[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Proposed Rules]
[Pages 32484-32526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14619]
[[Page 32483]]
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Part IV
Environmental Protection Agency
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40 CFR Parts 60 and 62
Federal Plan Requirements for Small Municipal Waste Combustion Units
Constructed On or Before August 30, 1999; Proposed Rule
Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 /
Proposed Rules
[[Page 32484]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 62
[AD-FRL-6995-3]
RIN 2060-AJ46
Federal Plan Requirements for Small Municipal Waste Combustion
Units Constructed On or Before August 30, 1999
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On December 6, 2000, EPA adopted emission guidelines for
existing small municipal waste combustion (MWC) units. Existing small
MWC units are those units on which construction was commenced on or
before August 30, 1999. Sections 111 and 129 of the Clean Air Act (CAA)
require States with existing small MWC units subject to the emission
guidelines to submit plans to EPA that implement and enforce the
emission guidelines. Indian Tribes may submit, but are not required to
submit, Tribal plans to implement and enforce the emission guidelines
in Indian country. State plans are due from States with small MWC units
subject to the emission guidelines on December 6, 2001. If a State or
Tribe with existing small MWC units does not submit an approvable plan
within 2 years after promulgation of the emission guidelines (December
6, 2002), sections 111(d) and 129 of the CAA require EPA to develop,
implement, and enforce a Federal plan for small MWC units located in
that State or Tribal jurisdiction. This action proposes a Federal plan
to implement emission guidelines for small MWC units located in States
and Indian country without EPA approved and effective State or Tribal
plans. This Federal plan, when it is finalized, will be an interim
action because on the effective date of an approved State or Tribal
plan, the Federal plan will no longer apply to small MWC units covered
by the State or Tribal plan.
DATES: Comments. Comments on the proposed small MWC Federal plan must
be received on or before August 13, 2001.
Public hearing. A public hearing will be held if requests to speak
are received by June 29, 2001. For additional information on the public
hearing and requesting to speak, see the Supplementary Information
section of this preamble. The hearing would take place approximately 30
days after June 14, 2001 and would begin at 10:00 a.m.
ADDRESSES: Comments. Submit comments (in duplicate, if possible) to:
The Air and Radiation Docket and Information Center (MC-6102),
Attention: Docket No. A-2000-39 (Federal plan for small municipal waste
combustion units), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Comments and data may
be filed electronically by following the instructions under the
SUPPLEMENTARY INFORMATION section of this preamble.
Public Hearing. If EPA receives requests to speak, the hearing
would take place in Research Triangle Park, North Carolina.
Docket. Docket No. A-2000-39 contains the supporting information
for this proposal. Docket Nos. A-89-08, A-90-45, and A-98-18 contain
the supporting information for the EPA's promulgation of emission
guidelines for existing small MWC units. 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 docket is located in Room M-1500, Waterside
Mall (ground floor, central mall). The fax number for the Center is
(202) 260-4000 and the E-mail address is ``[email protected]''. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker at (919) 541-5420,
Program Implementation and Review Group, Information Transfer and
Program Integration Division (MD-12), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711, email:
[email protected]. For information regarding implementation of this
Federal plan, contact the appropriate Regional Office (table 1) as
shown in Supplementary Information.
SUPPLEMENTARY INFORMATION:
Comment Information. Comments may be submitted electronically via
electronic mail (e-mail) or on disk. Electronic comments on this
proposed rule may be filed via e-mail at most Federal Depository
Libraries. Please submit E-mail comments to: ``[email protected]''. Electronic comments must be submitted as an American
Standard Code for Information Interchange (ASCII) file avoiding the use
of special characters or encryption, if possible. Comments and data
will also be accepted on disks or as an e-mail attachment in
WordPerfect 5.1, 6.1, or Corel 8.0 file format or ASCII file format.
All comments and data for this proposal, whether in paper form or
electronic forms such as through e-mail or on diskette, must be
identified by Docket No. A-2000-39.
Persons wishing to submit proprietary information for consideration
must clearly distinguish such information from other comments by
clearly labeling it ``Confidential Business Information'' (CBI). Submit
CBI directly to the following address, and not the public docket, to
ensure that proprietary information is not inadvertently placed in the
docket: Mr. Roberto Morales, OAQPS Document Control Officer, 411 W.
Chapel Hill Street, Room 740B, Durham, North Carolina 27701.
Information covered by such a claim of confidentiality will be
disclosed by the EPA only to the extent allowed and by the procedures
set forth in 40 CFR part 2. If no claim of confidentiality is made with
the submission, the submission may be made available to the public
without further notice. No confidential business information should be
submitted through e-mail.
Public Hearing. If timely requests to speak at a public hearing are
received by June 29, 2001, a public hearing would be held in Research
Triangle Park, NC. The public hearing will provide interested parties
the opportunity to present data, views, or arguments concerning the
proposed Federal plan. If you wish to speak at a public hearing, you
should notify Ms. Christine Adams at (919) 541-5590.
Background Information. A list of combustion related rules is
available on the Combustion Group website on the EPA Technology
Transfer Network website (TTN Web) at http://www.epa.gov/ttn/uatw/combust/list.html. You may obtain Federal Register notices, supporting
information, and docket indices for these combustion related rules.
Regional Office Contacts. For information regarding the
implementation of the small MWC Federal plan, contact the appropriate
EPA Regional Office as shown in table 1.
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Table 1.--EPA Regional Contacts for Municipal Waste Combustors
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Regional contact Phone No. Fax No.
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John Courcier, U.S. EPA, Region (617) 918-1659 (617) 918-1505
I (Connecticut, Maine,
Massachusetts, New Hampshire,
Rhode Island, Vermont), John F.
Kennedy Federal Bldg. (CAP), 1
Congress Street, Suite 1100,
Boston, MA 02114-2023..........
Ted Gardella, U.S. EPA, Region (212) 637-3892
II (New Jersey, New York,
Puerto Rico, Virgin Islands),
Air Program Branch/25th Floor,
290 Broadway, New York, NY
10007-1866.....................
James B. Topsale, U.S. EPA, (215) 814-2190 (215) 814-2124
Region III (Delaware, District
of Columbia, Maryland,
Pennsylvania, Virginia, West
Virginia), 1650 Arch Street
Philadelphia, PA 19103-2029....
Scott Davis, U.S. EPA, Region (404) 562-9127 (404) 562-9095
IV, (Alabama, Florida, Georgia,
Kentucky, Mississippi, North
Carolina, South Carolina,
Tennessee), Atlanta Federal
Center APTMD/12th Floor 61
Forsyth Street, SW, Atlanta, GA
30303-8960.....................
Douglas Aburano (AR-18J)........ (312) 353-6960 (312) 886-0617
Charles Hatten (AR-18J)......... (312) 886-6031 (312) 886-0617
John Paskevicz (AR-18H), U.S. (312) 886-6084 (312) 886-5824
EPA, Region V (Illinois,
Indiana, Michigan, Minnesota,
Ohio, Wisconsin), 77 W. Jackson
Blvd. Chicago, IL 60604-3507...
Kenneth Boyce, U.S. EPA, Region (214) 665-7259 (214) 665-7263
VI (Arkansas, Louisiana, New
Mexico, Oklahoma, Texas), 1445
Ross Ave., Suite 1200, Dallas,
TX 75202-2733..................
Wayne Kaiser, U.S. EPA, Region (913) 551-7603 (913) 551-7065
VII (Iowa, Kansas, Missouri,
Nebraska), 901 N. 5th Street,
Kansas City, KS 66101..........
Mike Owens, U.S. EPA, Region (303) 312-6440 (303) 312-6064
VIII (Colorado, Montana, North
Dakota, South Dakota, Utah,
Wyoming), 999 18th Street,
Suite 300, Denver, CO 80202-
2466...........................
Mae Wang, U.S. EPA, Region IX (415) 744-1200 (415) 744-1076
(American Samoa, Arizona,
California, Guam, Hawaii,
Northern Mariana Islands,
Nevada) 75 Hawthorne Street,
San Francisco, CA 94105........
Tracy Oliver, U.S. EPA, Region X (206) 553-1388 (206) 553-0110
(Alaska, Idaho, Oregon,
Washington), 1200 Sixth Ave.
Seattle, WA 98101..............
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Regulated Entities. Entities regulated by this action are existing
small MWC units with capacities to combust 35 to 250 tons per day of
municipal solid waste. The promulgation of this Federal plan would
affect the following categories of sources:
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Examples of regulated
Category NAICS codes SIC codes entities
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Industry, Federal government, and 562213; 92411 4953; 9511 Solid waste combustors
State/local/ tribal governments. or incinerators 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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This list is not intended to be exhaustive, but rather provides a
guide regarding the entities EPA expects to be regulated by this
Federal plan. This small MWC Federal plan would primarily impact
facilities in North American Industrial Classification System (NAICS)
codes 562213 and 92411, formerly Standard Industrial Classification
(SIC) codes 4953 and 9511, respectively. Not all facilities classified
under these codes will be affected. To determine whether a facility
will be regulated by this Federal plan, carefully examine the
applicability criteria in Secs. 62.15010 through 62.15035 of the
proposed Federal plan. If you have any questions regarding the
applicability of this action to your small MWC unit contact the
Regional Office listed in Table 1.
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
I. Background of MWC Regulations
II. What Are the Required Elements of the Proposed Small MWC
Federal Plan?
A. Legal Authority and Enforcement Mechanism
B. Inventory of Affected MWC Units
C. Inventory of Emissions
D. Emission Limits
E. Compliance Schedules and Increments of Progress
F. Record of Public Hearings
G. Testing, Monitoring, Recordkeeping, and Reporting
H. Progress Reports
III. Affected Facilities
A. Which MWC Units Will be Affected by the Small MWC Federal
Plan?
B. How do I Determine If My Small MWC Unit Is Covered by an
Approved and Currently Effective State or Tribal Plan?
IV. Summary of the Proposed Small MWC Federal Plan
A. What Are the Subcategories of Small MWC Units?
B. What Does the Federal Plan Require?
C. What Is the Compliance Schedule?
D. How Did EPA Determine the Compliance Schedule?
E. How Do the Federal Plan Compliance Dates Interact With the
State Plan Compliance Dates?
V. Implications for Closed Units, Units That Plan To Close, and
Units That Plan To De-Rate
A. Dismantled Units
B. Units That Have Ceased Operation
C. Units That Will Cease Operation Within 1 Year of the
Effective Date of the Federal Plan
D. Units That Will Cease Operation Later Than 1 Year After the
Effective Date of the Federal Plan
E. Units That Will Cease Operation and Plan To Restart After
the Applicable Final Compliance Date in the Federal Plan
F. Units That Plan To De-rate
VI. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan and Retained Authorities
C. Mechanisms for Transferring Authority
VII. Title V Operating Permits
VIII. Units Subject to the Federal Plan and New Source Performance
Standards
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IX. Amendment to Subpart A of 40 CFR Part 62
X. 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/Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Background of MWC Regulations
On December 6, 2000, EPA promulgated emission guidelines for
existing small municipal waste combustion units (40 CFR part 60,
subpart BBBB). Existing small MWC units are those units on which
construction was commenced on or before August 30, 1999. States with
existing small MWC units subject to the emission guidelines are
required to submit to EPA a plan that implements and enforces the
subpart BBBB emission guidelines within 1 year after promulgation of
the emission guidelines, or by December 6, 2001. Section 129(b)(3) of
the CAA requires EPA to develop, implement, and enforce a Federal plan
for small MWC units located in States that have not submitted an
approvable plan within 2 years after promulgation of the guidelines, or
by December 6, 2002. This action proposes a Federal plan for small MWC
units that are not covered by an EPA approved and effective State or
Tribal plan. The EPA intends to make this small MWC Federal plan
effective December 6, 2002. The elements of the Federal plan are
summarized in section II of this preamble.
On December 19, 1995, EPA promulgated emission guidelines (40 CFR
part 60, subpart Cb) for large and small MWC units. In 1997, the U.S.
Court of Appeals for the D.C. Circuit vacated the emission guidelines
as they applied to small MWC units (Davis County Solid Waste Management
and Recovery District v. EPA, 108 F. 3d 1454, D.C. Cir.1997). States or
Tribes with existing large MWC units subject to the subpart Cb emission
guidelines were required to submit to EPA a State or Tribal plan for
those large units by December 19, 1996. To regulate large MWC units in
areas without approved and currently effective State or Tribal plans,
EPA promulgated a Federal plan for large units (40 CFR part 62, subpart
FFF) on November 12, 1998. The subpart FFF Federal plan and previously
submitted State plans apply to only large MWC units. A separate Federal
plan and separate State plans must be prepared to implement the subpart
BBBB emission guidelines for small MWC units.
II. What Are The Required Elements of the Proposed Small MWC
Federal Plan?
Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d)
and 7429(b)(2), require States to develop and implement State plans for
MWC units to implement and enforce the MWC emission guidelines.
Subparts B and BBBB of 40 CFR part 60 require States to submit State
plans that include specified elements. Because this Federal plan is
being proposed in lieu of State plans, it includes the same essential
elements: (1) Identification of legal authority; (2) identification of
mechanisms for implementation; (3) inventory of affected facilities;
(4) emission inventory; (5) emission limits; (6) compliance schedules;
(7) public hearing requirements; (8) reporting and recordkeeping
requirements; and (9) public progress reports. Each State plan element
is summarized below as it relates to this proposed small MWC Federal
plan. Table 2 lists each element and identifies where it is located or
codified.
