domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material

as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C.
2014).
    Standard conditions, when referring to units of measure, means a
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
    Startup period means the period of time between the activation of
the system and the first charge to the OSWI unit. For batch OSWI,
startup means the period of time between activation of the system and
ignition of the waste.
    Very small municipal waste combustion unit means any municipal
waste combustion unit that has the capacity to combust less than 35
tons per day of municipal solid waste or refuse-derived fuel, as
determined by the calculations in Sec.  60.2975.
    Waste heat recovery means the process of recovering heat from the
combustion flue gases outside of the combustion firebox by convective
heat transfer only.
    Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products
that have been painted, pigment-stained, or pressure treated by
compounds such as chromate copper arsenate, pentachlorophenol, and
creosote, or manufactured wood products that contain adhesives or
resins (e.g., plywood, particle board, flake board, and oriented strand
board).
    Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. Yard waste comes from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.

Tables to Subpart EEEE of Part 60

    As stated in Sec.  60.2915, you must comply with the following:

                            Table 1 to Subpart EEEE of Part 60.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  40 parts per million by  3-run average (1 hour    Method 10, 10A, or 10B
                                        dry volume.              minimum sample time      of appendix A of this
                                                                 per run during           part and CEMS.
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS.\b\
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
                                        standard cubic meter.    minimum sample meter     of this part.
                                                                 time per run).
4. Hydrogen chloride.................  15 parts per million by  3-run average (1 hour     Method 26A of appendix
                                        dry volume.              minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-run average (1 hour    Method 9 of appendix A
                                                                 minimum sample time      of this part.
                                                                 per run).
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                ASME PTC 19.10-1981
                                                                                (IBR, see Sec.
                                                                                60.17(h)) in lieu of
                                                                                Methods 7 and 7C only.
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                19.10-1981 (IBR, see
                                                                                Sec.   60.17(h)) in
                                                                                lieu of Method 6 only.

----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Calculated each hour as the average of the previous 12 operating hours.

    As stated in Sec.  60.2916, you must comply with the following:

            Table 2 to Subpart EEEE of Part 60.--Operating Limits for Incinerators and Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating  parameters    these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                rolling for
                                                                                continuous and
                                                                                intermittent
                                                                                units a.
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling a.
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling a.
4. Scrubber liquor pH...........  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling a.
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.

    As stated in Sec.  60.2940, you must comply with the following:

       Table 3 to Subpart EEEE of Part 60.--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
                                                                                If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
    For the following  pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                ANSI/ASME PTC 19.10-
                                                                                1981 (IBR, see Sec.
                                                                                60.17(h)) in lieu of
                                                                                Method 3B only.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  60.2951, you must comply with the following:

                     Table 4 to Subpart EEEE of Part 60.--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
               Report                       Due date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruction report..........  a. Prior to commencing  i. Statement of intent to    Sec.   60.2952.
                                      construction.           construct;.                 Sec.   60.2952.
                                                             ii. Anticipated date of
                                                              commencement of
                                                              onstruction;.
                                                             iii. Documentation for       Sec.   60.2952.
                                                              siting requirements;
                                                             iv. Waste management plan;   Sec.   60.2952.
                                                              and
                                                             v. Anticipated date of       Sec.   60.2952.
                                                              initial startup.
2. Startup notification............  a. Prior to initial     i. Types of waste to be      Sec.   60.2953.
                                      startup.                burned;                     Sec.   60.2953.
                                                             ii. Maximum design waste
                                                              burning capacity;.
                                                             iii. Anticipated maximum     Sec.   60.2953.
                                                              charge rate;
                                                             iv. If applicable, the       Sec.   60.2953.
                                                              petition for site-specific
                                                              operating limits; and
                                                             v. Anticipated date of       Sec.   60.2953.
                                                              initial startup.
3. Initial test report.............  a. No later than 60     i. Complete test report for  Sec.   60.2954.
                                      days following the      the initial performance     ......................
                                      initial performance     test; and                   Sec.   60.2954.
                                      test.                  ii. The values for the site-
                                                              specific operating limits.
4. Annual report...................  a. No later than 12     i. Company Name and          Sec.  Sec.   60.2955
                                      months following the    address;                     and 60.2956.
                                      submission of the      ...........................  ......................
                                      initial test report.   ii. Statement and signature  Sec.  Sec.   60.2955
                                      Subsequent reports      by the owner or operator;.   and 60.2956.
                                      are to be submitted    iii. Date of report;.......  Sec.  Sec.   60.2955
                                      no more than 12        ...........................   and 60.2956.
                                      months following the   iv. Values for the           ......................
                                      previous report.        operating limits;.          Sec.  Sec.   60.2955
                                                             ...........................   and 60.2956.
                                                             v. If no deviations or       ......................
                                                              malfunctions were           Sec.  Sec.   60.2955
                                                              reported, a statement that   and 60.2956.
                                                              no deviations occurred
                                                              during the reporting
                                                              period;.
                                                             vi. Highest and lowest       Sec.  Sec.   60.2955
                                                              recorded 12-hour averages,   and 60.2956.
                                                              as applicable, for carbon
                                                              monoxide emissions and
                                                              highest and lowest
                                                              recorded 3-hour averages,
                                                              as applicable, for each
                                                              operating parameter
                                                              recorded for the calendar
                                                              year being reported;

