b) You can test less often for dioxins/furans emissions if you own
or operate a municipal waste combustion plant that meets two
conditions. First, you have multiple municipal waste combustion units
onsite that are subject to this subpart. Second, all those municipal
waste combustion units have demonstrated levels of dioxins/furans
emissions less than or equal to 15 nanograms per dry standard cubic
meter (total mass) for Class I units, or 30 nanograms per dry standard
cubic meter (total mass) for Class II units, for 2 consecutive years.
In that case, you may choose to conduct annual stack tests on only one
municipal waste combustion unit per year at your plant. The provision
only applies to stack testing for dioxins/furans emissions.
(1) Conduct the stack test no more than 13 months following a stack
test on any municipal waste combustion unit subject to this subpart at
your plant. Each year, test a different municipal waste combustion unit
subject to this subpart and test all municipal waste combustion units
subject to this subpart in a sequence that you determine. Once you
determine a testing sequence, it must not be changed without approval
by the Administrator.
(2) If each annual stack test shows levels of dioxins/furans
emissions less than or equal to 15 nanograms per dry standard cubic
meter (total mass) for Class I units, or 30 nanograms per dry standard
cubic meter (total mass) for Class II units, you may continue stack
tests on only one municipal waste combustion unit subject to this
subpart per year.
(3) If any annual stack test indicates levels of dioxins/furans
emissions greater than 15 nanograms per dry standard cubic meter (total
mass) for Class I units, or 30 nanograms per dry standard cubic meter
(total mass) for Class II units, conduct subsequent annual stack tests
on all municipal waste combustion units subject to this subpart at your
plant. You may return to testing one municipal waste combustion unit
subject to this subpart per year if you can demonstrate dioxins/furans
emissions levels less than or equal to 15 nanograms per dry standard
cubic meter (total mass) for Class I units, or 30 nanograms per dry
standard cubic meter (total mass) for Class II units, for all municipal
waste combustion units at your plant subject to this subpart for 2
consecutive years.
Sec. 60.1800 May I deviate from the 13-month testing schedule if
unforeseen circumstances arise?
You may not deviate from the 13-month testing schedules specified
in Secs. 60.1785(b) and 60.1795(b)(1) unless you apply to the
Administrator for an alternative schedule, and the Administrator
approves your request for alternate scheduling prior to the date on
which you would otherwise have been required to conduct the next stack
test.
Model Rule--Other Monitoring Requirements
Sec. 60.1805 Must I meet other requirements for continuous monitoring?
You must also monitor three operating parameters:
(a) Load level of each municipal waste combustion unit.
(b) Temperature of flue gases at the inlet of your particulate
matter air pollution control device.
(c) Carbon feed rate if activated carbon is used to control
dioxins/furans or mercury emissions.
Sec. 60.1810 How do I monitor the load of my municipal waste
combustion unit?
(a) If your municipal waste combustion unit generates steam, you
must install, calibrate, maintain, and operate a steam flowmeter or a
feed water flowmeter and meet five requirements:
(1) Continuously measure and record the measurements of steam (or
feed water) in kilograms (or pounds) per hour.
(2) Calculate your steam (or feed water) flow in 4-hour block
averages.
(3) Calculate the steam (or feed water) flow rate using the method
in ``American Society of Mechanical Engineers Power Test Codes: Test
Code for Steam Generating Units, Power Test Code 4.1--1964 (R1991),''
section 4 (incorporated by reference in Sec. 60.17(h)(2)).
(4) Design, construct, install, calibrate, and use nozzles or
orifices for flow rate measurements, using the recommendations in
``American Society of Mechanical Engineers Interim Supplement 19.5 on
Instruments and Apparatus: Application, Part II of Fluid Meters,'' 6th
Edition (1971), chapter 4 (incorporated by reference in
Sec. 60.17(h)(3)).
(5) Before each dioxins/furans stack test, or at least once a year,
calibrate all signal conversion elements associated with steam (or feed
water) flow measurements according to the manufacturer instructions.
(b) If your municipal waste combustion units do not generate steam,
or, if your municipal waste combustion units have shared steam systems
and steam load cannot be estimated per unit, you must determine, to the
satisfaction of the Administrator, one or more operating parameters
that can be used to continuously estimate load level (for example, the
feed rate of municipal solid waste or refuse-derived fuel). You must
continuously monitor the selected parameters.
Sec. 60.1815 How do I monitor the temperature of flue gases at the
inlet of my particulate matter control device?
You must install, calibrate, maintain, and operate a device to
continuously measure the temperature of the flue gas stream at the
inlet of each particulate matter control device.
Sec. 60.1820 How do I monitor the injection rate of activated carbon?
If your municipal waste combustion unit uses activated carbon to
control dioxins/furans or mercury emissions, you must meet three
requirements:
(a) Select a carbon injection system operating parameter that can
be used to calculate carbon feed rate (for example, screw feeder
speed).
(b) During each dioxins/furans and mercury stack test, determine
the average carbon feed rate in kilograms (or pounds) per hour. Also,
determine the average operating parameter level that correlates to the
carbon feed rate. Establish a relationship between the operating
parameter and the carbon feed rate in order to calculate the carbon
feed rate based on the operating parameter level.
(c) Continuously monitor the selected operating parameter during
all periods when the municipal waste combustion unit is operating and
combusting waste
[[Page 76394]]
and calculate the 8-hour block average carbon feed rate in kilograms
(or pounds) per hour, based on the selected operating parameter. When
calculating the 8-hour block average, do two things:
(1) Exclude hours when the municipal waste combustion unit is not
operating.
(2) Include hours when the municipal waste combustion unit is
operating but the carbon feed system is not working correctly.
Sec. 60.1825 What is the minimum amount of monitoring data I must
collect with my continuous parameter monitoring systems and is the data
collection requirement enforceable?
(a) Where continuous parameter monitoring systems are used, obtain
1-hour arithmetic averages for three parameters:
(1) Load level of the municipal waste combustion unit.
(2) Temperature of the flue gases at the inlet of your particulate
matter control device.
(3) Carbon feed rate if activated carbon is used to control
dioxins/furans or mercury emissions.
(b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average.
(c) Obtain valid 1-hour averages for at least 75 percent of the
operating hours per day for 90 percent of the operating days per
calendar quarter. An operating day is any day the unit combusts any
municipal solid waste or refuse-derived fuel.
(d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you are in violation of the data
collection requirement, and you must notify the Administrator according
to Sec. 60.1885(e).
Model Rule--Recordkeeping
Sec. 60.1830 What records must I keep?
You must keep four types of records:
(a) Operator training and certification.
(b) Stack tests.
(c) Continuously monitored pollutants and parameters.
(d) Carbon feed rate.
Sec. 60.1835 Where must I keep my records and for how long?
(a) Keep all records onsite in paper copy or electronic format
unless the Administrator approves another format.
(b) Keep all records on each municipal waste combustion unit for at
least 5 years.
(c) Make all records available for submittal to the Administrator,
or for onsite review by an inspector.
Sec. 60.1840 What records must I keep for operator training and
certification?
You must keep records of six items:
(a) Records of provisional certifications. Include three items:
(1) For your municipal waste combustion plant, names of the chief
facility operator, shift supervisors, and control room operators who
are provisionally certified by the American Society of Mechanical
Engineers or an equivalent State-approved certification program.
