carbon monoxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
4B of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part and the procedures under Sec.  60.13 must be
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for carbon
monoxide is completed or is required to be completed under Sec.
60.2690, compliance with the carbon monoxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, using CEMS outlet data. Except for
CEMS data during startup and shutdown, as defined in this subpart, the
1-hour arithmetic averages must be expressed in parts per million
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data during startup
and shutdown, as defined in this subpart, are not corrected to 7
percent oxygen, and are measured at stack oxygen content. The 1-hour
arithmetic averages must be calculated using the data points required
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
    (q) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain a oxygen analyzer system as
defined in Sec.  60.2875

according to the procedures in paragraphs (q)(1) through (4) of this
section.
    (1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec.  60.2675.
    (2) You must operate the oxygen trim system with the oxygen level
set at the minimum percent oxygen by volume that is established as the
operating limit for oxygen according to paragraph (q)(3) of this
section.
    (3) You must maintain the oxygen level such that it is not below
the lowest hourly average oxygen concentration measured during the most
recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using Equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with design heat input capacities
greater than or equal to 250 MMBtu/hour, you must install, certify,
maintain, and operate a PM CPMS monitoring emissions discharged to the
atmosphere and record the output of the system as specified in
paragraphs (r)(1) through (5) of this section. For other energy
recovery units, you may elect to use PM CPMS operated in accordance
with this section in lieu of using other CMS for monitoring PM
compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber
pressure).
    (1) Install, certify, operate, and maintain your PM CPMS according
to the procedures in your approved site-specific monitoring plan
developed in accordance with Sec.  60.2710(l) and (r)(1)(i) through
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, or beta
attenuation of the exhaust gas or representative exhaust gas sample.
The reportable measurement output from the PM CPMS may be expressed as
milliamps, stack concentration, or other raw data signal.
    (ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations of no greater than 0.5 mg/actual
cubic meter.
    (2) Collect PM CPMS hourly average output data for all energy
recovery unit operating hours. Express the PM CPMS output as millamps,
PM concentration, or other raw data signal value.
    (3) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
operating hours data (e.g., milliamps, PM concentration, raw data
signal).
    70. Section 60.2735 is revised to read as follows:

Sec.  60.2735  Is there a minimum amount of monitoring data I must
obtain?

    For each continuous monitoring system required or optionally
allowed under Sec.  60.2730, you must monitor and collect data
according to this section:
    (a) You must operate the monitoring system and collect data at all
required intervals at all times compliance is required except for
periods of monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  60.2770(o) of this part), and
required monitoring system quality assurance or quality control
activities including, as applicable, calibration checks and required
zero and span adjustments. A monitoring system malfunction is any
sudden, infrequent, not reasonably preventable failure of the
monitoring system to provide valid data. Monitoring system failures
that are caused in part by poor maintenance or careless operation are
not malfunctions. You are required to effect monitoring system repairs
in response to monitoring system malfunctions or out-of-control periods
and to return the monitoring system to operation as expeditiously as
practicable.
    (b) You may not use data recorded during the monitoring system
malfunctions, repairs associated with monitoring system malfunctions or
out-of control periods, or required monitoring system quality assurance
or control activities in calculations used to report emissions or
operating levels. You must use all the data collected during all other
periods in assessing the operation of the control device and associated
control system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions
or out-of-control periods, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments, failure to
collect required data is a deviation of the monitoring requirements.
    71. Section 60.2740 is amended by:
    a. Revising the introductory text.
    b. Revising paragraphs (b)(5) and (e).
    c. Removing and reserving paragraphs (c) and (d).
    d. Adding paragraphs (n) through (u).
    The revisions and additions read as follows:

Sec.  60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (u) of this section for a period
of at least 5 years:
* * * * *
    (b) * * *
    (5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec.  60.2675(d) through (f) or
Sec.  60.2680, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits.
* * * * *
    (e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 3 of this subpart or a
deviation from other operating limits established under Sec.
60.2675(d) through (f) or Sec.  60.2680 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
* * * * *
    (n) Maintain records of the annual air pollution control device
inspections that are required for each CISWI unit subject to the
emissions limits in table 2 of this subpart or tables 6 through 9 of
this subpart, any required maintenance and any repairs not completed
within 10 days of an inspection or the timeframe established by the
state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride
emissions.
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter
continuous emissions monitor outputs.
    (p) Records indicating use of the bypass stack, including dates,
times and durations.