Table 2.--Required Elements of the Small MWC Federal Plan
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Required element of the small MWC Federal
plan Location
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Legal authority and enforcement mechanism... Section 129(b)(3) of the CAA
Inventory of Affected MWC Units............. Docket A-2000-39
Inventory of Emissions...................... Docket A-2000-39
Emission Limits............................. 40 CFR 62.15155 through 62.15165
Compliance Schedules........................ 40 CFR 62.15040 through 62.15095
Record of Public Hearings................... Docket A-2000-39
Testing, Monitoring, Recordkeeping, and 40 CFR 62.15170 through 62.15360
Reporting.
Progress Reports............................ Section II.H of this preamble
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A. Legal Authority and Enforcement Mechanism
A State or Tribal plan must demonstrate that the State or Tribe has
the legal authority to adopt and implement the emission guidelines.
(See 40 CFR 60.26.) In its plan, the State or Tribe must identify the
enforcement mechanism for implementing the emission guidelines, such as
a State or Tribal rule.
1. EPA's Legal Authority in States
Section 301(a) of the CAA provides the EPA with broad authority to
write regulations that carry out the functions of the CAA. Sections
111(d) and 129(b)(3) of the CAA require the EPA to develop a Federal
plan for States that do not submit approvable State plans.
2. EPA's Legal Authority in Indian Country
Section 301(a) provides EPA with the authority to administer
Federal programs in Indian country. Section 301(d)(4) of the CAA
authorizes the Administrator to directly administer provisions of the
CAA where Tribal implementation of those provisions is not appropriate
or is not administratively feasible. See section VI of this preamble
for a more detailed discussion of EPA's authority to administer the
Federal plan for small MWC units in Indian country.
The EPA is proposing this Federal regulation under the legal
authority of the CAA to implement the emission guidelines in those
States and areas of Indian country that do not have an EPA approved and
effective plan. As discussed in section VI of this document,
implementation and enforcement of the Federal plan may be delegated to
State or Tribal agencies when requested by a State or Tribal agency,
and when EPA determines that such delegation is appropriate.
B. Inventory of Affected MWC Units
As a required element, a State plan must include a complete source
inventory of small MWC units affected by the emission guidelines.
Consistent
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with the requirement for State plans to include an inventory of small
MWC units, Docket No. A-2000-39 contains an inventory of small MWC
units that may be covered by this proposed MWC Federal plan. The
inventory includes all small MWC units because State plans have not
been submitted yet. The inventory is contained in a memorandum entitled
``Inventory and Emission Estimates for Small Municipal Waste Combustor
Units Covered by the Proposed Section 111(d)/129 Federal Plan.'' The
memorandum serves both the small MWC unit inventory requirement and the
small MWC unit emission inventory requirement, which will be discussed
in the following section. The inventory is based on information
available to EPA during development of the 2000 emission guidelines.
The list of small MWC units in the docket does not determine
whether your combustion unit is covered by the proposed small MWC
Federal plan. Sources subject to the small MWC Federal plan are not
limited to the sources listed in docket A-2000-39. The Federal plan is
likely to apply to only a subset of the units listed in the inventory
because State plans covering some of these units will likely be
approved and become effective before the Federal plan becomes
effective. See Secs. 62.15010 through 62.15035 of the proposed subpart
JJJ to determine whether your combustion unit is covered.
C. Inventory of Emissions
As a required element, a State plan must include an emission
inventory for MWC units subject to the emission guidelines. The
pollutants to be inventoried include dioxins/furans, cadmium (Cd), lead
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl),
nitrogen oxides (NOx), carbon monoxide (CO), and sulfur
dioxide (SO2). For this proposal, EPA has estimated the
emissions from each small MWC unit that may be covered by the Federal
plan for all pollutants regulated by the Federal plan. Pollutant
emissions are expressed in megagrams per year (Mg/yr) for most
pollutants and grams per year (g/yr) for dioxins. The emission
inventory is based on information known about the combustor and uses
emission factors contained in ``Compilation of Air Pollutant Emission
Factors'' (AP-42). Refer to the emission estimates memorandum in Docket
No. A-2000-39 for the complete emissions inventory and details on the
calculations.
D. Emission Limits
As a required element, a State plan must include emission limits.
Section 129(b)(2) requires these emission limits to be ``at least as
protective as'' those in the emission guidelines. The emission limits
in this proposed small MWC Federal plan are the same as those contained
in the emission guidelines (40 CFR part 60, subpart BBBB). See Tables 2
through 5 of subpart JJJ.
Operator Training and Certification. The emission guidelines
require American Society of Mechanical Engineers (ASME) or a comparable
State program for operator certification for chief facility operators
and shift supervisors, and an EPA or comparable State MWC operator
training course for chief facility operators. In the Federal plan, ASME
operator certification and the EPA MWC operator training course will be
required. However, because State plans may be submitted after
promulgation of the Federal plan, the proposed Federal plan includes
the opportunity for States to submit a comparable State program for
operator certification and comparable State MWC training courses if the
State expects this information to be submitted as part of the State
plan. If States submit this information to EPA before November 14,
2001, EPA intends to allow State certification and State operator
training courses in the promulgated Federal plan for those States.
E. Compliance Schedules and Increments of Progress
As a required element, a State plan must include compliance
schedules for retrofitting controls to comply with the emission limits
specified in the emission guidelines. Because this proposed MWC Federal
plan is implemented in lieu of State plans, the compliance schedule
includes the same increments of progress as required in a State plan.
The Federal plan increments of progress are consistent with the State
plan requirements in 40 CFR 60.24 of subpart B and subpart BBBB. These
increments of progress are required for compliance schedules that are
longer than 12 months. The increments of progress in the proposed
Federal plan (and any approved State plan) are the primary mechanism
for ensuring progress toward final compliance. Each increment of
progress has a specified date for achievement.
This proposed Federal plan includes five increments of progress for
Class I units and two increments of progress for Class II units. A
Class I small MWC unit has the capacity to combust 35 to less than or
equal to 250 tons per day of municipal solid waste and is located at a
MWC plant with an aggregate plant capacity of greater than 250 tons per
day. A Class II small MWC unit is a MWC unit with the capacity to
combust 35 to less than or equal to 250 tons per day of municipal solid
waste and is located at a MWC plant with an aggregate plant capacity
less than or equal to 250 tons per day.
The increments of progress to be measured for Class I units are:
(1) Submitting a final control plan, (2) awarding contracts for control
systems or process modifications or orders for purchase of components,
(3) beginning on-site construction or installation of the air pollution
control device(s) or process changes, (4) completing on-site
construction or installation of the air pollution control device(s) or
process changes, and (5) final compliance. For Class II units, dates
for only the first and last increments are specified.
The MWC owner or operator is responsible for meeting each of the
increments of progress for each MWC unit no later than the applicable
compliance date. The owner or operator must notify EPA as each
increment of progress is achieved (or missed). The notification must
identify the increment and the date the achieved increment was met (or
missed). For an increment achieved late, the notification must identify
the increment and the date the increment was ultimately achieved. If
the increment was not achieved, the reasons must be included in your
notification.
The owner or operator must sign the notification and mail the
(post-marked) notification to the applicable EPA Regional Office within
10 business days of the increment date specified in the Federal plan.
(See table 1 under the ``Supplementary Information'' section of this
document for a list of Regional Offices.) The definition of each
increment of progress follows:
Submit a Final Control Plan (Class I and II units). To meet this
increment, the owner or operator of each small MWC unit must submit a
final control plan describing the air pollution control device(s) or
process changes that will be employed so that each small MWC unit
complies with the emission limits and other requirements.
Award Contract (Class I units only). To award a contract means the
MWC owner or operator enters into legally binding agreements or
contractual obligations that cannot be canceled or modified without
substantial financial loss to the owner or operator. The EPA
anticipates that the owner or operator may award a number of contracts
to complete the retrofit. To meet this
[[Page 32488]]
increment of progress, the MWC owner or operator must award a contract
or contracts to initiate and complete on-site construction, initiate
and complete on-site installation of emission control equipment, and/or
incorporate process changes. The owner or operator must mail a copy of
the contract(s) to EPA within 10 business days of entering into the
contract(s).
Initiate On-site Construction (Class I units only). To initiate on-
site construction, installation of air pollution control device(s), or
process changes means to initiate on-site construction and/or
installation of emission control equipment and initiate the process
changes outlined in the final control plan.
Complete On-site Construction (Class I units only). To complete on-
site construction means that all necessary air pollution control
device(s) or process changes identified in the final control plan are
in place, on site, and ready for operation on the MWC unit.
Final Compliance (Class I and II units). To be in final compliance
means to incorporate all process changes or complete retrofit
construction as designed in the final control plan. The owner or
operator must connect the air pollution control equipment or process
changes with the affected facility identified in the final control plan
such that if the affected facility is brought on line all necessary
process changes or air pollution control equipment are operating as
designed. Within 180 days after the date the facility is required to
achieve final compliance, the initial performance test must be
conducted. On or after the date the initial performance test is
completed or is required to be completed, whichever is earlier, no
pollutant may be discharged into the atmosphere from an affected
facility in excess of the applicable emission limits.
F. Record of Public Hearings
As a required element of a State plan, a State must include
opportunity for public participation in developing, adopting, and
implementing the State plan. If requested, a public hearing will be
held for this small MWC Federal plan in Research Triangle Park, NC.
(See the Dates section of this preamble.) The hearing record will
appear in Docket No. A-2000-39. Written public comments also are
solicited. (See the ADDRESSES section of this document.) The EPA will
review and consider the oral and written comments in developing the
final small MWC Federal plan.
G. Testing, Monitoring, Recordkeeping, and Reporting
As a required element, a State plan must include the testing,
monitoring, and recordkeeping and reporting requirements in 40 CFR part
60, subpart BBBB. The proposed small MWC Federal plan includes the same
provisions.
H. Progress Reports
As a required element of a State plan, a State must submit to EPA
annual reports on progress in the implementation of the emission
guidelines. Emissions data will be reported to the Aerometric Emissions
Information Retrieval System Facility Subsystem as specified in 40 CFR
part 60, appendix D. If a State or Tribe has been delegated authority
to implement and enforce the proposed Federal plan, the State or Tribe
will submit annual progress reports to EPA, as required by 40 CFR
60.25(e) of subpart B. These reports can be combined with the State
Implementation Plan report required by 40 CFR 51.32 of subpart Q, in
order to avoid duplicative reporting. Each progress report must include
compliance status, enforcement actions, information whether increments
of progress have been met, identification of sources that have ceased
operation or started operation, updated emission inventory and
compliance information, and copies of technical reports on any
performance testing and monitoring. For MWC units in States where
authority has not been delegated, EPA intends to prepare annual
progress reports.
III. Affected Facilities
A. Which MWC Units Will Be Affected by the Small MWC Federal Plan?
This Federal plan will affect existing small MWC units that are not
regulated by an EPA approved and effective State or Tribal plan. In
this proposed Federal plan, a small MWC unit is defined as any MWC unit
with a combustion design capacity of 35 to 250 tons per day of
municipal solid waste (MSW) that commenced construction on or before
August 30, 1999. Each small MWC unit will be subject to this Federal
plan if any of the following is true on the effective date of the
Federal plan:
(1) An applicable State or Tribal plan has not become effective;\1\
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\1\ The effective date of a State or Tribal plan from EPA's
perspective (a State and Tribal may have an earlier effective date)
is 30 days after the State or Tribal plan final approval is
published in the Federal Register if the final approval is via the
regular regulatory procedure of proposal with opportunity for
comment followed by promulgation. If the approval is by direct final
rulemaking, the effective date of the State or Tribal plan is 60
days after the approval is published in the Federal Register, if no
adverse comments are received.
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(2) An applicable State or Tribal plan was in effect but was
subsequently vacated in whole or in part; or
(3) An applicable State or Tribal plan was in effect but was
subsequently revised such that it is no longer as protective as the
emission guidelines.
Once an approved State or Tribal plan is in effect, the Federal
plan will no longer apply to a small MWC unit covered by such plan. An
approved State or Tribal plan is a plan that EPA has reviewed and
approved based on the requirements in 40 CFR part 60, subpart B to
implement and enforce 40 CFR part 60, subpart BBBB.
If a State or Tribe submits a State or Tribal plan and that State
or Tribal plan is approved and becomes effective before the Federal
plan becomes effective, the MWC Federal plan will not apply to small
MWC units covered by that State or Tribal plan. Furthermore,
promulgation of this MWC Federal plan does not preclude a State or
Tribe from submitting a State or Tribal plan later. The EPA encourages
States and Tribes to continue to submit State or Tribal plans for
approval after the promulgation of the Federal plan. If a State or
Tribe submits a State or Tribal plan after promulgation of the small
MWC Federal plan, EPA will review and approve or disapprove the plan.
Upon the effective date of EPA's approval of the State or Tribal plan,
the Federal plan will no longer apply, except those Federal plan
provisions that may have been incorporated by reference under the
section 111(d)/129 State or Tribal plan, or delegated to the State by
EPA.
B. How Do I Determine If my Small MWC Unit Is Covered by an EPA
Approved and Currently Effective State or Tribal Plan?
Part 62 of Title 40 of the Code of Federal Regulations identifies
the approval of section 111(d)/129 State or Tribal plans for designated
pollutants and designated facilities in each State or area of Indian
Country. However, part 62 is updated only once a year. Thus, if part 62
does not indicate that your State or Tribal area has an approved and
effective plan, you should contact your State environmental agency's
air director or your EPA Regional Office (Table 1) to determine if
approval occurred since publication of the most recent version of part
62.