(2) Dates of the initial provisional certifications.
(3) Documentation showing current provisional certifications.
(b) Records of full certifications. Include three items:
(1) For your municipal waste combustion plant, names of the chief
facility operator, shift supervisors, and control room operators who
are fully certified by the American Society of Mechanical Engineers or
an equivalent State-approved certification program.
(2) Dates of initial and renewal full certifications.
(3) Documentation showing current full certifications.
(c) Records showing completion of the operator training course.
Include three items:
(1) For your municipal waste combustion plant, names of the chief
facility operator, shift supervisors, and control room operators who
have completed the EPA or State municipal waste combustion operator
training course.
(2) Dates of completion of the operator training course.
(3) Documentation showing completion of operator training course.
(d) Records of reviews for plant-specific operating manuals.
Include three items:
(1) Names of persons who have reviewed the operating manual.
(2) Date of the initial review.
(3) Dates of subsequent annual reviews.
(e) Records of when a certified operator is temporarily offsite.
Include two main items:
(1) If the certified chief facility operator and certified shift
supervisor are offsite for more than 12 hours, but for 2 weeks or less,
and no other certified operator is onsite, record the dates that the
certified chief facility operator and certified shift supervisor were
offsite.
(2) When all certified chief facility operators and certified shift
supervisors are offsite for more than 2 weeks and no other certified
operator is onsite, keep records of four items:
(i) Your notice that all certified persons are offsite.
(ii) The conditions that cause those people to be offsite.
(iii) The corrective actions you are taking to ensure a certified
chief facility operator or certified shift supervisor is onsite.
(iv) Copies of the written reports submitted every 4 weeks that
summarize the actions taken to ensure that a certified chief facility
operator or certified shift supervisor will be onsite.
(f) Records of calendar dates. Include the calendar date on each
record.
Sec. 60.1845 What records must I keep for stack tests?
For stack tests required under Sec. 60.1775, you must keep records
of four items:
(a) The results of the stack tests for eight pollutants or
parameters recorded in the appropriate units of measure specified in
Table 2 or 4 of this subpart:
(1) Dioxins/furans.
(2) Cadmium.
(3) Lead.
(4) Mercury.
(5) Opacity.
(6) Particulate matter.
(7) Hydrogen chloride.
(8) Fugitive ash.
(b) Test reports including supporting calculations that document
the results of all stack tests.
(c) The maximum demonstrated load of your municipal waste
combustion units and maximum temperature at the inlet of your
particulate matter control device during all stack tests for dioxins/
furans emissions.
(d) The calendar date of each record.
Sec. 60.1850 What records must I keep for continuously monitored
pollutants or parameters?
You must keep records of eight items.
(a) Records of monitoring data. Document six parameters measured
using continuous monitoring systems:
(1) All 6-minute average levels of opacity.
(2) All 1-hour average concentrations of sulfur dioxide emissions.
(3) For Class I municipal waste combustion units only, all 1-hour
average concentrations of nitrogen oxides emissions.
(4) All 1-hour average concentrations of carbon monoxide emissions.
(5) All 1-hour average load levels of your municipal waste
combustion unit.
(6) All 1-hour average flue gas temperatures at the inlet of the
particulate matter control device.
(b) Records of average concentrations and percent reductions.
Document five parameters:
(1) All 24-hour daily block geometric average concentrations of
sulfur dioxide emissions or average percent reductions of sulfur
dioxide emissions.
[[Page 76395]]
(2) For Class I municipal waste combustion units only, all 24-hour
daily arithmetic average concentrations of nitrogen oxides emissions.
(3) All 4-hour block or 24-hour daily block arithmetic average
concentrations of carbon monoxide emissions.
(4) All 4-hour block arithmetic average load levels of your
municipal waste combustion unit.
(5) All 4-hour block arithmetic average flue gas temperatures at
the inlet of the particulate matter control device.
(c) Records of exceedances. Document three items:
(1) Calendar dates whenever any of the five pollutant or parameter
levels recorded in paragraph (b) of this section or the opacity level
recorded in paragraph (a)(1) of this section did not meet the emission
limits or operating levels specified in this subpart.
(2) Reasons you exceeded the applicable emission limits or
operating levels.
(3) Corrective actions you took, or are taking, to meet the
emission limits or operating levels.
(d) Records of minimum data. Document three items:
(1) Calendar dates for which you did not collect the minimum amount
of data required under Secs. 60.1750 and 60.1825. Record those dates
for five types of pollutants and parameters:
(i) Sulfur dioxide emissions.
(ii) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(iii) Carbon monoxide emissions.
(iv) Load levels of your municipal waste combustion unit.
(v) Temperatures of the flue gases at the inlet of the particulate
matter control device.
(2) Reasons you did not collect the minimum data.
(3) Corrective actions you took or are taking to obtain the
required amount of data.
(e) Records of exclusions. Document each time you have excluded
data from your calculation of averages for any of the following five
pollutants or parameters and the reasons the data were excluded:
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load levels of your municipal waste combustion unit.
(5) Temperatures of the flue gases at the inlet of the particulate
matter control device.
(f) Records of drift and accuracy. Document the results of your
daily drift tests and quarterly accuracy determinations according to
Procedure 1 of appendix F of this part. Keep those records for the
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion
units only), and carbon monoxide continuous emissions monitoring
systems.
(g) Records of the relationship between oxygen and carbon dioxide.
If you choose to monitor carbon dioxide instead of oxygen as a diluent
gas, document the relationship between oxygen and carbon dioxide, as
specified in Sec. 60.1745.
(h) Records of calendar dates. Include the calendar date on each
record.
Sec. 60.1855 What records must I keep for municipal waste combustion
units that use activated carbon?
For municipal waste combustion units that use activated carbon to
control dioxins/furans or mercury emissions, you must keep records of
five items:
(a) Records of average carbon feed rate. Document five items:
(1) Average carbon feed rate in kilograms (or pounds) per hour
during all stack tests for dioxins/furans and mercury emissions.
Include supporting calculations in the records.
(2) For the operating parameter chosen to monitor carbon feed rate,
average operating level during all stack tests for dioxins/furans and
mercury emissions. Include supporting data that document the
relationship between the operating parameter and the carbon feed rate.
(3) All 8-hour block average carbon feed rates in kilograms (or
pounds) per hour calculated from the monitored operating parameter.
(4) Total carbon purchased and delivered to the municipal waste
combustion plant for each calendar quarter. If you choose to evaluate
total carbon purchased and delivered on a municipal waste combustion
unit basis, record the total carbon purchased and delivered for each
individual municipal waste combustion unit at your plant. Include
supporting documentation.
(5) Required quarterly usage of carbon for the municipal waste
combustion plant, calculated using equation 4 or 5 in Sec. 60.1935(f).
If you choose to evaluate required quarterly usage for carbon on a
municipal waste combustion unit basis, record the required quarterly
usage for each municipal waste combustion unit at your plant. Include
supporting calculations.
(b) Records of low carbon feed rates. Document three items:
(1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined
during the most recent stack test for dioxins/furans or mercury
emissions (whichever has a higher feed rate).
(2) Reasons for the low carbon feed rates.