    (q) If you choose to stack test less frequently than annually,
consistent with Sec.  60.2720(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
    (r) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
    (s) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (u) For operating units that combust non-hazardous secondary
materials that have been determined not to be solid waste pursuant to
Sec.  241.3(b)(1), you must keep a record which documents how the
secondary material meets each of the legitimacy criteria. If you
combust a fuel that has been processed from a discarded non-hazardous
secondary material pursuant to Sec.  241.3(b)(4), you must keep records
as to how the operations that produced the fuel satisfies the
definition of processing in Sec.  241.2. If the fuel received a non-
waste determination pursuant to the petition process submitted under
Sec.  241.3(c), you must keep a record that documents how the fuel
satisfies the requirements of the petition process.
    72. Section 60.2770 is amended by revising paragraph (e) and adding
paragraphs (k) through (p) to read as follows:

Sec.  60.2770  What information must I include in my annual report?

* * * * *
    (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.
* * * * *
    (k) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation
that occurs for a CISWI unit for which you are not using a CMS to
comply with the emission or operating limitations in this subpart, the
annual report must contain the following information.
    (1) The total operating time of the CISWI unit at which the
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
    (m) If there were periods during which the continuous monitoring
system, including the CEMS, was out of control as specified in
paragraph (o) of this section, the annual report must contain the
following information for each deviation from an emission or operating
limitation occurring for a CISWI unit for which you are using a
continuous monitoring system to comply with the emission and operating
limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring
system was out-of-control, including start and end dates and hours and
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period.
    (5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the CISWI unit at which the continuous monitoring
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system
certification or audit.
    (12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring
system, including the CEMS, was not out of control as specified in
paragraph (o) of this section, a statement that there were not periods
during which the continuous monitoring system was out of control during
the reporting period.
    (o) A continuous monitoring system is out of control if any of the
following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
    (2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.
    (p) For energy recovery units, include the annual heat input and
average annual heat input rate of all fuels being burned in the unit to
verify which subcategory of energy recovery unit applies.
    73. Section 60.2780 is amended by revising paragraph (c) and
removing paragraphs (e) and (f).

Sec.  60.2780  What must I include in the deviation report?

* * * * *
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits
and your corrective actions.
    (2) Bypass events and your corrective actions.
* * * * *
    74. Section 60.2790 is revised to read as follows:

Sec.  60.2790  Are there any other notifications or reports that I must
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate,
you must provide 30 days prior notice of the effective date of the
waste-to-fuel switch, consistent with Sec.  60.2710(a). The
notification must identify:
    (1) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI
unit is currently combusting and has combusted over the past 6 months,
and the fuel(s) or non-waste materials the unit will commence
combusting;
    (4) The date on which you became subject to the currently
applicable emission limits;
    (5) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (b)(2) and (3) of this section).
    75. Section 60.2795 is revised to read as follows:

Sec.  60.2795  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
    (b) After December 31, 2011, within 60 days after the date of
completing each performance evaluation or performance test, as they are
defined in Sec.  63.2, conducted to demonstrate compliance with this
subpart, the owner or operator of the affected facility must submit the
relative accuracy test audit data and performance test data, except
opacity data, to EPA by successfully submitting the data electronically
to EPA's Central Data Exchange (CDX) by using the Electronic Reporting
Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ert_tool.html).
    76. Section 60.2805 is revised to read as follows:

Sec.  60.2805  Am I required to apply for and obtain a Title V
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator subject to
standards under this subpart must operate pursuant to a permit issued
under Clean Air Act sections 129(e) and Title V.
    77. Section 60.2860 is revised to read as follows:

Sec.  60.2860  What are the emission limitations for air curtain
incinerators?

    After the date the initial stack test is required or completed
(whichever is earlier), you must meet the limitations in paragraphs (a)
and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values), except as described in paragraph (b)
of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values) during the startup period that is
within the first 30 minutes of operation.
    78. Section 60.2870 is amended by revising paragraph (c)(2) to read
as follows:

Sec.  60.2870  What are the recordkeeping and reporting requirements
for air curtain incinerators?