At the time of this proposal, no States have submitted State plans.
State plans
[[Page 32489]]
are due December 6, 2001 and EPA expects States to submit State plans
before that date.
IV. Summary of the Proposed Small MWC Federal Plan
The proposed small MWC Federal plan contains the same
subcategories, emission limits, and other requirements as the emission
guidelines promulgated on December 6, 2000 (65 FR 76378). Refer to the
attached regulation, 40 CFR part 62, subpart JJJ for the entire set of
requirements. The major requirements are summarized in the following
sections.
A. What Are the Subcategories of Small MWC Units?
Within this proposed Federal plan, 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.
B. What Does the Federal Plan Require?
The proposed Federal plan, which will implement the emission
guidelines, includes emission limits, operating practice requirements,
operator training and certification requirements, and compliance and
performance testing requirements. The proposed Federal plan contains
emission limits for dioxins/furans, cadmium, lead, mercury, particulate
matter, opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides,
and carbon monoxide. The emission limits for Class I and Class II small
MWC units are listed in Tables 2 through 5 of the proposal subpart JJJ.
In addition to emission limits, EPA is proposing guidelines for unit
operating load, flue gas temperature at the particulate matter control
device inlet, and carbon feed rate as part of the required good
combustion practices. The EPA is also proposing requirements for the
control of fugitive ash emissions.
C. What Is the Compliance Schedule?
Class I and Class II small MWC units will be required to follow the
generic compliance schedule in table 1 of proposed subpart JJJ, unless
the State or owner/operator chooses to submit a site-specific
compliance schedule. Under the generic compliance schedule, Class I
units would be required to reach final compliance by November 6, 2005.
Class II units would be required to reach final compliance by May 6,
2005.
The proposed Federal plan includes two options for establishing the
compliance schedule. Under both options the increment dates are defined
and are enforceable. The Federal plan could function with only a
generic compliance schedule, but in order to provide flexibility, this
proposal includes an alternative. As described in section II.E of this
preamble and consistent with the emission guidelines, Class I units are
required to meet five increments of progress and Class II units are
required to meet two increments of progress.
The compliance schedule for facilities affected by this small MWC
Federal plan can be established by option 1 (generic compliance
schedule proposed by EPA) or option 2 (site-specific compliance
schedule consistent with the draft State plan).
In cases where option 2 has not been exercised, the owner or
operator of an affected facility will be subject to option 1 (generic
schedule). However, if the State or the MWC owner or operator submits a
schedule that EPA approves (option 2), the owner or operator will be
subject to that alternative schedule. Under option 2, a State or an MWC
owner operator will be required to submit a site-specific compliance
schedule to EPA prior to November 14, 2001. Under option 2, EPA will
review the schedule and approved schedules will be incorporated into
the final Federal plan. The two options are discussed below.
Option 1. Generic Compliance Schedule. Option 1 is the generic
default alternative. For MWC units covered by the Federal plan where
State plans or compliance schedules have not been submitted, EPA is
proposing a generic compliance schedule and increments of progress.
Under option 1, a generic compliance schedule will apply to each Class
I or Class II small MWC unit.
Option 2. Site-specific Compliance Schedules. Under option 2, a
State or an MWC owner or operator may submit to EPA a site-specific
compliance schedule as negotiated between the State and an MWC owner or
operator to EPA before November 14, 2001. The State or MWC owner or
operator can submit alternative dates for increments 2, 3, 4, and 5 for
Class I units and an alternative increment 5 date for Class II units.
The increment 1 date will be the same as option 1. The increment 5
final compliance date for Class I and Class II units cannot be later
than December 6, 2005. States should submit the schedules to their
respective Regional office contacts listed in Table 1 for Regional
contacts.
The EPA recognizes that Class I units may need flexibility for the
award contract date, the start construction date, and the finish
construction date given facility-specific retrofit considerations and
constraints. Also, there may be some unique site-specific circumstances
where a Class I or Class II unit cannot complete retrofit by the
generic schedule increment compliance date. Subpart B requires
compliance as expeditiously as practicable, and section 129 specifies
that the compliance date can be no later than 5 years after
promulgation of the emission guidelines. Therefore, the site-specific
final compliance date can be no later than December 6, 2005. Following
review and approval of these site-specific schedules, EPA will add them
to the Federal plan at promulgation. Offering this flexibility assures
the Federal plan is fully consistent with State plans that are approved
after the Federal plan is promulgated. For example, in some cases the
State may have negotiated a retrofit schedule with the MWC owner or
operator, determined what retrofit schedule is feasible for specific
MWC units, held public hearings, and considered public comments in
establishing the schedule.
The increment 1 date for Class I and Class II units under both
options is the same. For several reasons, EPA believes that requiring
owners or operators to submit a final control plan by August 6, 2003
for Class I units and September 6, 2003 for Class II units provides
adequate time to prepare a final control plan: (1) Owners and operators
have known about this requirement since 1995; (2) owners and operators
have over 1 year to prepare the final control plan upon publication of
this notice; and (3) the final control plan does not require detailed
drawings or plans.
In summary, the proposed MWC Federal plan includes two options for
defining the increment dates. The EPA believes the options maximize
flexibility and increase regulatory efficiency. The EPA included a
similar approach in the large MWC unit Federal plan. Commenters on the
large MWC unit Federal plan supported EPA's approach. The EPA believes
that this approach also makes sense for owners or operators of small
MWC units.
D. How Did EPA Determine the Compliance Schedule?
The EPA determined the proposed Class II generic compliance
schedule based on two case studies of retrofits at small MWC units at
plants that have capacities of less than 250 tons per day.
[[Page 32490]]
Both plants retrofitted an acid gas/fabric filter/carbon injection
system that can meet the emission limits for Class II units in the
proposed small MWC Federal plan. The EPA also contacted a vendor of
modular MWC units and add-on air pollution control equipment to obtain
additional information on retrofit schedules for Class II units. The
schedule is 6 months shorter than the schedule promulgated for large
MWC units and proposed for Class I small MWC units because most Class
II units can use control devices assembed from modular control
components that do not need as much site-specific design, fabrication,
and installation time. Memorandums that provide detail on the case
studies, the discussion with the MWC vendor, and the basis of the Class
I and Class II generic compliance schedules are located in Docket A-
2000-39, items II-B-1 through II-B-5.
The proposed Class I generic compliance schedule is the same as the
generic compliance schedule in the large MWC Federal plan. The generic
compliance schedule for large MWC units is based on retrofit studies of
large MWC units at three MWC plants (see Docket A-97-45, II-A-1 through
II-A-4). The EPA is proposing the same compliance schedule for Class I
MWC units as large MWC units on the basis of similarities in size and
retrofit requirements. Class I small MWC units will need the same
technology as large MWC units to meet the emission limits in the
respective Federal plans (see Docket A-2000-39, item II-B-1).
For Class I units, the compliance schedule for dioxin and mercury
depends on the date of the MWC unit's construction. The emission
guidelines require Class I small MWC units that commenced construction,
reconstruction, or modification after June 26, 1987 to achieve
compliance with the mercury and dioxin limits within 1 year after State
plan approval (or 1 year after a revised construction permit or a
revised operating permit is issued, if a permit modification is
required, whichever is later). The EPA is, therefore, proposing to
require compliance with the mercury and dioxin limits within 1 year
after the effective date of the MWC Federal plan, or 1 year after a
revised construction permit or a revised operating permit is issued, if
a permit modification is required, whichever is later. Final compliance
must be achieved no later than the applicable final compliance date in
the Federal plan, even if the date ``1 year after permit issuance''
exceeds the applicable final compliance date in the Federal plan.
E. How Do the Federal Plan Compliance Dates Interact With the State
Plan Compliance Dates?
Before the Federal plan is in effect, a State may submit a State
plan to EPA containing variable compliance dates. Although the
increment dates can vary, they are subject to EPA's review and the
final compliance date cannot be later than December 6, 2005.
After the Federal plan is in effect, a State may submit a State
plan to EPA or receive approval for a State plan. However, if submitted
or approved after the Federal plan is in effect, the compliance
schedule dates in the State plan must be no later than the applicable
generic compliance schedule dates in the promulgated Federal plan. The
EPA is proposing and taking comment on EPA's position that State plans
that are submitted to EPA after the Federal plan is in effect must
contain the same or earlier incremental and final compliance dates as
the Federal plan.
V. Implications for Closed Units, Units That Plan To Close, and
Units That Plan To De-Rate
The emission guidelines (40 CFR part 60, subpart BBBB) require
small MWC units to comply with the emission limits or cease operation
within 3 years following approval of a State plan, but no later than 5
years after publication of the final emission guidelines (40 CFR part
60, subpart BBBB) in the Federal Register. The Federal plan requires
owners or operators of a small MWC unit to either: (1) Come into
compliance with the plan within 1 year after the effective date of the
plan; or (2) meet increments of progress and come into compliance by
the applicable final compliance date in the Federal plan. This section
describes how this Federal plan addresses various categories of closed
small MWC units and de-rated small MWC units, including:
Dismantled small MWC units;
Small MWC units that have ceased operation;
Small MWC units that will cease operation rather than
comply with the Federal plan;
Small MWC units that will cease operation and plan to
restart after the applicable final compliance date in the Federal plan;
and
Small MWC units that will de-rate (reduce capacity).
A. Dismantled Units
Units that are partially or fully dismantled are not required to be
included in the small MWC unit inventory that is an element of a State
plan or this Federal plan. Small MWC units are partially or fully
dismantled if they have been physically altered so they cannot operate.
Dismantled units cannot be restarted without extensive work; and if
they were restarted, they would be considered a new unit and would be
subject to the new source performance standard (40 CFR part 60, subpart
AAAA) rather than to the State or Federal plan for existing units.
B. Units That Have Ceased Operation
Small MWC units that are known to have ceased operation (but are
not known to be dismantled) are included in the inventory element of
this proposed Federal plan. Such units must also be identified in any
State plans submitted to EPA. If the owner or operator of these
inactive small MWC units plans to restart these units before the
applicable final compliance date in the Federal plan, the units would
be required to achieve the same compliance schedule required for other
small MWC units. In order to assure compliance by the required date,
the owner or operator of units that have ceased operation, but who
plans to restart the units before the applicable final compliance date
in the Federal plan, must submit a final control plan and the units
must comply with the increments of progress on the same generic
schedule as other small MWC units subject to this Federal plan. (See
section II.E for a discussion of compliance schedules and increments of
progress.)
If inactive small MWC units will not be restarted until after the
applicable final compliance date in the Federal plan, a control plan is
not needed. However, the proposed Federal plan specifies that any units
that have ceased operation and are planned to be restarted after the
applicable final compliance date in the Federal plan, must complete
retrofit and comply with the emission limits and operational
requirements immediately upon restarting. Performance testing to
demonstrate compliance will be required within 180 days after
restarting. The dates for increments of progress that lead to final
compliance (e.g., awarding contracts, initiating on-site construction,
completing on-site construction) will not need to be specified for
units that have ceased operation and plan to restart after the
applicable final compliance date in the Federal plan, because these
activities must occur before restart while the units are closed and
have no emissions. If a unit is operated after the applicable final
compliance date in the Federal plan without complying, it will be a
violation of the Federal plan.
[[Page 32491]]
C. Units That Will Cease Operation Within 1 Year of the Effective Date
of the Federal Plan
The owner or operator of currently operating small MWC units
subject to this Federal plan who will cease operation of the units
rather than comply with the emission limits will be required to notify
EPA at the time that final control plans are due. The owner operator
will specify whether the small MWC units will cease operation within 1
year or at a later date. If the owner or operator notifies EPA that the
small MWC units will cease operation within 1 year of the effective
date of this Federal plan, the owner or operator will not be required
to enter into a legally enforceable cease operation agreement. However,
if the owner or operator does not cease operation of the units by the
date 1 year after the effective date, it will be a violation of the
Federal plan.
D. Units That Will Cease Operation Later Than 1 Year After the
Effective Date of the Federal Plan
The owner or operator of a small MWC unit that will cease
operations more than 1 year after the effective date of the Federal
plan will be required to notify EPA at the time the final control plan
is due that the owner or operator will cease operation of the unit. The
owner or operator of such a small MWC unit also will need to enter into
a legally enforceable cease operation agreement with EPA by the date
the final control plan is due. The cease operation agreement will
include the date that operation will cease. The owner or operator of a
Class I MWC unit that is ceasing operation more than 1 year after the
effective date of this Federal plan will also submit data for dioxins/
furans emission tests conducted during or after 1990 by the date the
final control plan is due for your Class I MWC unit according to the
schedule in Table 1 or Table 9 of subpart JJJ (see Sec. 62.15095). The
requirement to submit data for dioxins/furans emission tests is
consistent with subpart BBBB. The cease operation agreement ensures
that the small MWC unit will cease operation by an agreed-upon
enforceable date. In all cases, this date will be no later than the
applicable final compliance date in the Federal plan.
