[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Proposed Rules]
[Pages 70640-70672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28923]
[[Page 70639]]
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Part II
Environmental Protection Agency
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40 CFR Part 62
Federal Plan Requirements for Commercial and Industrial Solid Waste
Incinerators Constructed on or Before November 30, 1999; Proposed Rule
Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 /
Proposed Rules
[[Page 70640]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[AD-FRL-7408-1]
RIN 2060-AJ28
Federal Plan Requirements for Commercial and Industrial Solid
Waste Incinerators Constructed on or Before November 30, 1999
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On December 1, 2000, EPA adopted emission guidelines for
existing commercial and industrial solid waste incineration (CISWI)
units. Sections 111 and 129 of the Clean Air Act (CAA) require States
with existing CISWI 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 CISWI units subject to the emission
guidelines on December 1, 2001. If a State or Tribe with existing CISWI
units does not submit an approvable plan, sections 111(d) and 129 of
the CAA require EPA to develop, implement, and enforce a Federal plan
for CISWI units located in that State or Tribal area within 2 years
after promulgation of the emission guidelines (December 1, 2002). This
action proposes a Federal plan to implement emission guidelines for
CISWI units located in States and Indian country without effective
State or Tribal plans. On the effective date of an approved State or
Tribal plan, the Federal plan would no longer apply to CISWI units
covered by the State or Tribal plan.
DATES: Comments. Comments on the proposed CISWI Federal plan must be
received on or before January 24, 2003.
Public hearing. The EPA will hold a public hearing if requests to
speak are received by December 10, 2002. For additional information on
the public hearing and requesting to speak, see the Supplementary
Information section of this preamble. If requested, the hearing would
take place on December 30, 2002 and would begin at 10 a.m.
ADDRESSES: Comments. Submit written comments (in duplicate, if
possible) to the following address: Air and Radiation Docket and
Information Center (MC-6102T) , U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW, Washington, D.C. 20460, Attention Docket
No. A-2000-52. The EPA requests that a separate copy also be sent to
the contact person listed below. For additional information on the
docket and electronic availability, see Supplementary Information.
Public hearing. If timely requests to speak at a public hearing are
received, a public hearing will be held at EPA's New RTP Campus located
at 109 T.W. Alexander Drive in Research Triangle Park, NC. Were one to
be held, a hearing would be held in the auditorium of the main
facility.
FOR FURTHER INFORMATION CONTACT: For information concerning specific
aspects of this proposal, contact Mr. David Painter at (919) 541-5515,
Program Implementation and Review Group, Information Transfer and
Program Integration Division (E143-02), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711, email:
[email protected]. For technical information, contact Mr. Fred
Porter at (919) 541-5251, Combustion Group, Emission Standards Division
(C439-01), U.S. Environmental Protection Agency, Research Triangle
Park, N.C. 27711, email: [email protected]. For information regarding
implementation of this proposed rule, 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. E-mail submittals should be sent 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. Comments and data
will also be accepted on disks or as an e-mail attachment in
WordPerfect or Corel ``wpd'' file format, Microsoft Word format, or
ASCII file format. All comments and data for this proposed rule,
whether in paper form or electronic forms such as through e-mail or on
diskette, must be identified by docket number A-2000-52.
Persons wishing to submit proprietary information for consideration
must clearly distinguish such information from other comments by
clearly labeling it ``Confidential Business Information'' (CBI). To
ensure that proprietary information is not inadvertently placed in the
docket, submit CBI directly to the following address, and not the
public 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 information. Persons wishing to speak at a public
hearing should notify Ms. Christine Adams at (919) 541-5590. If a
public hearing is requested and held, EPA will ask clarifying questions
during the oral presentation but will not respond to the presentations
or comments. Written statements and supporting information will be
considered with equivalent weight as any oral statement and supporting
information subsequently presented at a public hearing, if held.
Related information. Electronic versions of this notice, the
proposed regulatory text, and other background information are
available at the World Wide Web site that EPA has established for CISWI
units. The address is http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html.
The CISWI website references other websites for closely related rules,
such as large and small municipal waste combustors (MWC), hazardous
waste, and hospital/medical/infectious waste incinerators (HMIWI). The
large MWC and HMIWI sites contain the respective State plan guidance
documents.
Docket. Docket numbers A-2000-52 and A-94-63 contain the supporting
information for this proposed rule and the supporting information for
EPA's promulgation of emission guidelines for existing CISWI units,
respectively. Docket A-2000-52 incorporates all of the information in
Docket A-94-63. The dockets are organized and complete files of all the
information submitted to or otherwise considered by EPA in the
development of this proposed rulemaking. The dockets are available for
public inspection and copying between 8:30 a.m. and 4:30 p.m., Monday
through Friday, at the OAR Docket in the EPA Docket Center (EPA/DC),
1301 Constitution Avenue, NW., Washington, DC 20460, or by calling
(202) 566-1744. The docket is located in Room B102, (basement of EPA
West Building). The fax number for the Center is (202) 566-1749 and the
E-mail address is http://www.epa.gov/edocket. A reasonable fee may be
charged for copying.
[[Page 70641]]
Regulated entities. The proposed Federal plan would affect the
following North American Industrial Classification System (NAICS) and
Standard Industrial Classification (SIC) codes:
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Examples of
potentially
Category NAICS Code SIC Code regulated
entities
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Any industry using a solid 325 28 Manufacturers
waste incinerator as defined of chemicals
in the regulations. and allied
products.
325 34 Manufacturers
of electronic
equipment.
421 36 Manufacturers
of wholesale
trade, durable
goods.
321, 337 24, 25 Manufacturers
of lumber and
wood
furniture.
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This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities EPA expects to be regulated by
this proposed rule. This table lists examples of the types of entities
that could be affected by this proposed rule. Other types of entities
not listed could also be affected. To determine whether your facility,
company, business organization, etc., is regulated by this action,
carefully examine the applicability criteria in 40 CFR 62.14510 through
62.14530 of subpart III. If you have any questions regarding the
applicability of this action to your solid waste incineration unit,
refer to the FOR FURTHER INFORMATION CONTACT section.
EPA Regional Office Contacts. Table 1 lists EPA Regional Offices
that can answer questions regarding implementation of this proposed
rule.
Table 1.--EPA REGIONAL CONTACTS FOR CISWI
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States and
Region Contact Phone/Fax Protectorates
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I........... EPA New England 617-918-1650, CT, ME, MA, NH,
Director, Air 617-918-1505 RI, VT
Compliance Program, 1 (fax).
Congress Street,
Suite 1100 (SEA),
Boston, MA 02114-2023.
II.......... U.S. EPA--Region 2, 212-637-4080, NJ, NY, Puerto
Air Compliance 212-637-3998 Rico, Virgin
Branch, 290 Broadway, (fax). Islands
New York, New York
10007.
III......... U.S. EPA--Region 3, 215-814-3438, DE, DC, MD, PA,
Chief, Air 215-814-2134 VA, WV
Enforcement Branch (fax).
(3AP12), 1650 Arch
Street, Philadelphia,
PA 19103-2029.
IV.......... U.S. EPA--Region 4, 404-562-9105, AL, FL, GA, KY,
Air and Radiation, 404-562-9095 MS, NC, SC, TN
Technology Branch, (fax).
Atlanta Federal
Center, 61 Forsyth
Street, Atlanta,
Georgia 30303-3104.
V........... U.S. EPA--Region 5, 312-353-2211, IL, IN, MN, OH,
Air Enforcement and 312-886-8289 WI
Compliance Assurance (fax).
Branch, (AR-18J), 77
West Jackson
Boulevard, Chicago,
IL 60604-3590.
VI.......... U.S. EPA--Region 6, 214-665-7224, AR, LA, NM, OK,
Chief, Toxics 214-665-7446 TX
Enforcement, Section (fax).
(6EN-AT), 1445 Ross
Avenue, Dallas, TX
75202-2733.
VII......... U.S. EPA--Region 7, 913-551-7020, IA, KS, MO, NE
901 N. 5th Street, 913-551-7844
Kansas City, KS 66101. (fax).
VIII........ U.S. EPA--Region 8, 303-312-6007, CO, MT, ND, SD,
Air Program Technical 303-312-6064 UT, WY
Unit, (Mail Code 8P- (fax).
AR), 999 18th Street
Suite 500, Denver, CO
80202.
IX.......... U.S. EPA--Region 9, 415-744-1219, AZ, CA, HI, NV,
Air Division, 75 415-744-1076 American Samoa,
Hawthorne Street, San (fax). Guam
Francisco, CA 94105.
X........... U.S. EPA--Region 10, (206) 553-4273, ................
Office of Air (206) 553-0110
Quality, 1200 Sixth (fax).
Avenue, Seattle, WA
98101.
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Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background Information
A. What is the Regulatory Development Background for this
Proposed Rule?
B. What Impact Does the U.S. Appeals Court Remand and EPA's
Granting of a Request for Reconsideration Have on this Federal Plan?
II. Affected Facilities
A. What Is a CISWI Unit?
B. Does The Federal Plan Apply to Me?
C. How Do I Determine If My CISWI Unit Is Covered by an Approved
and Effective State or Tribal Plan?
III. Elements of the CISWI Federal Plan
A. Legal Authority and Enforcement Mechanism
B. Inventory of Affected CISWI Units
C. Inventory of Emissions
D. Emission Limitations
E. Compliance Schedules
F. Waste Management Plan Requirements
G. Testing, Monitoring, Recordkeeping, and Reporting
H. Operator Training and Qualification Requirements
I. Record of Public Hearings
J. Progress Reports
IV. Summary of CISWI Federal Plan
A. What Emission Limitations Must I Meet?
B. What Operating Limits Must I Meet?
C. What are the Requirements for Air Curtain Incinerators?
D. What are the Testing, Monitoring, Inspection, Recordkeeping,
and Reporting Requirements?
E. What is the Compliance Schedule?
F. How Did EPA Determine the Compliance Schedule?
V. CISWI That Have or Will Shut Down
A. Units That Plan to Close Rather Than Comply
B. Inoperable Units
C. CISWI Units That Have Shut Down
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
D. Implementing Authority
E. CISWI Federal Plan and Indian County
VII. Title V Operating Permits
VIII. Administrative Requirements
A. Docket
B. Public Hearing
C. Executive Order 12866: Regulatory Planning and Review
D. Executive Order 13132: Federalism
E. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
F. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
G. Executive Order 13211: Energy Effects
H. Unfunded Mandates Reform Act
[[Page 70642]]
I. Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act (SBREFA)
J. Paperwork Reduction Act
K. National Technology Transfer and Advancement Act
I. Background Information
A. What Is the Regulatory Development Background for This Proposed
Rule?
Section 129 of the CAA requires EPA to develop emission guidelines
for existing ``solid waste incineration units combusting commercial or
industrial waste.'' The EPA refers to these units as ``commercial and
industrial solid waste incineration'' (CISWI) units. The EPA proposed
emission guidelines for CISWI units on November 30, 1999 and
promulgated them on December 1, 2000 (65 FR 75338) (to be codified at
40 CFR part 60, subpart DDDD). In writing Section 129 of the Clean Air
Act, Congress looked first to the States as the preferred implementers
of emission guidelines for existing CISWI units. To make these emission
guidelines enforceable, States with existing CISWI units must have
submitted to EPA within one year following promulgation of the emission
guidelines (by December 1, 2001) State plans that implement and enforce
the emission guidelines. For States or Tribes that do not have an EPA-
approved and effective plan, EPA must develop and implement a Federal
plan within two years following promulgation of the emission guidelines
(by December 1, 2002). The EPA sees the Federal plan as an interim
measure to ensure that Congressionally mandated emission standards are
implemented until States assume their role as the preferred
implementers of the emissions guidelines. Thus, the EPA encourages
States to either use the Federal plan as a template to reduce the
effort needed to develop their own plans or to simply take delegation
to directly implement and enforce the guidelines. States without any
existing CISWI units are required to submit to the Administrator a
letter of negative declaration certifying that there are no CISWI units
in the State. No plan is required for States that do not have any CISWI
units.
As discussed in section VI.E of this preamble, Indian Tribes may,
but are not required to, submit Tribal plans to cover CISWI units in
Indian country. A Tribe may submit to the Administrator a letter of
negative declaration certifying that no CISWI units are located in the
Tribal area. No plan is required for Tribes that do not have any CISWI
units. CISWI units located in States or Tribal areas that mistakenly
submit a letter of negative declaration would be subject to the Federal
plan until a State or Tribal plan has been approved and becomes
effective covering those CISWI units.
Today's action proposes a Federal plan for CISWI units that are not
covered by an approved State or Tribal plan as of December 1, 2002.
Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require EPA
to develop, implement, and enforce a Federal plan to cover existing
CISWI units located in States that do not have an approved plan within
two years after promulgation of the emission guidelines (by December 1,
2002 for CISWI units). The EPA is proposing this Federal plan now so
that a promulgated Federal plan will be in place at the earliest
possible date, thus ensuring timely implementation and enforcement of
the CISWI emission guidelines. In addition, EPA's timing allows a State
or Tribe the opportunity to take delegation of the Federal plan in lieu
of writing a State plan.
B. What Impact Does the U.S. Appeals Court Remand and EPA's Granting of
a Request for Reconsideration Have on This Federal Plan?
Subsequent to EPA's promulgation of the final rule establishing the
NSPS and EG for CISWI units, two events occurred that potentially could
result in substantive changes to these standards. First, in August 2001
EPA granted a request for reconsideration, pursuant to section
307(d)(7)(B) of the CAA, submitted on behalf of the National Wildlife
Federation and the Louisiana Environmental Action Network, related to
the definition of ``commercial and industrial solid waste incineration
unit'' in EPA's CISWI rulemaking. In granting this petition for
reconsideration, EPA agreed to undertake further notice and comment
proceedings related to this definition. Second, on January 30, 2001,
the Sierra Club filed a petition for review in the U.S. Court of
Appeals for the D.C. Circuit challenging EPA's final CISWI rule. On
Sept. 6, 2001, the Court entered an order granting EPA's motion for a
voluntary remand of the CISWI rule without vacature. EPA's request for
a voluntary remand of the final CISWI rule was intended to allow the
Agency to address concerns related to the Agency's procedures for
establishing MACT floors for CISWI units in light of the D.C. Circuit
Court's decision in Cement Kiln Recycling Coalition v. EPA, 255 F.3d
855 (D.C. Cir. 2001).
Neither EPA's granting of the petition for reconsideration, nor the
Court's order granting a voluntary remand, stay, vacate or otherwise
influence the effectiveness of the currently existing CISWI
regulations. Specifically, section 307(d)(7)(B) of the Act provides
that ``reconsideration shall not postpone the effectiveness of the
rule,'' except that ``[t]he effectiveness of the rule may be stayed
during such reconsideration * * * by the Administrator or the court for
a period not to exceed three months.'' In this case, neither EPA nor
the court stayed the effectiveness of the final CISWI regulations in
connection with the reconsideration petition. Likewise, the D.C.
Circuit granted EPA's motion for a remand without vacature, therefore,
the Court's remand order had no impact on the effectiveness of the
current CISWI regulations. Because the existing CISWI regulations
remain in full effect, EPA's obligation under section 129(b)(3) of the
Act to promulgate a Federal Plan (to implement those regulations for
existing units that are not covered by an approved and effective State
plan) remains unchanged.\1\ Therefore, EPA is complying with its
statutory obligations by issuing today's proposed Federal Plan for
CISWI units.
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\1\ Similarly, the obligations of States and sources are
unaffected by the reconsideration petition and the remand.
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To the extent that EPA might take action in the future that results
in changes in the underlying CISWI rule--in response to the petition
for reconsideration or in response to the voluntary remand--EPA will
simultaneously amend this Federal Plan to reflect any such changes. If
such changes become necessary, interested parties, including States and
sources, will have the opportunity to provide comments, and EPA will
reasonably accommodate the concerns of commenters as appropriate.
II. Affected Facilities
A. What Is a CISWI Unit?
A CISWI unit means any combustion device that combusts commercial
and industrial waste, as defined in proposed 40 CFR part 62, subpart
III. Commercial and industrial waste, as defined in proposed subpart
III, is solid waste combusted in an enclosed device using controlled
flame combustion without energy recovery that is a distinct operating
unit of any commercial or industrial facility (including field-erected,
modular, and custom built incineration units operating with starved or
excess air), or solid waste combusted in an air curtain incinerator
without energy recovery that is a distinct operating unit of any
commercial or industrial facility. Fifteen types of combustion units,
which are listed in Sec. 62.14525 of subpart III are
[[Page 70643]]
conditionally exempt from the Federal plan.
B. Does the Federal Plan Apply to Me?
The proposed Federal plan will apply to you if you are the owner or
operator of a combustion device that combusts commercial and industrial
waste (as defined in subpart III) and the device is not covered by an
approved and effective State or Tribal plan as of December 1, 2002. The
proposed Federal plan covers your CISWI unit until EPA approves a State
or Tribal plan that covers your CISWI unit and that plan becomes
effective.
If you began the construction of your CISWI unit on or before
November 30, 1999, it is considered an existing CISWI unit and could be
subject to the Federal plan. If you began the construction of your
CISWI unit after November 30, 1999, it is considered a new CISWI unit
and is subject to the NSPS. If you began reconstruction or modification
of your CISWI unit prior to June 1, 2001, it is considered an existing
CISWI unit and could be subject to the Federal plan. Likewise, if you
began reconstruction or modification of your CISWI unit on or after
June 1, 2001, it is considered a new CISWI unit and is subject to the
NSPS.
Your CISWI unit would be subject to this Federal plan if on the
effective date of the Federal plan, EPA has not approved a State or
Tribal Plan that covers your unit, or the EPA-approved State or Tribal
plan has not become effective. The specific applicability of this plan
is described in Sec. Sec. 62.14510 through 62.14530 of subpart III.
Once an approved State or Tribal plan is in effect, the Federal
plan will no longer apply to a CISWI unit covered by such plan. An
approved State or Tribal plan is a plan developed by a State or Tribe
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
DDDD. The State or Tribal plan is effective on the date specified in
the notice published in the Federal Register announcing EPA's approval
of the plan.