* * * * *
    (c) * * *
    (2) The results (as determined by the average of three 1-hour
blocks consisting of ten 6-minute average opacity values) of the
initial opacity tests.
* * * * *
    79. Section 60.2875 is amended by:
    a. Adding definitions for ``Affirmative defense,'' ``Annual heat
input,'' ``Average annual heat input rate,'' ``Burn-off oven,''
``Bypass stack,'' ``CEMS data during startup and shutdown'', ``Chemical
recovery unit,'' ``Continuous monitoring system,'' ``Energy recovery
unit,'' ``Energy recovery unit designed to burn biomass (Biomass),''
``Energy recovery unit designed to burn coal (Coal),'' ``Energy
recovery unit designed to burn liquid wastes material and gas (Liquid/
gas),'' ``Energy recovery unit designed to burn solid materials
(Solid),'' ``Foundry sand thermal reclamation unit,'' ``Homogeneous
wastes,'' ``Incinerator,'' ``Kiln,'' ``Laboratory analysis unit,''
``Minimum voltage or amperage,'' ``Opacity,'' ``Operating day,''
``Oxygen analyzer system,'' ``Oxygen trim system,'' ``Performance
evaluation,'' ``Performance test,'' ``Process change,'' ``Raw mill,''
``Small remote incinerator,'' ``Soil treatment unit,'' ``Solid waste
incineration unit,'' ``Space heater'' and ``Waste-burning kiln,'' in
alphabetical order.
    b. Revising the definition for ``Commercial and industrial solid
waste incineration (CISWI) unit,'' ``Cyclonic burn barrel'',
``Modification,'' and ``Wet scrubber.''
    c. Removing paragraph (3) of the definition for ``Deviation.''
    d. Removing the definition for ``Agricultural waste,'' ``Commercial
or industrial waste,'' and ``Solid waste.''
    The additions and revisions read as follows:

Sec.  60.2875  What definitions must I know?

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
    Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
    Average annual heat input rate means annual heat input divided by
the hours of operation for the 12 months preceding the compliance
demonstration.
* * * * *
    Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit. A burn-off oven is not an incinerator,
waste-burning kiln, an energy recovery unit or a small, remote
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
* * * * *
    CEMS data during startup and shutdown means carbon monoxide CEMS
data collected during the first 4 hours of operation of energy recovery
unit startup from a cold start and the hour of operation following the
cessation of waste material being fed to the energy recovery unit
during a unit shutdown.
    Chemical recovery unit means 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. A chemical recovery unit is not an
incinerator, waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart. The following seven types of
units 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/residue
containing catalyst metals that 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.
* * * * *
    Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec.  241.2 that have been discarded, and you do not keep and
produce records as required by Sec.  60.2740(u), the material is a
solid waste and the operating unit is a CISWI unit. While not all CISWI
units will include all of the following components, a CISWI unit
includes, but is not limited to, the solid waste feed system, grate
system, flue gas system, waste heat recovery equipment, if any, and
bottom ash system. The CISWI unit does not include air pollution
control equipment or the stack. The CISWI unit boundary starts at the
solid waste hopper (if applicable) and extends through two areas: the
combustion unit flue gas system, which ends immediately after the last
combustion chamber or after the waste heat recovery equipment, if any;
and the combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The CISWI unit includes all ash handling systems connected to
the bottom ash handling system.
* * * * *
    Continuous monitoring system (CMS) means the total equipment,
required under the emission monitoring sections in applicable subparts,
used to sample and condition (if applicable), to analyze, and to
provide a permanent record of emissions or process parameters. A
particulate matter continuous parameter monitoring system (PM CPMS) is
a type of CMS.
* * * * *
    Cyclonic burn barrel means a combustion device for waste materials
that is attached to a 55 gallon, openhead 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. A cyclonic burn barrel is not an
incinerator, waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
    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 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.
* * * * *
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator in 40 CFR part 241) for
energy recovery. Energy recovery units include units that would be
considered boilers and process heaters if they did not combust solid
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an
energy recovery unit that burns solid waste, biomass, and non-coal
solid materials but less than 10 percent coal, on a heat input basis on
an annual average, either alone or in combination with liquid waste,
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy
recovery unit that burns solid waste and at least 10 percent coal on a
heat input basis on an annual average, either alone or in combination
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste material and gas
(Liquid/gas) means an energy recovery unit that burns a liquid waste
with liquid or gaseous fuels not combined with any solid fuel or waste
materials.
    Energy recovery unit designed to burn solid materials (Solid)
includes energy recovery units designed to burn coal and energy
recovery units designed to burn biomass.
* * * * *
    Foundry sand thermal reclamation unit means a type of part
reclamation unit that removes coatings that are on foundry sand. A
foundry sand thermal reclamation unit is not an incinerator, waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
* * * * *
    Homogeneous wastes are stable, consistent in formulation, have
known fuel properties, have a defined origin, have predictable chemical
and physical attributes, and result in consistent combustion
characteristics and have a consistent emissions profile.
    Incinerator means any furnace used in the process of combusting
solid waste (as the term is defined by the Administrator in 40 CFR part
241) for the purpose of reducing the volume of the waste by removing
combustible matter. Incinerator designs include single chamber and two-
chamber.
    Kiln means an oven or furnace, including any associated preheater
or precalciner devices, used for processing a substance by burning,
firing or drying. Kilns include cement kilns that produce clinker by
heating limestone and other materials for subsequent production of
Portland Cement.
    Laboratory analysis unit means units that burn samples of materials
for the purpose of chemical or physical analysis. A laboratory analysis
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
* * * * *
    Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
during the most recent particulate matter or mercury performance test
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has
been changed later than June 1, 2001, and that meets one of two
criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
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 Clean Air Act section 129 or section 111 has established
standards.