E. Units That Will Cease Operation and Plan To Restart After the
Applicable Final Compliance Date in the Federal Plan
Small MWC units covered by this Federal plan that will cease
operation within 1 year of the effective date of the Federal plan can
be restarted after the applicable final compliance date in the Federal
plan if the units achieve compliance upon restarting. The proposed
Federal plan specifies that when a small MWC unit restarts after the
applicable final compliance date in the Federal plan, it must comply
with the Federal plan emission limits and operational requirements upon
restarting. There will be no need to establish and meet specific dates
for the remaining increments of progress (i.e., awarding contracts,
initiating on-site construction, completing on-site construction, and
final compliance) because these increments must be completed while the
unit is closed and there are no emissions. The proposed Federal plan
specifies that the unit must achieve final compliance with the Federal
plan emission limits and operating requirements as soon as it is
restarted. The performance test to demonstrate compliance will be
required within 180 days after restarting.
F. Units That Plan To De-rate
The proposed Federal plan will allow the owner or operator of a
small MWC unit to de-rate the capacity of a small MWC unit to below 35
tons per day. Therefore, the small MWC unit will no longer be subject
to the small MWC Federal plan. De-rating means a permanent change that
physically reduces the capacity of the small MWC unit to less than 35
tons per day of MSW. De-rating cannot be accomplished through a permit
provision, nor can it be self-imposed operating restrictions such as
limiting steam flow or the waste charge rate. De-rating must be a
permanent physical restriction.
The owner or operator that plans to de-rate a small MWC unit would
de-rate the unit on the same schedule and increments that the small MWC
unit has to follow, if it were to be retrofitted to meet the emission
limits. For example, the owner or operator of a Class II small MWC unit
that is subject to the proposed generic compliance schedule will need
to submit a plan describing the specific physical changes and schedule
for accomplishing the de-rating on the date the final control plan is
due. The owner or operator will need to complete the de-rating by the
final compliance date for Class II units. Once the small MWC unit
physically is unable to combust 35 tons per day or more, it will no
longer be subject to the small MWC Federal plan.
VI. Implementation of the Federal plan and Delegation
A. Background of Authority
Under sections 111(d) and 129(b) of the CAA, EPA is required to
adopt emission guidelines that are applicable to existing solid waste
incineration sources. These emission guidelines are not enforceable
until EPA approves a State or Tribal plan or adopts a Federal plan that
implements and enforces them, and the State, Tribal, or Federal plan
has become effective. As discussed above, the Federal plan regulates
small MWC units in a State or Tribal area that does not have a EPA-
approved plan currently in effect.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with State and local agencies.
See section 101(a)(3) of the CAA. Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the States and local agencies take the primary
responsibility for ensuring that the emission limitations and other
requirements in the emission guidelines are achieved. Also, in section
111(d) of the CAA, Congress explicitly required that EPA establish
procedures that are similar to those under section 110(c) for State
Implementation Plans. Although Congress required EPA to propose and
promulgate a Federal plan for States that fail to submit approvable
State plans on time, States and Tribes may submit approvable plans
after promulgation of the Federal plan. The EPA strongly encourages
States that are unable to submit approvable plans to request delegation
of the Federal plan so that they can have primary responsibility for
implementing the emission guidelines, consistent with Congress' intent.
Approved and effective State plans or delegation of the Federal
plan is EPA's preferred outcome since EPA believes that State and local
agencies not only have the responsibility to carry out the emission
guidelines, but also have the practical knowledge and enforcement
resources critical to achieving the highest rate of compliance. For
these reasons, EPA will do all that it can to expedite delegation of
the Federal plan to State and local agencies, whenever possible.
The EPA also believes that Indian Tribes are the primary parties
responsible for regulating air quality within Indian country, if they
desire to do so. See EPA's Indian Policy (``Policy for Administration
of Environmental Programs on Indian Reservations,'' signed by William
D. Ruckelshaus, Administrator of EPA, dated November
[[Page 32492]]
4, 1984), reaffirmed in a 1994 memorandum (``EPA Indian Policy,''
signed by Carol M. Browner, Administrator of EPA, dated March 14,
1994).
B. Delegation of the Federal Plan and Retained Authorities
If a State or Indian Tribe intends to take delegation of the
Federal plan, the State or Indian Tribe must submit to the appropriate
EPA Regional Office a written request for delegation of authority. The
State or Indian Tribe must explain how it meets the criteria for
delegation. See generally ``Good Practices Manual for Delegation of
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation,
an Indian Tribe must also establish its eligibility to be treated in
the same manner as a State. The letter requesting delegation of
authority to implement the Federal plan must demonstrate that the State
or Tribe has adequate resources, as well as the legal and enforcement
authority to administer and enforce the program. A memorandum of
agreement between the State or Tribe and EPA will set forth the terms
and conditions of the delegation, the effective date of the agreement,
and will also serve as the mechanism to transfer authority. Upon
signature of the agreement, the appropriate EPA Regional Office will
publish an approval notice in the Federal Register, thereby
incorporating the delegation of authority into the appropriate subpart
of 40 CFR part 62.
If authority is not delegated to a State or Indian Tribe, EPA will
implement the Federal plan. Also, if a State or Tribe fails to properly
implement a delegated portion of the Federal plan, EPA will assume
direct implementation and enforcement of that portion. The EPA will
continue to hold enforcement authority along with the State or Tribe
even when a State or Tribe has received delegation of the Federal plan.
In all cases where the Federal plan is delegated, EPA will retain and
will not transfer authority to a State or Tribe certain authorities
which could change the stringency of the underlying standard, which are
likely to be nationally significant, or which may require a national
rulemaking and subsequent Federal Register notice. The following
authorities may not be delegated to State, Tribal or local agencies:
approval of alternative non-opacity emission standards, approval of
alternative opacity standard, approval of major alternatives to test
methods, approval of major alternatives to monitoring, waiver of
recordkeeping, and approval of exemption to operating practice
requirements in Sec. 62.15145(e)(5).
C. Mechanisms for Transferring Authority
There are two mechanisms for transferring implementation authority
to State or Tribal agencies: (1) When EPA approves a State or Tribal
plan after the Federal plan is in effect; and (2) if a State or Tribe
does not submit or obtain approval of its own plan, EPA may delegate to
a State or Tribe the authority to implement the Federal plan. Both of
these options are described in more detail below.
1. State or Tribe Submits a Plan After Small MWC Units Located in the
Area Are Subject to the Federal Plan
After small MWC units in a State or Tribal area become subject to
the Federal plan, the State or Tribal agency may still adopt and submit
a plan to EPA. If EPA determines that the State or Tribal plan is as
protective as the emission guidelines, EPA will approve the State or
Tribal plan. If EPA determines that the plan is not as protective as
the emission guidelines, EPA will disapprove the plan and the small MWC
units proposed to be covered in the State or Tribal plan will remain
subject to the Federal plan until a State or Tribal plan covering those
small MWC units is approved and effective.
Upon the effective date of a State or Tribal plan, the Federal plan
will no longer apply to small MWC units covered by such a plan and the
State or Tribal agency will implement and enforce the State or Tribal
plan in lieu of the Federal plan. When an EPA Regional Office approves
a State or Tribal plan, it will amend the appropriate subpart of 40 CFR
part 62 to indicate such approval.
2. State Takes Delegation of the Federal Plan
The EPA, in its discretion, may delegate to State or Tribal
agencies the authority to implement the Federal plan. As discussed
above, EPA believes that it is advantageous and the best use of
resources for State agencies to agree to undertake, on EPA's behalf,
the administrative and substantive role in implementing the Federal
plan to the extent EPA decides it is appropriate and where authorized
by State law. If a State requests delegation, EPA will generally
delegate the entire Federal plan to the State agency. These functions
include administration and oversight of compliance reporting and
recordkeeping requirements, small MWC inspections, and preparation of
draft notices of violation and enforcement. Enforcement authority can
be delegated to State and Tribal agencies, but EPA always retains
Federal enforcement authority. The EPA also believes that it is the
best use of resources for Tribal agencies to undertake a role in the
implementation of the Federal plan. The Tribal Authority Rule (TAR)
issued on February 12, 1998 (63 FR 7254) provides Tribes the
opportunity to develop and implement Clean Air Act programs. However,
due to resource constraints and other factors unique to Tribal
governments, it leaves to the discretion of the Tribe whether to
develop these programs and which elements of a program they will adopt.
Consistent with the approach of the TAR, EPA may choose to delegate a
partial Federal plan (i.e., to delegate authority for some functions
needed to carry out the plan) in appropriate circumstances and where
authorized by Tribal law. Both States, or Tribal agencies, that have
taken delegation, as well as EPA, will have responsibility for bringing
enforcement actions against sources violating Federal plan provisions.
However, EPA recognizes that Tribes have limited criminal enforcement
authority, and EPA will address in the delegation agreement with the
Tribe how criminal enforcement issues are referred to EPA.
VII. Title V Operating Permits
Sources subject to this small MWC Federal plan must obtain title V
operating permits. These title V operating permits must assure
compliance with all applicable requirements for these sources,
including all applicable requirements of this Federal plan. See 40 CFR
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
Owners or operators of section 129 sources (including small MWC
units) subject to standards and regulations under sections 111 and 129
must operate pursuant to a title V permit not later than 36 months
after promulgation of emission guidelines under section 129 or by the
effective date of the State, Tribal, or Federal title V operating
permits program that covers the area in which the unit is located,
whichever is later.\2\ The EPA has interpreted section 129(e) to be
consistent with section 503(d) of the CAA and 40 CFR 70.7(b) and
71.7(b). (See, e.g., the final Federal plan for Hospital/Medical/
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49878)).
Section 503(d) of the
[[Page 32493]]
CAA and 40 CFR 70.7(b) and 71.7(b) allow a source to operate without
being in violation of title V once the source has submitted a timely
and complete permit application, even if the source has not yet
received a final title V operating permit from the permitting
authority. Therefore, a title V application should be submitted early
enough for the permitting authority to find the application either
complete or incomplete before the title V application deadline. In the
event the application is found incomplete by the permitting authority,
the source must submit the information needed to make the application
complete by the application deadline in order to obtain the application
shield. See 40 CFR 62.15400(c) and 40 CFR 70.5(a)(2) and 71.5(a)(2).
The above interpretation is important because in the absence of such an
interpretation, a section 129 source may be required to prepare and
submit a complete title V application and have the permit issued in a
very short period of time after becoming subject to a title V
program.\3\
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\2\ As of today's proposal, all areas in the country are covered
by title V programs, including the Outer Continental Shelf. See 40
CFR 55.6. As a result, the relevant section 129(e) date for small
MWC units is 36 months following promulgation of 40 CFR part 60,
subpart BBBB (December 6, 2003).
\3\ For example, in the absence of such an interpretation, if a
final Federal plan were to become effective more than 24 months
after the promulgation of emission guidelines applicable to a
section 129 source, that source would have less than 12 months to
prepare and submit a complete title V permit application and to have
the permit issued. The later such a Federal plan becomes effective,
the less time a source would have to complete the permitting
process. Moreover, to read section 129(e) as inconsistent with
section 503(d) and 40 CFR 70.7(b) and 71.7(b) would be in conflict
with the requirements of section 503(c), which require sources to
submit title V applications not later than 12 months after becoming
subject to a title V permits program. Such a reading could require
some section 129 sources to have been issued final title V permits
in potentially much less time than allotted for non-section 129
sources to submit their title V applications.
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Consequently, if an owner or operator of a small MWC unit is
required to obtain a title V permit for the first time by virtue of
being subject to this Federal plan, the owner or operator must submit a
complete title V permit application by not later than 36 months after
promulgation of 40 CFR part 60, subpart BBBB (December 6, 2003).
The above permit application deadline, however, reflects the latest
possible date by which complete applications for existing small MWC
units can be submitted in order for such applications to be considered
timely. It is important to note that if an earlier application deadline
applies to an existing small MWC unit, then this deadline must be met
in order for the unit to be in compliance with section 502(a). To
determine when an application is due for an existing small MWC unit,
section 129(e) of the CAA must be read in conjunction with section
503(c) of the CAA. As stated in section 503(c), a source has up to 12
months to apply for a title V permit once it becomes subject to a title
V permitting program.\4\ For example, if an existing small MWC unit
becomes subject to a title V permitting program for the first time on
the effective date of this Federal plan, then the source must apply for
a title V permit within 12 months of the effective date of the Federal
plan in order to operate after this date in compliance with Federal
law.
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\4\ If a source is subject to title V for more than one reason,
the 12-month time frame for submitting a title V application is
triggered by the requirement which first causes the source to become
subject to title V. As provided in section 503(c) of the CAA,
permitting authorities may establish permit application deadlines
earlier than the 12-month deadline.
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An application deadline earlier than either of the two dates noted
above, i.e., not later than 36 months after the promulgation of subpart
BBBB or not later than 12 months after the effective date of this
Federal plan, may apply to an existing small MWC unit if it is subject
to title V for more than one reason. For example, an existing small MWC
unit may already be subject to title V as a result of being a major
source under one or more of three major source definitions in title V--
section 112, section 302, or part D of title I of the CAA. See 40 CFR
70.3(a)(1) and 71.3(a)(1) (subjecting major sources to title V
permitting) and 40 CFR 70.2 and 71.2 (defining major source for
purposes of title V). Additionally, an existing small MWC unit may
already be subject to title V if it is subject to some other earlier
promulgated standard under section 111 or 112 of the CAA. See 40 CFR
70.3(a) and (b) and 71.3(a) and (b) for a list of the applicability
criteria which trigger the requirement to apply for a title V permit.