The EPA's promulgation of a CISWI Federal plan will not preclude
States or Tribes from submitting a plan. If a State or Tribe submits a
plan after promulgation of the CISWI Federal plan final rule, EPA will
review and approve or disapprove the State or Tribal plan. If EPA
approves a plan, then the Federal plan would no longer apply to CISWI
units covered by the State or Tribal plan as of the effective date of
the State or Tribal plan. (See the discussion in ``State or Tribe
Submits A Plan After CISWI Units Located in the Area Are Subject to the
Federal Plan'' in section VI.C of this preamble.) If a CISWI unit were
overlooked by a State or Tribe and the State or Tribe submitted a
negative declaration letter, or if an individual CISWI unit were not
covered by an approved and effective State or Tribal plan, the CISWI
unit would be subject to this Federal plan.
C. How Do I Determine If My CISWI Unit Is Covered by an Approved and
Effective State or Tribal Plan?
Part 62 of Title 40 of the Code of Federal Regulations identifies
the approval and promulgation of section 111(d) and section 129 State
or Tribal plans for designated facilities in each State or area of
Indian Country. However, part 62 is updated only once per 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.
III. Elements of the CISWI Federal Plan
Because EPA is proposing a Federal plan to cover CISWI units
located in States and areas of Indian Country where plans are not in
effect, EPA has elected to include in this proposal the same elements
as are required for State plans: (1) Identification of legal authority
and mechanisms for implementation, (2) inventory of CISWI units, (3)
emissions inventory, (4) emission limitations, (5) compliance
schedules, (6) waste management plan, (7) testing, monitoring,
inspection, reporting, and recordkeeping, (8) operator training and
qualification, (9) public hearing, and (10) progress reporting. See 40
CFR part 60 subparts B and C and sections 111 and 129 of the CAA. Each
plan element is described below as it relates to this proposed CISWI
Federal plan. Table 2 lists each element and identifies where it is
located or codified.
Table 2.--Elements of the CISWI Federal Plan
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Element of the CISWI Federal plan Location
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Legal authority and enforcement Sections 129(b)(3) 111(d),
mechanism. 301(a), and 301(d)(4) of the
CAA
Inventory of Affected MWC Units........ Docket A-2000-52
Inventory of Emissions................. Docket A-2000-52
Emission Limits........................ 40 CFR 62.14630-62.14645
Compliance Schedules................... 40 CFR 62.14535-62.14575
Operator Training and Qualification.... 40 CFR 62.14595-62.14625
Waste Management Plan.................. 40 CFR 62.14580-62.14590
Record of Public Hearings.............. Docket A-2000-52
Testing, Monitoring, Recordkeeping, and 40 CFR 62.14670-62.14760
Reporting.
Progress Reports....................... Section III.J of this preamble
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A. Legal Authority and Enforcement Mechanism
1. EPA's Legal Authority in States
Section 301(a) of the CAA provides 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 direct EPA to develop a Federal plan
for States that do not submit approvable State plans. Sections 111 and
129 of the CAA provide EPA with the authority to implement and enforce
the Federal plan in cases where the State fails to submit a
satisfactory State plan. Section 129(b)(3) requires EPA to develop,
implement, and enforce a Federal plan within 2 years after the date the
relevant emission guidelines are promulgated (by December 1, 2002 for
CISWI units). Compliance with the emission guidelines cannot be later
than 5 years after the relevant emission guidelines are promulgated (by
December 1, 2005 for CISWI units).
2. EPA's Legal Authority in Indian Country
Section 301 provides EPA with the authority to administer Federal
programs in Indian country. See sections 301 (a) and (d). 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 administratively not feasible. See
section VI.E of this preamble for a more detailed discussion of EPA's
authority to administer the CISWI Federal plan in Indian country.
The EPA is proposing this Federal regulation under the legal
authority of
[[Page 70644]]
the CAA to implement the emission guidelines in those States and areas
of Indian country not covered by an approved plan. As discussed in
section VI of this document, implementation and enforcement of the
Federal plan may be delegated to eligible Tribal, State, or local
agencies when requested by a State, eligible Tribal, or local agency,
and when EPA determines that such delegation is appropriate.
B. Inventory of Affected CISWI Units
The proposed Federal plan includes an inventory of CISWI units
affected by the emission guidelines. (See 40 CFR 60.25(a).) Docket
number A-2000-52 contains an inventory of the CISWI units that may
potentially be covered by this proposed Federal plan in the absence of
State or Tribal plans. This inventory contains 99 CISWI units in 30
States and one protectorate. It is based on information collected from
State and Federal databases, information collection request survey
responses, and stakeholder meetings during the development of the CISWI
emission guidelines. The EPA recognizes that this list may not be
complete. Therefore, sources potentially subject to this Federal plan
may include, but are not limited to, the CISWI units listed in the
inventory memorandum in docket number A-2000-52. Any CISWI unit that
meets the applicability criteria in the Federal plan rule is subject to
the Federal plan, regardless of whether it is listed in the inventory.
States, Tribes, or individuals are invited to identify additional
sources for inclusion to the list during the comment period for this
proposal.
C. Inventory of Emissions
The proposed Federal plan includes an emissions estimate for CISWI
units subject to the emission guidelines. (See 40 CFR 60.25(a).) The
pollutants to be inventoried are dioxins/furans, cadmium (Cd), lead
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl),
oxides of nitrogen (NOX), carbon monoxide (CO), and sulfur
dioxide (SO2). For this proposal, EPA has estimated the
emissions from each known CISWI unit that potentially may be covered by
the Federal plan for the nine pollutants regulated by the Federal plan.
The emissions inventory is based on available information about the
CISWI units, emission factors, and typical emission rates developed for
calculating nationwide air impacts of the CISWI emission guidelines and
the Federal plan. Refer to the inventory memorandum in docket number A-
2000-52 for the complete emissions inventory and details on the
emissions calculations.
D. Emission Limitations
The proposed Federal plan includes emission limitations. (See 40
CFR 60.24(a).) Section 129(b)(2) of the CAA requires these emission
limitations to be ``at least as protective as'' those in the emission
guidelines. The emission limitations in this proposed CISWI Federal
plan are the same as those contained in the emission guidelines. (See
table 2 of subpart III.) Section IV of this preamble discusses the
emission limitations and operating limits. Table 3 of subpart III
contains operating limits for wet scrubbers.
E. Compliance Schedules
Increments of progress are required for CISWI units that need more
than 1 year from State plan approval to comply, or in the case of the
Federal plan, more than 1 year after promulgation of the final Federal
plan. (See 40 CFR 60.24(e)(1).) Increments of progress are included to
ensure that each CISWI unit needing more time to comply is making
progress toward meeting the emission limits.
For CISWI units that need more than 1 year to comply, the proposed
CISWI Federal plan includes in its compliance schedule two increments
of progress from 40 CFR 60.21(h), as allowed by 40 CFR 60.24(e)(1) and
required by 40 CFR part 60, subpart DDDD (Sec. 60.2575). The Federal
plan includes defined and enforceable dates for completion of each
increment. These increments of progress are (1) submit final control
plan, and (2) achieve final compliance. The proposed increments of
progress are described in section IV.E of this preamble.
F. Waste Management Plan Requirements
A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream to reduce or eliminate
toxic emissions from incinerated waste. The waste management plan must
be submitted no later than the date six months after promulgation of
the CISWI Federal plan in the Federal Register. Sections 62.14580
through 62.14590 of subpart III contain the waste management plan
requirements.
G. Testing, Monitoring, Recordkeeping, and Reporting
The proposed Federal plan includes testing, monitoring,
recordkeeping, and reporting requirements. (See 40 CFR 60.25.) Testing,
monitoring, recordkeeping, and reporting requirements are consistent
with subpart DDDD, and assure initial and ongoing compliance.
H. Operator Training and Qualification Requirements
The owner or operator must qualify operators or their supervisors
(at least one per facility) by ensuring that they complete an operator
training course and annual review or refresher course. Sections
62.14595 through 62.14625 of the proposed subpart III contain the
operator training and qualification requirements.
I. Record of Public Hearings
The proposed Federal plan provides opportunity for public
participation in adopting the plan. (See 40 CFR 60.23(c).) If requested
to do so, EPA will hold a public hearing in Research Triangle Park, NC.
A record of the public hearing, if any, will appear in Docket A-2000-
52. If a public hearing is requested and held, EPA will ask clarifying
questions during the oral presentation but will not respond to the
presentations or comments. Written statements and supporting
information submitted during the public comment period will be
considered with equivalent weight as any oral statement and supporting
information subsequently presented at a public hearing, if held.
J. Progress Reports
Under the Federal plan, the EPA Regional Offices will prepare
annual progress reports to show progress of CISWI units in the Region
toward implementation of the emission guidelines. (See 40 CFR
60.25(e).) States or Tribes that have been delegated the authority to
implement and enforce this Federal plan would also be required to
submit annual progress reports to the appropriate EPA Regional Office.
Appendix D of 40 CFR part 60 requires reporting of emissions data
to the Aerometric Emissions Information Retrieval System (AIRS)/AIRS
Facility Subsystem(AFS). These reports can be combined with the State
implementation plan report required by 40 CFR 51.321 in order to avoid
double reporting. Under the proposed Federal plan, EPA Regional Offices
would report AIRS emissions data. If a State or Tribe has been
delegated the authority to implement and enforce the Federal plan, the
State or Tribe would report emissions data to AIRS.
Each progress report must include the following items: (1) Status
of enforcement actions; (2) status of increments of progress; (3)
identification
[[Page 70645]]
of sources that have shut down or started operation; (4) emission
inventory data for sources that were not in operation at the time of
plan development, but that began operation during the reporting period;
(5) additional data as necessary to update previously submitted source
and emission information; and (6) copies of technical reports on any
performance testing and monitoring.
IV. Summary of CISWI Federal Plan
A. What Emission Limitations Must I Meet?
As the owner or operator of an existing CISWI unit, you will be
required to meet the emission limitations specified in Table 1. See
section IV.E of this preamble for a discussion of the compliance
schedule.
Table 1.--Emission Limitations for Existing CISWI Units
------------------------------------------------------------------------
You must meet these And determine
For these pollutants emission limitations compliance using
\a\ these methods \b\
------------------------------------------------------------------------
Cadmium..................... 0.004 mg/dscm....... EPA Method 29
Carbon Monoxide............. 157 ppm............. EPA Methods 10, 10A,
or 10B
Dioxins/Furans, toxic 0.41 ng/dscm........ EPA Method 23
equivalent (TEQ) basis.
Hydrogen Chloride........... 62 ppm by dry volume EPA Method 26A
Lead........................ 0.04 mg/dscm........ EPA Method 29
Mercury..................... 0.47 mg/dscm........ EPA Method 29
Opacity..................... 10 percent.......... EPA Method 9
Oxides of Nitrogen.......... 388 ppm by dry EPA Method 7, 7A,
volume. 7C, 7D, or 7E
Particulate Matter.......... 70 mg/dscm.......... EPA Method 5 or 29
Sulfur Dioxide.............. 20 ppm by dry volume EPA Method 6 or 6c
------------------------------------------------------------------------
\a\ All emission limitations (except opacity) are measured at 7 percent
oxygen, dry basis at standard conditions.
\b\ These methods are in 40 CFR part 60, appendix A.
B. What Operating Limits Must I Meet?
If you are using a wet scrubber to comply with the emission
limitations, you will be required to establish the maximum and minimum
site-specific operating limits indicated in Table 2. You will be
required to operate the CISWI unit and wet scrubber so that the
operating parameters do not deviate from the established operating
limits.
Table 2.--Operating Limits for Existing CISWI Units Using Wet Scrubbers
------------------------------------------------------------------------
And monitor
For these operating You must establish continuously using
parameters these operating these recording
limits times
------------------------------------------------------------------------
Charge rate................. Maximum charge rate. Every hour
Pressure drop across the wet Minimum pressure Every 15 minutes
scrubber, or amperage to drop or amperage.
the wet scrubber.
Scrubber liquor flow rate... Minimum flow rate... Every 15 minutes
For these operating You must establish And monitor
parameters. these operating continuously using
limits.. these recording
times
Scrubber liquor pH.......... Minimum pH.......... Every 15 minutes
------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average basis, except
charge rate for batch incinerators, which is determined on a daily
basis.
If you are using an air pollution control device other than a wet
scrubber to comply with the emission limitations, you will be required
to petition the Administrator for other site-specific operating limits
to be established during the initial performance test and continuously
monitored thereafter. The required components of the petition are
described in Sec. 62.14640 of subpart III.
If you are using a fabric filter to comply with the emission
limitations, in addition to other operating limits as approved by the
Administrator, you must operate the fabric filter system such that the
bag leak detection system alarm does not sound more than 5 percent of
the operating time during any 6-month period.
C. What Are the Requirements for Air Curtain Incinerators?
The Federal plan will establish opacity limitations for air curtain
CISWI units burning 100 percent wood wastes and/or clean lumber. This
opacity limitation will be 10 percent, except 35 percent opacity will
be allowed during start-up periods that are within the first 30 minutes
of operation.
D. What Are the Testing, Monitoring, Inspection, Recordkeeping, and
Reporting Requirements?
The owner or operator of a CISWI unit subject to the CISWI Federal
plan will be required to conduct initial performance tests for cadmium,
dioxins/furans, hydrogen chloride, lead, mercury, opacity, particulate
matter, and sulfur dioxide and establish operating limits (i.e.,
maximum or minimum values for operating parameters). The initial
performance test must be conducted within 180 days after the date the
facility is required to achieve final compliance.
The owner or operator will be required to conduct annual
performance tests for particulate matter, hydrogen chloride, and
opacity. (An owner or operator may conduct less frequent testing if the
facility demonstrates that it is in compliance with the emission
limitations for 3 consecutive years.)
To assure ongoing achievement of the Federal plan's provisions, an
owner or operator using a wet scrubber to comply with the emission
limitations will continuously monitor the following
[[Page 70646]]
operating parameters: charge rate, pressure drop across the wet
scrubber (or amperage), and scrubber liquid flow rate and pH. If
something other than a wet scrubber is used to comply with the emission
limitations, the owner or operator will be required to monitor other
operating parameters, as approved by the Administrator.
If the owner or operator is using a fabric filter to comply with
the emission limitations, in addition to other operating limits as
approved by the Administrator, the owner or operator must install and
continuously operate a bag leak detection system. The owner or operator
must keep records of periods when the alarm sounds and calculate
whether these periods are more than 5 percent of the operating time for
each 6-month period. The owner or operator will be required to submit
information documenting compliance with these requirements as part of
an annual report; and report deviations semi-annually.
In addition, the Federal plan will require CISWI unit owners and
operators to maintain for 5 years records of the initial performance
tests and all subsequent performance tests, operating parameters, any
maintenance, and operator training and qualification. The owner or
operator will submit the results of the initial performance tests and
all subsequent performance tests and values for the operating
parameters in annual reports.
E. What Is the Compliance Schedule?
Each CISWI unit will be required to either: (1) Reach final
compliance by the date 1 year after publication of the final rule in
the Federal Register, or (2) meet increments of progress and reach
final compliance by the date 2 years after publication of the final
rule in the Federal Register. In addition, the owner or operator must
comply with the operator training and qualification requirements and
inspection requirements by the date 1 year after publication of the
final rule in the Federal Register, regardless of when the CISWI unit
reaches final compliance.
Each owner or operator that takes more than 1 year to reach final
compliance must submit a final control plan (increment 1) by the date 6
months after publication of the final rule for this Federal plan in the
Federal Register and reach final compliance (increment 2) by the date 2
years after publication of the final rule in the Federal Register. To
ensure timely progress towards implementation of the Federal plan, the
proposed rules include a requirement for owners or operators of CISWI
units seeking to take an additional year to reach final compliance to
submit a request to the Administrator that documents the need for an
extension.
To meet the increment 1 requirement, the owner or operator of each
CISWI unit must submit a final control plan that includes five items:
(1) A description of the air pollution control devices and/or process
changes that will be employed so that each CISWI unit complies with the
emission limits and other requirements, (2) a list of the types of
waste burned, (3) the maximum design waste burning capacity, (4) the
anticipated maximum charge rate, and, (5) if applicable, the petition
for site-specific operating limits. A final control plan is not
required for units that will be shut down, but those units must close
by 1 year after the final rule is published or must submit a closure
agreement by 6 months after the final rule is published, close no later
than 2 years after the rule is published, and meet other requirements
as described in section V.A. of this preamble.
To meet the second increment of progress, the owner or operator of
each CISWI unit must incorporate all process changes or complete
retrofit construction in accordance with the final control plan. The
owner or operator must connect the air pollution control equipment or
process changes such that when the CISWI unit is brought on line all
necessary process changes or air pollution control equipment will
operate as designed.
F. How Did EPA Determine the Compliance Schedule?
The EPA determined the compliance schedule based on the
requirements of 40 CFR part 60, subpart B and the feasibility of owners
or operators to retrofit combustion units with air pollution control
devices. CISWI units must comply within 1 year after publication of the
final Federal plan or meet increments of progress. The requirement to
reach final compliance within 1 year is consistent with 40 CFR 60.24(c)
of subpart B. Subpart B requires final compliance to be ``as
expeditiously as practicable* * *'' and requires increments of progress
if the compliance schedule is longer than 1 year.
The EPA believes that many CISWI units can reach final compliance
within 1 year after promulgation of the Federal plan based on their
similarity to HMIWI units. In addition to the 1 year after promulgation
of the Federal plan, units could use the time between this proposed
rule and promulgation of the final Federal plan to plan and begin
retrofits.
The proposed compliance schedule for CISWI units is similar to the
compliance schedule for HMIWI units. Most CISWI units are similar in
size to HMIWI units. In addition, CISWI units would require similar
controls to meet the CISWI Federal plan emission limits as HMIWI units
would need to meet the HMIWI Federal plan emission limits. To determine
the compliance schedule for HMIWI units, EPA conducted case studies of
eight HMIWI units that completed retrofits of the types of controls
needed to meet the HMIWI Federal plan (64 FR 36430, July 6, 1999).