    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine
the oxygen content of a gas stream and used to monitor oxygen in the
boiler flue gas or firebox. This definition includes oxygen trim
systems. The source owner or operator is responsible to install,
calibrate, maintain, and operate the oxygen analyzer system in
accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device. A
typical system consists of a flue gas oxygen and/or carbon monoxide
monitor that automatically provides a feedback signal to the combustion
air controller.
* * * * *
    Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
    Process change means a significant permit revision, but only with
respect to those pollutant-specific emission units for which the
proposed permit revision is applicable, including but not limited to a
change in the air pollution control devices used to comply with the
emission limits for the affected CISWI unit (e.g., change in the
sorbent used for activated carbon injection).
* * * * *
    Raw mill means a ball and tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
* * * * *
    Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator in 40 CFR part 241)
and combusts 3 tons per day or less solid waste and is more than 25
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil
treatment unit may be direct-fired or indirect fired. A soil treatment
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
    Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid (as that term is defined by the
Administrator in 40 CFR part 241) waste material from commercial or
industrial establishments or the general public (including single and
multiple residences, hotels and motels). Such term does not include
incinerators or other units required to have a permit under section
3005 of the Solid Waste Disposal Act. The term ``solid waste
incineration unit'' does not include (A) materials recovery facilities
(including primary or secondary smelters) which combust waste for the
primary purpose of recovering metals, (B) qualifying small power
production facilities, as defined in section 3(17)(C) of the Federal
Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration
facilities, as defined in section 3(18)(B) of the Federal Power Act (16
U.S.C. 796(18)(B)), which burn homogeneous waste (such as units which
burn tires or used oil, but not including refuse-derived fuel) for the
production of electric energy or in the case of qualifying cogeneration
facilities which burn homogeneous waste for the production of electric
energy and steam or forms of useful energy (such as heat) which are
used for industrial, commercial, heating or cooling purposes, or (C)
air curtain incinerators provided that such incinerators only burn wood
wastes, yard wastes and clean lumber and that such air curtain
incinerators comply with opacity limitations to be established by the
Administrator by rule.
    Space heater means a usually portable appliance for heating a
relatively small area. A space heater is not an incinerator, waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
* * * * *
    Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator in 40 CFR part 241). A waste-burning kiln does not
include a kiln that is feeding non-hazardous secondary ingredients
exclusively into the cold end of the kiln.
    Wet scrubber means an add-on air pollution control device that uses
an aqueous or alkaline scrubbing liquor to collect particulate matter
(including nonvaporous metals and condensed organics) and/or to absorb
and neutralize acid gases.
* * * * *
    80. Table 1 to Subpart DDDD of Part 60 is revised to read as
follows:

 Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
                        and Compliance Schedules
------------------------------------------------------------------------
 Comply with these increments of progress        By these dates \a\
------------------------------------------------------------------------
Increment 1--Submit final control plan....  (Dates to be specified in
                                             state plan).
Increment 2--Final compliance.............  (Dates to be specified in
                                             state plan).\b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWI units that commenced
  construction on or before November 30, 1999. The date can be no later
  than 3 years after the effective date of approval of a revised state
  plan or [DATE 5 YEARS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE
  IN THE FEDERAL REGISTER] for CISWI units that commenced construction
  on or before June 4, 2010. For small remote incinerators, the date can
  be no later than 3 years after the effective date of approval of a
  revised state plan or March 21, 2016 for small remote incinerator
  CISWI units that commenced construction on or before June 4, 2010.