                                                             vii. Information for         Sec.  Sec.   60.2955
                                                              deviations or malfunctions   and 60.2956.
                                                              recorded under Sec.
                                                              60.2949(b)(6) and (c)
                                                              through (e);
                                                             viii. If a performance test  Sec.  Sec.   60.2955
                                                              was conducted during the     and 60.2956.
                                                              reporting period, the
                                                              results of the test;
                                                             ix. If a performance test    Sec.  Sec.   60.2955
                                                              was not conducted during     and 60.2956.
                                                              the reporting period, a
                                                              statement that the
                                                              requirements of Sec.
                                                              60.2934 (a) or (b) were
                                                              met; and
                                                             x. Documentation of periods  Sec.  Sec.   60.2955
                                                              when all qualified OSWI      and 60.2956.
                                                              unit operators were
                                                              unavailable for more than
                                                              12 hours but less than 2
                                                              weeks.
5. Emission limitation or operating  a. By August 1 of that  i. Dates and times of        Sec.  Sec.   60.2957
 limit deviation report.              year for data           deviation;                   and 60.2958.
                                      collected during the   ...........................  ......................
                                      first half of the      ii. Averaged and recorded    Sec.  Sec.   60.2957
                                      calendar year. By       data for those dates;.       and 60.2958.
                                      February 1 of the      iii. Duration and causes of  Sec.  Sec.   60.2957
                                      following year for      each deviation and the       and 60.2958.
                                      data collected during   corrective actions taken;.  ......................
                                      the second half of     iv. Copy of operating limit  Sec.  Sec.   60.2957
                                      the calendar year.      monitoring data and any      and 60.2958.
                                                              test reports;.              ......................
                                                             v. Dates, times, and causes  Sec.  Sec.   60.2957
                                                              for monitor downtimes        and 60.2958.
                                                              incidents;.                 ......................
                                                             vi. Whether each deviation   Sec.  Sec.   60.2957
                                                              occurred during a period     and 60.2958.
                                                              of startup, shutdown, or
                                                              malfunction; and.
                                                             vii. Dates, times, and       Sec.  Sec.   60.2957
                                                              durations of any bypass of   and 60.2958.
                                                              the control device.
6. Qualified operator deviation      a. Within 10 days of    i. Statement of cause of     Sec.   60.2959(a)(1).
 notification.                        deviation.              deviation;.                 Sec.   60.2959(a)(1)
                                                             ii. Description of efforts
                                                              to have an accessible
                                                              qualified operator; and.
                                                             iii. The date a qualified    Sec.   60.2959(a)(1).
                                                              operator will be
                                                              accessible.
7. Qualified operation deviation     a. Every 4 weeks        i. Description of efforts    Sec.   60.2959(a)(2).
 status report.                       following deviation.    to have an accessible       ......................
                                                              qualified operator;         Sec.   60.2959(a)(2).
                                                             ii. The date a qualified
                                                              operator will be
                                                              accessible; and.
                                                             iii. Request to continue     Sec.   60.2959(a)(2).
                                                              operation
8. Qualified operator deviation      a. Prior to resuming    i. Notification that you     Sec.   60.2959(b).
 notification of resumed operation.   operation.              are resuming operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.

0
4. Part 60 is amended by adding subpart FFFF to read as follows:
Subpart FFFF--Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004

Introduction

Sec.
60.2980 What is the purpose of this subpart?
60.2981 Am I affected by this subpart?
60.2982 Is a State plan required for all States?
60.2983 What must I include in my State plan?
60.2984 Is there an approval process for my State plan?
60.2985 What if my State plan is not approvable?
60.2986 Is there an approval process for a negative declaration
letter?
60.2987 What compliance schedule must I include in my State plan?
60.2988 Are there any State plan requirements for this subpart that
apply instead of the requirements specified in subpart B of this
part?
60.2989 Does this subpart directly affect incineration unit owners
and operators in my State?
60.2990 What Authorities are withheld by EPA?