Based on these case studies (Docket No. A-98-24, II-A-1), EPA found
that many HMIWI units can meet the requirements of the Federal plan
within 1 year. Similarly, many CISWI units could meet a 1-year
schedule.
We expect that some CISWI units could need more than 1 year to
comply, as did some HMIWI units, due to site-specific circumstances.
For units that cannot comply within 1 year, the proposed Federal plan
establishes increments of progress, as required by subpart B. The
proposed date for the first increment of progress, submittal of a final
control plan, is 6 months after publication of the final Federal plan
in the Federal Register. The proposed date for the second increment of
progress, final compliance, is 2 years after publication of the final
Federal plan in the Federal Register. These increments are derived from
the findings of the case studies performed to characterize the retrofit
of control systems for hospital medical and infectious waste (HMIWI)
incinerators (Docket A-98-24, Item II-A-1). The size and design of
CISWI are similar to the smaller HMIWI that were the subjects of the
case studies. In particular, most units are small and controls will be
ordered ``off-the-shelf'' as assembled packages. Thus, the Agency did
not see a need for increments to address details of on-site
construction and installation of control systems. Also, CISWI sites are
not thought to have the problems with space and access that were
concerns for HMIWI retrofits. In addition, CISWI units have the time
between publication of this proposed rule and publication of the final
rule in the Federal Register to begin developing the final control plan
and to initiate retrofit activities.
The proposed rules do not include increments of progress for air
curtain incinerators (ACI). Air curtain incinerators must comply with
the requirements of the Federal plan one year after the date of
promulgation of the final rule. Delaying implementation for ACI would
not be appropriate because there will be little or no need for the
installation of control equipment on these units(Primarily because
control
[[Page 70647]]
equipment is typically infeasible for ACI). Compliance with the opacity
limits applicable to this class of units would primarily be achieved by
good operation and maintenance practices. This approach is consistent
with the proposed requirement for completion of CISWI operator training
by the date one year after promulgation of the final rule.
V. CISWI That Have or Will Shut Down
A. Units That Plan To Close Rather Than Comply
If you plan to permanently close your currently operating CISWI
unit, you must do one of the following: (a) close by the date 1 year
after publication of the final rule for this Federal plan in the
Federal Register, or (b) submit a legally binding closure agreement,
including the date of closure, to the Administrator by the date 6
months after publication of the final rule in the Federal Register. The
closure agreement must specify the date by which operation will cease.
The closure date cannot be later than the final compliance date of the
CISWI Federal plan (2 years after publication of the final rule in the
Federal Register). If you close your CISWI unit after the date 1 year
after publication of the final rule in the Federal Register, but before
the date 2 years after publication of the final rule in the Federal
Register, then you must comply with the operator training and
qualification requirements by the date 1 year after publication of the
final rule in the Federal Register. In addition, while still in
operation, you are subject to the same requirements for title V
operating permits that apply to units that will not shut down.
B. Inoperable Units
In cases where a CISWI unit has already shut down, has been
rendered inoperable, and does not intend to restart, the CISWI unit may
be left off the source inventory in a State, Tribal, or this Federal
plan. A CISWI unit that has been rendered inoperable would not be
covered by the Federal plan. The CISWI owner or operator may do the
following to render a CISWI unit inoperable: (1) Weld the waste charge
door shut, (2) remove stack (and by-pass stack, if applicable), (3)
remove combustion air blowers, or (4) remove burners or fuel supply
appurtenances.
C. CISWI Units That Have Shut Down
CISWI units that are known to have already shut down (but are not
known to be inoperable) will be included in the source inventory and
identified in any State or Tribal plan submitted to EPA.
1. Restarting Before The Final Compliance Date
If the owner or operator of an inactive CISWI unit plans to restart
before the final compliance date, the owner or operator must submit a
control plan for the CISWI unit and meet the applicable compliance
schedule. Final compliance is required for all pollutants and all CISWI
units no later than the final compliance date. (See section IV.E for
the discussion on compliance schedules and increments of progress.)
2. Restarting After The Final Compliance Date
Under this proposed Federal plan, a control plan would not be
needed for inactive CISWI units that restart after the final compliance
date. However, before restarting, such CISWI units would have to
complete the operator training and qualification requirements and
inspection requirements (if applicable) and complete retrofit or
process modifications. Performance testing to demonstrate compliance
would be required within 180 days after restarting. There would be no
need to show that the increments of progress have been met since these
steps would have occurred before restart while the CISWI unit was shut
down and not generating emissions. A CISWI unit that operates out of
compliance after the final compliance date would be in violation of the
Federal plan and subject to enforcement action.
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
CISWI units in a State or Tribal area that does not have an 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 CISWI 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 should be 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
4, 1984), reaffirmed in a 2001 memorandum (``EPA Indian Policy,''
signed by Christine Todd Whitman, Administrator of EPA, dated July
11,2001).
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 (see section IV.E.1 of this preamble). 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
[[Page 70648]]
between the State or Tribe and EPA would set forth the terms and
conditions of the delegation, the effective date of the agreement, and
would also serve as the mechanism to transfer authority. Upon signature
of the agreement, the appropriate EPA Regional Office would publish an
approval notice in the Federal Register, thereby incorporating the
delegation 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 to approve the
following items:
(1) Alternative site-specific operating parameters established by
facilities using CISWI controls other than a wet scrubber (Sec.
62.14640 of subpart III),
(2) Alternative methods of demonstrating compliance,
(3) Alternative requirements that 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 the
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, and waiver of recordkeeping and reporting; and
(4) Petitions to the Administrator to add a chemical recovery unit
to Sec. 62.14525(n) of subpart III.
CISWI owners or operators who wish to establish alternative
operating parameters or alternative methods of demonstrating compliance
should submit a request to the Regional Office Administrator with a
copy to the appropriate State or Tribe.
C. Mechanisms for Transferring Authority
There are two mechanisms for transferring implementation authority
to State or Tribal agencies: (1) EPA approval of 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 delegation to a
State or Tribe of the authority to implement certain portions of this
Federal plan to the extent appropriate and if allowed by State or
Tribal law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State or
Tribal Plan
After CISWI 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 CISWI
units covered in the State or Tribal plan would remain subject to the
Federal plan until a State or Tribal plan covering those CISWI units is
approved and effective.
Upon the effective date of an approved State or Tribal plan, the
Federal plan would no longer apply to CISWI units covered by such a
plan, and the State or Tribal agency would 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 or Tribe Takes Delegation of the Federal Plan
The EPA, in its discretion, may delegate to State or eligible
Tribal agencies the authority to implement this Federal plan. As
discussed above, EPA believes that it is advantageous and the best use
of resources for State or Tribal agencies to agree to undertake, on
EPA's behalf, the administrative and substantive roles in implementing
the Federal plan to the extent appropriate and where authorized by
State or Tribal 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, CISWI inspections, and preparation of draft
notices of violation.
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 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 the
program they will adopt. Consistent with the approach of the Tribal
Authority Rule, 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 consistent with Tribal
law.
Both States and 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.
D. Implementing Authority
The EPA will delegate authority within the Agency to the EPA
Regional Administrators to implement the CISWI Federal plan. All
reports required by this Federal plan should be submitted to the
appropriate Regional Office Administrator. Table 1 under Supplementary
Information lists the names and addresses of the EPA Regional Office
contacts and the States that they cover.
E. CISWI Federal Plan and Indian Country
The term ``Indian country,'' as used in this preamble, means (1)
all land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation; (2) all dependent Indian communities within the borders of
the United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State;
and (3) all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
The CISWI Federal plan would apply throughout Indian country to
ensure that there is not a regulatory gap for existing CISWI units in
Indian country. However, eligible Indian tribes now have the authority
under the CAA to develop Tribal plans in the same manner that States
develop State plans. On February 12, 1998, EPA promulgated regulations
that outline provisions of the CAA for which it is appropriate to treat
Tribes in the same manner as States. See 63 FR 7254 (Final Rule for
Indian Tribes: Air Quality Planning and Management, (Tribal Authority
Rule)) (codified at 40 CFR part 49). As of
[[Page 70649]]
March 16, 1998, the effective date of the Tribal Authority Rule, EPA
has had authority under the CAA to approve Tribal programs such as
Tribal plans to implement and enforce the CISWI emission guidelines.
1. Tribal Implementation
Section 301(d) of the CAA authorizes the Administrator to treat an
Indian tribe as a State under certain circumstances. The Tribal
Authority Rule, which implements section 301(d) of the CAA, identifies
provisions of the CAA for which it is appropriate to treat a Tribe as a
State. (See 40 CFR 49.3 and 49.4.) Under the Tribal Authority Rule, a
Tribe may be treated as a State for purposes of this Federal plan. If a
Tribe meets the criteria below, EPA can delegate to an Indian tribe
authority to implement the Federal plan in the same way it can delegate
authority to a State:
(1) The applicant is an Indian tribe recognized by the Secretary of
the Interior;
(2) The Indian tribe has a governing body carrying out substantial
governmental duties and functions;
(3) The functions to be exercised by the Indian tribe pertain to
the management and protection of air resources within the exterior
boundaries of the reservation or other areas within the tribe's
jurisdiction; and
(4) The Indian tribe is reasonably expected to be capable, in the
EPA Regional Administrator's judgment, of carrying out the functions to
be exercised in a manner consistent with the terms and purposes of the
CAA and all applicable regulations. (See 40 CFR 49.6.)
2. EPA Implementation
The CAA also provides EPA with the authority to administer Federal
programs in Indian country. This authority is based in part on the
general purpose of the CAA, which is national in scope. Section 301(a)
of the CAA provides EPA broad authority to issue regulations that are
necessary to carry out the functions of the CAA. Congress intended for
EPA to have the authority to operate a Federal program when Tribes
choose not to develop a program, do not adopt an approvable program, or
fail to adequately implement an air program authorized under section
301(d) of the CAA.
Section 301(d)(4) of the CAA authorizes the Administrator to
directly administer provisions of the CAA to achieve the appropriate
purpose where Tribal implementation is not appropriate or
administratively not feasible. The EPA's interpretation of its
authority to directly implement Clean Air Act programs in Indian
country is discussed in more detail in the Tribal Authority Rule. See
63 FR at 7262-7263. As mentioned previously, Tribes may, but are not
required to, submit a CISWI plan under section 111(d) of the CAA.
3. Applicability in Indian Country
The Federal plan would apply throughout Indian country except where
an EPA-approved plan already covers an area of Indian country. This
approach is consistent with EPA's implementation of the Federal
Operating Permits program in Indian country (see 64 FR 8247 (February
19, 1999)).
VII. Title V Operating Permits
Except for the sources specified in section 62.14830 of this
proposed rule, sources subject to this CISWI 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 CISWI units)
subject to standards or 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 sections 111 and 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. 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 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.\2\ As a result, EPA interprets the dates in
section 129(e) to be the dates by which complete title V applications
need to be submitted. In the absence of such an interpretation, a
section 129 source may be required to prepare and submit a complete
title V application and the permitting authority would have to issue a
permit to this source in a very short period of time.\3\
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\2\ 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 62.14835(b) and 40 CFR 70.5(a)(2) and
71.5(a)(2).
\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 promulgated under
sections 111 and 129, a source, if subject to the Federal plan,
would have less than 12 months to prepare and submit a complete
title V permit application and to have the permit issued. EPA's
interpretation allows section 129(e) to be read consistently with
section 503(d) of the Act and 40 CFR 70.7(b) and 71.7(b). EPA's
interpretation is also consistent with section 503(c) of the Act
which requires sources to submit title V applications not later than
12 months after becoming subject to a title V permits programs. If a
permit as opposed to a title V application were required by the
later of the two deadlines specified in section 129(e), some section
129 sources would be required 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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As a result of EPA's interpretation, existing CISWI units must
submit complete title V applications by the later of the following
dates: Not later than 36 months after the promulgation of 40 CFR part
60, subpart DDDD 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. As of today's proposal, all areas of the country
are covered by effective title V programs. As a result, the relevant
section 129(e) date for existing CISWI units is 36 months following
promulgation of 40 CFR part 60, subpart DDDD, i.e., December 1, 2003.
Therefore, December 1, 2003 is the latest possible date by which
complete applications for existing CISWI units can be submitted and
still be considered timely. This date applies regardless of when the
CISWI Federal plan becomes effective or when an EPA approved section
111(d)/129 plan for existing CISWI units becomes effective. If,
however, an earlier application deadline applies to an existing CISWI
unit, then this deadline must be met in order for the unit to be in
compliance with section 502(a) of the CAA. To determine when an
application is due for an existing CISWI 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 CISWI unit
[[Page 70650]]
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 this 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., December 1, 2003 or not later than 12 months after the
effective date of this Federal plan, may apply to an existing CISWI
unit if it is subject to title V for more than one reason. For example,
an existing CISWI 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). See also 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 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 his 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 existing CISWI unit is a major source or is
part of a major source, is subject to this Federal plan, and is already
covered by a title V permit with a remaining permit term of 3 or more
years on the effective date of this Federal plan, then the owner or
operator will receive from his permitting authority a notice of intent
to reopen his source's title V permit to include the requirements of
this Federal plan. Reopenings required for such CISWI units must be
completed not later than 18 months after the effective date of this
Federal plan in accordance with the procedures established in 40 CFR
70.7(f)(1)(i) or 71.7(f)(1)(i). If an existing CISWI unit subject to
this Federal plan does not meet the above criteria, e.g., the unit is
part of a nonmajor source or is covered by a permit which has a
remaining term of less than 3 years on the effective date of this
Federal plan, then the permitting authority does not need to reopen the
source's permit, as a matter of Federal law, to include the
requirements of this Federal plan.\5\ However, the owner or operator of
a source subject to a section 111/129 Federal plan remains subject to,
and must act in compliance with, section 111/129 requirements and all
other applicable requirements to which the source is subject regardless
of whether these requirements are included in a title V permit. 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)(9); 40 CFR 70.7(f)(1)(i) and
71.7(f)(1)(i). Owners or operators of CISWI 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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The EPA has recently become aware that there has been some
confusion regarding the Title V obligations of section 129 sources that
are subject to standards or regulations under sections 111 and 129. We
are therefore including the following chart to help clarify when CISWI
units (even those not subject to this Federal plan) must apply for a
title V permit. While the following chart provides specific information
relative to CISWI units, the same title V obligations apply to all
section 129 sources subject to standards or regulations under sections
111 and 129. Of course, specific deadlines will vary for other section
129 sources depending on when the relevant NSPS is promulgated, when
the relevant State or Tribal section 111(d)/129 plan is approved by EPA
and becomes effective, etc. Lastly, the following table takes into
account that as of the promulgation date, i.e., December 1, 2000, for
the NSPS (subpart CCCC of part 60) and emission guidelines (subpart
DDDD of part 60) for CISWI units, every area of the country was covered
by a title V permits program under 40 CFR part 70 or part 71. This
point is relevant because a section 111/129 standard cannot trigger the
requirement for a source to apply for a title V permit unless a title V
permits program is in effect in the area in which the source is
located.
------------------------------------------------------------------------
------------------------------------------------------------------------
Title V Permit Application Deadlines
------------------------------------------------------------------------
If a CISWI unit is a major source Then a complete title V application
or is part of a major source, which covers the entire source \6\
and had commenced operation as is due not later than 12 months (or
of the effective date of the earlier if required by the title V
relevant title V permits permitting authority) after the
program, effective date of the relevant title
V permits program. See CAA section
503(c) and 40 CFR 70.4(b)(11)(i),
71.4(i)(1), 70.5(a)(1)(i) and
71.5(a)(1)(i).
----------------------------------
If a CISWI unit is a major source Then a complete title V application
or is part of a major source, which covers the entire source is
but did not commence operation due not later than 12 months (or
until after the relevant title V earlier if required by the title V
permits program became permitting authority) after the date
effective, the source commences operation. See
CAA section 503(c) and 40 CFR
70.5(a)(1)(i) and 71.5(a)(1)(i).
----------------------------------
[[Page 70651]]
If a CISWI unit is a nonmajor Then a complete title V application
source or is part of a nonmajor \7\ is due not later than 12 months
source, is subject to the CISWI after subpart CCCC was promulgated,
NSPS (subpart CCCC of 40 CFR i.e., December 1, 2001 (or earlier
part 60), and had commenced if required by the title V
operation as of December 1, permitting authority). See CAA
2000, section 503(c) and 40 CFR
70.5(a)(1)(i) and 71.5(a)(1)(i).
----------------------------------
If a CISWI unit is a nonmajor Then a complete title V application
source or is part of a nonmajor \7\ is due not later than 12 months
source, is subject to the CISWI (or earlier if required by the title
NSPS (subpart CCCC of 40 CFR V permitting authority) after the
part 60), but did not commence date the source commences operation.
operation until after December See CAA section 503(c) and 40 CFR
1, 2000, 70.5(a)(1)(i) and 71.5(a)(1)(i).
----------------------------------
If a CISWI unit is a nonmajor Then a complete title V application
source or is part of a nonmajor is due not later than 12 months (or
source, and is subject to an EPA earlier if required by the title V
approved and effective State or permitting authority) after the
Tribal section 111(d)/129 plan, effective date of the EPA approved
State or Tribal section 11(d)/129
plan.\8\ See CAA section 503(c) and
40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i). In no event, however,
can such an existing CISWI unit
submit a complete title V
application after December 1, 2003
and have it be considered timely.
See CAA section 129(e) and 40 CFR
62.14835 of subpart III.
----------------------------------
If a CISWI unit is a nonmajor Then a complete title V application
source or is part of a nonmajor is due not later than 12 months (or
source, and is subject to the earlier if required by the title V
CISWI Federal plan (subpart III permitting authority) after the
of 40 CFR part 62), effective date of 40 CFR part 62,
subpart III. See CAA section 503(c)
and 40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i). In no event, however,
can such an existing CISWI unit
submit a complete title V
application after December 1, 2003
and have it be considered timely.