(3) Corrective actions you took or are taking to meet the 8-hour
average carbon feed rate requirement.
(c) Records of minimum carbon feed rate data. Document three items:
(1) Calendar dates for which you did not collect the minimum amount
of carbon feed rate data required under Sec. 60.1825.
(2) Reasons you did not collect the minimum data.
(3) Corrective actions you took or are taking to get the required
amount of data.
(d) Records of exclusions. Document each time you have excluded
data from your calculation of average carbon feed rates and the reasons
the data were excluded.
(e) Records of calendar dates. Include the calendar date on each
record.
Model Rule--Reporting
Sec. 60.1860 What reports must I submit and in what form?
(a) Submit an initial report and annual reports, plus semiannual
reports for any emission or parameter level that does not meet the
limits specified in this subpart.
(b) Submit all reports on paper, postmarked on or before the
submittal dates in Secs. 60.1870, 60.1880, and 60.1895. If the
Administrator agrees, you may submit electronic reports.
(c) Keep a copy of all reports required by Secs. 60.1875, 60.1885,
and 60.1900 onsite for 5 years.
Sec. 60.1865 What are the appropriate units of measurement for
reporting my data?
See Tables 2, 3, 4 and 5 of this subpart for appropriate units of
measurement.
Sec. 60.1870 When must I submit the initial report?
As specified in Sec. 60.7(c), submit your initial report by 180
days after your final compliance date.
Sec. 60.1875 What must I include in my initial report?
You must include seven items:
(a) The emission levels measured on the date of the initial
evaluation of your continuous emission monitoring systems for all of
the following five pollutants or parameters as recorded in accordance
with Sec. 60.1850(b).
(1) The 24-hour daily geometric average concentration of sulfur
dioxide emissions or the 24-hour daily
[[Page 76396]]
geometric percent reduction of sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, the 24-hour
daily arithmetic average concentration of nitrogen oxides emissions.
(3) The 4-hour block or 24-hour daily arithmetic average
concentration of carbon monoxide emissions.
(4) The 4-hour block arithmetic average load level of your
municipal waste combustion unit.
(5) The 4-hour block arithmetic average flue gas temperature at the
inlet of the particulate matter control device.
(b) The results of the initial stack tests for eight pollutants or
parameters (use appropriate units as specified in Table 2 or 4 of this
subpart):
(1) Dioxins/furans.
(2) Cadmium.
(3) Lead.
(4) Mercury.
(5) Opacity.
(6) Particulate matter.
(7) Hydrogen chloride.
(8) Fugitive ash.
(c) The test report that documents the initial stack tests
including supporting calculations.
(d) The initial performance evaluation of your continuous emissions
monitoring systems. Use the applicable performance specifications in
appendix B of this part in conducting the evaluation.
(e) The maximum demonstrated load of your municipal waste
combustion unit and the maximum demonstrated temperature of the flue
gases at the inlet of the particulate matter control device. Use values
established during your initial stack test for dioxins/furans emissions
and include supporting calculations.
(f) If your municipal waste combustion unit uses activated carbon
to control dioxins/furans or mercury emissions, the average carbon feed
rates that you recorded during the initial stack tests for dioxins/
furans and mercury emissions. Include supporting calculations as
specified in Sec. 60.1855(a)(1) and (2).
(g) If you choose to monitor carbon dioxide instead of oxygen as a
diluent gas, documentation of the relationship between oxygen and
carbon dioxide, as specified in Sec. 60.1745.
Sec. 60.1880 When must I submit the annual report?
Submit the annual report no later than February 1 of each year that
follows the calendar year in which you collected the data. If you have
an operating permit for any unit under title V of the CAA, the permit
may require you to submit semiannual reports. Parts 70 and 71 of this
chapter contain program requirements for permits.
Sec. 60.1885 What must I include in my annual report?
Summarize data collected for all pollutants and parameters
regulated under this subpart. Your summary must include twelve items:
(a) The results of the annual stack test, using appropriate units,
for eight pollutants, as recorded under Sec. 60.1845(a):
(1) Dioxins/furans.
(2) Cadmium.
(3) Lead
(4) Mercury.
(5) Opacity.
(6) Particulate matter.
(7) Hydrogen chloride.
(8) Fugitive ash.
(b) A list of the highest average levels recorded, in the
appropriate units. List those values for five pollutants or parameters:
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load level of the municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of the particulate
matter air pollution control device (4-hour block average).
(c) The highest 6-minute opacity level measured. Base the value on
all 6-minute average opacity levels recorded by your continuous opacity
monitoring system (Sec. 60.1850(a)(1)).
(d) For municipal waste combustion units that use activated carbon
for controlling dioxins/furans or mercury emissions, include four
records:
(1) The average carbon feed rates recorded during the most recent
dioxins/furans and mercury stack tests.
(2) The lowest 8-hour block average carbon feed rate recorded
during the year.
(3) The total carbon purchased and delivered to the municipal waste
combustion plant for each calendar quarter. If you choose to evaluate
total carbon purchased and delivered on a municipal waste combustion
unit basis, record the total carbon purchased and delivered for each
individual municipal waste combustion unit at your plant.
(4) The required quarterly carbon usage of your municipal waste
combustion plant calculated using equation 4 or 5 in Sec. 60.1935(f).
If you choose to evaluate required quarterly usage for carbon on a
municipal waste combustion unit basis, record the required quarterly
usage for each municipal waste combustion unit at your plant.
(e) The total number of days that you did not obtain the minimum
number of hours of data for six pollutants or parameters. Include the
reasons you did not obtain the data and corrective actions that you
have taken to obtain the data in the future. Include data on:
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load level of the municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of the particulate
matter air pollution control device.
(6) Carbon feed rate.
(f) The number of hours you have excluded data from the calculation
of average levels (include the reasons for excluding it). Include data
for six pollutants or parameters:
(1) Sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only, nitrogen
oxides emissions.
(3) Carbon monoxide emissions.
(4) Load level of the municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of the particulate
matter air pollution control device.
(6) Carbon feed rate.
(g) A notice of your intent to begin a reduced stack testing
schedule for dioxins/furans emissions during the following calendar
year if you are eligible for alternative scheduling (Sec. 60.1795(a) or
(b)).
(h) A notice of your intent to begin a reduced stack testing
schedule for other pollutants during the following calendar year if you
are eligible for alternative scheduling (Sec. 60.1795(a)).
(i) A summary of any emission or parameter level that did not meet
the limits specified in this subpart.
(j) A summary of the data in paragraphs (a) through (d) of this
section from the year preceding the reporting year which gives the
Administrator a summary of the performance of the municipal waste
combustion unit over a 2-year period.
(k) If you choose to monitor carbon dioxide instead of oxygen as a
diluent gas, documentation of the relationship between oxygen and
carbon dioxide, as specified in Sec. 60.1745.
(l) Documentation of periods when all certified chief facility
operators and certified shift supervisors are offsite for more than 12
hours.
Sec. 60.1890 What must I do if I am out of compliance with the
requirements of this subpart?
You must submit a semiannual report on any recorded emission or
parameter
[[Page 76397]]
level that does not meet the requirements specified in this subpart.
Sec. 60.1895 If a semiannual report is required, when must I submit
it?
(a) For data collected during the first half of a calendar year,
submit your semiannual report by August 1 of that year.