If your unit is not subject to an earlier permit application
deadline, a complete title V permit application for an existing small
MWC unit must be submitted not later than 36 months after promulgation
of subpart BBBB (December 6, 2003). For any existing small MWC unit
subject to the requirements of this Federal plan and not subject to an
earlier application deadline, this final application deadline applies
regardless of when this Federal plan is effective. For any existing
small MWC unit subject to the requirements of an EPA approved and
effective section 111(d)/129 State plan for small MWC units and not
subject to an earlier application deadline, this final application
deadline applies regardless of when the EPA approved section 111(d)/129
State plan is effective.
If an owner or operator is already subject to title V by virtue of
some requirement other than this Federal plan and has submitted a
timely and complete permit application, but the draft title V permit
has not yet been released by the permitting authority, then the owner
or operator must supplement the title V application by including the
applicable requirements of this Federal plan in accordance with 40 CFR
70.5(b) or 71.5(b). If an owner or operator of an existing small MWC
unit is already subject to title V by virtue of some requirement other
than this Federal plan and already possesses a title V permit with a
remaining term of 3 or more years on the effective date of this Federal
plan, then the owner or operator will receive from the permitting
authority a notice of intent to reopen the title V permit to include
the requirements of this Federal plan in accordance with the procedures
established in 40 CFR 70.7(f) or 71.7(f). An owner or operator of an
existing small MWC unit with a title V permit having a remaining term
of less than 3 years on the effective date of this Federal plan need
not have the title V permit reopened, as a matter of Federal law, to
include the Federal plan requirements.\5\ However, the owner or
operator remains subject to, and must act in compliance with, these
Federal plan requirements and all other applicable requirements to
which the source is subject. See 40 CFR 70.6(a)(1), 70.2, 71.6(a)(1)
and 71.2.
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\5\ See CAA section 502(b)(6); 40 CFR 70.7(f)(1)(i) and
71.7(f)(1)(i). Permitting authorities are required to reopen title V
permits to incorporate additional applicable requirements when 3 or
more years remain on a major part 70 or part 71 source's permit
term. Reopenings required by 40 CFR 70.7(f)(1)(i) and 71.7(f)(1)(i)
must be completed not later than 18 months after promulgation of the
applicable requirement. Owners or operators of small MWC units,
which have been permitted and are subject to this Federal plan, may
wish to consult their operating permits program regulations or
permitting authorities to determine whether their permits must be
reopened to incorporate the requirements of this Federal plan.
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VIII. Units Subject to the Federal Plan and New Source Performance
Standards
This section describes the relationship between the Federal plan
and the three NSPS in terms of applicability and emission limits. The
MWC emission guidelines apply and this proposed Federal plan will apply
to MWC units 35 tons per day or more and less than or equal to 250 tons
per day in combustion capacity that commenced construction before
August 30, 1999. There are also three new source
[[Page 32494]]
performance standards (NSPS) that apply to MWC units.
The first NSPS for MWC units, 40 CFR part 60 subpart E, was
promulgated in 1971. It applies to incinerators combusting more than 45
Mg per day (50 tons per day) of MSW that were constructed or modified
after August 17, 1971. The only pollutant regulated by subpart E is
particulate matter (PM), and the PM limit is higher than the limit in
the proposed Federal plan. Thus, small MWC units complying with the
Federal plan PM limit would also comply with the subpart E NSPS
emission limit for PM.
The second NSPS, subpart Ea, was promulgated on February 11, 1991
and revised on December 19, 1995. This NSPS applies to MWC units with
capacities to combust greater than 250 tons per day, and therefore,
will not apply to units subject to this small MWC Federal plan (MWC
units with design combustion capacity less than or equal to 250 tons
per day).
The third NSPS, subpart AAAA, applies to small MWC units that: 1)
commence construction after August 30, 1999, or 2) commence
modification or reconstruction 6 months after promulgation of subpart
AAAA. There is no overlap between the proposed Federal plan and the
subpart AAAA NSPS--sources are not subject to both rules.
IX. Amendments to Subpart A of 40 CFR Part 62
The EPA is amending part 62 to clarify that the part 60 general
provisions apply to State and Federal plans. The part 60 general
provisions apply to the emission guidelines; however, the emission
guidelines are not implemented and enforced until a State or Federal
plan is developed and codified in part 62. Because part 62 does not
specifically state that the part 60 general provisions apply, EPA is
amending part 62 to clarify that they apply to State and Federal plans.
The general provisions of part 60 and its appendices contain
important addresses, definitions, testing and monitoring requirements,
and incorporations by reference. In addition, the general provisions
allow owners or operators to apply to the Administrator for flexibility
in demonstrating compliance. For example, owners and operators may
apply to the Administrator for approval of alternative or equivalent
test methods, alternative reporting, or alternative monitoring
requirements. The amendment to part 62 contained in this rulemaking
also clarifies that the part 60 general provisions apply except where
special provisions set forth under an applicable subpart of part 62
supersede any conflicting provisions.
X. Administrative Requirements
This section addresses the following administrative requirements:
Federalism; Consultation and Coordination with Indian Tribal
Governments; Protection of Children from Environmental Health Risks and
Safety Rules; Unfunded Mandates Reform Act; Regulatory Flexibility Act/
Small Business Regulatory Enforcement Fairness Act of 1996; Paperwork
Reduction Act; and National Technology Transfer and Advancement Act.
Many of these administrative requirements were addressed in the
preamble to the small MWC emission guidelines (65 FR 76378). Since this
proposed Federal plan would merely implement the emission guidelines
promulgated on December 6, 2000, and does not impose any new
requirements, many of the administrative requirements refer to the
administrative requirements in the preamble to the small MWC emission
guidelines.
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 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 result in 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 proposed Federal plan is not a ``significant regulatory
action.'' The Federal plan proposed today is projected to have an
impact of approximately $68 million annually (Docket No. A-98-18).
Therefore, it has been determined that this proposed Federal plan is
not a ``significant regulatory action'' under the terms of Executive
Order 12866 and is therefore not subject to OMB review.
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'' is 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 proposed Federal plan 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. The States have the
primary responsibility for negotiating compliance schedules and
incorporating the emission limits into a State plan. Since sources are
only covered by a Federal plan if an EPA approved and currently
effective State plan is not in place, the Federal plan does not add
substantial additional costs. Thus, the requirements of section 6 of
the Executive Order do not apply to the proposed Federal plan.
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
[[Page 32495]]
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.''
This proposed Federal plan 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 proposed Federal plan.
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 proposed Federal plan
is not subject to Executive Order 13045 because it is not economically
significant as defined in Executive Order 12866 and because 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), Pub.
L. 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
one year. Before promulgating an EPA 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 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 this Federal plan does 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 proposed Federal plan merely
implements the small MWC emission guidelines and does not impose any
new requirements. The Environmental Impact Assessment (EIA) for the
small municipal waste combustor emission guidelines (Docket No. A-98-
18) shows that the total annual costs of the emission guidelines is
about $68 million per year (in 1997 dollars), starting on the fifth
year after the emission guidelines are promulgated. The proposed
Federal plan will apply to only a small subset of the units considered
in the EIA for the emission guidelines. Thus, this proposed Federal
plan is not subject to the requirements of sections 202 and 205 of the
UMRA. Although the emission guidelines were 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 (60 FR 65405-65412, December 19, 1995).
Because the emission guidelines are equivalent to the 1995 emission
guidelines, no additional consultations were necessary during the
reestablishment of emission guidelines for small MWC units.
F. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA)
The Regulatory Flexibility Act (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 the emission guidelines on
small entities, a small entity is defined as: (1) A small business in
this 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 proposed Federal
plan on small entities, I certify that this action will not have a
significant economic impact on a substandard number of small entities.
The EPA expects State plans to affect most small MWC units before the
final small MWC Federal plan is promulgated. As State plans are
submitted and become effective, the Federal plan no longer applies.
Therefore, the impact of this proposed Federal plan is expected to be
less than the impact identified in developing the small MWC emission
guidelines.
[[Page 32496]]
EPA's analysis indicates eight existing small MWC units (operated
by one small business and seven small governments) would be subject to
the emission guidelines. In the analysis for the MWC units that are
considered small entities, EPA calculated compliance costs as a
percentage of sales for business and a percentage of income (total
household income) for governments. The average estimated annual
compliance cost as a percentage of income is 0.03 percent for the seven
small government entities and 39 percent for the one small business.
Among the seven potentially affected government entities, the maximum
compliance cost was 0.25 percent.
Although this proposed Federal plan will not have a significant
economic impact on a substantial number of small entities, EPA has
tried to reduce the impact of the emission guidelines and this proposed
Federal plan on small entities by establishing different requirements
for Class I and Class II MWC units and establishing provisions for less
frequent testing for small Class II units. In addition, EPA involved
representatives of small entities in the development of the emission
guidelines. For a summary of the actions that EPA took to involve small
entities and their representatives in the development of the emission
guidelines, refer to the discussion of the Unfunded Mandates Reform Act
in section VIII.E above.
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
Federal plan 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 small
MWC unit Federal plan. 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.
These 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 implementation 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. The proposed Federal plan will
apply to only a small subset of the units expected to be affected by
the emission guidelines.
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. This 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 ICR
control numbers issued by OMB for various regulations to list the
information collection requirments contained in this proposed Federal
plan.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in their regulatory and
procurement 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 bodies. The NTTAA directs EPA to provide
Congress, through annual reports to the Office of Management and Budget
(OMB), with explanations when an agency does not use available and
applicable voluntary consensus standards.
This proposed Federal plan involves technical standards. The EPA
proposes in this plan to use EPA Methods 1, 3, 3A, 5, 5D, 9, 10, 22,
23, 26, 26A, 29, and Performance Specifications (PS) 1, 2, 3, and 4A.
Consistent with the NTTAA, EPA conducted searches to identify voluntary
consensus standards in addition to these EPA methods/performance
specifications. No applicable voluntary consensus standards were
identified for EPA Methods 9, 22, PS 3, and PS 4A. The search and
review results have been documented and are placed in the docket No. A-
2000-39 for this proposed plan.
Two voluntary consensus standards were identified as applicable and
EPA proposes to use them in this plan. One voluntary consensus standard
was identified as applicable to PS 1. The standard ASTM D6216 (1998),
``Standard Practice for Opacity Monitor Manufacturers to Certify
Conformance with Design and Performance Specifications,'' has been
incorporated by reference into PS 1. The PS 1 rule was published in the
Federal Register on August 10, 2000.
Another voluntary consensus standard, ASTM D4536-96 ``Particulate
(Matter) Modified High Volume,'' is being proposed as an alternative to
the sampling equipment and procedures in Methods 5 or 17 in conducting
emissions testing of positive pressure fabric filter control devices.
The ASTM D4536-96 equipment and procedures would be used in conjunction
with the sample traverse and calculations as described in Method 5D for
this application. We invite comments on whether including this ASTM
standard method is appropriate for this or other applications.
Three voluntary consensus standards have already been incorporated
by reference into Sec. 60.17. One consensus standard by the American
Society of Mechanical Engineers (ASME) was identified for potential use
in this plan for the measurement of MWC unit load level (steam output).
The EPA believes this standard is practical to use in this plan as the
method to measure MWC unit load. The EPA has already incorporated by
reference (IBR) ``ASME Power Test Codes: Test Code for Steam Generating
Units, Power Test Code
[[Page 32497]]
4.1--1964 (R1991)'' in 60.17 paragraph (h)(1), (h)(2), and (h)(3).
A second consensus standard by ASME was identified for potential
use in this plan for designing, constructing, installing, calibrating,
and using nozzles and orifices. The EPA believes this standard is
practical to use for the design, construction, installation,
calibration, and use of nozzles and orifices. The EPA has already
incorporated by reference (IBR) ``American Society of Mechanical
Engineers Interim Supplement 19.5 on Instruments and Apparatus:
Application, Part II of Fluid Meters, 6th edition (1971)'' in
Sec. 60.17 paragraph (h)(1), (h)(2), and (h)(3).
A third consensus standard by ASME (QRO-1-1994) was identified for
potential use for MWC plant operator certification requirements instead
of developing new operator certification procedures. The EPA believes
this 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 IBR (QRO-1-1994) in Sec. 60.17 paragraph (h)(1),
(h)(2), and (h)(3).
In addition to the voluntary consensus standards EPA proposes to
use in this plan, this search for emission measurement procedures
identified 21 other voluntary consensus standards. The EPA determined
that 17 of these 21 standards were impractical alternatives to EPA test
methods/performance specifications for the purposes of this proposed
Federal plan. Therefore, EPA does not propose to adopt these standards
today. The reasons for this determination for the 17 methods are
discussed below.
The European standard EN 1911-1,2,3 (1998), ``Stationary Source
Emissions-Manual Method of Determination of HCl--Part 1: Sampling of
Gases Ratified European Text--Part 2: Gaseous Compounds Absorption
Ratified European Text--Part 3: Adsorption Solutions Analysis and
Calculation Ratified European Text,'' is impractical as an alternative
to EPA Methods 26 and 26A. Part 3 of this standard cannot be considered
equivalent to EPA Method 26 or 26A because the sample absorbing
solution (water) would be expected to capture both HCl and chlorine
gas, if present, without the ability to distinguish between the two.
The EPA Methods 26 and 26A use an acidified absorbing solution to first
separate HCl and chlorine gas so that they can be selectively absorbed,
analyzed, and reported separately. In addition, in EN 1911 the
absorption efficiency for chlorine gas would be expected to vary as the
pH of the water changed during sampling.