See CAA section 129(e) and 40 CFR
62.14835 of subpart III.
----------------------------------
If a CISWI unit is required to Then a complete title V application
obtain a title V permit due to is due not later than 12 months (or
triggering more than one of the earlier if required by the title V
applicability criteria listed permitting authority) after the unit
above or in 40 CFR 70.3(a) or triggers the criterion which first
71.3(a), caused the unit to be subject to
title V. See CAA section 503(c) and
40 CFR 70.3(a) and (b), 70.5(a)(1),
71.3(a) and (b) and 71.5(a)(1). In
no event, however, can an existing
CISWI unit submit a complete title V
application after December 1, 2003
and have it be considered timely.
See CAA section 129(e) and 40 CFR
62.14835 of subpart III.
----------------------------------
Reopening Title V Permits
------------------------------------------------------------------------
If a CISWI unit is a major source Then the title V permitting authority
or is part of a major source, is must complete a reopening of the
subject to the CISWI NSPS source's title V permit to
(subpart CCCC of 40 CFR part incorporate the requirements of 40
60), and is covered by a title V CFR part 60, subpart CCCC not later
permit with a remaining permit than June 1, 2002. See CAA section
term of 3 or more years on 502(b)(9); 40 CFR 70.7(f)(1)(i) and
December 1, 2000, 71.7(f)(1)(i).
----------------------------------
If a CISWI unit is a major source Then the title V permitting authority
or is part of a major source, is must complete a reopening of the
subject to an EPA approved and source's title V permit to
effective State or Tribal incorporate the requirements of this
section 111(d)/129 plan for EPA approved and effective section
CISWI units, and is covered by a 111(d)/129 plan not later than 18
title V permit with a remaining months after the effective date of
term of 3 or more years on the this plan. See CAA section
effective date of the EPA 502(b)(9); 40 CFR 70.7(f)(1)(i) and
approved section 111(d)/129 71.7(f)(1)(i).
plan,
----------------------------------
If a CISWI unit is a major source Then the title V permitting authority
or is part of a major source, is must complete a reopening of the
subject to the CISWI Federal source's title V permit to
plan (supbart III of 40 CFR part incorporate the requirements of
62), and is covered by a title V subpart III of 40 CFR part 62 not
permit with a remaining permit later than 18 months after the
term of 3 or more years on the effective date of the CISWI Federal
effective date of this Federal plan. See CAA section 502(b)(9); 40
plan, CFR 70.7(f)(1)(i) and 71.7(f)(1)(i).
----------------------------------
Updating Existing Title V Permit Applications
------------------------------------------------------------------------
If a CISWI unit is subject to the Then the owner or operator must
CISWI NSPS (subpart CCCC of 40 supplement the title V application
CFR part 60), but first became by including the applicable
subject to title V permitting requirements of 40 CFR part 60,
prior to the promulgation of subpart CCCC in accordance with 40
this NSPS, and the owner or CFR 70.5(b) or 71.5(b).
operator of the unit has
submitted a timely and complete
title V permit application, but
the draft title V permit has not
yet been released by the
permitting authority,
----------------------------------
If a CISWI unit is subject to an Then the owner or operator must
EPA approved and effective State supplement the title V application
or Tribal section 111(d)/129 by including the applicable
plan for CISWI units, but first requirements of the approved and
became subject to title V effective section 111(d)/129 plan in
permitting prior to the accordance with 40 CFR 70.5(b) or
effective date of the section 71.5(b).
111(d)/129 plan, and the owner
or operator of the unit has
submitted a timely and complete
title V permit application, but
the draft title V permit has not
yet been released by the
permitting authority,
----------------------------------
[[Page 70652]]
If a CISWI unit is subject to the Then the owner or operator must
CISWI Federal plan (subpart III supplement the title V application
of 40 CFR part 62), but first by including the applicable
became subject to title V requirements of 40 CFR part 62,
permitting prior to the subpart III in accordance with 40
effective date of this Federal CFR 70.5(b) or 71.5(b).
plan, and the owner or operator
of the unit has submitted a
timely and complete title V
permit application, but the
draft title V permit has not yet
been released by the permitting
authority,
------------------------------------------------------------------------
\6\ A title V application from a major source must address all emissions
units at the title V source, not just the section 129 emissions unit.
See 40 CFR 70.3(c)(1) and 71.3(c)(1). (For information on aggregating
emissions units to determine what is a source under title V, see the
definition of major source in 40 CFR 70.2, 71.2, and 63.2.)
\7\ Consistent with 40 CFR 70.3(c)(2) and 71.3(c)(2), a permit
application from a nonmajor title V source is only required to address
the emissions units which caused the source to be subject to title V.
The requirements which trigger the need for the owner or operator of a
nonmajor source to apply for a title V permit are found in 40 CFR
70.3(a) and (b) and 71.3(a) and (b). Permits issued to these nonmajor
sources must include all of the applicable requirements that apply to
the triggering units, e.g., State Implementation Plan requirements,
not just the requirements which caused the source to be subject to
title V. See footnote 2 in Change to Definition of Major
Source rule, November 27, 2001 (66 FR 59161, 59163).
\8\ If a CISWI unit becomes subject to an approved and effective State
or Tribal section 111(d)/129 plan after being subject to an effective
Federal plan, the CISWI unit is still required to file a complete
title V application consistent with the application deadlines for
units subject to the CISWI Federal plan.
?Title V and Delegation of a Federal Plan
During the development of the Federal plan for Hospital/Medical/
Infectious Waste Incinerators (HMIWI), a State agency raised the
question of whether a title V operating permits program could be used
as a mechanism for transferring the authority to implement and enforce
section 111/129 requirements from EPA to State and local agencies. See
``Transfer of Authority'' section of final Federal plan for HMIWI,
August 15, 2000 (65 FR 49868, 49873). The State agency noted that the
proposal for that rulemaking described two mechanisms for transferring
authority to State and local agencies following promulgation of the
Federal plan. Those two mechanisms were: (1) The approval of 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
delegation to a State or Tribe of the authority to implement and
enforce the HMIWI Federal plan. The State asked EPA to recognize the
Title V operating permits program as a third mechanism for transferring
authority to State and local agencies. The commenter said that State
and local agencies implement Title V programs and that Title V permits
must include the requirements of the Federal plan. The commenter
concluded that Title V permitting authorities already have
implementation responsibility for the Federal plan through their Title
V permits programs, regardless of whether the authority to implement
the Federal plan is delegated to the State or local agency.
In its response to the State, the EPA explained why the issuance of
a Title V permit is not equivalent to the approval of a State plan or
delegation of a Federal plan by focusing on situations in which a Title
V permitting authority without delegation of a Federal plan could not
implement and enforce section 111/129 requirements. This situation
would arise any time a Title V permit was not in effect for a source
subject to the section 111/129 Federal plan or where the permit did not
contain the applicable section 111/129 requirements. For example, a
title V source may be allowed to operate without a title V permit for a
number of years in some cases between the time the source first
triggers the requirement to apply for a permit and the issuance of the
permit. The preamble to the final HMIWI Federal plan also noted that a
source with a Title V permit with a permit term less than 3 years is
not required by part 70 to have its permit reopened by a State or Tribe
to include new applicable requirements such as the HMIWI standard.\9\
See 40 CFR 70.7(f)(1)(i).
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\9\ An owner or operator of a source subject to a section 111/
129 Federal plan remains subject to, and must act in compliance
with, section 111/129 requirements and all other applicable
requirements to which the source is subject regardless of whether
these requirements are included in a title V permit. See 40 CFR
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
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In addition to the explanation provided in the preamble to the
final HMIWI Federal plan, there are additional State implementation and
enforcement gaps which would not be addressed by implementing and
enforcing the section 111/129 standard through a Title V permit. The
following is an example of such a gap: Title V permits are not
permanent. With two exceptions, all permits must be renewed at least
every 5 years \10\. Although 40 CFR 70.4(b)(10) requires States to
provide that a permit or the terms and conditions of a permit may not
expire until the permit is renewed, this requirement only applies if a
timely and complete application for a renewal permit has been submitted
by the source, creating a potential gap. In contrast to the example,
the two mechanisms that EPA has identified for transferring authority
ensure that a State or Tribe can implement and enforce the section 111/
129 standards at all times.
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\10\ Under 40 CFR 70.4(b)(3)(iv), permitting authorities are
allowed to issue permits for solid waste incineration units
combusting municipal waste subject to standards under section 129(e)
of the Act for a period not to exceed 12 years, provided that the
permits are reviewed at least every 5 years. Permits with acid rain
provisions must be issued for a fixed term of five years; shorter
terms for such permits are not allowed.
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Legally, delegation of a standard or requirement results in a
delegated State or Tribe standing in for EPA as a matter of Federal
law. This means that obligations a source may have to the EPA under a
federally promulgated standard become obligations to a State (except
for functions that the EPA retains for itself) upon delegation.\11\
Although a State or Tribe may have the authority to incorporate section
111/129 requirements into its title V permits, and implement and
enforce these requirements in these permits without first taking
delegation of the section 111/129 Federal plan, the State or Tribe is
not standing in for EPA as a matter of Federal law in this situation.
Where a State or Tribe does not take delegation of a section 111/129
Federal plan, obligations that a source has to EPA under the Federal
plan continue after a title V permit is issued to the source. As a
result, the EPA continues to maintain that an approved part 70
operating permits program cannot be used as a mechanism to transfer the
authority to implement and enforce the Federal plan from the EPA to a
State or Tribe.
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\11\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------
As mentioned above, a State or Tribe may have the authority under
State or Tribal law to incorporate section 111/129 requirements into
its title V permits, and implement and enforce these requirements in
that context without first taking delegation of the section 111/129
Federal plan.\12\ Some States or
[[Page 70653]]
Tribes, however, may not be able to implement and enforce a section
111/129 standard in a title V permit until the section 111/129 standard
has been delegated. In these situations, a State or Tribe should not
issue a part 70 permit to a source subject to a Federal plan before
taking delegation of the section 111/129 Federal plan.
---------------------------------------------------------------------------
\12\ The EPA interprets the phrase ``assure compliance'' in
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation, or
requirement which must be included in the title V permits the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------
If a State or Tribe can provide an Attorney General's (AG's)
opinion delineating its authority to incorporate section 111/129
requirements into its Title V permits, and then implement and enforce
these requirements through its Title V permits without first taking
delegation of the requirements, then a State or Tribe does not need to
take delegation of the section 111/129 requirements for purposes of
title V permitting.\13\ In practical terms, without approval of a State
or Tribal plan, delegation of a Federal plan, or an adequate AG's
opinion, States and Tribes with approved part 70 permitting programs
open themselves up to potential questions regarding their authority to
issue permits containing section 111/129 requirements, and to assure
compliance with these requirements. Such questions could lead to the
issuance of a notice of deficiency for a State's or Tribe's part 70
program. As a result, prior to a State or Tribal permitting authority
drafting a part 70 permit for a source subject to a section 111/129
Federal plan, the State or Tribe, EPA Regional Office, and source in
question are advised to ensure that delegation of the relevant Federal
plan has taken place or that the permitting authority has provided to
the EPA Regional Office an adequate AG's opinion.
---------------------------------------------------------------------------
\13\ It is important to note that an AG's opinion submitted at
the time of initial title V program approval is sufficient if it
demonstrates that a State or Tribe has adequate authority to
incorporate section 111/129 requirements into its title V permits,
and to implement and enforce these requirements through its title V
permits without delegation.
---------------------------------------------------------------------------
In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a Federal plan, a section 111/129
source subject to the Federal plan in that State must simultaneously
submit to both EPA and the State or Tribe all reports required by the
standard to be submitted to the EPA. Given that these reports are
necessary to implement and enforce the section 111/129 requirements
when they have been included in title V permits, the permitting
authority needs to receive these reports at the same time as the EPA.
In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a Federal plan, EPA Regional
Offices will be responsible for implementing and enforcing section 111/
129 requirements outside of any title V permits. Moreover, in this
situation, EPA Regional Offices will continue to be responsible for
developing progress reports, entering emissions data into the
Aerometric Information Retrieval System (AIRS)/AIRS Facility Subsystem
(AFS), and conducting any other administrative functions required under
this Federal plan or any other section 111/129 Federal plan. See
Section III.J. of this preamble titled ``Progress Reports'; section
II.J. of the proposed Federal plan for HMIWI, July 6, 1999 (64 FR
36426, 36431); 40 CFR 60.25(e), and Appendix D of 40 CFR part 60.
It is important to note that the EPA is not using its authority
under 40 CFR 70.4(i)(3) to request that all States and Tribes which do
not take delegation of this Federal plan submit supplemental AG's
opinions at this time. However, the EPA Regional Offices shall request,
and permitting authorities shall provide, such opinions when the EPA
questions a State's or Tribe's authority to incorporate section 111/129
requirements into a title V permit, and implement and enforce these
requirements in that context without delegation.
Lastly, the EPA would like to correct and clarify the following
sentences from the ``Transfer of Authority'' section of the preamble to
the final HMIWI Federal plan (65 FR 49868, 49873): ``Prior to
delegation, only the EPA will have enforcement authority. In neither
instance does the title V permit status of a source affect the
enforcement responsibility of EPA and the State or Tribal permitting
authorities.'' In situations where a State or Tribe is subject to a
section 111/129 Federal plan and does not take delegation of the
Federal plan, the following applies: Prior to delegation, only EPA can
implement and enforce section 111/129 requirements outside of a title V
permit. Whenever there is a title V permit in effect which includes
section 111/129 requirements, however, EPA and the State or Tribe have
dual authority to implement and enforce the section 111/129
requirements in the title V permit. When a State or Tribe has not taken
delegation of a section 111/129 Federal plan, the previous sentence is
relevant only in situations where a State or Tribe has the authority to
incorporate section 111/129 requirements into title V permits, and to
implement and enforce these requirements in title V permits without
delegation.
VIII. Administrative Requirements
This section addresses the following administrative requirements:
Docket, Public Hearing, Executive Orders 12866, 13132, 13175, 13045,
and 13211, Unfunded Mandates Reform Act, Regulatory Flexibility Act,
Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act, Paperwork Reduction Act, and the National Technology
Transfer and Advancement Act. Since today's rule simply proposes to
implement the CISWI emission guidelines (40 CFR part 60, subpart DDDD)
as promulgated on December 1, 2000, and does not impose any new
requirements, much of the following discussion of administrative
requirements refers to the documentation of applicable administrative
requirements as discussed in the preamble to the rule promulgating the
emission guidelines (65 FR 75338, December 1, 2000).
A. Docket
The docket is intended to be an organized and complete file of the
administrative records compiled by EPA. The docket is a dynamic file
because material is added throughout the rulemaking process. The
docketing system is intended to allow members of the public and
industries involved to readily identify and locate documents so they
can effectively participate in the rulemaking process. Along with
proposed and promulgated standards and their preambles, the contents of
the docket (with limited exceptions) will serve as the record in the
case of judicial review. See section 307(d)(7)(A) of the CAA.
As discussed above, a docket has been prepared for this action
pursuant to the procedural requirements of section 307(d) of the CAA,
42 U.S.C. 7607(d). Supporting information is included in Docket A-2000-
52. Docket number A-94-63 contains the technical support for the final
emission guidelines, 40 CFR part 60, subpart DDDD. Docket A-2000-52
incorporates all of the information in Docket A-94-63.
B. Public Hearing
A public hearing will be held, if requested, to discuss the
proposed standards in accordance with section 307(d)(5) of the CAA.
Persons wishing to make oral presentations on the proposed standards
should contact EPA (see ADDRESSES). If a public hearing is requested
and held, EPA will ask clarifying questions during the oral
[[Page 70654]]
presentation but will not respond to the presentations or comments. To
provide an opportunity for all who may wish to speak, oral
presentations will be limited to 15 minutes each. Any member of the
public may file a written statement on or before January 24, 2003.
Written statements should be addressed to the Air and Radiation Docket
and Information Center (see ADDRESSES), and refer to Docket No. A-2000-
52. Written statements and supporting information will be considered
with equivalent weight as any oral statement and supporting information
subsequently presented at a public hearing, if held. A verbatim
transcript of the hearing and written statements will be placed in the
docket and be available for public inspection and copying, or mailed
upon request, at the Air and Radiation Docket and Information Center
(see ADDRESSES).
C. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, 58 FR 51735 (October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to OMB review and the requirements of the Executive
Order. The 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 impacts 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.
The EPA considered the 2000 emission guidelines to be significant
and the rules were reviewed by OMB in 2000. See 65 FR 75338, December
1, 2000. The Federal plan promulgated today would simply implement the
2000 emission guidelines and does not result in any additional control
requirements or impose any additional costs above those previously
considered during promulgation of the 2000 emission guidelines.
Therefore, this regulatory action is considered ``not significant''
under Executive Order 12866.
D. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires us to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposed rule does not have Federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule establishes emission
limits and other requirements for solid waste incineration units that
are not covered by an EPA-approved and effective State or Tribal plan.
The EPA is required by section 129 of the CAA, 42 U.S.C. 7429, to
establish the standards for such units. This regulation primarily
affects private industry and does not impose significant economic costs
on State or local governments. The standards established by this rule
apply to facilities that operate commercial or industrial solid waste
incineration units located in States that do not have EPA-approved
plans covering such units by the effective date of the promulgated
Federal plan (and the owners or operators of such facilities). The
regulation does not include an express provision preempting State or
local regulations. However, once this Federal plan is in effect,
covered facilities would be subject to the standards established by
this rule, regardless of any less protective State or local regulations
that contain emission limitations for the pollutants addressed by this
rule. To the extent that this might preempt State or local regulations,
it does not significantly affect the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule; and EPA has complied with the requirements of section 4(e), to
the extent that they may be applicable to the regulations, by providing
notice to potentially affected State and local officials through
publication of this rule.