(b) For data you collected during the second half of the calendar
year, submit your semiannual report by February 1 of the following
year.
Sec. 60.1900 What must I include in the semiannual out-of-compliance
reports?
You must include three items in the semiannual report:
(a) For any of the following six pollutants or parameters that
exceeded the limits specified in this subpart, include the calendar
date they exceeded the limits, the averaged and recorded data for that
date, the reasons for exceeding the limits, and your corrective
actions:
(1) Concentration or percent reduction of sulfur dioxide emissions.
(2) For Class I municipal waste combustion units only,
concentration of nitrogen oxides emissions.
(3) Concentration of carbon monoxide emissions.
(4) Load level of your municipal waste combustion unit.
(5) Temperature of the flue gases at the inlet of your particulate
matter air pollution control device.
(6) Average 6-minute opacity level. The data obtained from your
continuous opacity monitoring system are not used to determine
compliance with the limit on opacity emissions.
(b) If the results of your annual stack tests (as recorded in
Sec. 60.1845(a)) show emissions above the limits specified in Table 2
or 4 of this subpart as applicable for dioxins/furans, cadmium, lead,
mercury, particulate matter, opacity, hydrogen chloride, and fugitive
ash, include a copy of the test report that documents the emission
levels and your corrective actions.
(c) For municipal waste combustion units that apply activated
carbon to control dioxins/furans or mercury emissions, include two
items:
(1) Documentation of all dates when the 8-hour block average carbon
feed rate (calculated from the carbon injection system operating
parameter) is less than the highest carbon feed rate established during
the most recent mercury and dioxins/furans stack test (as specified in
Sec. 60.1855(a)(1)). Include four items:
(i) Eight-hour average carbon feed rate.
(ii) Reasons for occurrences of low carbon feed rates.
(iii) The corrective actions you have taken to meet the carbon feed
rate requirement.
(iv) The calendar date.
(2) Documentation of each quarter when total carbon purchased and
delivered to the municipal waste combustion plant is less than the
total required quarterly usage of carbon. If you choose to evaluate
total carbon purchased and delivered on a municipal waste combustion
unit basis, record the total carbon purchased and delivered for each
individual municipal waste combustion unit at your plant. Include five
items:
(i) Amount of carbon purchased and delivered to the plant.
(ii) Required quarterly usage of carbon.
(iii) Reasons for not meeting the required quarterly usage of
carbon.
(iv) The corrective actions you have taken to meet the required
quarterly usage of carbon.
(v) The calendar date.
Sec. 60.1905 Can reporting dates be changed?
(a) If the Administrator agrees, you may change the semiannual or
annual reporting dates.
(b) See Sec. 60.19(c) for procedures to seek approval to change
your reporting date.
Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard
Waste
Sec. 60.1910 What is an air curtain incinerator?
An air curtain incinerator operates by forcefully projecting a
curtain of air across an open chamber or open pit in which combustion
occurs. Incinerators of that type can be constructed above or below
ground and with or without refractory walls and floor.
Sec. 60.1915 What is yard waste?
Yard waste is grass, grass clippings, bushes, shrubs, and clippings
from bushes and shrubs. They come from residential, commercial/retail,
institutional, or industrial sources as part of maintaining yards or
other private or public lands. Yard waste does not include two items:
(a) Construction, renovation, and demolition wastes that are exempt
from the definition of ``municipal solid waste'' in Sec. 60.1940.
(b) Clean wood that is exempt from the definition of ``municipal
solid waste'' in Sec. 60.1940.
Sec. 60.1920 What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?
If your air curtain incinerator combusts 100 percent yard waste,
you must only meet the emission limits in this section.
(a) By 180 days after your final compliance date, you must meet two
limits:
(1) The opacity limit is 10 percent (6-minute average) for air
curtain incinerators that can combust at least 35 tons per day of
municipal solid waste and no more than 250 tons per day of municipal
solid waste.
(2) The opacity limit is 35 percent (6-minute average) during the
startup period that is within the first 30 minutes of operation.
(b) Except during malfunctions, the requirements of this subpart
apply at all times. Each malfunction must not exceed 3 hours.
Sec. 60.1925 How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?
(a) Use EPA Reference Method 9 in appendix A of this part to
determine compliance with the opacity limit.
(b) Conduct an initial test for opacity as specified in Sec. 60.8.
(c) After the initial test for opacity, conduct annual tests no
more than 13 calendar months following the date of your previous test.
Sec. 60.1930 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?
(a) Provide a notice of construction that includes four items:
(1) Your intent to construct the air curtain incinerator.
(2) Your planned initial startup date.
(3) Types of fuels you plan to combust in your air curtain
incinerator.
(4) The capacity of your incinerator, including supporting capacity
calculations, as specified in Sec. 60.1935(d) and (e).
(b) Keep records of results of all opacity tests onsite in either
paper copy or electronic format unless the Administrator approves
another format.
(c) Keep all records for each incinerator for at least 5 years.
(d) Make all records available for submittal to the Administrator
or for onsite review by an inspector.
(e) Submit the results (each 6-minute average) of the opacity tests
by February 1 of the year following the year of the opacity emission
test.
(f) Submit reports as a paper copy on or before the applicable
submittal date. If the Administrator agrees, you may submit reports on
electronic media.
(g) If the Administrator agrees, you may change the annual
reporting dates (see Sec. 60.19(c)).
(h) Keep a copy of all reports onsite for a period of 5 years.
[[Page 76398]]
Equations
Sec. 60.1935 What equations must I use?
(a) Concentration correction to 7 percent oxygen. Correct any
pollutant concentration to 7 percent oxygen using equation 1 of this
section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.003
Where:
C7 = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (percent).
(b) Percent reduction in potential mercury emissions. Calculate the
percent reduction in potential mercury emissions (%PHg)
using equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.004
Where:
%PHg = percent reduction of potential mercury emissions
Ei = mercury emission concentration as measured at the air
pollution control device inlet, corrected to 7 percent oxygen, dry
basis
Eo = mercury emission concentration as measured at the air
pollution control device outlet, corrected to 7 percent oxygen, dry
basis
(c) Percent reduction in potential hydrogen chloride emissions.
Calculate the percent reduction in potential hydrogen chloride
emissions (%PHC1) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.005
Where:
%PHC1 = percent reduction of the potential hydrogen chloride
emissions
Ei = hydrogen chloride emission concentration as measured at
the air pollution control device inlet, corrected to 7 percent oxygen,
dry basis
Eo = hydrogen chloride emission concentration as measured at
the air pollution control device outlet, corrected to 7 percent oxygen,
dry basis
(d) Capacity of a municipal waste combustion unit. For a municipal
waste combustion unit that can operate continuously for 24-hour
periods, calculate the municipal waste combustion unit capacity based
on 24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
(1) For municipal waste combustion units with a design based on
heat input capacity, calculate the maximum charging rate based on the
maximum heat input capacity and one of two heating values:
(i) If your municipal waste combustion unit combusts refuse-derived
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500
British thermal units per pound).
(ii) If your municipal waste combustion unit combusts municipal
solid waste, use a heating value of 10,500 kilojoules per kilogram
(4,500 British thermal units per pound).