Applicability of State Plans

60.2991 What incineration units must I address in my State plan?
60.2992 What is an existing incineration unit?
60.2993 Are any combustion units excluded from my State plan?
60.2994 Are air curtain incinerators regulated under this subpart?

Model Rule--Use of Model Rule

60.2996 What is the purpose of the ``model rule'' in this subpart?
60.2997 How does the model rule relate to the required elements of
my State plan?
60.2998 What are the principal components of the model rule?

Model Rule--Compliance Schedule

60.3000 When must I comply?
60.3001 What must I do if I close my OSWI unit and then restart it?
60.3002 What must I do if I plan to permanently close my OSWI unit
and not restart it?

Model Rule--Waste Management Plan

60.3010 What is a waste management plan?
60.3011 When must I submit my waste management plan?
60.3012 What should I include in my waste management plan?

Model Rule--Operator Training and Qualification

60.3014 What are the operator training and qualification
requirements?
60.3015 When must the operator training course be completed?
60.3016 How do I obtain my operator qualification?
60.3017 How do I maintain my operator qualification?
60.3018 How do I renew my lapsed operator qualification?
60.3019 What site-specific documentation is required?
60.3020 What if all the qualified operators are temporarily not
accessible?

Model Rule--Emission Limitations and Operating Limits

60.3022 What emission limitations must I meet and by when?
60.3023 What operating limits must I meet and by when?
60.3024 What if I do not use a wet scrubber to comply with the
emission limitations?
60.3025 What happens during periods of startup, shutdown, and
malfunction?

Model Rule--Performance Testing

60.3027 How do I conduct the initial and annual performance test?
60.3028 How are the performance test data used?

Model Rule--Initial Compliance Requirements

60.3030 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.3031 By what date must I conduct the initial performance test?

Model Rule--Continuous Compliance Requirements

60.3033 How do I demonstrate continuous compliance with the emission
limitations and the operating limits?
60.3034 By what date must I conduct the annual performance test?
60.3035 May I conduct performance testing less often?
60.3036 May I conduct a repeat performance test to establish new
operating limits?

Model Rule--Monitoring

60.3038 What continuous emission monitoring systems must I install?
60.3039 How do I make sure my continuous emission monitoring systems
are operating correctly?
60.3040 What is my schedule for evaluating continuous emission
monitoring systems?
60.3041 What is the minimum amount of monitoring data I must collect
with my continuous emission monitoring systems, and is the data
collection requirement enforceable?
60.3042 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?
60.3043 What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?
60.3044 Is there a minimum amount of operating parameter monitoring
data I must obtain?

Model Rule--Recordkeeping and Reporting

60.3046 What records must I keep?
60.3047 Where and in what format must I keep my records?
60.3048 What reports must I submit?
60.3049 What information must I submit following my initial
performance test?
60.3050 When must I submit my annual report?
60.3051 What information must I include in my annual report?
60.3052 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.3053 What must I include in the deviation report?
60.3054 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.3055 Are there any other notifications or reports that I must
submit?
60.3056 In what form can I submit my reports?
60.3057 Can reporting dates be changed?

Model Rule--Title V Operating Permits

60.3059 Am I required to apply for and obtain a title V operating
permit for my unit?
60.3060 When must I submit a title V permit application for my
existing unit?

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators
Used in Disaster Recovery

60.3061 What are the requirements for temporary-use incinerators and
air curtain incinerators used in disaster recovery?

Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean
Lumber, and Yard Waste

60.3062 What is an air curtain incinerator?
60.3063 When must I comply if my air curtain incinerator burns only
wood waste, clean lumber, and yard waste?
60.3064 What must I do if I close my air curtain incinerator that
burns only wood waste, clean lumber, and yard waste and then restart
it?
60.3065 What must I do if I plan to permanently close my air curtain
incinerator that burns only wood waste, clean lumber, and yard waste
and not restart it?
60.3066 What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard
waste?
60.3067 How must I monitor opacity for air curtain incinerators that
burn only wood waste, clean lumber, and yard waste?
60.3068 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?
60.3069 Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,
clean lumber, and yard waste?

Model Rule--Equations

60.3076 What equations must I use?

Model Rule--Definitions

60.3078 What definitions must I know?

Tables to Subpart FFFF of Part 60

Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule
Table 2 to Subpart FFFF of Part 60--Model Rule--Emission Limitations
Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits for
Incinerators and Wet Scrubbers
Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for
Continuous Emission Monitoring Systems (CEMS)
Table 5 to Subpart FFFF of Part 60--Model Rule--Summary of Reporting
Requirements a
Subpart FFFF--Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004

Introduction

Sec.  60.2980  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance
schedules for the control of emissions from other solid waste
incineration (OSWI) units. The pollutants addressed by these emission
guidelines are listed in Table 2 of this subpart. These emission
guidelines are developed in accordance with sections 111(d) and 129 of
the Clean Air Act and subpart B of this part.