Although section 6 of Executive Order 13132 does not apply to this
rule, EPA consulted with representatives of State and local governments
to enable them to provide meaningful and timely input into the
development of the CISWI emission guidelines. This consultation took
place during the Industrial Combustion Coordinated Rulemaking Federal
Advisory Committee Act committee meetings, where members representing
State and local governments participated in developing recommendations
for our combustion-related rulemakings, including the CISWI emission
guidelines. Additionally, EPA sponsored the Small Communities Outreach
Project, which involved meetings with elected officials and other
government representative to provide them with information about the
CISWI emission guidelines and to solicit their comments. The concerns
raised by representative of State and local governments were considered
during the development of the CISWI emission guidelines.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
The EPA knows of no CISWI units presently owned by Indian tribal
[[Page 70655]]
governments. However, if any exist now or in the future, the rule would
not have tribal implications on these tribal governments as defined by
the Executive Order. This Federal plan simply implements the 2000
emission guidelines. It does not result in any additional control
requirements nor imposes any additional costs above those previously
considered during promulgation of the 2000 emission guidelines. Thus,
the requirements of Executive Order 13175 do not apply.
F. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, (2) concerns an environmental
health or safety risk that EPA has reason to believe may
disproportionately affect children. If the regulatory action meets
these 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 EPA considered.
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 Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. Additionally, this
proposed rule is not economically significant as defined by Executive
Order 12866.
G. Executive Order 13211: Energy Effects
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 F.R. 28355 (May 22, 2001)) because it is not
a significant regulatory action under Executive Order 12866.
H. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and 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, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year.
Before promulgating a rule for which a written statement is needed,
section 205 of the UMRA generally requires us 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 us 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 of why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, EPA must develop under section 203 of the UMRA a small
government agency plan. The plan must provide for notifying potentially
affected small governments, thereby enabling officials of affected
small governments to have meaningful and timely input in the
development of the regulatory proposal with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. The environmental impact analysis for the
emission guidelines estimates the total national annualized cost impact
of this regulatory action at $11.6 million per year (Docket A-94-63).
This proposed Federal plan will apply to only a subset of the units
considered in the environmental impacts analysis for the emission
guidelines. Thus, this rule is not subject to the requirements of
sections 202 and 205 of the UMRA. Additionally, EPA has determined that
this rule contains no regulatory requirements that might significantly
or uniquely affect small governments, because commercial and industrial
units are not likely to be owned by small governments.
I. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act (SBREFA)
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness (SBREFA), 5 U.S.C. 601
et seq., generally requires Federal agencies to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements, unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include businesses, small not-for-profit
enterprises, and small governmental jurisdictions. For purposes of
assessing the impacts of today's rule on small entities, small entity
is defined as: (1) A small business that has less than 500 employees;
(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; and (3) a small organization that is any not-for-
profit enterprise that is independently owned and operated and is not
dominant in its field. The SBA guidelines define a small business based
on number of employees or annual revenues and the size standards vary
from industry to industry. Generally, businesses covered by the North
American Industrial Classification System (NAICS) codes affected by
this rule are considered small if they have less than 500 employees or
less than $5 million in annual sales.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
During the 2000 CISWI emission guidelines rulemaking, EPA
determined that based on the low number of affected small entities in
each individual market, the alternative method of waste disposal
available, and the relatively low control cost, the CISWI emission
guidelines should not generate a significant small business impact on a
substantial number of small entities in the commercial and industrial
sectors. The EPA determined that it was not necessary to prepare a
regulatory flexibility analysis in connection with the final emission
guidelines. The EPA has also determined that the final emission
guidelines would not have a significant economic impact on a
substantial number of small entities (65 FR 75348). This Federal plan
would not establish any new requirements. Therefore, pursuant to the
provisions of 5 U.S.C. 605(b), EPA has determined that this proposed
Federal plan will not have a significant impact on a substantial number
of small entities, and thus a regulatory flexibility analysis is not
required.
[[Page 70656]]
J. Paperwork Reduction Act
The information collection requirements have been submitted for
approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. An information collection request (ICR) document has been prepared
for the emission guidelines (ICR No. 1927.02 for subpart DDDD) and
copies may be obtained from Susan Auby by mail at U.S. Environmental
Protection Agency, Office of Environmental Information; Collection
Strategies Division (2822T); 1200 Pennsylvania Avenue, NW.; Washington,
DC 20460, by e-mail at [email protected], or by calling (202) 566-
1672. Copies may also be downloaded from the internet at http://www.epa.gov/icr.
This ICR reflects the burden estimate for the emission guidelines
which were promulgated in the Federal Register on December 1, 2000. The
burden estimate includes the burden associated with State or Tribal
plans as well as the burden associated with the proposed Federal plan.
Consequently, the burden estimates described below overstate the
information collection burden associated with the Federal plan.
However, upon approval by EPA, a State or Tribal plan becomes Federally
enforceable. Therefore, it is important to estimate the full burden
associated with the State or Tribal plans and the Federal plan. As
State or Tribal plans are approved, the Federal plan burden will
decrease, but the overall burden of the State or Tribal plans and the
Federal plan will remain the same.
The Federal plan contains monitoring, reporting, and recordkeeping
requirements. The information will be used to ensure that the Federal
plan requirements are met on a continuous basis. Records and reports
will be necessary to enable us to identify waste incineration units
that may not be in compliance with the Federal plan requirements. Based
on reported information, EPA would decide which units and what records
or processes should be inspected. The records that owners and operators
of existing CISWI units maintain will indicate to EPA whether personnel
are operating and maintaining control equipment property.
These recordkeeping and reporting requirements are specifically
authorized by section 114 of the CAA (42 U.S.C. 7414). All information
submitted to us for which a claim of confidentiality is made will be
safeguarded according to our policies in 40 CFR part 2, subpart B,
Confidentiality of Business Information.
The estimated average annual burden for the first 3 years after
promulgation of the emission guidelines for industry and the
implementing agency is outlined below.
----------------------------------------------------------------------------------------------------------------
Capital
Affected entity Total hours Labor costs costs O&M costs Total costs
----------------------------------------------------------------------------------------------------------------
Industry....................................... 9,145 $407,067 0 0 $407,067
Implementing agency............................ 1,817 $48,386 0 0 $48,386
----------------------------------------------------------------------------------------------------------------
The EPA expects the Federal plan to affect a maximum of 116 units
over the first 3 years. (Note: This assumes that no State plans are in
effect.) The EPA assumes that 6 existing units will be replaced by 6
new units each year. There are no capital, start-up, or operation and
maintenance costs for existing units during the first 3 years. The
implementing agency would not incur any capital or start-up costs.
Burden means the 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 number for this
proposed rule and for the emissions guidelines which it implements is
2060-0451. The OMB control numbers for our regulations are listed in 40
CFR part 9 and 48 CFR chapter 15.
K. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272) directs EPA to use
voluntary consensus standards in 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, 3A, 3B, 5, 6, 6C, 7, 7A,
7C, 7D, 7E, 9, 10, 10A, 10B, 23, 26A, and 29. Consistent with the
NTTAA, EPA conducted searches to identify voluntary consensus standards
in addition to these EPA methods. No applicable voluntary consensus
standards were identified for EPA Methods 7A, 7D, 9, and 10B. The
search and review results have been documented and are placed in the
Docket No. A-2000-52 for this proposed plan.
This search for emission measurement procedures identified 24
voluntary consensus standards. The EPA determined that 20 of these 24
standards were impractical alternatives to EPA test methods 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 20 methods are discussed below.
The standard, ASTM D3162 (1994) ``Standard Test Method for Carbon
Monoxide in the Atmosphere (Continuous Measurement by Nondispersive
Infrared Spectrometry),'' is impractical as an alternative to EPA
Method 10 in this proposed Federal plan because this ASTM standard,
which is stated to be applicable in the range of 0.5-100 ppm CO, does
not cover the potential range in the plan (up to 157 ppm). Whereas EPA
Method 10 has a range from 20-1000 ppm CO. Also, ASTM D3162 does not
provide a procedure to remove carbon dioxide interference. Therefore,
this ASTM standard is not appropriate for combustion source conditions.
In terms of NDIR instrument performance
[[Page 70657]]
specifications, ASTM D3162 has much higher maximum allowable rise and
fall times (5 minutes) than EPA Method 10 (which has 30 seconds).
However, it should be noted that ASTM D3162 has more quality control
requirements than EPA Method 10 in terms of instrument calibration
procedures, span gas cylinder validation procedures, and operational
checks.
The standard ASTM E1979-98 (1998), ``Standard Practice for
Ultrasonic Extraction of Paint, Dust, Soil, and Air Samples for
Subsequent Determination of Lead,'' is impractical as an alternative to
EPA Method 29 in this proposed Federal plan. This ASTM standard does
not require the use of hydrogen fluoride (HF) as in EPA Method 29 and,
therefore, it 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 this ASTM standard requires cellulose
filters and other probable nonglass fiber media which cannot be
considered equivalent to EPA Method 29.
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 Method 26A. Part 3 of this standard cannot be considered
equivalent to EPA Method 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
Method 26A uses 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.
The following ten methods are impractical alternatives to EPA test
methods 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 and
3B; 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;
ASME C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas
Analyses,'' for EPA Methods 6 and 7; ASTM D1608-98, ``Test Method for
Oxides of Nitrogen in Gaseous Combustion Products (Pheno-Disulfonic
Acid Procedures),'' for EPA Method 7; ISO 7934:1998, ``Stationary
Source Emissions--Determination of the Mass Concentration of Sulfur
Dioxide--Hydrogen Peroxide/Barium Perchlorate/Thorin Method,'' for EPA
Method 6; ISO 11564:1998, ``Stationary Source Emissions--Determination
of the Mass Concentration of Nitrogen Oxides--NEDA
(naphthylethylenediamine)/Photometric Method,'' for EPA Methods 7 and
7C; 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; and 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.
The following seven methods are impractical alternatives to EPA
test methods for the purposes of this Federal plan because they lacked
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; CAN/CSA Z223.1-M1977, ``Method
for the Determination of Particulate Mass Flows in Enclosed Gas
Streams,'' for EPA Method 5; ISO 11632:1998, ``Stationary Source
Emissions--Determination of the Mass Concentration of Sulfur Dioxide--
Ion Chromatography,'' for EPA Method 6; CAN/CSA Z223.24-M1983, ``Method
for the Measurement of Nitric Oxide and Nitrogen Dioxide in Air,'' for
EPA Method 7; 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 24 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: ISO/DIS 12039, ``Stationary
Source Emissions--Determination of Carbon Monoxide, Carbon Dioxide, and
Oxygen--Automated Methods,'' for EPA Method 3A; ASTM Z6449Z, ``Standard
Method for the Determination of Sulfur Dioxide in Stationary Sources,''
for EPA Method 6; ASTM Z6590Z, ``Manual Method for Both Speciated and
Elemental Mercury,'' for EPA Method 29 (portion for mercury only); prEN
13211 (1998), ``Air Quality--Stationary Source Emissions--Determination
of the Concentration of Total Mercury,'' for EPA Method 29 (portion for
mercury only). While EPA is not proposing to include these four
voluntary consensus standards in today's proposed plan, 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 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).
Table 1 of proposed Subpart III lists the EPA testing methods
included in the emission Federal Plan Requirements for Commercial and
Industrial Solid Waste Incinerators. Under 40 CFR 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.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Carbon monoxide,
Metals, Nitrogen dioxide, Particulate matter, Sulfur oxides, Waste
treatment and disposal.
Dated: November 6, 2002.
Christine Todd Whitman,
Administrator.
40 CFR part 62 is proposed to be amended as follows:
[[Page 70658]]
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Amend Sec. 62.13 by adding paragraph (d) to read as follows:
Sec. 62.13 Federal plans.
* * * * *
(d) The substantive requirements of the Commercial and industrial
solid waste incineration units Federal plan are contained in subpart
III of this part. These requirements include emission limits,
compliance schedules, testing, monitoring, and reporting and
recordkeeping requirements.
3. Amend part 62 by adding subpart III to read as follows:
Subpart III--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction on or Before November 30, 1999
Introduction
Sec.
62.14500 What is the purpose of this subpart?
62.14505 What are the principal components of this subpart?
Applicability
62.14510 Am I subject to this subpart?
62.14515 Can my CISWI unit be covered by both a State plan and this
subpart?
62.14520 How do I determine if my CISWI unit is covered by an
approved and effective State or Tribal plan?
62.14521 If my CISWI unit is not listed in the Federal plan
inventory, am I exempt from this subpart?
62.14525 Can my combustion unit be exempt from this subpart?
62.14530 What if I have a chemical recovery unit that is not listed
in Sec. 62.14525(n)?
62.14531 When must I submit any records required pursuant to an
exemption allowed under Sec. 62.14525?
Compliance Schedule and Increments of Progress
62.14535 When must I comply with this subpart if I plan to continue
operation of my CISWI unit?
62.14536 What steps are required to request an extension of the
initial compliance date if I plan to continue operation of my CISWI
unit?
62.14540 When must I complete each increment of progress?
62.14545 What must I include in each notification of achievement of
an increment of progress?
62.14550 When must I submit a notification of achievement of the
first increment of progress?
62.14555 What if I do not meet an increment of progress?
62.14560 How do I comply with the increment of progress for
submittal of a control plan?
62.14565 How do I comply with the increment of progress for
achieving final compliance?
Sec. 62.14570 What must I do if I plan to permanently close my
CISWI unit?
Sec. 62.14575 What must I do if I close my CISWI unit and then
restart it?
Waste Management Plan
62.14580 What is a waste management plan?
62.14585 When must I submit my waste management plan?
62.14590 What should I include in my waste management plan?
Operator Training and Qualification
62.14595 What are the operator training and qualification
requirements?
62.14600 When must the operator training course be completed?
62.14605 How do I obtain my operator qualification?
62.14610 How do I maintain my operator qualification?
62.14615 How do I renew my lapsed operator qualification?
62.14620 What site-specific documentation is required?
62.14625 What if all the qualified operators are temporarily not
accessible?
Emission Limitations and Operating Limits
62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14536 What steps are required to request an extension of the
initial compliance date if I plan to continue operation of my CISWI
unit?
62.14640 What if I do not use a wet scrubber to comply with the
emission limitations?
62.14645 What happens during periods of startup, shutdown, and
malfunction?
Performance Testing
62.14650 How do I conduct the initial and annual performance test?
62.14655 How are the performance test data used?
Initial Compliance Requirements
62.14660 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
62.14665 By what date must I conduct the initial performance test?
Continuous Compliance Requirements
62.14670 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
62.14675 By what date must I conduct the annual performance test?
62.14680 May I conduct performance testing less often?
62.14685 May I conduct a repeat performance test to establish new
operating limits?
Monitoring
62.14690 What monitoring equipment must I install and what
parameters must I monitor?
62.14695 Is there a minimum amount of monitoring data I must obtain?
Recordkeeping and Reporting
62.14700 What records must I keep?
62.14705 Where and in what format must I keep my records?
62.14710 What reports must I submit?
62.14715 When must I submit my waste management plan?
62.14720 What information must I submit following my initial
performance test?
62.14725 When must I submit my annual report?
62.14730 What information must I include in my annual report?
62.14735 What else must I report if I have a deviation from the
operating limits or the emission limitations?
62.14740 What must I include in the deviation report?
62.14745 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
62.14750 Are there any other notifications or reports that I must
submit?
62.14755 In what form can I submit my reports?
62.14760 Can reporting dates be changed?
Air Curtain Incinerators that Burn 100 Percent Wood Wastes and Clean
Lumber
62.14765 What is an air curtain incinerator?
62.14770 When must I achieve final compliance?
62.14795 How do I achieve final compliance?
62.14805 What must I do if I close my air curtain incinerator and
then restart it?
62.14810 What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
62.14815 What are the emission limitations for air curtain
incinerators that burn 100 percent wood wastes and clean lumber?
62.14820 How must I monitor opacity for air curtain incinerators
that burn 100 percent wood wastes and clean lumber?
62.14825 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent wood wastes and clean
lumber?
Title V Requirements
62.14830 Does this subpart require me to obtain an operating permit
under title V of the Clean Air Act?
62.14835 When must I submit a title V permit application for my
existing CISWI unit?
Definitions
62.14840 What definitions must I know?
Tables
Table 1 of Subpart III of Part 62--Emission Limitations
Table 2 of Subpart III of Part 62--Operating Limits for Wet
Scrubbers
Table 3 of Subpart III of Part 62--Toxic Equivalency Factors
Table 4 of Subpart III of Part 62--Summary of Reporting Requirements
[[Page 70659]]
Introduction
Sec. 62.14500 What is the purpose of this subpart?
(a) This subpart establishes emission requirements and compliance
schedules for the control of emissions from commercial and industrial
solid waste incineration (CISWI) units that are not covered by an EPA
approved and currently effective State or Tribal plan. The pollutants
addressed by these emission requirements are listed in Table 1 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.
(b) In this subpart, you means the owner or operator of a CISWI
unit.
Sec. 62.14505 What are the principal components of this subpart?
This subpart contains the eleven major components listed in
paragraphs (a) through (k) of this section.
(a) Increments of progress toward compliance.
(b) Waste management plan.
(c) Operator training and qualification.
(d) Emission limitations and operating limits.
(e) Performance testing.
(f) Initial compliance requirements.
(g) Continuous compliance requirements.
(h) Monitoring.
(i) Recordkeeping and reporting.
(j) Definitions.
(k) Tables.
Applicability
Sec. 62.14510 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a
commercial and industrial solid waste incinerator (CISWI) unit as
defined in Sec. 62.14840 and the CISWI unit meets the criteria
described in paragraphs (a)(1) through (a)(3) of this section.
(1) Construction of your CISWI unit commenced on or before November
30, 1999.
(2) Your CISWI unit is not exempt under Sec. 62.14525.
(3) Your CISWI unit is not regulated by an EPA approved and
currently effective State or Tribal plan, or your CISWI unit is located
in any State whose approved State or Tribal plan is subsequently
vacated in whole or in part.