(2) For municipal waste combustion units with a design not based on
heat input capacity, use the maximum designed charging rate.
(e) Capacity of a batch municipal waste combustion unit. Calculate
the capacity of a batch municipal waste combustion unit as the maximum
design amount of municipal solid waste they can charge per batch
multiplied by the maximum number of batches they can process in 24
hours. Calculate the maximum number of batches by dividing 24 by the
number of hours needed to process one batch. Retain fractional batches
in the calculation. For example, if one batch requires 16 hours, the
municipal waste combustion unit can combust 24/16, or 1.5 batches, in
24 hours.
(f) Quarterly carbon usage. If you use activated carbon to comply
with the dioxins/furans or mercury limits, calculate the required
quarterly usage of carbon using equation 4 of this section for plant
basis or equation 5 of this section for unit basis:
(1) Plant basis.
[GRAPHIC] [TIFF OMITTED] TR06DE00.006
Where:
C = required quarterly carbon usage for the plant in kilograms (or
pounds).
fi = required carbon feed rate for the municipal waste
combustion unit in kilograms (or pounds) per hour. That is the average
carbon feed rate during the most recent mercury or dioxins/furans stack
tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was
in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your
plant.
(2) Unit basis.
[GRAPHIC] [TIFF OMITTED] TR06DE00.007
Where:
C = required quarterly carbon usage for the unit in kilograms (or
pounds).
f = required carbon feed rate for the municipal waste combustion unit
in kilograms (or pounds) per hour. That is the average carbon feed rate
during the most recent mercury or dioxins/furans stack tests (whichever
has a higher feed rate).
h = number of hours the municipal waste combustion unit was in
operation during the calendar quarter (hours).
[[Page 76399]]
Definitions
Sec. 60.1940 What definitions must I know?
Terms used but not defined in this section are defined in the CAA
and in subparts A and B of this part.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or the
Administrator of a State Air Pollution Control Agency.
Air curtain incinerator means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of that type can be constructed
above or below ground and with or without refractory walls and floor.
Batch municipal waste combustion unit means a municipal waste
combustion unit designed so it cannot combust municipal solid waste
continuously 24 hours per day because the design does not allow waste
to be fed to the unit or ash to be removed during combustion.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 (or 366 consecutive days in leap years)
consecutive days starting on January 1 and ending on December 31.
Chief facility operator means the person in direct charge and
control of the operation of a municipal waste combustion unit. That
person is responsible for daily onsite supervision, technical
direction, management, and overall performance of the municipal waste
combustion unit.
Class I units mean small municipal waste combustion units subject
to this subpart that are located at municipal waste combustion plants
with an aggregate plant combustion capacity greater than 250 tons per
day of municipal solid waste. See the definition in this section of
``municipal waste combustion plant capacity'' for specification of
which units at a plant site are included in the aggregate capacity
calculation.
Class II units mean small municipal combustion units subject to
this subpart that are located at municipal waste combustion plants with
aggregate plant combustion capacity less than or equal to 250 tons per
day of municipal solid waste. See the definition in this section of
``municipal waste combustion plant capacity'' for specification of
which units at a plant site are included in the aggregate capacity
calculation.
Clean wood means untreated wood or untreated wood products
including clean untreated lumber, tree stumps (whole or chipped), and
tree limbs (whole or chipped). Clean wood does not include two items:
(1) ``Yard waste,'' which is defined elsewhere in this section.
(2) Construction, renovation, or demolition wastes (for example,
railroad ties and telephone poles) that are exempt from the definition
of ``municipal solid waste'' in this section.
Co-fired combustion unit means a unit that combusts municipal solid
waste with nonmunicipal solid waste fuel (for example, coal, industrial
process waste). To be considered a co-fired combustion unit, the unit
must be subject to a federally enforceable permit that limits it to
combusting a fuel feed stream which is 30 percent or less (by weight)
municipal solid waste as measured each calendar quarter.
Continuous burning means the continuous, semicontinuous, or batch
feeding of municipal solid waste to dispose of the waste, produce
energy, or provide heat to the combustion system in preparation for
waste disposal or energy production. Continuous burning does not mean
the use of municipal solid waste solely to thermally protect the grate
or hearth during the startup period when municipal solid waste is not
fed to the grate or hearth.
Continuous emission monitoring system means a monitoring system
that continuously measures the emissions of a pollutant from a
municipal waste combustion unit.
Dioxins/furans mean tetra-through octachlorinated dibenzo-p-dioxins
and dibenzofurans.
Effective date of State plan approval means the effective date that
the EPA approves the State plan. The Federal Register specifies the
date in the notice that announces EPA's approval of the State plan.
Eight-hour block average means the average of all hourly emission
concentrations or parameter levels when the municipal waste combustion
unit operates and combusts municipal solid waste measured over any of
three 8-hour periods of time:
(1) 12:00 midnight to 8:00 a.m.
(2) 8:00 a.m. to 4:00 p.m.
(3) 4:00 p.m. to 12:00 midnight.
Federally enforceable means all limits and conditions the
Administrator can enforce (including the requirements of 40 CFR parts
60, 61, and 63), requirements in a State's implementation plan, and any
permit requirements established under 40 CFR 52.21 or under 40 CFR
51.18 and 40 CFR 51.24.
First calendar half means the period that starts on January 1 and
ends on June 30 in any year.
Fluidized bed combustion unit means a unit where municipal waste is
combusted in a fluidized bed of material. The fluidized bed material
may remain in the primary combustion zone or may be carried out of the
primary combustion zone and returned through a recirculation loop.
Four-hour block average or 4-hour block average means the average
of all hourly emission concentrations or parameter levels when the
municipal waste combustion unit operates and combusts municipal solid
waste measured over any of six 4-hour periods:
(1) 12:00 midnight to 4:00 a.m.
(2) 4:00 a.m. to 8:00 a.m.
(3) 8:00 a.m. to 12:00 noon.
(4) 12:00 noon to 4:00 p.m.
(5) 4:00 p.m. to 8:00 p.m.
(6) 8:00 p.m. to 12:00 midnight.
Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid
waste in a refractory wall furnace. Unless otherwise specified, that
includes municipal waste combustion units with a cylindrical rotary
refractory wall furnace.
Mass burn rotary waterwall municipal waste combustion unit means a
field-erected municipal waste combustion unit that combusts municipal
solid waste in a cylindrical rotary waterwall furnace.
Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid
waste in a waterwall furnace.
Maximum demonstrated load of a municipal waste combustion unit
means the highest 4-hour block arithmetic average municipal waste
combustion unit load achieved during 4 consecutive hours in the course
of the most recent dioxins/furans stack test that demonstrates
compliance with the applicable emission limit for dioxins/furans
specified in this subpart.
Maximum demonstrated temperature of the particulate matter control
device means the highest 4-hour block arithmetic average flue gas
temperature measured at the inlet of the particulate matter control
device during 4 consecutive hours in the course of the most recent
stack test for dioxins/furans emissions that demonstrates compliance
with the limits specified in this subpart.
Medical/infectious waste means any waste meeting the definition of
``medical/infectious waste'' in Sec. 60.51c.
[[Page 76400]]
Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion
unit means a combustion unit that combusts coal and refuse-derived fuel
simultaneously, in which pulverized coal is introduced into an air
stream that carries the coal to the combustion chamber of the unit
where it is combusted in suspension. That includes both conventional
pulverized coal and micropulverized coal.