    81. Table 2 to subpart DDDD is amended by:
    a. Revising the heading.
    b. Revising the entries for ``Hydrogen chloride,'' ``Mercury,''
``Opacity'' and ``Oxides of nitrogen.''
    c. Adding footnotes b and c.

 Table 2 to Subpart DDDD of Part 60-Model Rule--Emission Limitations That Apply Before [Date To Be Specified in
                                                 State Plan] \b\
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).

                                                  * * * * * * *
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                appendix A-8) or ASTM
                                                                                D6784-02 (Reapproved
                                                                                2008).\c\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).

                                                  * * * * * * *
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                A-4).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\b\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
\c\ Incorporated by reference, see Sec.   60.17.

    82. Table 4 of subpart DDDD is amended by revising the column
headings to read as follows:

    Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency
                                 Factors
------------------------------------------------------------------------
        Dioxin/furan isomer                Toxic equivalency factor
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

    83. Table 5 of subpart DDDD is amended by:
    a. Revising the entry for ``Annual Report''.
    b. Revising the entry for ``Emission limitation or operating limit
deviation report''.

                    Table 5 to Subpart DDDD of Part 60--Summary of Reporting Requirement \a\
----------------------------------------------------------------------------------------------------------------
              Report                         Due date                    Contents                 Reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Annual report.....................  No later than 12 months      Name and address.  Sec.  Sec.   60.2765
                                     following the submission    Statement and       and 60.2770.
                                     of the initial test         signature by responsible
                                     report. Subsequent          official.
                                     reports are to be           Date of report...
                                     submitted no more than 12   Values for the
                                     months following the        operating limits..
                                     previous report.            Highest recorded
                                                                 3-hour average and the
                                                                 lowest 3-hour average, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the calendar
                                                                 year being reported..
                                                                 If a performance
                                                                 test was conducted during
                                                                 the reporting period, the
                                                                 results of the test.
                                                                 If a performance
                                                                 test was not conducted
                                                                 during the reporting
                                                                 period, a statement that
                                                                 the requirements of Sec.
                                                                  60.2720(a) were met.

                                                                 Documentation of
                                                                 periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more than
                                                                 8 hours but less than 2
                                                                 weeks.
                                                                 If you are
                                                                 conducting performance
                                                                 tests once every 3 years
                                                                 consistent with Sec.
                                                                 60.2720(a), the date of
                                                                 the last 2 performance
                                                                 tests, a comparison of
                                                                 the emission level you
                                                                 achieved in the last 2
                                                                 performance tests to the
                                                                 75 percent emission limit
                                                                 threshold required in
                                                                 Sec.   60.2720(a) and a
                                                                 statement as to whether
                                                                 there have been any
                                                                 operational changes since
                                                                 the last performance test
                                                                 that could increase
                                                                 emissions.

                                                  * * * * * * *
Emission limitation or operating    By August 1 of that year     Dates and times    Sec.   60.2775 and
 limit deviation report.             for data collected during   of deviation.               60.2780.
                                     the first half of the       Averaged and
                                     calendar year. By           recorded data for those
                                     February 1 of the           dates..
                                     following year for data     Duration and
                                     collected during the        causes of each deviation
                                     second half of the          and the corrective
                                     calendar year.              actions taken..
                                                                 Copy of operating
                                                                 limit monitoring data and
                                                                 any test reports..
                                                                 Dates, times and
                                                                 causes for monitor
                                                                 downtime incidents..

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

    84. Table 6 to Subpart DDDD is added as follows:

  Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators on and After
                                    [Date To Be Specified in State Plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  36 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4).
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.0036 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.0054 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \b\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\c\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).

Oxides of nitrogen...................  53 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                A-4.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\c\ Incorporated by reference, see Sec.   60.17.