(b) If you made changes after June 1, 2001 that meet the definition
of modification or reconstruction after promulgation of the final 40
CFR part 60, subpart CCCC (New Source Performance Standards for
Commercial and Industrial Solid Waste Incineration Units), your CISWI
unit is subject to subpart CCCC of 40 CFR part 60 and this subpart no
longer applies to that unit.
(c) If you make physical or operational changes to your existing
CISWI unit primarily to comply with this subpart, then such changes do
not qualify as modifications or reconstructions under subpart CCCC of
40 CFR part 60.
Sec. 62.14515 Can my CISWI unit be covered by both a State plan and
this subpart?
(a) If your CISWI unit is located in a State that does not have an
EPA-approved State plan or your State's plan has not become effective,
this subpart applies to your CISWI unit until EPA approves a State plan
that covers your CISWI unit and that State plan becomes effective.
However, a State may enforce the requirements of a State regulation
while your CISWI unit is still subject to this subpart.
(b) After the EPA approves a State plan covering your CISWI unit,
and after that State plan becomes effective, you will no longer be
subject to this subpart and will only be subject to the approved and
effective State plan.
Sec. 62.14520 How do I determine if my CISWI unit is covered by an
approved and effective State or Tribal plan?
This part (40 CFR part 62) contains a list of State and Tribal
areas with approved Clean Air Act section 111(d) and section 129 plans
along with the effective dates for such plans. The list is published
annually. 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 EPA has approved a State plan covering your unit since
publication of the most recent version of this subpart.
Sec. 62.14521 If my CISWI unit is not listed in the Federal plan
inventory, am I exempt from this subpart?
Not necessarily. Sources subject to this subpart are not limited to
the inventory of sources listed in Docket A-2000-52 for the Federal
plan. If your CISWI units meets the applicability criteria in Sec.
62.14510, this subpart applies to you whether or not your unit is
listed in the Federal plan inventory in the docket.
Sec. 62.14525 Can my combustion unit be exempt from this subpart?
This subpart exempts fifteen types of units described in paragraphs
(a) through (o) of this section except for the requirements specified
in this section and in Sec. 62.14531.
(a) Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste as defined in Sec. 62.14840 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(a)(1) and (2) of this section.
(1) Notify the Administrator that the unit meets these criteria.
(2) Keep records on a calendar quarter basis of the weight of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit.
(b) Agricultural waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
agricultural wastes as defined in Sec. 62.14840 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(b)(1) and (2) of this section.
(1) Notify the Administrator that the unit meets these criteria.
(2) Keep records on a calendar quarter basis of the weight of
agricultural waste burned, and the weight of all other fuels and wastes
burned in the unit.
(c) Municipal waste combustion units. Incineration units that meet
either of the two criteria specified in paragraphs (c)(1) or (2) of
this section.
(1) Units that are regulated under subpart Ea of 40 CFR part 60
(Standards of Performance for Municipal Waste Combustors); subpart Eb
of 40 CFR part 60 (Standards of Performance for Municipal Waste
Combustors for Which Construction is Commenced After September 20,
1994); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance
Times for Large Municipal Waste Combustors Constructed on or Before
September 20, 1994); subpart AAAA of 40 CFR part 60 (Standards of
Performance for New Stationary Sources: Small Municipal Waste
Combustion Units); or subpart BBBB of 40 CFR part 60 (Emission
Guidelines for Existing Stationary Sources: Small Municipal Waste
Combustion Units).
(2) Units that burn greater than 30 percent municipal solid waste
or refuse-derived fuel, as defined in 40 CFR part 60 subpart Ea,
subpart Eb, subpart AAAA, and subpart BBBB, and that have the capacity
to burn less than 35 tons (32 megagrams) per day of municipal solid
waste or refuse-derived fuel, if you meet the two requirements
[[Page 70660]]
in paragraphs (c)(2)(i) and (ii) of this section.
(i) Notify the Administrator that the unit meets these criteria.
(ii) Keep records on a calendar quarter basis of the weight of
municipal solid waste burned, and the weight of all other fuels and
wastes burned in the unit.
(d) Medical waste incineration units. Incineration units regulated
under subpart Ec of 40 CFR part 60 (Standards of Performance for
Hospital/Medical/Infectious Waste Incinerators for Which Construction
is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan
Requirements for Hospital/Medical/Infectious Waste Incinerators
Constructed on or before June 20, 1996).
(e) Small power production facilities. Units that meet the three
requirements specified in paragraphs (e)(1) through (3) of this
section.
(1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
(2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity.
(3) You notify the Administrator that the unit meets all of these
criteria.
(f) Cogeneration facilities. Units that meet the three requirements
specified in paragraphs (f)(1) through (3) of this section.
(1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit burns homogeneous waste (not including 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 meets all of these
criteria.
(g) Hazardous waste combustion units. Units regulated under subpart
EEE of part 63 (National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors).
(h) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(i) Air curtain incinerators. Air curtain incinerators that burn
100 percent wood waste and clean lumber are only required to meet the
requirements under ``Air Curtain Incinerators That Burn 100 Percent
Wood Wastes and Clean Lumber'' (Sec. Sec. 62.14765 through 62.14825)
and the title V operating permit requirements (Sec. Sec. 62.14830 and
62.14835).
(j) Cyclonic barrel burners.
(k) Rack, part, and drum reclamation units.
(l) Cement kilns.
(m) Sewage sludge incinerators. Incineration units regulated under
subpart O of 40 CFR part 60 (Standards of Performance for Sewage
Treatment Plants).
(n) Chemical recovery units. Combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. The seven types of units described in
paragraphs (n)(1) through (7) of this section are considered chemical
recovery units.
(1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process.
(2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid.
(3) Units burning only wood or coal feedstock for the production of
charcoal.
(4) Units burning only manufacturing byproduct streams/residues
containing catalyst metals which are reclaimed and reused as catalysts
or used to produce commercial grade catalysts.
(5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds.
(6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes.
(7) Units burning only photographic film to recover silver.
(o) Laboratory units. Units that burn samples of materials for the
purpose of chemical or physical analysis.
Sec. 62.14530 What if I have a chemical recovery unit that is not
listed in Sec. 62.14525(n)?
(a) If you have a recovery unit that is not listed in Sec.
62.14525(n), you can petition the Administrator to add the unit to the
list. The petition must contain the six items in paragraphs (a)(1)
through (6) of this section.
(1) A description of the source of the materials being burned.
(2) A description of the composition of the materials being burned,
highlighting the chemical constituents in these materials that are
recovered.
(3) A description (including a process flow diagram) of the process
in which the materials are burned, highlighting the type, design, and
operation of the equipment used in this process.
(4) A description (including a process flow diagram) of the
chemical constituent recovery process, highlighting the type, design,
and operation of the equipment used in this process.
(5) A description of the commercial markets for the recovered
chemical constituents and their use.
(6) The composition of the recovered chemical constituents and the
composition of these chemical constituents as they are bought and sold
in commercial markets.
(b) Until the Administrator approves the petition, the incineration
unit is covered by this subpart.
(c) If a petition is approved, the Administrator will amend Sec.
62.14525(n) to add the unit to the list of chemical recovery units.
Sec. 62.14531 When must I submit any records required pursuant to an
exemption allowed under Sec. 62.14525?
Owners or operators of sources that qualify for the exemptions in
Sec. 62.14525(a) through (o) must submit any records required to
support their claims of exemption to the EPA Administrator (or
delegated enforcement authority) upon request. Upon request by any
person under the regulation at part 2 of this chapter (or a comparable
law or regulation governing a delegated enforcement authority), the EPA
Administrator (or delegated enforcement authority) must request the
records in Sec. 62.14525(a) through (o) from an owner or operator and
make such records available to the requestor to the extent required by
part 2 of this chapter (or a comparable law governing a delegated
enforcement authority). Any records required under Sec. 62.14525(a)
through (o) must be maintained by the source for a period of at least 5
years. Notifications of exemption claims required under Sec.
62.14525(a) through (o) of this section must be maintained by the EPA
or delegated enforcement authority for a period of at least 5 years.
Any information obtained from an owner or operator of a source
accompanied by a claim of confidentiality will be treated in accordance
with the regulations in part 2 of this chapter (or a comparable law
governing a delegated enforcement authority).
[[Page 70661]]
Compliance Schedule and Increments of Progress
Sec. 62.14535 When must I comply with this subpart if I plan to
continue operation of my CISWI unit?
If you plan to continue operation of your CISWI unit, then you must
follow the requirements in paragraph (a) or (b) of this section
depending on when you plan to come into compliance with the
requirements of this subpart.
(a) If you plan to continue operation and come into compliance with
the requirements of this subpart by the date one year after
promulgation of the CISWI Federal plan in the Federal Register, then
you must complete the requirements of paragraphs (a)(1) through (a)(5)
of this section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by the date one year after promulgation of the CISWI Federal
plan in the Federal Register.
(2) You must submit a waste management plan no later than the date
six months after promulgation of the CISWI Federal plan in the Federal
Register.
(3) You must achieve final compliance by the date one year after
promulgation of the CISWI Federal plan in the Federal Register. To
achieve final compliance, you must incorporate all process changes and
complete retrofit construction of control devices, as specified in the
final control plan, so that, if the affected CISWI unit is brought
online, all necessary process changes and air pollution control devices
would operate as designed.
(4) You must conduct the initial performance test within 90 days
after the date when you are required to achieve final compliance under
paragraph (a)(3) of this section.
(5) You must submit an initial report including the results of the
initial performance test no later than 60 days following the initial
performance test (see Sec. Sec. 62.14700 through 62.14760 for complete
reporting and recordkeeping requirements).
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart after the date one year after
promulgation of the CISWI Federal plan in the Federal Register, but
before the date two years after promulgation of the CISWI Federal plan
in the Federal Register, you must petition for and be granted an
extension of the final compliance date specified Sec. 62.14535(a)(3)
by meeting the requirements of Sec. 62.14536 and you must meet the
requirements for increments of progress specified in Sec. 62.14540
through Sec. 62.14565. To achieve the final compliance increment of
progress, you must complete the requirements of paragraphs (b)(1)
through (b)(5) of this section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by the date one year after promulgation of the CISWI Federal
plan in the Federal Register.
(2) You must submit a waste management plan no later than the date
six months after promulgation of the CISWI Federal plan in the Federal
Register.
(3) You must achieve final compliance by the date two years after
promulgation of the CISWI Federal plan in the Federal Register. For the
final compliance increment of progress, you must incorporate all
process changes and complete retrofit construction of control devices,
as specified in the final control plan, so that, when the affected
CISWI unit is brought online, all necessary process changes and air
pollution control devices operate as designed.
(4) You must conduct the initial performance test within 90 days
after the date when you are required to achieve final compliance under
paragraph (b)(3) of this section.
(5) You must submit an initial report including the result of the
initial performance no later than 60 days following the initial
performance test (see Sec. Sec. 62.14700 through 62.14760 for complete
reporting and recordkeeping requirements).
Sec. 62.14536 What steps are required to request an extension of the
initial compliance date if I plan to continue operation of my CISWI
unit?
If you plan to continue operation and want to come into compliance
with the requirements of this subpart after the date one year after
promulgation of the CISWI Federal plan in the Federal Register, but
before the date two years after promulgation of the CISWI Federal plan
in the Federal Register, then you must petition to the Administrator to
grant you an extension by following the procedures outlined in
paragraphs (a) and (b) of this section.
(a) You must submit your request for an extension to the EPA
Administrator (or delegated enforcement authority) on or before the
date two months after promulgation of the CISWI Federal plan in the
Federal Register.
(b) Your request must include documentation of the analyses
undertaken to support your need for an extension, including an
explanation of why you are unable to meet the final compliance date
specified in Sec. 62.14535(a)(3) and why your requested extension date
is needed to provide sufficient time for you to design, fabricate, and
install the emissions control systems necessary to meet the
requirements of this subpart. A request based upon the avoidance of
costs of meeting provisions of this Subpart is not acceptable and will
be denied.
Sec. 62.14540 When must I complete each increment of progress?
If you plan to come into compliance after the date one year after
promulgation of the CISWI Federal plan in the Federal Register, you
must meet the two increments of progress specified in paragraphs (a)
and (b) of this section.
(a) Increment 1. Submit a final control plan by the date 6 months
after promulgation of the CISWI Federal plan in the Federal Register.
(b) Increment 2. Reach final compliance by the date 2 years after
promulgation of the CISWI Federal plan in the Federal Register.
Sec. 62.14545 What must I include in each notification of achievement
of an increment of progress?
Your notification of achievement of an increment of progress must
include the four items specified in paragraphs (a) through (d) of this
section.
(a) Notification of the date that the increment of progress has
been achieved.
(b) Any items required to be submitted with each increment of
progress.
(c) Signature of the owner or operator of the CISWI unit.
(d) The date you were required to complete the increment of
progress.
Sec. 62.14550 When must I submit a notification of achievement of the
first increment of progress?
Your notification for achieving the first increment of progress
must be postmarked no later the date ten days after the date that is
six months from the date of promulgation of the CISWI Federal plan in
the Federal Register.
Sec. 62.14555 What if I do not meet an increment of progress?
Failure to meet an increment of progress is a violation of the
standards under this subpart. If you fail to meet an increment of
progress, you must submit a notification to the Administrator
postmarked within 10 business days after the due date for that
increment of progress. You must inform the Administrator that you did
not meet the increment, and you must continue to
[[Page 70662]]
submit reports each subsequent calendar month until the increment of
progress is met.
Sec. 62.14560 How do I comply with the increment of progress for
submittal of a control plan?
For your control plan increment of progress, you must satisfy the
two requirements specified in paragraphs (a) and (b) of this section.
(a) Submit the final control plan that includes the six items
described in paragraphs (a)(1) through (6) of this section.
(1) A description of the devices for air pollution control and
process changes that you will use to comply with the emission
limitations and other requirements of this subpart.
(2) The type(s) of waste to be burned.
(3) The maximum design waste burning capacity.
(4) The anticipated maximum charge rate.
(5) If applicable, the petition for site-specific operating limits
under Sec. 62.14640.
(6) A schedule that includes the date by which you will award the
contracts to procure emission control equipment or related materials,
initiate on-site construction, initiate on-site installation of
emission control equipment, and/or incorporate process changes, and the
date by which you will initiate on-site construction.
(b) Maintain an onsite copy of the final control plan.
Sec. 62.14565 How do I comply with the increment of progress for
achieving final compliance?
For the final compliance increment of progress, you must
incorporate all process changes and complete retrofit construction of
control devices, as specified in the final control plan, so that, when
the affected CISWI unit is brought online, all necessary process
changes and air pollution control devices operate as designed.
Sec. 62.14570 What must I do if I plan to permanently close my CISWI
unit?
If you plan to permanently close your CISWI unit, then you must
follow the requirements in either paragraph (a) or (b) of this section
depending on when you plan to shut down.
(a) If you plan to shut down by the date one year after
promulgation of the CISWI Federal plan in the Federal Register, rather
that come into compliance with the complete set of requirements in this
subpart, then you must shut down by the date one year after
promulgation of the CISWI Federal plan in the Federal Register. You
must meet the title V operating permit requirements of Sec. Sec.
62.14830 and 62.14835 regardless of when you shut down.
(b) If you plan to shut down rather than come into compliance with
the complete set of requirements of this subpart, but are unable to
shut down by the date one year after promulgation of the CISWI Federal
plan in the Federal Register, then you must petition EPA for and be
granted an extension by following the procedures outlined in paragraphs
(b)(1) through (5) of this section.
(1) You must submit your request for an extension to the EPA
Administrator (or delegated enforcement authority) by the date two
months after promulgation of the CISWI Federal plan in the Federal
Register. Your request must include:
(i) Documentation of the analyses undertaken to support your need
for an extension, including an explanation of why your requested
extension date is sufficient time for you to shut down while the date
one year after promulgation of the CISWI Federal plan in the Federal
Register does not provide sufficient time for shut down. A request
based upon the avoidance of costs of meeting provisions of this Subpart
is not acceptable and will be denied. Your documentation must include
an evaluation of the option to transport your waste offsite to a
commercial or municipal waste treatment and/or disposal facility on a
temporary or permanent basis; and
(ii) Documentation of incremental steps of progress, including
dates for completing the increments of progress, that you will take
towards shutting down. Some suggested incremental steps of progress
towards shut down are provided as follows:
------------------------------------------------------------------------
then your increments of progress
If you . . . could be . . .
------------------------------------------------------------------------
(A) Need an extension so you can (1) Date when you will enter into a
install on onsite alternative contract with an alternative
waste treatment technology before treatment technology vendor,
you shut down your CISWI. (2) Date for initiating onsite
construction or installation of the
alternative technology,
(3) Date for completing onsite
construction or installation of the
alternative technology, and
(4) Date for shutting down the
CISWI.
(B) Need an extension so you can (1) Date when price quotes will be
acquire the services of a obtained from commercial disposal
commercial waste disposal company companies,
before you shut down your CISWI. (2) Date when you will enter into a
contract with a commercial disposal
company, and
(3) Date for shutting down the
CISWI.
------------------------------------------------------------------------
(2) You must shut down no later than by the date two years after
promulgation of the CISWI Federal plan in the Federal Register.
(3) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by the date one year after promulgation of the CISWI Federal
plan in the Federal Register.
(4) You must submit a legally binding closure agreement to the
Administrator by the date six months after promulgation of the CISWI
Federal plan in the Federal Register. The closure agreement must
specify the date by which operation will cease. The closure date cannot
be later than the date 2 years after promulgation of the CISWI Federal
plan in the Federal Register.
(5) You must meet the title V operating permit requirements of
Sec. Sec. 62.14830 and 62.14835 regardless of when you shut down.
Sec. 62.14575 What must I do if I close my CISWI unit and then
restart it?
If you temporarily close your CISWI unit and restart the unit for
the purpose of continuing operation of your CISWI unit, then you must
follow the requirements in paragraphs (a), (b), or (c) of this section
depending on when you plan to come into compliance with the
requirements of this subpart. You must meet the title V operating
permit requirements of Sec. Sec. 62.14830 and 62.14835 at the time you
restart your CISWI unit.