Three standards: ASTM D4358-94 (1999), ``Standard Test Method for
Lead and Chromium in Air Particulate Filter Samples of Lead Chromate
Type Pigment Dusts by Atomic Absorption Spectroscopy;'' ASTM E1741-95
(1995), ``Standard Practice for Preparation of Airborne Particulate
Lead Samples Collected During Abatement and Construction Activities for
Subsequent Analysis by Atomic Spectrometry;'' and ASTM E1979-98 (1998),
``Standard Practice for Ultrasonic Extraction of Paint, Dust, Soil, and
Air Samples for Subsequent Determination of Lead,'' are impractical as
alternatives to EPA Methods 12 and 29 in this proposed Federal plan.
These ASTM standards do not require the use of glass fiber filters as
in EPA Method 12 and require the use of significantly different
digestion procedures that appear to be more mild than the EPA Method 12
digestion procedure. For these reasons, these ASTM standards cannot be
considered equivalent to EPA Method 12. Also, the subject ASTM
standards do not require the use of hydrogen fluoride (HF) as in EPA
Method 29 and, therefore, they cannot be used for the preparation,
digestion, and analysis of Method 29 samples. Additionally, Method 29
requires the use of a glass fiber filter, whereas these three ASTM
standards require cellulose filters and other probable nonglass fiber
media which cannot be considered equivalent to EPA Method 29.
The following nine methods are impractical alternatives to EPA test
methods/performance specifications for the purposes of this plan
because they are too general, too broad, or not sufficiently detailed
to assure compliance with EPA regulatory requirements: ASTM D3154-91
(1995), ``Standard Method for Average Velocity in a Duct (Pitot Tube
Method),'' for EPA Methods 1, 2, 3B, and 4; ASME C00031 or PTC 19-10-
1981--Part 10, ``Flue and Exhaust Gas Analyses,'' for EPA Method 3;
ASTM D5835-95, ``Standard Practice for Sampling Stationary Source
Emissions, for Automated Determination of Gas Concentration,'' for EPA
Method 3A; ISO 10396:1993, ``Stationary Source Emissions: Sampling for
the Automated Determination of Gas Concentrations,'' for EPA Method 3A;
CAN/CSA Z223.2-M86(1986), ``Method for the Continuous Measurement of
Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of
Nitrogen in Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A;
CAN/CSA Z223.21-M1978, ``Method for the Measurement of Carbon Monoxide:
3--Method of Analysis by Non-Dispersive Infrared Spectrometry,'' for
EPA Methods 10 and 10A; European Committee for Standardization (CEN) EN
1948-3 (1997), ``Determination of the Mass Concentration of PCDD'S/
PCDF'S--Part 3: Identification and Quantification,'' for EPA Method 23;
ISO 7935:1992, ``Stationary Source Emissions--Determination of the Mass
Concentration of Sulfur Dioxide--Performance Characteristics of
Automated Measuring Methods,'' for EPA Performance Specification 2
(sulfur dioxide portion only); and ISO 10849:1996, ``Determination of
the Mass Concentration of Nitrogen Oxides--Performance Characteristics
of Automated Measuring Systems,'' for EPA Performance Specification 2
(nitrogen oxide portion only).
The following four methods are impractical alternatives to EPA test
methods for the purposes of this plan because they lack sufficient
quality assurance and quality control requirements necessary for EPA
compliance assurance requirements: ASME PTC-38-80 R85 or C00049,
``Determination of the Concentration of Particulate Matter in Gas
Streams,'' for EPA Method 5; ASTM D3685/D3685M-98, ``Test Methods for
Sampling and Determination of Particulate Matter in Stack Gases,'' for
EPA Method 5; ISO 9096:1992, ``Determination of Concentration and Mass
Flow Rate of Particulate Matter in Gas Carrying Ducts--Manual
Gravimetric Method,'' for EPA Method 5; and CAN/CSA Z223.26-M1987,
``Measurement of Total Mercury in Air Cold Vapour Atomic Absorption
Spectrophotometeric Method,'' for EPA Method 29.
The following four of the 21 voluntary consensus standards
identified in this search were not available at the time the review was
conducted for the purposes of this proposed plan because they are under
development by a voluntary consensus body: ASME/BSR MFC 13M, ``Flow
Measurement by Velocity Traverse,'' for EPA Method 1 (and possibly 2);
ISO/DIS 12039, ``Stationary Source Emissions--Determination of Carbon
Monoxide, Carbon Dioxide, and Oxygen--Automated Methods,'' for EPA
Method 3A; PREN 13211 (1998), ``Air Quality--Stationary Source
Emissions--Determination of the Concentration of Total Mercury,'' for
EPA Methods 101, 101A, 29 (portion for mercury only); and ASTM Z6590Z,
``Manual Method for Both Speciated and Elemental Mercury,'' for EPA
Methods 101A and 29 (portion for mercury only). While we are not
proposing to include these four voluntary consensus standards in
[[Page 32498]]
today's proposal, the EPA will consider the standards when final.
The EPA takes comment on the compliance demonstration requirements
proposed in this Federal plan and specifically invites the public to
identify potentially-applicable voluntary consensus standards.
Commenters should also explain why this plan should adopt these
voluntary consensus standards in lieu of or in addition to EPA's
standards. Emission test methods and performance specifications
submitted for evaluation should be accompanied with a basis for the
recommendation, including method validation data and the procedure used
to validate the candidate method (if a method other than Method 301, 40
CFR part 63, Appendix A was used).
Tables 6, 7, and 8 of Subpart JJJ list the EPA testing methods/
performance specifications included in the emission Federal Plan
Requirements for Small Waste Combustion Units. Under Sec. 63.8(f) of
subpart A of the General Provisions, a source may apply to EPA for
permission to use alternative monitoring in place of any of the EPA
testing methods/performance specifications.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations.
40 CFR Part 62
Environmental protection, Air pollution control, Municipal waste
combustion.
Dated: June 5, 2001.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be 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.
2. Section 60.17 is amended by revising paragraphs (h)(1) through
(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), 62.15130(a), 62.15130(c)(2) of this
chapter.
(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),
62.15265(a)(3) of this chapter.
(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), 62.15265(a)(4) of this
chapter.
PART 62--[AMENDED]
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
4. Amend Sec. 62.02 by revising paragraph (b) to read as follows:
Sec. 62.02 Introduction.
* * * * *
(b)(1) If a State does not submit a complete, approvable plan, the
Administrator may then promulgate a substitute plan or part of a plan.
The promulgated provision, plus the approved parts of the State plan,
constitute the applicable plan for purposes of the act.
(2) The part 60 subpart A of this chapter general provisions and
appendices to part 60 apply to part 62, except as follows: 40 CFR
60.7(a)(1), 60.7(a)(3), and 60.8(a) and where special provisions set
forth under the applicable subpart of this part shall apply instead of
any conflicting provisions.
* * * * *
5. Amend Sec. 62.13 by adding paragraphs (d) and (e) to read as
follows:
Sec. 62.13 Federal plans.
* * * * *
(d) Commercial and industrial solid waste incineration units
Federal plan. [Reserved]
(e) The substantive requirements of the small municipal waste
combustion unit Federal plan are contained in subpart JJJ of this part.
These requirements include emission limits, compliance schedules,
testing, monitoring, and reporting and recordkeeping requirements.
6. Amend part 62 by adding subpart JJJ to read as follows:
Subpart JJJ--Federal Plan Requirements for Small Municipal Waste
Combustion Units Constructed on or Before August 30, 1999
Introduction
Sec.
62.15000 What is the purpose of this subpart?
62.15005 What are the principal components of this subpart?
Applicability of this Subpart
62.15010 Is my municipal waste combustion unit covered by this
subpart?
62.15015 Can my small municipal waste combustion unit be covered
by both a State plan and this subpart?
62.15020 Can my small municipal waste combustion unit be exempt
from this subpart?
62.15025 How do I determine if my small municipal waste combustion
unit is covered by an approved and currently effective State or
Tribal plan?
62.15030 What are my obligations under this subpart if I reduce my
small municipal waste combustion unit's combustion capacity to less
than 35 tons per day?
62.15035 Is my small municipal waste combustion unit subject to
different requirements based on plant capacity?
Compliance Schedule and Increments of Progress
62.15040 What are the requirements for meeting increments of
progress and achieving final compliance?
62.15045 When must I complete each increment of progress?
62.15050 What must I include in the notifications of achievement
of my increments of progress?
62.15055 When must I submit the notifications of achievement of
increments of progress?
62.15060 What if I do not meet an increment of progress?
62.15065 How do I comply with the increment of progress for
submittal of a final control plan?
62.15070 How do I comply with the increment of progress for
awarding contracts?
62.15075 How do I comply with the increment of progress for
initiating onsite construction?
62.15080 How do I comply with the increment of progress for
completing onsite construction?
62.15085 How do I comply with the increment of progress for
achieving final compliance?
62.15090 What must I do if I close my municipal waste combustion
unit and then restart my municipal waste combustion unit?
62.15095 What must I do if I plan to permanently close my
municipal waste combustion unit and not restart it?
Good Combustion Practices: Operator Training
62.15100 What types of training must I do?
62.15105 Who must complete the operator training course? By when?
62.15110 Who must complete the plant-specific training course?
62.15115 What plant-specific training must I provide?
62.15120 What information must I include in the plant-specific
operating manual?
62.15125 Where must I keep the plant-specific operating manual?
[[Page 32499]]
Good Combustion Practices: Operator Certification
62.15130 What types of operator certification must the chief
facility operator and shift supervisor obtain and by when must they
obtain it?
62.15135 After the required date for operator certification, who
may operate the municipal waste combustion unit?
62.15140 What if all the certified operators must be temporarily
offsite?
Good Combustion Practices: Operating Requirements
62.15145 What are the operating practice requirements for my
municipal waste combustion unit?
62.15150 What happens to the operating requirements during periods
of startup, shutdown, and malfunction?
Emission Limits
62.15155 What pollutants are regulated by this subpart?
62.15160 What emission limits must I meet?
62.15165 What happens to the emission limits during periods of
startup, shutdown, and malfunction?
Continuous Emission Monitoring
62.15170 What types of continuous emission monitoring must I
perform?
62.15175 What continuous emission monitoring systems must I
install for gaseous pollutants?
62.15180 How are the data from the continuous emission monitoring
systems used?
62.15185 How do I make sure my continuous emission monitoring
systems are operating correctly?
62.15190 Am I exempt from any 40 CFR Part 60 appendix B or
appendix F requirements to evaluate continuous emission monitoring
systems?
62.15195 What is my schedule for evaluating continuous emission
monitoring systems?
62.15200 What must I do if I choose to monitor carbon dioxide
instead of oxygen as a diluent gas?
62.15205 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is this
requirement enforceable?
62.15210 How do I convert my 1-hour arithmetic averages into
appropriate averaging times and units?
62.15215 What is required for my continuous opacity monitoring
system and how are the data used?
62.15220 What additional requirements must I meet for the
operation of my continuous emission monitoring systems and
continuous opacity monitoring system?
62.15225 What must I do if my continuous emission monitoring
system is temporarily unavailable to meet the data collection
requirements?
Stack Testing
62.15230 What types of stack tests must I conduct?
62.15235 How are the stack test data used?
62.15240 What schedule must I follow for the stack testing?
62.15245 What test methods must I use to stack test?
62.15250 May I conduct stack testing less often?
62.15255 May I deviate from the 13-month testing schedule if
unforeseen circumstances arise?
Other Monitoring Requirements
62.15260 Must I meet other requirements for continuous monitoring?
62.15265 How do I monitor the load of my municipal waste
combustion unit?
62.15270 How do I monitor the temperature of flue gases at the
inlet of my particulate matter control device?
62.15275 How do I monitor the injection rate of activated carbon?
62.15280 What is the minimum amount of monitoring data I must
collect with my continuous parameter monitoring systems and is this
requirement enforceable?
Recordkeeping
62.15285 What records must I keep?
62.15290 Where must I keep my records and for how long?
62.15295 What records must I keep for operator training and
certification?
62.15300 What records must I keep for stack tests?
62.15305 What records must I keep for continuously monitored
pollutants or parameters?
62.15310 What records must I keep for municipal waste combustion
units that use activated carbon?
Reporting
62.15315 What reports must I submit and in what form?
62.15320 What are the appropriate units of measurement for
reporting my data?
62.15325 When must I submit the initial report?
62.15330 What must I include in the initial report?
62.15335 When must I submit the annual report?
62.15340 What must I include in the annual report?
62.15345 What must I do if I am out of compliance with these
standards?
62.15350 If a semiannual report is required, when must I submit
it?
62.15355 What must I include in the semiannual out-of-compliance
reports?
62.15360 Can reporting dates be changed?
Air Curtain Incinerators That Burn 100 Percent Yard Waste
62.15365 What is an air curtain incinerator?
62.15370 What is yard waste?
62.15375 What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?
62.15380 How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?
62.15385 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?
Equations
62.15390 What equations must I use?
Title V Requirements
62.15395 Does this subpart require me to obtain an operating
permit under title V of the Clean Air Act?
62.15400 When must I submit a title V permit application for my
existing small MWC unit?