    85. Table 7 of Subpart DDDD is added as follows:

 Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
                                    [Date To Be Specified In State Plan] \a\
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \b\                       Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.00078    3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        2 dry standard      appendix A-8).
                                                      Coal--0.058          cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter..
Carbon monoxide.................  36 parts per        Biomass--490 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--46 parts per   run).               appendix A-4).
                                                       million dry
                                                       volume..
Dioxins/furans (total mass        2.9 nanograms per   Biomass--0.52       3-run average       Performance test
 basis).                           dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter \c\.          1 dry standard      appendix A-7).
                                                      Coal--0.51           cubic meter).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.\c\.
Dioxins/furans (toxic             0.32 nanograms per  Biomass--0.12       3-run average       Performance test
 equivalency basis).               dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.              4 dry standard      appendix A-7).
                                                      Coal--0.075          cubic meters).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.\c\.
Hydrogen chloride...............  14 parts per        0.50 parts per      3-run average (for  Performance test
                                   million dry         million dry         Method 26,          (Method 26 or 26A
                                   volume.             volume.             collect a minimum   at 40 CFR part
                                                                           of 120 liters;      60, appendix A-
                                                                           for Method 26A,     8).
                                                                           collect a minimum
                                                                           volume of 1 dry
                                                                           standard cubic
                                                                           meter).
Lead............................  0.096 milligrams    Biomass--0.0019     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        2 dry standard      appendix A-8).
                                                      Coal--0.0031         cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter..

Mercury.........................  0.031 milligrams    0.0020 milligrams   3-run average (For  Performance test
                                   per dry standard    per dry standard    Method 29 and       (Method 29 or 30B
                                   cubic meter.        cubic meter.        ASTM D6784-02       at 40 CFR part
                                                                           (Reapproved 2008)   60, appendix A-8)
                                                                           \b\, collect a      or ASTM D6784-02
                                                                           minimum volume of   (Reapproved 2008)
                                                                           2 dry standard      \d\.
                                                                           cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume.             minimum sample      at 40 CFR part
                                                      Coal--340 parts      time per run).      60, appendix A-
                                                       per million dry                         4).
                                                       volume..
Particulate matter filterable...  110 milligrams per  Biomass--11         3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter or 30-  1 dry standard      60, appendix A-3
                                                       day rolling         cubic meter).       or appendix A-8)
                                                       average if PM                           if the unit has a
                                                       CEMS is required                        design capacity
                                                       or being used.                          less than or
                                                      Coal--86                                 equal to 250
                                                       milligrams per                          MMBtu/hr; or PM
                                                       dry standard                            CEMS (performance
                                                       cubic meter or 30-                      specification 11
                                                       day rolling                             of appendix B and
                                                       average if PM                           procedure 2 of
                                                       CEMS is required                        appendix F of
                                                       or being used..                         this part) if the
                                                                                unit has a design
                                                                                capacity greater
                                                                                than 250 MMBtu/
                                                                                hr. Use Method 5
                                                                                or 5I of Appendix
                                                                                A of this part
                                                                                and collect a
                                                                                minimum sample
                                                                                volume of 1 dscm
                                                                                for the PM CEMS
                                                                                correlation
                                                                                testing.
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--650 parts      run).               60, appendix A-4.
                                                       per million dry
                                                       volume..
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provision of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or 75 percent of this limit in order to qualify for skip testing.
\d\ Incorporated by reference, see Sec.   60.17.

    86. Table 8 of Subpart DDDD is added as follows:

  Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After
                                    [Date To Be Specified in State Plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00082 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).

Carbon monoxide......................  120 (long kilns)/410     3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  3.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
                                        \c\.                     dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Hydrogen chloride....................  3.0 parts per million    3-run average (collect   Performance test
                                        dry volume \c\.          a minimum volume of 1    (Method 321 at 40 CFR
                                                                 dry standard cubic       part 63, appendix A of
                                                                 meter) or 30-day         this part) or HCL CEMS
                                                                 rolling average if HCL   if a wet scrubber is
                                                                 CEMS is being used.      not used.
Lead.................................  0.0043 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.011 milligrams per     30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                specification 12A or
                                                                                12B, respectively, of
                                                                                appendix B of this
                                                                                part.)
Oxides of nitrogen...................  630 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4). Use a span gas
                                                                                with a concentration
                                                                                of 1000 ppm or less.
Particulate matter filterable........  9.2 milligrams per dry   30-day rolling average.  PM CEMS (performance
                                        standard cubic meter.                             specification 11 of
                                                                                appendix B and
                                                                                procedure 2 of
                                                                                appendix F of this
                                                                                part; Use Method 5 or
                                                                                5I of Appendix A of
                                                                                this part and collect
                                                                                a minimum sample
                                                                                volume of 2 dscm for
                                                                                the PM CEMS
                                                                                correlation testing.).
Sulfur dioxide.......................  830 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters;    CFR part 60, appendix
                                                                 for Method 6C, 1 hour    A-4).
                                                                 minimum sample time
                                                                 per run).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provision of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or 75 percent of this limit in order to qualify for skip testing.