Modification or modified municipal waste combustion unit means a
municipal waste combustion unit you have changed after June 6, 2001 and
that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
unit (not including the cost of land) updated to current costs.
(2) Any physical change in the municipal waste combustion unit or
change in the method of operating it that increases the emission level
of any air pollutant for which new source performance standards have
been established under section 129 or section 111 of the CAA. Increases
in the emission level of any air pollutant are determined when the
municipal waste combustion unit operates at 100 percent of its physical
load capability and are measured downstream of all air pollution
control devices. Load restrictions based on permits or other
nonphysical operational restrictions cannot be considered in the
determination.
Modular excess-air municipal waste combustion unit means a
municipal waste combustion unit that combusts municipal solid waste, is
not field-erected, and has multiple combustion chambers, all of which
are designed to operate at conditions with combustion air amounts in
excess of theoretical air requirements.
Modular starved-air municipal waste combustion unit means a
municipal waste combustion unit that combusts municipal solid waste, is
not field-erected, and has multiple combustion chambers in which the
primary combustion chamber is designed to operate at substoichiometric
conditions.
Municipal solid waste or municipal-type solid waste means
household, commercial/retail, or institutional waste. Household waste
includes material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing. Commercial/retail
waste includes material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at industrial facilities, and
other similar establishments or facilities. Institutional waste
includes materials discarded by schools, by hospitals (nonmedical), by
nonmanufacturing activities at prisons and government facilities, and
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste
does not include used oil; sewage sludge; wood pallets; construction,
renovation, and demolition wastes (which include railroad ties and
telephone poles); clean wood; industrial process or manufacturing
wastes; medical waste; or motor vehicles (including motor vehicle parts
or vehicle fluff).
Municipal waste combustion plant means one or more municipal waste
combustion units at the same location as specified under Applicability
of State Plans (Sec. 60.1550(a)).
Municipal waste combustion plant capacity means the aggregate
municipal waste combustion capacity of all municipal waste combustion
units at the plant that are not subject to subparts Ea, Eb, or AAAA of
this part.
Municipal waste combustion unit means any setting or equipment that
combusts solid, liquid, or gasified municipal solid waste including,
but not limited to, field-erected combustion units (with or without
heat recovery), modular combustion units (starved-air or excess-air),
boilers (for example, steam generating units), furnaces (whether
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or
fluidized bed-fired), and pyrolysis/combustion units. Two criteria
further define municipal waste combustion units:
(1) Municipal waste combustion units do not include pyrolysis or
combustion units located at a plastics or rubber recycling unit as
specified under Applicability of State Plans (Sec. 60.1555(h) and (i)).
Municipal waste combustion units do not include cement kilns that
combust municipal solid waste as specified under Applicability of State
Plans (Sec. 60.1555(j)). Municipal waste combustion units also do not
include internal combustion engines, gas turbines, or other combustion
devices that combust landfill gases collected by landfill gas
collection systems.
(2) The boundaries of a municipal waste combustion unit are defined
as follows. The municipal waste combustion unit includes, but is not
limited to, the municipal solid waste fuel feed system, grate system,
flue gas system, bottom ash system, and the combustion unit water
system. The municipal waste combustion unit does not include air
pollution control equipment, the stack, water treatment equipment, or
the turbine-generator set. The municipal waste combustion unit boundary
starts at the municipal solid waste pit or hopper and extends through
three areas:
(i) The combustion unit flue gas system, which ends immediately
after the heat recovery equipment or, if there is no heat recovery
equipment, immediately after the combustion chamber.
(ii) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. It includes all ash handling systems connected to the bottom
ash handling system.
(iii) The combustion unit water system, which starts at the feed
water pump and ends at the piping that exits the steam drum or
superheater.
Particulate matter means total particulate matter emitted from
municipal waste combustion units as measured using EPA Reference Method
5 in appendix A of this part and the procedures specified in
Sec. 60.1790.
Plastics or rubber recycling unit means an integrated processing
unit for which plastics, rubber, or rubber tires are the only feed
materials (incidental contaminants may be in the feed materials). The
feed materials are processed and marketed to become input feed stock
for chemical plants or petroleum refineries. The following three
criteria further define a plastics or rubber recycling unit:
(1) Each calendar quarter, the combined weight of the feed stock
that a plastics or rubber recycling unit produces must be more than 70
percent of the combined weight of the plastics, rubber, and rubber
tires that recycling unit processes.
(2) The plastics, rubber, or rubber tires fed to the recycling unit
may originate from separating or diverting plastics, rubber, or rubber
tires from municipal or industrial solid waste. The feed materials may
include manufacturing scraps, trimmings, and off-specification
plastics, rubber, and rubber tire discards.
(3) The plastics, rubber, and rubber tires fed to the recycling
unit may contain incidental contaminants (for example, paper labels on
plastic bottles or metal rings on plastic bottle caps).
Potential hydrogen chloride emissions means the level of emissions
from a municipal waste combustion unit that would occur from combusting
municipal solid waste without emission controls for acid gases.
[[Page 76401]]
Potential mercury emissions means the level of emissions from a
municipal waste combustion unit that would occur from combusting
municipal solid waste without controls for mercury emissions.
Potential sulfur dioxide emissions means the level of emissions
from a municipal waste combustion unit that would occur from combusting
municipal solid waste without emission controls for acid gases.
Pyrolysis/combustion unit means a unit that produces gases,
liquids, or solids by heating municipal solid waste. The gases,
liquids, or solids produced are combusted and the emissions vented to
the atmosphere.
Reconstruction means rebuilding a municipal waste combustion unit
and meeting two criteria:
(1) The reconstruction begins after June 6, 2001.
(2) The cumulative cost of the construction over the life of the
unit exceeds 50 percent of the original cost of building and installing
the municipal waste combustion unit (not including land) updated to
current costs (current dollars). To determine what systems are within
the boundary of the municipal waste combustion unit used to calculate
the costs, see the definition in this section of ``municipal waste
combustion unit.''
Refractory unit or refractory wall furnace means a municipal waste
combustion unit that has no energy recovery (such as through a
waterwall) in the furnace of the municipal waste combustion unit.
Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. That includes all classes of refuse-derived fuel
including two fuels:
(1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
(2) Pelletized refuse-derived fuel.
Same location means the same or contiguous properties under common
ownership or control, including those separated only by a street, road,
highway, or other public right-of-way. Common ownership or control
includes properties that are owned, leased, or operated by the same
entity, parent entity, subsidiary, subdivision, or any combination
thereof. Entities may include a municipality, other governmental unit,
or any quasi-governmental authority (for example, a public utility
district or regional authority for waste disposal).
Second calendar half means the period that starts on July 1 and
ends on December 31 in any year.
Shift supervisor means the person who is in direct charge and
control of operating a municipal waste combustion unit and who is
responsible for onsite supervision, technical direction, management,
and overall performance of the municipal waste combustion unit during
an assigned shift.
Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel)
combustion unit means a municipal waste combustion unit that combusts
coal and refuse-derived fuel simultaneously, in which coal is
introduced to the combustion zone by a mechanism that throws the fuel
onto a grate from above. Combustion takes place both in suspension and
on the grate.