(a) If you plan to continue operation and come into compliance with
the requirements of this subpart by the by the date one year after
promulgation of the CISWI Federal plan in the Federal Register, then
you must complete the requirements of Sec. 62.14535(a).
[[Page 70663]]
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart on or before the date two years after
promulgation of the CISWI Federal plan in the Federal Register, then
you must complete the requirements Sec. 62.14535(b). You must have
first requested and been granted an extension from the initial
compliance date by following the requirements of Sec. 62.14536.
(c) If you restart your CISWI unit after the date one year after
promulgation of the CISWI Federal plan in the Federal Register and
resume operation, but have not previously requested an extension by
meeting all of the requirements of Sec. 62.14536, you must meet all of
the requirements of Sec. 62.14535(a)(1) through (a)(5) at the time you
restart your CISWI unit. Upon restarting your CISWI unit, you must have
incorporated all process changes and completed retrofit construction of
control devices so that when the affected CISWI unit is brought online,
all necessary process changes and air pollution control devices operate
as designed.
Waste Management Plan
Sec. 62.14580 What is a waste management plan?
A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.
Sec. 62.14585 When must I submit my waste management plan?
You must submit a waste management plan no later than the date six
months after promulgation of the CISWI Federal plan in the Federal
Register.
Sec. 62.14590 What should I include in my waste management plan?
A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures, and the source must implement those measures considered
practical and feasible, based on the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.
Operator Training and Qualification
Sec. 62.14595 What are the operator training and qualification
requirements?
(a) You must have a fully trained and qualified CISWI unit operator
accessible at all times when the unit is in operation, either at your
facility or able to be at your facility within one hour. The trained
and qualified CISWI unit operator may operate the CISWI unit directly
or be the direct supervisor of one or more other plant personnel who
operate the unit. If all qualified CISWI unit operators are temporarily
not accessible, you must follow the procedures in Sec. 62.14625.
(b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
(c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
(1) Training on the thirteen subjects listed in paragraphs
(c)(1)(i) through (xiii) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors
affecting performance (where applicable).
(vi) Inspection and maintenance of the incinerator and air
pollution control devices.
(vii) Actions to correct malfunctions or conditions that may lead
to malfunction.
(viii) Bottom and fly ash characteristics and handling procedures.
(ix) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
(x) Pollution prevention.
(xi) Waste management practices.
(xii) Recordkeeping requirements.
(xiii) Methods to continuously monitor CISWI unit and air pollution
control device operating parameters and monitoring equipment
calibration procedures (where applicable).
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that can
serve as reference material following completion of the course.
Sec. 62.14600 When must the operator training course be completed?
(a) The operator training course must be completed by the later of
the two dates specified in paragraphs (a)(1) and (2) of this section.
(1) The date one year after promulgation of the CISWI Federal plan
in the Federal Register.
(2) Six months after an employee assumes responsibility for
operating the CISWI unit or assumes responsibility for supervising the
operation of the CISWI unit.
(b) You must follow the requirements in Sec. 63.14625 if all
qualified operators are temporarily not accessible.
Sec. 62.14605 How do I obtain my operator qualification?
(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 62.14595(b) or (c).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 62.14595(c)(2).
Sec. 62.14610 How do I maintain my operator qualification?
To maintain qualification, you must complete an annual review or
refresher course of at least 4 hours covering, at a minimum, the five
topics described in paragraphs (a) through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or conditions that may lead to
malfunction.
(e) Discussion of operating problems encountered by attendees.
Sec. 62.14615 How do I renew my lapsed operator qualification?
You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 62.14610.
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 62.14605(a).
Sec. 62.14620 What site-specific documentation is required?
(a) Documentation must be available at the facility and readily
accessible for all CISWI unit operators that addresses the ten topics
described in paragraphs (a)(1) through (10) of this section. You
[[Page 70664]]
must maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request.
(1) Summary of the applicable standards under this subpart.
(2) Procedures for receiving, handling, and charging waste.
(3) Incinerator startup, shutdown, and malfunction procedures.
(4) Procedures for maintaining proper combustion air supply levels.
(5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
(6) Monitoring procedures for demonstrating compliance with the
incinerator operating limits.
(7) Reporting and recordkeeping procedures.
(8) The waste management plan required under Sec. Sec. 62.14580
through 62.14590.
(9) Procedures for handling ash.
(10) A list of the wastes burned during the performance test.
(b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each employee who operates
your incinerator.
(1) The initial review of the information listed in paragraph (a)
of this section must be conducted by the later of the two dates
specified in paragraphs (b)(1)(i) through (ii) of this section.
(i) The date 1 year after publication of this final rule in the
Federal Register.
(ii) Two months after being assigned to operate the CISWI unit.
(2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted no later than 12 months
following the previous review.
(c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
(1) Records showing the names of all plant personnel who operate
your CISWI unit who have completed review of the information in Sec.
62.14620(a) as required by Sec. 62.14620(b), including the date of the
initial review and all subsequent annual reviews.
(2) Records showing the names of all plant personnel who operate
your CISWI unit who have completed the operator training requirements
under Sec. 62.14595, met the criteria for qualification under Sec.
62.14605, and maintained or renewed their qualification under Sec.
62.14610 or Sec. 62.14615. Records must include documentation of
training, the dates of the initial refresher training, and the dates of
their qualification and all subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
Sec. 62.14625 What if all the qualified operators are temporarily not
accessible?
If all qualified operators are temporarily not accessible (i.e.,
not at the facility and not able to be at the facility within 1 hour),
you must meet one of the two criteria specified in paragraphs (a) and
(b) of this section, depending on the length of time that a qualified
operator is not accessible.
(a) When all qualified operators are not accessible for more than 8
hours, but less than 2 weeks, the CISWI unit may be operated by other
plant personnel familiar with the operation of the CISWI unit who have
completed a review of the information specified in Sec. 62.14620(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec. 62.14730.
(b) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section.
(1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible.
(2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible and requesting approval from the Administrator to
continue operation of the CISWI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section. If the Administrator notifies
you that your request to continue operation of the CISWI unit is
disapproved, the CISWI unit may continue operation for 90 days, then
must cease operation. Operation of the unit may resume if you meet the
two requirements in paragraphs (b)(2)(i) and (ii) of this section.
(i) A qualified operator is accessible as required under Sec.
62.14595(a).
(ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.
Emission Limitations and Operating Limits
Sec. 62.14630 What emission limitations must I meet and by when?
You must meet the emission limitations specified in Table 1 of this
subpart by the applicable final compliance date for your CISWI unit.
Sec. 62.14635 What operating limits must I meet and by when?
(a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in table 2 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
(1) Maximum charge rate, calculated using one of the two different
procedures in paragraph (a)(1)(i) or (ii), as appropriate.
(i) For continuous and intermittent units, maximum charge rate is
110 percent of the average charge rate measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations.
(ii) For batch units, maximum charge rate is 110 percent of the
daily charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limitations.
(2) Minimum pressure drop across the wet scrubber, which is
calculated as 90 percent of the average pressure drop across the wet
scrubber measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations; or minimum
amperage to the wet scrubber, which is calculated as 90 percent of the
average amperage to the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations.
(3) Minimum scrubber liquor flow rate, which is calculated as 90
percent of the average liquor flow rate at the inlet to the wet
scrubber measured during the most recent performance test demonstrating
compliance with all applicable emission limitations.
(4) Minimum scrubber liquor pH, which is calculated as 90 percent
of the average liquor pH at the inlet to the wet scrubber measured
during the most recent performance test demonstrating compliance with
the hydrogen chloride emission limitation.
(b) You must meet the operating limits established during the
initial performance test on the date the initial performance test is
required or completed (whichever is earlier).
[[Page 70665]]
(c) If you use a fabric filter to comply with the emission
limitations, you must operate each fabric filter system such that the
bag leak detection system alarm does not sound more than 5 percent of
the operating time during any 6-month period. In calculating this
operating time percentage, if inspection of the fabric filter
demonstrates that no corrective action is required, no alarm time is
counted. If corrective action is required, each alarm shall be counted
as a minimum of 1 hour. If you take longer than 1 hour to initiate
corrective action, the alarm time shall be counted as the actual amount
of time taken by you to initiate corrective action.
Sec. 62.14640 What if I do not use a wet scrubber to comply with the
emission limitations?
If you use an air pollution control device other than a wet
scrubber, or limit emissions in some other manner, to comply with the
emission limitations under Sec. 62.14630, you must petition the
Administrator for specific operating limits to be established during
the initial performance test and continuously monitored thereafter. You
must not conduct the initial performance test until after the petition
has been approved by the Administrator. Your petition must include the
five items listed in paragraphs (a) through (e) of this section.
(a) Identification of the specific parameters you propose to use as
additional operating limits.
(b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
(c) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
(d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
(e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
Sec. 62.14645 What happens during periods of startup, shutdown, and
malfunction?
(a) The emission limitations and operating limits apply at all
times except during periods of CISWI unit startup, shutdown, or
malfunction as defined in Sec. 62.14840.
(b) Each malfunction must last no longer than three hours.
Performance Testing
Sec. 62.14650 How do I conduct the initial and annual performance
test?
(a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
(b) You must document that the waste burned during the performance
test is representative of the waste burned under normal operating
conditions by maintaining a log of the quantity of waste burned (as
required in Sec. 62.14700(b)(1)) and the types of waste burned during
the performance test.
(c) All performance tests must be conducted using the minimum run
duration specified in Table 1 of this subpart.
(d) Method 1 of 40 CFR part 60, Appendix A must be used to select
the sampling location and number of traverse points.
(e) Method 3A or 3B of 40 CFR part 60, Appendix A must be used for
gas composition analysis, including measurement of oxygen
concentration. Method 3A or 3B of 40 CFR part 60, Appendix A must be
used simultaneously with each method.
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP25NO02.000
Where:
Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9-7) = 20.9 percent oxygen -7 percent oxygen (defined oxygen
correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis, percent.
(g) You must determine dioxins/furans toxic equivalency by
following the procedures in paragraphs (g)(1) through (3) of this
section.
(1) Measure the concentration of each dioxin/furan tetra- through
octa-congener emitted using EPA Method 23.
(2) For each dioxin/furan congener measured in accordance with
paragraph (g)(1) of this section, multiply the congener concentration
by its corresponding toxic equivalency factor specified in Table 3 of
this subpart.
(3) Sum the products calculated in accordance with paragraph (g)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
Sec. 62.14655 How are the performance test data used?
You use results of performance tests to demonstrate compliance with
the emission limitations in Table 1 of this subpart.
Initial Compliance Requirements
Sec. 62.14660 How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?
You must conduct an initial performance test, as required under 40
CFR 60.8, to determine compliance with the emission limitations in
Table 1 of this subpart and to establish operating limits using the
procedure in Sec. 62.14635 or Sec. 62.14640. The initial performance
test must be conducted using the test methods listed in Table 1 of this
subpart and the procedures in Sec. 62.14650.
Sec. 62.14665 By what date must I conduct the initial performance
test?
The initial performance test must be conducted no later than 90
days after your final compliance date.
Continuous Compliance Requirements
Sec. 62.14670 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
(a) You must conduct an annual performance test for particulate
matter, hydrogen chloride, and opacity for each CISWI unit as required
under 40 CFR 60.8 to determine compliance with the emission
limitations. The annual performance test must be conducted using the
test methods listed in Table 1 of this subpart and the procedures in
Sec. 62.14650.
(b) You must continuously monitor the operating parameters
specified in Sec. 62.14635 or established under Sec. 62.14640.
Operation above the established maximum or below the established
minimum operating limits constitutes a deviation from the
[[Page 70666]]
established operating limits. Three-hour rolling average values are
used to determine compliance (except for baghouse leak detection system
alarms) unless a different averaging period is established under Sec.
62.14640. Operating limits do not apply during performance tests.
(c) You must only burn the same types of waste used to establish
operating limits during the performance test.
Sec. 62.14675 By what date must I conduct the annual performance
test?
You must conduct annual performance tests for particulate matter,
hydrogen chloride, and opacity within 12 months following the initial
performance test. Conduct subsequent annual performance tests within 12
months following the previous one.
Sec. 62.14680 May I conduct performance testing less often?
(a) You can test less often for a given pollutant if you have test
data for at least 3 years, and all performance tests for the pollutant
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive
years show that you comply with the emission limitation. In this case,
you do not have to conduct a performance test for that pollutant for
the next 2 years. You must conduct a performance test during the third
year and no later than 36 months following the previous performance
test.
(b) If your CISWI unit continues to meet the emission limitation
for particulate matter, hydrogen chloride, or opacity, you may choose
to conduct performance tests for these pollutants every third year, but
each test must be within 36 months of the previous performance test.
(c) If a performance test shows a deviation from an emission
limitation for particulate matter, hydrogen chloride, or opacity, you
must conduct annual performance tests for that pollutant until all
performance tests over a 3-year period show compliance.
Sec. 62.14685 May I conduct a repeat performance test to establish
new operating limits?
(a) Yes. You may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.
(b) You must repeat the performance test if your feed stream is
different than the feed streams used during any performance test used
to demonstrate compliance.
Monitoring
Sec. 62.14690 What monitoring equipment must I install and what
parameters must I monitor?
(a) If you are using a wet scrubber to comply with the emission
limitation under Sec. 62.14630, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 2 of this subpart at all times except as specified in Sec.
62.14695(a).
(b) If you use a fabric filter to comply with the requirements of
this subpart, you must install, calibrate, maintain, and continuously
operate a bag leak detection system as specified in paragraphs (b)(1)
through (8) of this section.
(1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter.
(2) Each bag leak detection system must be installed, operated,
calibrated, and maintained in a manner consistent with the
manufacturer's written specifications and recommendations.
(3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
(4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings.
(5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
(6) The bag leak detection system must be equipped with an alarm
system that will sound automatically when an increase in relative
particulate matter emissions over a preset level is detected. The alarm
must be located where it is easily heard by plant operating personnel.
(7) For positive pressure fabric filter systems, a bag leak
detection system must be installed in each baghouse compartment or
cell. For negative pressure or induced air fabric filters, the bag leak
detector must be installed downstream of the fabric filter.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(c) If you are using something other than a wet scrubber to comply
with the emission limitations under Sec. 62.14630, you must install,
calibrate (to the manufacturers' specifications), maintain, and operate
the equipment necessary to monitor compliance with the site-specific
operating limits established using the procedures in Sec. 62.14640.
Sec. 62.14695 Is there a minimum amount of monitoring data I must
obtain?
(a) Except for monitoring malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the CISWI unit is operating.
(b) Do not use data recorded during monitor malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.
Recordkeeping and Reporting
Sec. 62.14700 What records must I keep?
You must maintain the 13 items (as applicable) as specified in
paragraphs (a) through (m) of this section for a period of at least 5
years:
(a) Calendar date of each record.
(b) Records of the data described in paragraphs (b)(1) through (6)
of this section:
(1) The CISWI unit charge dates, times, weights, and hourly charge
rates.
(2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
(3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
(4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
(5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec. 62.14640, you must
maintain data collected for all operating parameters used to determine
compliance with the operating limits.
(6) If a fabric filter is used to comply with the emission
limitations, you must record the date, time, and duration of each alarm
and the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
You must also record the percent of
[[Page 70667]]
operating time during each 6-month period that the alarm sounds,
calculated as specified in Sec. 62.14635(c).
(c) Identification of calendar dates and times for which monitoring
systems used to monitor operating limits were inoperative, inactive,
malfunctioning, or out of control (except for downtime associated with
zero and span and other routine calibration checks). Identify the
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
(d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
(e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 2 of this subpart or a
deviation from other operating limits established under Sec. 62.14640
with a description of the deviations, reasons for such deviations, and
a description of corrective actions taken.
(f) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations.
(g) Records showing the names of CISWI unit operators who have
completed review of the information in Sec. 62.14620(a) as required by
Sec. 62.14620(b), including the date of the initial review and all
subsequent annual reviews.
(h) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec. 62.14595, met
the criteria for qualification under Sec. 62.14605, and maintained or
renewed their qualification under Sec. 62.14610 or Sec. 62.14615.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
(i) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
(j) Records of calibration of any monitoring devices as required
under Sec. 62.14690.
(k) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
(l) The information listed in Sec. 62.14620(a).
(m) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required).
Sec. 62.14705 Where and in what format must I keep my records?
All records must be available onsite in either paper copy or
computer-readable format that can be printed upon request, unless an
alternative format is approved by the Administrator.
Sec. 62.14710 What reports must I submit?
See Table 4 of this subpart for a summary of the reporting
requirements.
Sec. 62.14715 When must I submit my waste management plan?
You must submit the waste management plan no later than the date
six months after promulgation of the CISWI Federal plan in the Federal
Register.
Sec. 62.14720 What information must I submit following my initial
performance test?
You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager.
(a) The complete test report for the initial performance test
results obtained under Sec. 62.14660, as applicable.
(b) The values for the site-specific operating limits established
in Sec. 62.14635 or Sec. 62.14640.
(c) If you are using a fabric filter to comply with the emission
limitations, documentation that a bag leak detection system has been
installed and is being operated, calibrated, and maintained as required
by Sec. 62.14690(b).
Sec. 62.14725 When must I submit my annual report?
You must submit an annual report no later than 12 months following
the submission of the information in Sec. 62.14720. You must submit
subsequent reports no more than 12 months following the previous
report. As with all other requirements in this subpart, the requirement
to submit an annual report does not modify or replace the operating
permit requirements of 40 CFR parts 70 and 71.
Sec. 62.14730 What information must I include in my annual report?
The annual report required under Sec. 62.14725 must include the
ten items listed in paragraphs (a) through (j) of this section. If you
have a deviation from the operating limits or the emission limitations,
you must also submit deviation reports as specified in Sec. Sec.
62.14735, 62.14740, and 62.14745.
(a) Company name and address.
(b) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report.
(c) Date of report and beginning and ending dates of the reporting
period.
(d) The values for the operating limits established pursuant to
Sec. 62.14635 or Sec. 62.14640.