    87. Table 9 of Subpart DDDD is added as follows:

  Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                                 After [Date To Be Specified in State Plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.61 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  8).
Carbon monoxide......................  20 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4).
Dioxins/furans (total mass basis)....  1,200 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Dioxins/furans (toxic equivalency      57 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).

Hydrogen chloride....................  220 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.7 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  8).
Mercury..............................  0.0057 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \b\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008) \c\.
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  240 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  230 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  420 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters     CFR part 60, appendix
                                                                 per run; for Method      A-4).
                                                                 6C, 1 hour minimum
                                                                 sample time per run).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\c\ Incorporated by reference, see Sec.   60.17.

PART 241--SOLID WASTES USED AS FUELS OR INGREDIENTS IN COMBUSTION
UNITS

    88. The authority citation for part 241 continues to read as
follows:

    Authority: 42 U.S.C. 6903, 6912, 7429.

Subpart A--General

    89. Section 241.2 is amended by:
    a. Revising the definition of ``clean cellulosic biomass.''
    b. Revising the definition of ``contaminants.''
    c. Revising the definition of ``established tire collection
programs.''

Sec.  241.2  Definitions.

* * * * *
    Clean cellulosic biomass means those residuals that are akin to
traditional cellulosic biomass, including, but not limited to:
Agricultural and forest-derived biomass (e.g., green wood, forest
thinnings, clean and unadulterated bark, sawdust, trim, tree harvesting
residuals from logging and sawmill materials, hogged fuel, wood
pellets, untreated wood pallets); urban wood (e.g., tree trimmings,
stumps, and related forest-derived biomass from urban settings); corn
stover and other biomass crops used specifically for the production of
cellulosic biofuels (e.g., energy cane, other fast growing grasses,
byproducts of ethanol natural fermentation processes); bagasse and
other crop residues (e.g., peanut shells, vines, orchard trees, hulls,
seeds, spent grains, cotton byproducts, corn and peanut production
residues, rice milling and grain elevator operation residues); wood
collected from forest fire clearance activities, trees and clean wood
found in disaster debris, clean biomass from land clearing operations,
and clean construction and demolition wood. These fuels are not
secondary materials or solid wastes unless discarded. Clean biomass is
biomass that does not contain contaminants at concentrations not
normally associated with virgin biomass materials.
* * * * *
    Contaminants means all pollutants listed in Clean Air Act sections
112(b) and 129(a)(4), with modifications outlined in this definition to
reflect constituents found in non-hazardous secondary materials prior
to combustion. The definition includes the following elemental
contaminants that commonly form Clean Air Act section 112(b) and
129(a)(4) pollutants: Antimony, arsenic, beryllium, cadmium, chlorine,
chromium, cobalt, fluorine, lead, manganese, mercury, nickel, nitrogen,
selenium, and sulfur. The definition does not include the following
Clean Air Act section 112(b) and 129(a)(4) pollutants that are either
unlikely to be found in non-hazardous secondary materials prior to
combustion or are adequately measured by other parts of this
definition: Hydrogen chloride (HCl), chlorine gas (Cl2),
hydrogen fluoride (HF), nitrogen oxides (NOX), sulfur
dioxide (SO2), fine mineral fibers, particulate matter, coke
oven emissions, diazomethane, white phosphorus, titanium tetrachloride,
m-cresol, o-cresol, p-cresol, m-xylene, o-xylene, and p-xylene.
* * * * *

    Established tire collection program means a comprehensive
collection system or contractual arrangement that ensures scrap tires
are not discarded and are handled as valuable commodities through
arrival at the combustion facility.
* * * * *

Subpart B--Identification of Non-Hazardous Secondary Materials that
are Solid Wastes When Used as Fuels or Ingredients in Combustion
Units

    90. Amend 241.3 as follows:
    a. Revise paragraph (a),
    b. Remove and reserve paragraphs (b)(2)(i) and (ii),
    c. Revise paragraph (d)(1)(iii).