Standard conditions when referring to units of measure mean a
temperature of 20 deg.C and a pressure of 101.3 kilopascals.
Startup period means the period when a municipal waste combustion
unit begins the continuous combustion of municipal solid waste. It does
not include any warmup period during which the municipal waste
combustion unit combusts fossil fuel or other solid waste fuel but
receives no municipal solid waste.
State means any of the 50 United States and the protectorates of
the United States.
State plan means a plan submitted pursuant to sections 111(d) and
129(b)(2) of the CAA and subpart B of this part, that implements and
enforces this subpart.
Stoker (refuse-derived fuel) combustion unit means a steam
generating unit that combusts refuse-derived fuel in a semisuspension
combusting mode, using air-fed distributors.
Total mass dioxins/furans or total mass means the total mass of
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as
determined using EPA Reference Method 23 in appendix A of this part and
the procedures specified in Sec. 60.1790.
Twenty-four hour daily average or 24-hour daily average means
either the arithmetic mean or geometric mean (as specified) of all
hourly emission concentrations when the municipal waste combustion unit
operates and combusts municipal solid waste measured during the 24
hours between 12:00 midnight and the following midnight.
Untreated lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products.
Untreated lumber does not include wood products that have been painted,
pigment-stained, or pressure-treated by compounds such as chromate
copper arsenate, pentachlorophenol, and creosote.
Waterwall furnace means a municipal waste combustion unit that has
energy (heat) recovery in the furnace (for example, radiant heat
transfer section) of the combustion unit.
Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. They come from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include two items:
(1) Construction, renovation, and demolition wastes that are exempt
from the definition of ``municipal solid waste'' in this section.
(2) Clean wood that is exempt from the definition of ``municipal
solid waste'' in this section.
Tables
Table 1 of Subpart BBBB--Model Rule--Compliance Schedules and Increments of Progress
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increment 1 (Submit Increment 2 (Award Increment 3 (Begin Increment 4 (Complete Increment 5 (Final
Affected units final control plan) contracts) onsite construction) onsite construction) compliance)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. All Class I units a b (Dates to be specified (Dates to be specified (Dates to be (Dates to be (Dates to be
in State plan). in State plan). specified in State specified in State specified in State
plan). plan). plan) c d.
2. All Class II units a e.......... (Dates to be specified Not applicable........ Not applicable....... Not applicable....... (Dates to be
in State plan). specified in State
plan) c.
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Plant specific schedules can be used at the discretion of the State.
[[Page 76402]]
b Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an
aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See Sec. 60.1940 for definitions.
c The date can be no later than 3 years after the effective date of State plan approval or December 6, 2005.
d For Class I units that began construction, reconstruction, or modification after June 26, 1987, comply with the dioxins/furans and mercury limits by
the later of two dates:
1. One year after the effective date of State plan approval.
2. One year after the issuance of a revised construction or operation permit, if a permit modification is required.
3. Final compliance with the dioxins/furans limits must be achieved no later than December 6, 2005, even if the date one year after the issuance of a
revised construction or operation permit is after December 6, 2005.
e Class II units mean all small municipal combustion units subject to this subpart that are located at municipal waste combustion plants with aggregate
plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See Sec. 60.1940 for definitions.
Table 2 of Subpart BBBB--Model Rule--Class I Emission Limits for Existing Small Municipal Waste Combustion Units
a
----------------------------------------------------------------------------------------------------------------
You must meet the Using the following And determine compliance
For the following pollutants following emission limits averaging times by the following methods
-------------------------------------------------b--------------------------------------------------------------
1. Organics:
Dioxins/Furans (total mass 30 nanograms per dry 3-run average Stack test.
basis). standard cubic meter for (minimum run
municipal waste duration is 4 hours).
combustion units that do
not employ an
electrostatic
precipitator-based
emission control system -
or-.
60 nanograms per dry
standard cubic meter for
municipal waste
combustion units that
employ an electrostatic
precipitator-based
emission control system.
2. Metals:
Cadmium....................... 0.040 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified
in test method).
Lead.......................... 0.490 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified
in test method).
Mercury....................... 0.080 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified
in test method).
85 percent reduction of
potential mercury
emissions.
Opacity....................... 10 percent................ Thirty 6-minute Stack test.
averages.
Particulate Matter............ 27 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified
in test method).
3. Acid Gases:
Hydrogen Chloride............. 31 parts per million by 3-run average Stack test.
dry volume 95 percent (minimum run
reduction of potential duration is 1 hour).
hydrogen chloride
emissions.
Sulfur Dioxide................ 31 parts per million by 24-hour daily block Continuous emission
dry volume 75 percent geometric average monitoring system.
reduction of potential concentration
sulfur dioxide emissions. percent reduction.
4. Other:
Fugitive Ash.................. Visible emissions for no Three 1-hour Visible emission test.
more than 5 percent of observation periods.
hourly observation period.
----------------------------------------------------------------------------------------------------------------
a Class I units mean small municipal waste combustion units subject to this subpart that are located at
municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of
municipal solid waste. See Sec. 60.1940 for definitions.
b All emission limits (except for opacity) are measured at 7 percent oxygen.
Table 3 of Subpart BBBB--Model Rule--Class I Nitrogen Oxides Emission
Limits for Existing Small Municipal Waste Combustion Unitsa,b,c
------------------------------------------------------------------------
Limits for class I municipal
Municipal waste combustion technology waste combustion units
------------------------------------------------------------------------
1. Mass burn waterwall................. 200 parts per million by dry
volume.
2. Mass burn rotary waterwall.......... 170 parts per million by dry
volume.
3. Refuse-derived fuel................. 250 parts per million by dry
volume.
4. Fluidized bed....................... 220 parts per million by dry
volume.
5. Mass burn refractory................ 350 parts per million by dry
volume.
6. Modular excess air.................. 190 parts per million by dry
volume.
7. Modular starved air................. 380 parts per million by dry
volume.
------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to
this subpart that are located at municipal waste combustion plants
with an aggregate plant combustion capacity greater than 250 tons per
day of municipal solid waste. See Sec. 60.1940 for definitions.
\b\ Nitrogen oxides limits are measured at 7 percent oxygen.
\c\ All limits are 24-hour daily block arithmetic average concentration.
Compliance is determined for Class I units by continuous emission
monitoring systems.
[[Page 76403]]
Table 4 of Subpart BBBB--Model Rule--Class II Emission Limits for Existing Small Municipal Waste Combustion
Unita
----------------------------------------------------------------------------------------------------------------
You must meet the
following emission Using the following And determine
For the following pollutants following determine averaging times compliance by the
limitsb following methods
----------------------------------------------------------------------------------------------------------------
1. Organics:
Dioxins/Furans (total mass basis) 125 nanorgrams per dry 3-run average (minimum Stack test.
standard cubic meter. run duration is 4
hours).
2. Metals:
Cadmium.......................... 0.10 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified in
test method).
Lead............................. 1.6 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified in
test method).
Mercury.......................... 0.080 milligrams per 3-run average (run Stack test.
dry standard cubic duration specified in
meter. test method).
85 percent reduction of
potential mercury
emissions.
Opacity.......................... 10 percent............. Thirty 6-minute average Stack test.