(e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the operating limits was inoperative, inactive,
malfunctioning or out of control.
(f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for
the calendar year being reported.
(g) Information recorded under Sec. 62.14700(b)(6) and (c) through
(e) for the calendar year being reported.
(h) If a performance test was conducted during the reporting
period, the results of that test.
(i) If you met the requirements of Sec. 62.14680(a) or (b), and
did not conduct a performance test during the reporting period, you
must state that you met the requirements of Sec. 62.14680(a) or (b),
and, therefore, you were not required to conduct a performance test
during the reporting period.
(j) Documentation of periods when all qualified CISWI unit
operators were unavailable for more than 8 hours, but less than 2
weeks.
Sec. 62.14735 What else must I report if I have a deviation from the
operating limits or the emission limitations?
(a) You must submit a deviation report if any recorded 3-hour
average parameter level is above the maximum operating limit or below
the minimum operating limit established under this subpart, if the bag
leak detection system alarm sounds for more than 5 percent of the
operating time for any 6-month reporting period, or if a performance
test was conducted that deviated from any emission limitation.
(b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).
Sec. 62.14740 What must I include in the deviation report?
In each report required under Sec. 62.14735, for any pollutant or
[[Page 70668]]
parameter that deviated from the emission limitations or operating
limits specified in this subpart, include the six items described in
paragraphs (a) through (f) of this section.
(a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
(b) The averaged and recorded data for those dates.
(c) Duration and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
(d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
(e) The dates, times, number, duration, and causes for monitoring
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
(f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.
Sec. 62.14745 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
(a) If all qualified operators are not accessible for two weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
(1) Within ten days of each deviation, you must submit a
notification that includes the three items in paragraphs (a)(1)(i)
through (iii) of this section.
(i) A statement of what caused the deviation.
(ii) A description of what you are doing to ensure that a qualified
operator is accessible.
(iii) The date when you anticipate that a qualified operator will
be available.
(2) Submit a status report to the Administrator every 4 weeks that
includes the three items in paragraphs (a)(2)(i) through (iii) of this
section.
(i) A description of what you are doing to ensure that a qualified
operator is accessible.
(ii) The date when you anticipate that a qualified operator will be
accessible.
(iii) Request approval from the Administrator to continue operation
of the CISWI unit.
(b) If your unit was shut down by the Administrator, under the
provisions of Sec. 62.14625(b)(2), due to a failure to provide an
accessible qualified operator, you must notify the Administrator that
you are resuming operation once a qualified operator is accessible.
Sec. 62.14750 Are there any other notifications or reports that I
must submit?
Yes. You must submit notifications as provided by 40 CFR 60.7.
Sec. 62.14755 In what form can I submit my reports?
Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.
Sec. 62.14760 Can reporting dates be changed?
If the Administrator agrees, you may change the semiannual or
annual reporting dates. See 40 CFR 60.19(c) for procedures to seek
approval to change your reporting date.
Air Curtain Incinerators that Burn 100 Percent Wood Wastes and Clean
Lumber
Sec. 62.14765 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. (Air curtain
incinerators are different from conventional combustion devices which
typically have enclosed fireboxes and controlled air technology such as
mass burn, modular, and fluidized bed combustors.)
Sec. 62.14770 When must I achieve final compliance?
If you plan to continue operating, then you must achieve final
compliance by the date one year after promulgation of the CISWI Federal
plan in the Federal Register. It is unlawful for your air curtain
incinerator to operate after the date one year after promulgation of
the CISWI Federal plan in the Federal Register if you have not achieved
final compliance. An air curtain incinerator that continues to operate
after the date one year after promulgation of the CISWI Federal plan in
the Federal Register without being in compliance is subject to
penalties.
Sec. 62.14795 How do I achieve final compliance?
For the final compliance, you must complete all equipment changes
and retrofit installation control devices so that, when the affected
air curtain incinerator is placed into service, all necessary equipment
and air pollution control devices operate as designed and meet the
opacity limits of Sec. 62.14815.
Sec. 62.14805 What must I do if I close my air curtain incinerator
and then restart it?
(a) If you close your incinerator but will reopen it prior to the
final compliance date in this subpart, you must achieve final
compliance by the date one year after promulgation of the CISWI Federal
plan in the Federal Register.
(b) If you close your incinerator but will restart it after the
date one year after promulgation of the CISWI Federal plan in the
Federal Register, you must have completed any needed emission control
retrofits and meet the opacity limits of Sec. 62.14815 on the date
your incinerator restarts operation.
(c) You must meet the title V operating permit requirements of
Sec. Sec. 62.14830 and 62.14835 at the time you restart your air
curtain incinerator.
Sec. 62.14810 What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
If you plan to permanently close your incinerator rather than
comply with this subpart, you must submit a closure notification,
including the date of closure, to the Administrator by the date by the
180 days after promulgation of the CISWI Federal plan in the Federal
Register. You must meet the title V operating permit requirements of
Sec. Sec. 62.14830 and 62.14835 regardless of when you shut down.
Sec. 62.14815 What are the emission limitations for air curtain
incinerators that burn 100 percent wood wastes and clean lumber?
(a) After the date the initial test for opacity is required or
completed (whichever is earlier), you must meet the limitations in
paragraphs (a)(1) and (2) of this section.
(1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
(2) The opacity limitation 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, and each malfunction must not exceed 3 hours.
Sec. 62.14820 How must I monitor opacity for air curtain incinerators
that burn 100 percent wood wastes and clean lumber?
(a) Use Method 9 of 40 CFR part 60, Appendix A to determine
compliance with the opacity limitation.
(b) Conduct an initial test for opacity as specified in Sec. 60.8
no later than 90 days after the date one year after promulgation of the
CISWI Federal plan in the Federal Register.
(c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.
[[Page 70669]]
Sec. 62.14825 What are the recordkeeping and reporting requirements
for air curtain incinerators that burn 100 percent wood wastes and
clean lumber?
(a) Keep records of results of all initial and annual opacity tests
onsite in either paper copy or electronic format, unless the
Administrator approves another format, for at least 5 years.
(b) Make all records available for submittal to the Administrator
or for an inspector's onsite review.
(c) Submit an initial report no later than 60 days following the
initial opacity test that includes the information specified in
paragraphs (c)(1) and (2) of this section.
(1) The types of materials you plan to combust in your air curtain
incinerator.
(2) The results (each 6-minute average) of the initial opacity
tests.
(d) Submit annual opacity test results within 12 months following
the previous report.
(e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date and keep a copy
onsite for a period of 5 years.
Title V Requirements
Sec. 62.14830 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, you are required to apply
for and obtain a title V operating permit unless you meet the relevant
requirements specified in 40 CFR 62.14525(a)-(h) and (j)-(o) and all of
the requirements specified in 40 CFR 62.14531.
Sec. 62.14835 When must I submit a title V permit application for my
existing CISWI unit?
(a) If your existing CISWI 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 DDDD (December 1, 2003), or by the effective date
of the applicable State, Tribal, or Federal operating permits program,
whichever is later. For any existing CISWI unit not subject to an
earlier application deadline, this final application deadline applies
regardless of when this Federal plan is effective, or when the relevant
State or Tribal section 111(d)/129 plan is approved by EPA and becomes
effective. See sections 129(e), 503(c), 503(d), and 502(a) of the Clean
Air Act.
(b) 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 Clean 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) of the
Clean Air Act; 40 CFR 70.7(b) and 71.7(b).
Definitions
Sec. 62.14840 What definitions must I know?
Terms used but not defined in this subpart are defined in the Clean
Air Act, subparts A and B of part 60 and subpart A of this part 62.
Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or Administrator
of a State Air Pollution Control Agency.
Agricultural waste means vegetative agricultural materials such as
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and
grounds, and other vegetative waste materials generated as a result of
agricultural operations.
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.
(Air curtain incinerators are different from conventional combustion
devices which typically have enclosed fireboxes and controlled air
technology such as mass burn, modular, and fluidized bed combustors.)
Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance, or
other principle to monitor relative particulate matter loadings.
Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
Chemotherapeutic waste means waste material resulting from the
production or use of antineoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
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.
Commercial and industrial solid waste incineration (CISWI) unit
means any combustion device that combusts commercial and industrial
waste, as defined in this subpart. The boundaries of a CISWI unit are
defined as, but not limited to, the commercial or industrial solid
waste fuel feed system, grate system, flue gas system, and bottom ash.
The CISWI unit does not include air pollution control equipment or the
stack. The CISWI unit boundary starts at the commercial and industrial
solid waste hopper (if applicable) and extends through two areas:
(1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber.
(2) 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.
Commercial and industrial waste, for the purposes of this subpart,
means solid waste combusted in an enclosed device using controlled
flame combustion without energy recovery that is a distinct operating
unit of any commercial or industrial facility (including field-erected,
modular, and custom built incineration units operating with starved or
excess air), or solid waste combusted in an air curtain incinerator
without energy recovery that is a distinct operating unit of any
commercial or industrial facility.
Contained gaseous material means gases that are in a container when
that container is combusted.
Cyclonic barrel burner means a combustion device for waste
materials that is attached to a 55 gallon, open-head drum. The device
consists of a lid, which fits onto and encloses the drum, and a blower
that forces combustion air into the drum in a cyclonic manner to
enhance the mixing of waste material and air.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or
[[Page 70670]]
operator qualification and accessibility requirements;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless or whether or not
such failure is permitted by this subpart.
Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
Discard means, for purposes of this subpart and 40 CFR part 60,
subpart DDDD, only, burned in an incineration unit without energy
recovery.
Drum reclamation unit means a unit that burns residues out of drums
(e.g., 55 gallon drums) so that the drums can be reused.
Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
Low-level radioactive waste means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Modification or modified CISWI unit means a CISWI unit you have
changed later than promulgation of the final CISWI emission guidelines
in 40 CFR part 60, subpart DDDD and that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit.
(2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which section 129 or section 111 of the Clean Air Act has
established standards.
Particulate matter means total particulate matter emitted from
CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60,
Appendix A.
Parts reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
Rack reclamation unit means a unit that burns the coatings off
racks used to hold small items for application of a coating. The unit
burns the coating overspray off the rack so the rack can be reused.
Reconstruction means rebuilding a CISWI unit and meeting two
criteria:
(1) The reconstruction begins on or after promulgation of the final
CISWI emission guidelines in 40 CFR part 60, subpart DDDD.
(2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the CISWI unit (not including land) updated to current
costs (current dollars). To determine what systems are within the
boundary of the CISWI unit used to calculate these costs, see the
definition of CISWI 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.
Shutdown means the period of time after all waste has been
combusted in the primary chamber.
Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (86 Stat. 880), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 923). For purposes of this subpart and 40 CFR part 60, subpart
DDDD, only, solid waste does not include the waste burned in the
fifteen types of units described in 40 CFR 60.2555 of subpart DDDD and
Sec. 62.14525 of this subpart.
Standard conditions, when referring to units of measure, means a
temperature of 68[deg]F (20[deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
Startup period means the period of time between the activation of
the system and the first charge to the unit.
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 DDDD.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
(1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
(2) Construction, renovation, or demolition wastes.
(3) Clean lumber.
[[Page 70671]]
Table 1 of Subpart III of Part 62.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
You must meet this
For the air pollutant emission limitation Using this averaging And determining compliance
\a\ time using this method
----------------------------------------------------------------------------------------------------------------
Cadmium............................ 0.004 milligrams per 3-run average (1 hour Performance test (Method 29
dry standard cubic minimum sample time of appendix A of part 60)
meter. per run).
Carbon monoxide.................... 157 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time 10, 10A, or 10B, of
per run). appendix A of part 60)
Dioxins/furans (toxic equivalency 0.41 nanograms per dry 3-run average (4 hour Performance test (Method 23
basis). standard cubic meter. minimum sample time of appendix A of part 60)
per run).
Hydrogen chloride.................. 62 parts per million 3-run average (1 hour Performance test (Method
by dry volume. minimum sample time 26A of appendix A of part
per run). 60)
Lead............................... 0.04 milligrams per 3-run average (1 hour Performance test (Method 29
dry standard cubic minimum sample time of appendix A of part 60)
meter. per run).
Mercury............................ 0.47 milligrams per 3-run average (1 hour Performance test (Method 29
dry standard cubic minimum sample time of appendix A of part 60)
meter. per run).
Opacity............................ 10 percent............ 6-minute averages..... Performance test (Method 9
of appendix A of part 60)
Oxides of nitrogen................. 388 parts per million 3-run average (1 hour Performance test (Methods
by dry volume. minimum sample time average 7, 7A, 7C, 7D, or
per run). 7E of appendix A of part
60)
Particulate matter................. 70 milligrams per dry 3-run average (1 hour Performance test (Method 5
standard cubic meter. minimum sample time or 29 of appendix A of
per run). part 60)
Sulfur dioxide..................... 20 parts per million 3-run average (1 hour Performance test (Method 6
by dry volume. minimum sample time or 6c of appendix A of
per run). part volume 60)
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.
Table 2 of Subpart III of Part 62.--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must And monitor using these minimum frequencies
For these operating parameters establish these ---------------------------------------------------------------
operating limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate................... Maximum charge Continuous........... Every hour........... 1. Daily (batch
rate. units).
2. 3-hour
rolling
(continuous and
intermittent
units).\a\
Pressure drop across the wet Minimum pressure Continuous........... Every 15 minutes..... 3-hour
scrubber or amperage to wet drop or rolling.\a\
scrubber. amperage.
Scrubber liquor flow rate..... Minimum flow Continuous........... Every 15 minutes..... 3-hour
rate. rolling.\a\
Scrubber liquor pH............ Minimum pH...... Continuous........... Every 15 minutes..... 3-hour rolling
\a\
----------------------------------------------------------------------------------------------------------------
\a\ Calculated each hour as the average of the previous 3 operating hours.
Table 3 of Subpart III of Part 62.--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/furan congener equivalency
factor
------------------------------------------------------------------------
A. 2,3,7,8-tetrachlorinated dibenzo-p-dioxin............... 1
B. 12,3,7,8-pentachlorinated dibenzo-p-dioxin.............. 0.5
C. 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............ 0.1
D. 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............ 0.1
E. 12,3,6,7,8-hexachlorinated dibenzo-p-dioxin............. 0.1
F. 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin......... 0.01
G. 0ctachlorinated dibenzo-p-dioxin........................ 0.001
H. 2,3,7,8-tetrachlorinated dibenzofuran................... 0.1
I. 2,3,4,7,8-pentachlorinated dibenzofuran................. 0.5
J.1,2,3,7,8-pentachlorinated dibenzofuran.................. 0.05
K. 1,2,3,4,7,8-hexachlorinated dibenzofuran................ 0.1
L. 1,2,3,6,7,8-hexachlorinated dibenzofuran................ 0.1
M. 1,2,3,7,8,9-hexachlorinated dibenzofuran................ 0.1
N. 2,3,4,6,7,8-hexachlorinated dibenzofuran................ 0.1
O. 1,2,3,4,6,7,8-heptachlorinated dibenzofuran............. 0.01
P. 1,2,3,4,7,8,9-heptachlorinated dibenzofuran............. 0.01
Q. 0ctachlorinated dibenzofuran............................ 0.001
------------------------------------------------------------------------
[[Page 70672]]
Table 4 of Subpart III of Part 62.--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Report Due Date Contents Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan........... No later than the date Waste management plan...... Sec. 62.14715.
6 months after
publication of the
final rule the
Federal Register.
B. Initial Test Report............. No later than 60 days 1. Complete test report for Sec. 62.14720.
following the the initial performance
performance test. test.
2. The values for the site-
specific operating limits.
3. Installation of bag leak
detection systems for
fabric filters.
C. Annual Report................... No later than 12 1. Name and address........ Sec. Sec. 62.14725
months following the 2. Statement and signature and 62.14730
submission of the by responsible official. Subsequent reports
initial test report. 3. Date of report.......... are to be submmitted
Subsequent reports 4. Values for the operating no moer than 12
are to be submitted limits. months following the
no more than 12 5. If no deviations or previous report.
months following the malfunctions were
previous report. reported, a statement that
no deviations occurred
during reporting period.
6. Highest recorded 3-hour
average and the lowest 3-
hour average, as
applicable, for each
operating parameter
recorded for the calendar
year being reported.
7. Information for
deviations or malfunctions
recorded under Sec.
62.14700(b)(6) and (c)
through (e).
8. If a performance test
was conducted during the
reporting period, the
results of the test.
9. If a performance test
was not conducted during
the reporting period, a
statement that the
requirements of Sec.
62.14680(a) or (b) were
met.
10. Documentation of
periods when all qualified
CISWI unit operators were
unavailable for more than
8 hours but less than 2
weeks.
D. Emission Limitation or Operating By August 1 of that 1. Dates and times of Sec. Sec. 62.14735
Limit Deviation Report. year for data deviations. and 62.14740.
collected during the 2. Averaged and recorded
first half of the data for these dates.
calendar year. By 3. Duration and causes for
February 1 of the each deviation and the
following year for corrective actions taken.
data collected during 4. Copy of operating limit
the second half of monitoring data and any
the calendar year. test reports.
5. Dates, times, and causes
for monitor downtime
incidents.
6. Whether each deviation
occurred during a period
of startup, shutdown, or
malfunction.
E. Qualified Operator Deviation Within 10 days of 1. Statement of cause of Sec. 62.14745(a)(1).
Notification. deviation. deviation.
2. Description of efforts
to have an accessible
qualified operator.
3. The date a qualified
operator will be
accessible.
F. Qualified Operator Deviation Every 4 weeks 1. Description of efforts Sec. 62.14745(a)(2).
Status Report. following deviation. to have an accessible
qualified operator.
2. The date a qualified
operator will be
accessible.
3. Request for approval to
continue operation.
G. Qualified Operator Deviation Prior to resuming Notification that you are Sec. 62.14745(b).
Notification of Resumed Operation. operation. resuming operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
[FR Doc. 02-28923 Filed 11-22-02; 8:45 am]
BILLING CODE 6560-50-P