Sec.  241.3  Standards and Procedures for Identification of Non-
Hazardous Secondary Materials that are Solid Wastes When Used as Fuels
or Ingredients in Combustion Units.

    (a) Except as provided in paragraph (b) of this section or in
241.4(a) of this subpart, non-hazardous secondary materials that are
combusted are presumed to be solid wastes, unless a petition is
submitted to, and a determination granted by, the Regional
Administrator pursuant to paragraph (c) of this section. The criteria
to be addressed in the petition, as well as the process for making the
non-waste determination, are specified in paragraph (c) of this
section.
* * * * *
    (d) * * *
    (1) * * *
    (iii) The non-hazardous secondary material must contain
contaminants or groups of contaminants at levels comparable in
concentration to or lower than those in traditional fuel(s) which the
combustion unit is designed to burn. In determining which traditional
fuel(s) a unit is designed to burn, persons can choose a traditional
fuel that can be or is burned in the particular type of boiler, whether
or not the combustion unit is permitted to burn that traditional fuel.
In comparing contaminants between traditional fuel(s) and a non-
hazardous secondary material, persons can use ranges of traditional
fuel contaminant levels compiled from national surveys, as well as
contaminant level data from the specific traditional fuel being
replaced. Such comparisons are to be based on a direct comparison of
the contaminant levels in both the non-hazardous secondary material and
traditional fuel(s) prior to combustion.
* * * * *
    91. Add Sec.  241.4 to read as follows:

Sec.  241.4  Non-Waste Determinations for Specific Non-Hazardous
Secondary Materials When Used as a Fuel.

    (a) The following non-hazardous secondary materials are not solid
wastes when used as a fuel in a combustion unit:
    (1) Scrap tires that are not discarded and are managed under the
oversight of established tire collection programs, including tires
removed from vehicles and off-specification tires.
    (2) Resinated wood.
    (b) Any person may submit a rulemaking petition to the
Administrator to identify additional non-hazardous secondary materials
to be listed in paragraph (a) of this section. Contents and procedures
for submittal of the petitions include the following:
    (1) Each petition must be submitted to the Administrator by
certified mail and must include:
    (i) The petitioner's name and address;
    (ii) A statement of the petitioner's interest in the proposed
action;
    (iii) A description of the proposed action, including (where
appropriate) suggested regulatory language; and
    (iv) A statement of the need and justification for the proposed
action, including any supporting tests, studies, or other information.
Where the non-hazardous secondary material does not meet the legitimacy
criteria, the applicant must explain why such non-hazardous secondary
material should be considered a non-waste fuel, balancing the
legitimacy criteria with other relevant factors.
    (2) The Administrator will make a tentative decision to grant or
deny a petition and will publish notice of such tentative decision,
either in the form of an advanced notice of proposed rulemaking, a
proposed rule, or a tentative determination to deny the petition, in
the Federal Register for written public comment.
    (3) Upon the written request of any interested person, the
Administrator may, at its discretion, hold an informal public hearing
to consider oral comments on the tentative decision. A person
requesting a hearing must state the issues to be raised and explain why
written comments would not suffice to communicate the person's views.
The Administrator may in any case decide on its own motion to hold an
informal public hearing.
    (4) After evaluating all public comments the Administrator will
make a final decision by publishing in the Federal Register a
regulatory amendment or a denial of the petition.
    (5) The Administrator will grant or deny a petition based on the
weight of evidence showing the following:
    (i) The non-hazardous secondary material has not been discarded in
the first instance and is legitimately used as a fuel in a combustion
unit, or if discarded, has been sufficiently processed into a material
that is legitimately used as a fuel.
    (ii) Where any one of the legitimacy criteria in section
241.3(d)(1) is not met, that the use of the non-hazardous secondary
material is integrally tied to the industrial production process, that
the non-hazardous secondary material is functionally the same as the
comparable traditional fuel, or other relevant factors as appropriate.

[FR Doc. 2011-31648 Filed 12-22-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Page 26700]
[FR Doc No: 2020-09495]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4510-DR; Docket ID FEMA-2020-0001]

Hawaii; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Hawaii (FEMA-4510-DR), dated April 1, 2020,
and related determinations.

DATE: The declaration was issued April 1, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 1, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Hawaii resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Hawaii.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Robert J. Fenton, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Hawaii have been designated as
adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Hawaii.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09495 Filed 5-4-20; 8:45 am]
 BILLING CODE 9111-23-P