Particulate Matter............... 70 milligrams per dry 3-run average (run Stack test.
standard cubic meter. duration specified in
test method).
3. Acid Gases:
Hydrogen Chloride................ 250 parts per million 3-run average (minimum Stack test.
by volume -or-. run duration is 1
hour).
50 percent reduction of
potential hydrogen
chloride emissions.
Sulfur Dioxide....................... 77 parts per million by 24-hour daily block Continuous emission
dry volume -or-. geometric average monitoring system.
50 percent reduction of concentration -or-
potential sulfur percent reduction.
dioxides emissions.
4. Other:
Fugitive Ash..................... Visible emissions for Three 1-hour Visible emission test.
no more than 5 percent observation periods.
of hourly observation
period.
----------------------------------------------------------------------------------------------------------------
\a\ Class II units mean all small municipal combustion units subject to this subpart that are located at
municipal waste combustion plants with aggregate plant combustion capacity less than or equal to 250 tons per
day of municipal solid waste. See Sec. 60.1940 for definitions.
\b\ All emission limits (except for opacity) are measured at 7 percent oxygen.
\c\ No monitoring, testing, recordkeeping or reporting is required to demonstrate compliance with the nitrogen
oxides limit for Class II units.
Table 5 of Subpart BBBB--Model Rule--Carbon Monoxide Emission Limits for
Existing Small Municipal Waste Combustion Units
------------------------------------------------------------------------
Using the
For the following municipal You must meet the following
waste combustion units following carbon averaging times
monoxide limits \a\ \b\
------------------------------------------------------------------------
1. Fluidized bed.............. 100 parts per million 4-hour.
by dry volume.
2. Fluidized bed, mixed fuel, 200 parts per million 24-hour \c\.
(wood/refuse-derived fuel). by dry volume.
3. Mass burn rotary refractory 100 parts per million 4-hour.
by dry volume.
4. Mass burn rotary waterwall. 250 parts per million 24-hour.
by dry volume.
5. Mass burn waterwall and 100 parts per million 4-hour.
refractory. by dry volume.
6. Mixed fuel-fired, 150 parts per million 4-hour.
(pulverized coal/refuse- by dry volume.
derived fuel).
7. Modular starved-air and 50 parts per million 4-hour.
excess air. by dry volume.
8. Spreader stoker, mixed fuel- 200 parts per million 24-hour daily.
fired (coal/refuse-derived by dry volume.
fuel).
9. Stoker, refuse-derived fuel 200 parts per million 24-hour daily.
by dry volume.
------------------------------------------------------------------------
\a\ All emission limits (except for opacity) are measured at 7 percent
oxygen. Compliance is determined by continuous emission monitoring
systems.
\b\ Block averages, arithmetic mean. See Sec. 60.1940 for definitions.
\c\ 24-hour block average, geometric mean.
[[Page 76404]]
Table 6 of Subpart BBBB--Model Rule--Requirements for Validating
Continuous Emission Monitoring Systems (CEMS)
------------------------------------------------------------------------
Use the following
methods in Use the following
appendix A of this methods in
For the following continuous part to validate appendix A of this
emission monitoring systems poollutant part to measure
concentratin oxygen (or carbon
levels dioxide)
------------------------------------------------------------------------
1. Nitrogen Oxides (Class I Method 7, 7A, Method 3 or 3A.
units only)\a\. 7B,7C, 7D, or 7E.
2. Sulfur Dioxide............... Method 6 or 6C.... Method 3 or 3A.
3. Carbon Monoxide.............. Method 10, 10A, or Method 3 or 3A.
10B.
------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to
this subpart that are located at municipal waste combustion plants
with an aggregate plant combustion capacity greater than 250 tons per
day of municipal solid waste. See Sec. 60.1940 for definitions.
Table 7 of Subpart BBBB--``Model Rule--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
If needed to meet
Use the following minimum data
performance requirements, use the
For the following pollutants Use the following span specifications in folloiwng alternate
values for CEMS appendix B of this methods in appendix A
part for your CEMS of this part to
collect data
----------------------------------------------------------------------------------------------------------------
1. Opacity......................... 100 percent opacity........ P.S. 1................ Method 9.
2. Nitrogen Oxides (Class I units Control device outlet: 125 P.S. 2................ Method 7E.
only). percent of the maximum
expected hourly potential
nitrogen oxides emissions
of the municipal waste
combustion unit.
3. Sulfur Dioxide.................. Inlet to control device: P.S. 2................ Method 6C.
125 percent of the maximum
expected hourly potential
sulfur dioxide emissions
of the municipal waste
combustion unit.
Control device outlet: 50
percent of the maximum
expected hourly potential
sulfur dioxide emissions
of the municipal waste
combustion unit.
4. Carbon Monoxide................. 125 percent of the maximum P.S. 4A............... Method 10 with
expected hourly potential alternative
carbon monoxide emissions interference trap.
of the municipal waste
combustion unit.
5. Oxygen or Carbon Dioxide........ 25 percent oxygen or 25 P.S. 3................ Method 3A or 3B.
percent carbon dioxide.
----------------------------------------------------------------------------------------------------------------
Table 8 of Subpart BBBB--Model Rule--Requirements for Stack Tests
----------------------------------------------------------------------------------------------------------------
Use the following Use the following
methods in appendix A methods in appendix A
To measure the following pollutants of this part to of this part to Also note the following
determine the sampling measure pollutant additional information
location concentration
----------------------------------------------------------------------------------------------------------------
1. Organics
Dioxins/Furans................. Method 1.............. Method 23 a........... The minimum sampling time
must be 4 hours per test
run while the municipal
waste combustion unit is
operating at full load.
2. Metals
Cadmium........................ Method 1.............. Method 29 a........... Compliance testing must be
performed while the
municipal waste combustion
unit is operating at full
load.
Lead........................... Method 1.............. Method 29 a........... Compliance testing must be
performed while the
municipal waste combustion
unit is operating at full
load.
Mercury........................ Method 1.............. Method 29 a........... Compliance testing must be
performed while the
municipal waste combustion
unit is operating at full
load.
Opacity........................ Method 9.............. Method 9.............. Use Method 9 to determine
compliance with opacity
limits. 3-hour observation
period (thirty 6-minute
averages).
Particulate Matter............. Method 1.............. Method 5 or 29 ....... The minimum sample volume
must be 1.0 cubic meters.
The probe and filter
holder heating systems in
the sample train must be
set to provide a gas
temperature no greater
than 160 14
deg.C. The minimum
sampling time is 1 hour.
3. Acid Gases b
Hydrogen Chloride.............. Method 1.............. Method 26 or 26A a.... Test runs must be at least
1 hour long while the
municipal waste combustion
unit is operating at full
load.
4. Other b
[[Page 76405]]
Fugitive Ash................... Not applicable........ Method 22 (visible The three 1-hour
emissions). observation period must
include periods when the
facility transfers
fugitive ash from the
municipal waste combustion
unit to the area where the
fugitive ash is stored or
loaded into containers or
trucks.
----------------------------------------------------------------------------------------------------------------
a Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part.
b Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except for
quality assurance requirements in Appendix F of this part.
[FR Doc. 00-30002 Filed 12-5-00; 8:45 am]
BILLING CODE 6560-50-P