Delegation of Authority
62.15405 What authorities are retained by the Administrator?
Definitions
62.15410 What definitions must I know?
Tables
Table 1 of Subpart JJJ--Generic Compliance Schedules and Increments of
Progress
Table 2 of Subpart JJJ--Class I Emission Limits For Existing Small
Municipal Waste Combustion Units
Table 3 of Subpart JJJ--Class I Nitrogen Oxides Emission Limits For
Existing Small Municipal Waste Combustion Units
Table 4 of Subpart JJJ--Class II Emission Limits For Existing Small
Municipal Waste Combustion Units
Table 5 of Subpart JJJ--Carbon Monoxide Emission Limits For Existing
Small Municipal Waste Combustion Units
Table 6 of Subpart JJJ--Requirements for Validating Continuous Emission
Monitoring Systems (CEMS)
Table 7 of Subpart JJJ--Requirements for Continuous Emission Monitoring
Systems (CEMS)
Table 8 of Subpart JJJ--Requirements for Stack Tests
Table 9 of Subpart JJJ--Site-specific Compliance Schedules and
Increments of Progress
Subpart JJJ--Federal Plan Requirements for Small Municipal Waste
Combustion Units Constructed on or Before August 30, 1999
Introduction
Sec. 62.15000 What is the purpose of this subpart?
(a) This subpart establishes emission requirements and compliance
schedules for the control of emissions from existing small municipal
waste combustion units that are not covered by an EPA approved and
currently effective State plan. The pollutants addressed by these
emission requirements are listed in tables 2, 3, 4, and 5 of this
subpart. These emission requirements are developed in accordance with
sections 111(d) and 129 of the Clean Air Act and subpart B of 40 CFR
part 60.
[[Page 32500]]
(b) In this subpart, you means the owner or operator of a small
municipal waste combustion unit.
Sec. 62.15005 What are the principal components of this subpart?
This subpart 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.
Applicability of This Subpart
Sec. 62.15010 Is my municipal waste combustion unit covered by this
subpart?
(a) This subpart applies to your small municipal waste combustion
unit if the unit meets the criteria in paragraphs (a)(1) and (a)(2) and
the criteria in either paragraph (a)(3) or (a)(4) of this section:
(1) Your municipal waste combustion unit has the capacity to
combust at least 35 tons per day of municipal solid waste or refuse-
derived fuel but no more than 250 tons per day of municipal solid waste
or refuse-derived fuel.
(2) Your municipal waste combustion unit commenced construction on
or before August 30, 1999.
(3) Your municipal waste combustion unit is not regulated by an EPA
approved and currently effective State or Tribal plan.
(4) Your municipal waste combustion unit is located in any State
whose approved State plan is subsequently vacated in whole or in part,
or the municipal waste combustion unit is located in Indian country if
the approved Tribal plan for that area is subsequently vacated in whole
or in part.
(b) If you make a change to your municipal waste combustion unit
that meets the definition of modification or reconstruction after June
6, 2001, your municipal waste combustion unit becomes subject to
subpart AAAA of 40 CFR part 60 (New Source Performance Standards for
Small Municipal Waste Combustion Units) and this subpart no longer
applies to your unit.
(c) If you make physical or operational changes to your existing
municipal waste combustion unit primarily to comply with this subpart,
then subpart AAAA of 40 CFR part 60 (New Source Performance Standards
for Small Municipal Waste Combustion Units) does not apply to your
unit. Such changes do not constitute modifications or reconstructions
under subpart AAAA of 40 CFR part 60.
(d) Upon approval of the State or Tribal plan, this subpart will no
longer apply, except for the provisions of this subpart that may have
been incorporated by reference under the State or Tribal plan, or
delegated to the State by the Administrator.
Sec. 62.15015 Can my small municipal waste combustion unit be covered
by both a State plan and this subpart?
(a) If your municipal waste combustion unit is located in a State
that has a State plan that has not been approved by the EPA or has not
become effective, then this subpart applies and the State plan would
not apply to your municipal waste combustion unit. However, the State
could enforce the requirements of a State regulation while your
municipal waste combustion unit is still subject to this subpart.
(b) After the State plan is approved by the EPA and becomes
effective, your municipal waste combustion unit is no longer subject to
this subpart and will only be subject to the approved and effective
State plan.
Sec. 62.15020 Can my small municipal waste combustion unit be exempt
from this subpart?
(a) Small municipal waste combustion units that combust less than
11 tons per day. Your unit is exempt from this subpart if four
requirements are met:
(1) Your municipal waste combustion unit is subject to a federally
enforceable permit limiting municipal solid waste combustion to less
than 11 tons per day.
(2) You notify the Administrator that the unit qualifies for this
exemption.
(3) You submit to the Administrator a copy of the federally
enforceable permit.
(4) You keep daily records of the amount of municipal solid waste
combusted.
(b) Small power production units. Your unit is exempt from this
subpart if four requirements are met:
(1) Your 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) Your unit combusts homogeneous waste (excluding refuse-derived
fuel) to produce electricity.
(3) You notify the Administrator that the unit qualifies for this
exemption.
(4) You submit to the Administrator documentation that the unit
qualifies for this exemption.
(c) Cogeneration units. Your unit is exempt from this subpart if
four requirements are met:
(1) Your unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) Your 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 notify the Administrator that the unit qualifies for this
exemption.
(4) You submit to the Administrator documentation that the unit
qualifies for this exemption.
(d) Municipal waste combustion units that combust only tires. Your
unit is exempt from this subpart if three requirements are met:
(1) Your municipal waste combustion unit combusts a single-item
waste stream of tires and no other municipal waste (the unit can cofire
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
(2) You notify the Administrator that the unit qualifies for this
exemption.
(3) You provide the Administrator documentation that the unit
qualifies for this exemption.
(e) Hazardous waste combustion units. Your unit is exempt from this
subpart if the unit has received a permit under section 3005 of the
Solid Waste Disposal Act.
(f) Materials recovery units. Your unit is exempt from this subpart
if the unit combusts waste mainly to recover metals. Primary and
secondary smelters may qualify for this exemption.
(g) Cofired units. Your unit is exempt from this subpart if four
requirements are met:
(1) Your unit has a federally enforceable permit limiting municipal
solid waste combustion to 30 percent of the total fuel input by weight.
(2) You notify the Administrator that the unit qualifies for this
exemption.
(3) You provide the Administrator with a copy of the federally
enforceable permit.
(4) You record the weights, each quarter, of municipal solid waste
and of all other fuels combusted.
(h) Plastics/rubber recycling units. Your unit is exempt from this
subpart if four requirements are met:
(1) Your pyrolysis/combustion unit is an integrated part of a
plastics/rubber recycling unit as defined under ``Definitions''
(Sec. 62.15405).
(2) You record the weight, each quarter, of plastics, rubber, and
rubber tires processed.
(3) You record the weight, each quarter, of feed stocks produced
and marketed from chemical plants and petroleum refineries.
(4) You keep the name and address of the purchaser of the feed
stocks.
(i) Units that combust fuels made from products of plastics/rubber
[[Page 32501]]
recycling plants. Your unit is exempt from this subpart if two
requirements are met:
(1) Your 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) Your unit does not combust any other municipal solid waste.
(j) Cement kilns. Your unit is exempt from this subpart if your
cement kiln combusts municipal solid waste.
(k) Air curtain incinerators. If your air curtain incinerator (see
Sec. 62.15405 for definition) combusts 100 percent yard waste, then you
must meet only the requirements under ``Air Curtain Incinerators That
Burn 100 Percent Yard Waste'' (Secs. 62.15365 through 62.15385).
Sec. 62.15025 How do I determine if my small municipal waste
combustion unit is covered by an approved and currently effective State
or Tribal Plan?
This part (40 CFR part 62) contains a list of all States and Tribal
areas with approved Clean Air Act section 111(d) and section 129 plans
in effect. However, this part is only updated once per year. Thus, if
this part does not indicate that your State or Tribal area has an
approved and effective plan, you should contact your State
environmental agency's air director or your EPA Regional Office to
determine if approval has occurred since publication of the most recent
version of this part.
Sec. 62.15030 What are my obligations under this subpart if I reduce
my small municipal waste combustion unit's combustion capacity to less
than 35 tons per day?
If you reduce your small municipal waste combustion unit's
combustion capacity to less than 35 tons per day by the final
compliance date, you must comply only with the following requirements:
(a) You must submit a final control plan according to the schedule
in table 1 of this subpart and comply with Sec. 62.15065(b).
(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 in combustion capacity. A permit restriction
or a change in the method of operation does not qualify as a reduction
in combustion capacity.
(2) Calculations of the current maximum combustion capacity and the
planned maximum combustion capacity after the reduction. Use the
equations specified under Sec. 62.15390(d) and (e) to calculate the
combustion capacity of a municipal waste combustion unit.
(c) You must complete the physical changes to accomplish the
reduction in combustion capacity by the final compliance date specified
in table 1 of this subpart.
(d) If you comply with all of the requirements specified in
paragraphs (a),(b), and (c) of this section, you are no longer subject
to this subpart.
(e) You must comply with the requirements specified in
Sec. 62.15395 and Sec. 62.15400 regarding title V permitting. If you
comply with all of the requirements specified in paragraphs (a), (b),
and (c) of this section, you are no longer subject to title V
permitting requirements as a result of this subpart. You will remain
subject to title V permitting requirements, however, if you are subject
as a result of one or more of the applicability criteria in 40 CFR
70.3(a) and (b) or 71.3(a) and (b).
Sec. 62.15035 Is my small municipal waste combustion unit subject to
different requirements based on plant capacity?
This subpart specifies different requirements for different
subcategories of municipal waste combustion units. These two
subcategories are based on aggregate capacity of the municipal waste
combustion plant as defined in paragraphs (a) and (b) of this section.
(a) Class I units. These are small municipal waste combustion units
that are located at municipal waste combustion plants with 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. 62.15410 for specification of which units at a plant
are included in the aggregate capacity calculation.)
(b) Class II units. These are small municipal waste combustion
units that are located at municipal waste combustion plants with
aggregate plant combustion capacity of no more than 250 tons per day of
municipal solid waste. (See the definition of municipal waste
combustion plant capacity in Sec. 62.15410 for specification of which
units at a plant are included in the aggregate capacity calculation.)
Compliance Schedule and Increments of Progress
Sec. 62.15040 What are the 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 this subpart 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 this subpart 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. 62.15045 When must I complete each increment of progress?
(a) You must complete each increment of progress according to the
compliance schedule in table 1 of this subpart for Class I and II
units. If your Class I or Class II unit is listed in table 9 of this
subpart, then you must complete each increment of progress according to
the schedule in table 9 of this subpart. (See Sec. 62.15410 for
definitions of classes.)
(b) For Class I units (see definition in Sec. 62.15410) that must
meet the five increments of progress, you must submit 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. 62.15245 and you must submit the stack
test results when the final control plan is due for your Class I MWC
unit according to the schedule in table 1 or table 9 of this subpart.
Sec. 62.15050 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. 62.15065 through 62.15085).
(c) The notification must be signed by the owner or operator of the
municipal waste combustion unit.
Sec. 62.15055 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.
[[Page 32502]]
Sec. 62.15060 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. This 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. 62.15065 How do I comply with the increment of progress for
submittal of a final control plan?
For your final control plan increment of progress, you must
complete two items:
(a) Submit the final control plan describing 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. If you plan
to reduce your small municipal waste combustion unit's combustion
capacity to less than 35 tons per day by the final compliance date see
Sec. 62.15030.
(b) You must maintain an onsite copy of the final control plan.
Sec. 62.15070 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 this increment of progress has
been achieved. You do not need to include documents incorporated by
reference or the attachments to the contracts.
Sec. 62.15075 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. 62.15080 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. 62.15085 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. 62.15090 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 applicable final compliance date in table 1 of
this subpart, you must meet the increments of progress specified in
Sec. 62.15040.
(b) If you close your municipal waste combustion unit but restart
it after the applicable final compliance date in table 1 of this
subpart, you must complete the emission control retrofit and meet the
emission limits and good combustion practices on the date your
municipal waste combustion unit restarts operation.
Sec. 62.15095 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 this subpart, 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 this subpart, you must enter into a legally binding closure
agreement with the Administrator by the date your final control plan is
due. The agreement must include two items.
(1) The date by which operation will cease. The closure date can be
no later than the applicable final compliance date in table 1 of this
subpart.
(2) For Class I units only, 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. 62.15245.
Good Combustion Practices: Operator Training
Sec. 62.15100 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. 62.15105 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) These employees must complete the operator training course by
the later of three dates:
(1) One year after the effective date of this subpart.
(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 this
subpart.
(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 this subpart.
Sec. 62.15110 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. 62.15115 What plant-specific training must I provide?
For plant-specific training, you must do four things:
[[Page 32503]]
(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 this subpart.
(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 this subpart.
(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. 62.15120 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 standards 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
within the standards 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. 62.15125 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.
Good Combustion Practices: Operator Certification
Sec. 62.15130 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 of subpart A of 40 CFR part 60)) 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 this
subpart. For Class II units, 18 months after the effective date of this
subpart.
(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 of subpart A of 40 CFR part 60)).
(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 this
subpart. For Class II units, 18 months after the effective date of this
subpart.
(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. 62.15135 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.
(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. 62.15140 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 is
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 this information in the annual
report as specified under Sec. 62.15340(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
[[Page 32504]]
taken in the 90-day period such that the Administrator withdraws the
disapproval, municipal waste combustion unit operation may continue.
Good Combustion Practices: Operating Requirements
Sec. 62.15145 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. 62.15410).
(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. 62.15410).
(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 the appropriate equation in Sec. 62.15390.
(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 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. 62.15150 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.
Emission Limits
Sec. 62.15155 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. 62.15160 What emission limits must I meet?
(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 section:
(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 this subpart.
(2) One year after the issuance of a revised construction or
operating permit, if a permit modification is required. Final
compliance with the dioxins/furans limits must be achieved no later
than November 6, 2005, even if the date one year after the issuance of
a revised construction or operating permit is later than November 6,
2005.
Sec. 62.15165 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) of subpart A of 40 CFR part 60
apply.
Continuous Emission Monitoring
Sec. 62.15170 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. 62.15175 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 system 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 of subpart A of 40 CFR part 60.
(c) You must monitor the oxygen (or carbon dioxide) concentration
at each
[[Page 32505]]
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. 62.15200.
(e) If you choose to demonstrate compliance by monitoring the
percent reduction of sulfur dioxide, you must also install a continuous
emission monitoring system 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) of subpart A of 40
CFR part 60.
Sec. 62.15180 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. 62.15235.
Sec. 62.15185 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 these data during each initial and annual
evaluation of your continuous emission monitoring systems following the
applicable performance specifications in appendix B of 40 CFR part 60.
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 40 CFR part 60 for each continuous emission monitoring
system. These procedures include daily calibration drift and quarterly
accuracy determinations.
Sec. 62.15190 Am I exempt from any 40 CFR part 60 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 40
CFR part 60 (relative accuracy requirement).
(b) Section 5.1.1 of appendix F of 40 CFR part 60 (relative
accuracy test audit).
Sec. 62.15195 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 40 CFR part 60.
Sec. 62.15200 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 system. 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 40 CFR part
60 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 to
determine the relationship between oxygen and carbon dioxide.
Sec. 62.15205 What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is this
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) of subpart A of
40 CFR part 60 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 this data
collection requirement regardless of the emission level monitored, and
you must notify the Administrator according to Sec. 62.15340(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. 62.15210.
Sec. 62.15210 How do I convert my 1-hour arithmetic averages into
appropriate averaging times and units?
(a) Use the equation in Sec. 62.15390(a) to calculate emissions at
7 percent oxygen.
(b) Use EPA Reference Method 19 in Appendix A of 40 CFR part 60,
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
[[Page 32506]]
EPA Reference Method 19, 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, section 4.1, to calculate the daily arithmetic
average for concentrations of nitrogen oxides.
(d) Use EPA Reference Method 19, section 4.1, to calculate the 4-
hour or 24-hour daily block averages (as applicable) for concentrations
of carbon monoxide.
Sec. 62.15215 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 of subpart A 40 CFR part 60.
(c) Complete an initial evaluation of your continuous opacity
monitoring system according to Performance Specification 1 in appendix
B of 40 CFR part 60. Complete this 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, as
specified in Sec. 62.15245, to determine compliance with the applicable
opacity limit in tables 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. 62.15220 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. 62.15225 What must I do if my continuous emission monitoring
system is temporarily unavailable to meet the data collection
requirements?
Refer to table 8 of this subpart. It shows alternate methods for
collecting data when these systems malfunction or when repairs,
calibration checks, or zero and span checks keep you from collecting
the minimum amount of data.
Stack Testing
Sec. 62.15230 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. 62.15235 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. 62.15180.
Sec. 62.15240 What schedule must I follow for the stack testing?
(a) Conduct initial stack tests for the pollutants listed in
Sec. 62.15230 by 180 days after your final compliance date.
(b) Conduct annual stack tests for these pollutants after the
initial stack test. Conduct each annual stack test no later than 13
months after the previous stack test.
Sec. 62.15245 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 these pollutants consist of
at least three test runs, as specified in Sec. 60.8 (Performance Tests)
of subpart A of 40 CFR part 60. 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. 62.15175.
(d) Use the equations in Sec. 62.15390(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) of subpart A of 40 CFR part 60 to
(1) Use a reference method with minor changes in methodology;
(2) Use an equivalent method;
(3) Use an alternative method the results of which the
Administrator has determined are adequate for demonstrating compliance;
(4) Waive the requirement for a performance test because you have
demonstrated by other means that you are in compliance; or
(5) use a shorter sampling time or smaller sampling volume.
Sec. 62.15250 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 this 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 third 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. This
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 these 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 this case, you may choose to conduct annual stack tests on only one
municipal waste combustion unit per year at your plant. This 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
[[Page 32507]]
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
emission 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. 62.15255 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. 62.15240(b) and 62.15250(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.
Other Monitoring Requirements
Sec. 62.15260 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. 62.15265 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 per hour (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 (ASME PTC 4.1--1964):
Test Code for Steam Generating Units, Power Test Code 4.1--1964
(R1991),'' section 4 (incorporated by reference in Sec. 60.17 of
subpart A of 40 CFR part 60).
(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 of
subpart A of 40 CFR part 60).
(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 unit does 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. 62.15270 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. 62.15275 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 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. 62.15280 What is the minimum amount of monitoring data I must
collect with my continuous parameter monitoring systems and is this
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 this data
collection requirement and you must notify the Administrator according
to Sec. 62.15340(e).
Recordkeeping
Sec. 62.15285 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. 62.15290 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.
[[Page 32508]]
(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. 62.15295 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 these 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. 62.15300 What records must I keep for stack tests?
For stack tests required under Sec. 62.15230, 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
tables 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. 62.15305 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.
(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 pollutants 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. 62.15205 and 62.15280. Record these 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.
[[Page 32509]]
(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 40 CFR part 60. Keep these 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 chose to monitor carbon dioxide instead of oxygen as a diluent
gas, document the relationship between oxygen and carbon dioxide, as
specified in Sec. 62.15200.
(h) Records of calendar dates. Include the calendar date on each
record.
Sec. 62.15310 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
(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 the appropriate equation in
Sec. 62.15390(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. 62.15280.
(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.
Reporting
Sec. 62.15315 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. 62.15325, 62.15335, and 62.15350. If the
Administrator agrees, you may submit electronic reports.
(c) Keep a copy of all reports required by Secs. 62.15330,
62.15340, and 62.15355 onsite for 5 years.
Sec. 62.15320 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. 62.15325 When must I submit the initial report?
As specified in Sec. 60.7(c) of subpart A of 40 CFR part 60, submit
your initial report by 180 days after your final compliance date.
Sec. 62.15330 What must I include in the 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. 62.15305(b).
(1) The 24-hour daily geometric average concentration of sulfur
dioxide emissions or the 24-hour daily 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 tables 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 40 CFR part 60 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. 62.15310(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. 62.15200.
[[Page 32510]]
Sec. 62.15335 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. (As with all
other requirements in this subpart, the requirement to submit an annual
report does not modify or replace the operating permits requirements of
40 CFR parts 70 and 71.)
Sec. 62.15340 What must I include in the 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. 62.15300(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 emission levels recorded, in the
appropriate units. List these 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 this value on
all 6-minute average opacity levels recorded by your continuous opacity
monitoring system (Sec. 62.15305(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 the appropriate equation in
Sec. 62.15390(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. 62.15250(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. 62.15250(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. This summary 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. 62.15200.
(l) Documentation of periods when all certified chief facility
operators and certified shift supervisors are offsite for more than 12
hours.
Sec. 62.15345 What must I do if I am out of compliance with these
standards?
You must submit a semiannual report on any recorded emission or
parameter level that does not meet the requirements specified in this
subpart.
Sec. 62.15350 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. 62.15355 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. 62.15300(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
[[Page 32511]]
less than the highest carbon feed rate established during the most
recent mercury and dioxins/furans stack test (as specified in
Sec. 62.15310(a)(1)). Include four items:
(i) Eight-hour average carbon feed rate.
(ii) Reasons for these 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. 62.15360 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) in subpart A of 40 CFR part 60 for procedures
to seek approval to change your reporting date.
Air Curtain Incinerators That Burn 100 Percent Yard Waste
Sec. 62.15365 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 this type can be constructed above or below
ground and with or without refractory walls and floor.
Sec. 62.15370 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. 62.15405.
(b) Clean wood that is exempt from the definition of ``municipal
solid waste'' in Sec. 62.15405 of this subpart.
Sec. 62.15375 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 meet only 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. 62.15380 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 40 CFR part 60 to
determine compliance with the opacity limit.
(b) Conduct an initial test for opacity as specified in Sec. 60.8
of subpart A of 40 CFR part 60.
(c) After the initial test for opacity, conduct annual tests no
more than 13 calendar months following the date of your previous test.
Sec. 62.15385 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. 62.15390(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) in subpart A of 40 CFR part 60).
(h) Keep a copy of all reports onsite for a period of 5 years.
Equations
Sec. 62.15390 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] TP14JN01.017
Where:
C7% = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (%).
(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] TP14JN01.018
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 (%PHCl) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP14JN01.019
[[Page 32512]]
Where
%PHCl = 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 capacity of the municipal waste combustion unit
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 this
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 this 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 or 5 of this section for
plant basis or unit basis:
(1) Plant basis.
[GRAPHIC] [TIFF OMITTED] TP14JN01.020
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. This 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] TP14JN01.021
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. This 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).
Title V Requirements
Sec. 62.15395 Does this subpart require me to obtain an operating
permit under title V of the Clean Air Act?
Yes. If you are subject to this subpart on the effective date of
this subpart or any time thereafter, you are required to apply for and
obtain a title V operating permit.
Sec. 62.15400 When must I submit a title V permit application for my
existing small MWC unit?
(a) You must submit a complete title V permit application within 12
months of when your source first becomes subject to a title V
permitting program. See 40 CFR 70.3(a) and (b), 70.5(a)(1), 71.3(a) and
(b), and 71.5(a)(1). As provided in section 503(c) of the Clean Air
Act, permitting authorities may establish permit application deadlines
earlier than the 12-month deadline.
(b) If your existing small MWC unit is not subject to an earlier
permit application deadline, a complete title V permit application must
be submitted not later than the date 36 months after promulgation of 40
CFR Part 60, subpart BBBB, or by the effective date of the applicable
State, Tribal, or Federal operating permits program, whichever is
later. For any existing small MWC unit not subject to an earlier
application deadline, this final application deadline applies
regardless of when this Federal plan, or the relevant EPA approved
State or Tribal plan, is effective.
(c) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clear Air Act and 40 CFR 70.5(a)(2) or
71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with Federal law. See sections 503(d) and 502(a); 40 CFR
70.7(b) and 71.7(b).
Delegation of Authority
Sec. 62.15405 What authorities are retained by the Administrator?
These authorities are retained by the EPA Administrator and not
transferred to the State upon delegation of authority to the State to
implement and enforce this subpart.
(a) Approval of alternative non-opacity emission standard;
(b) Approval of alternative opacity standard;
(c) Approval of major alternatives to test methods;
(d) Approval of major alternatives to monitoring;
(e) Waiver of recordkeeping; and
(f) approval of exemption to operating practice requirements in
Sec. 62.15145(e)(5).
Definitions
Sec. 62.15410 What definitions must I know?
Terms used but not defined in this section are defined in the Clean
Air Act and in subparts A and B of 40 CFR part 60.
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 this 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 consecutive days (or 366 consecutive days
in leap years) starting on January 1 and ending on December 31.
Chief facility operator means the person in direct charge and
control of
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the operation of a municipal waste combustion unit. This 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 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 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 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.
Cofired 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 cofired 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.
Contract means a legally binding agreement or obligation that
cannot be canceled or modified without substantial financial loss.
De-rate means to make a permanent physical change to the municipal
waste combustor unit that reduces the maximum combustion capacity of
the unit to less than or equal to 35 tons per day of municipal solid
waste. A permit restriction or a changes in the method of operation
does not qualify as de-rating.
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 this
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.
EPA-approved State plan means a State plan that EPA has reviewed
and approved based on the requirements in 40 CFR part 60 subpart B to
implement and enforce 40 CFR part 60, subpart BBBB. An approved State
plan becomes effective on the date specified in the notice published in
the Federal Register announcing EPA's approval.
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 a.m.
(2) 4 a.m. to 8 a.m.
(3) 8 a.m. to 12:00 noon.
(4) 12:00 noon to 4 p.m.
(5) 4 p.m. to 8 p.m.
(6) 8 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, this
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 contained in 40 CFR 60.51c of subpart Ec.
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. This includes both conventional
pulverized coal and micropulverized coal.
Modification or modified municipal waste combustion unit means a
municipal waste combustion unit you have changed later than June 6,
2001, and that meets one of two criteria:
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(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 standards have been established under
section 129 or section 111 of the Clean Air Act. 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 this 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. 62.15010(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
40 CFR part 60.
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 these 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 Sec. 62.15020(h) and (i). Municipal waste combustion
units do not include cement kilns that combust municipal solid waste as
specified under Sec. 62.15020(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 by EPA Reference Method 5
in Appendix A of 40 CFR part 60 and the procedures specified in
Sec. 62.15245.
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). These
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. These 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.
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.
Protectorate means American Samoa, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, the Northern Mariana Islands, and the
Virgin Islands.
Pyrolysis/combustion unit means a unit that produces gases,
liquids, or solids by heating municipal solid waste.
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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 on or 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
these costs, see the definition of ``municipal waste combustion unit''
in this section.
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. This 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 section 111(d) and
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B,
that implements and enforces 40 CFR part 60, subpart BBBB.
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 40 CFR part
60 and the procedures specified in Sec. 62.15245.
Tribal plan means a plan submitted by a Tribal Authority pursuant
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40
CFR part 60 subpart BBBB.
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.
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[FR Doc. 01-14619 Filed 6-13-01; 8:45 am]
BILLING CODE 6560-50-C