Sec.  60.2981  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a
State or United States protectorate with one or more existing OSWI
units or air curtain incinerators subject to this subpart as described
in Sec.  60.2994(b) that commenced construction on or before December
9, 2004, you must submit a State plan to the U.S. Environmental
Protection Agency (EPA) that implements the emission guidelines
contained in this subpart.
    (b) You must submit the State plan to EPA by December 18, 2006.

Sec.  60.2982  Is a State plan required for all States?

    No, you are not required to submit a State plan if there are no
existing OSWI units or air curtain incinerators subject to this subpart
as described in Sec.  60.2994(b) in your State and you submit a
negative declaration letter in place of the State plan.

Sec.  60.2983  What must I include in my State plan?

    (a) You must include the following nine items in your State plan:
    (1) Inventory of affected incineration units, including those that
have ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected incineration units in your
State.
    (3) Compliance schedules for each affected incineration unit.
    (4) For each affected incineration unit, emission limitations,
operator training and qualification requirements, a waste management
plan, and operating parameter requirements that are at least as
protective as the emission guidelines contained in this subpart.
    (5) Stack testing, recordkeeping, and reporting requirements.
    (6) Transcript of the public hearing on the State plan.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the
sections 111(d) and 129 in your State plan.
    (b) Your State plan may deviate from the format and content of the
emission guidelines contained in this subpart.

However, if your State plan does deviate, you must demonstrate that
your State plan is at least as protective as the emission guidelines
contained in this subpart. Your State plan must address regulatory
applicability, compliance schedule, operator training and
qualification, a waste management plan, emission limitations, stack
testing, operating parameter requirements, monitoring, recordkeeping
and reporting, and air curtain incinerator requirements.
    (c) You must follow the requirements of subpart B of this part
(Adoption and Submittal of State Plans for Designated Facilities) in
your State plan.

Sec.  60.2984  Is there an approval process for my State plan?

    Yes, EPA will review your State plan according to Sec.  60.27.

Sec.  60.2985  What if my State plan is not approvable?

    If you do not submit an approvable State plan (or a negative
declaration letter) by December 17, 2007, EPA will develop a Federal
plan according to Sec.  60.27 to implement the emission guidelines
contained in this subpart. Owners and operators of incineration units
not covered by an approved State plan must comply with the Federal
plan. The Federal plan is an interim action and applies to units until
a State plan covering those units is approved and becomes effective.

Sec.  60.2986  Is there an approval process for a negative declaration
letter?

    No, EPA has no formal review process for negative declaration
letters. Once we receive your negative declaration letter, we will
place a copy in the public docket and publish a notice in the Federal
Register. If, at a later date, an existing incineration unit is found
in your State, the Federal plan implementing the emission guidelines
contained in this subpart would automatically apply to that unit until
your State plan is approved.

Sec.  60.2987  What compliance schedule must I include in my State
plan?

    Your State plan must include compliance schedules that require OSWI
units and air curtain incinerators subject to this subpart as described
in Sec.  60.2994(b) to achieve final compliance as expeditiously as
practicable after approval of the State plan but not later than the
earlier of the following two dates:
    (a) December 16, 2010.
    (b) Three years after the effective date of State plan approval.

Sec.  60.2988  Are there any State plan requirements for this subpart
that apply instead of the requirements specified in subpart B of this
part?

    Yes, subpart B of this part establishes general requirements for
developing and processing section 111(d) plans. This subpart applies
instead of the requirements in subpart B of this part for the
following:
    (a) State plans developed to implement this subpart must be as
protective as the emission guidelines contained in this subpart. State
plans must require all OSWI units and air curtain incinerators subject
to this subpart as described in Sec.  60.2994(b) to comply by December
16, 2010 or 3 years after the effective date of State plan approval,
whichever is sooner. This applies instead of the option for case-by-
case less stringent emission standards and longer compliance schedules
in Sec.  60.24(f).
    (b) State plans developed to implement this subpart are required to
include only one increment of progress for the affected incineration
units. This increment is the final compliance date in Sec.
60.21(h)(5). This applies instead of the requirement of Sec.
60.24(e)(1).

Sec.  60.2989  Does this subpart directly affect incineration unit
owners and operators in my State?

    (a) No, this subpart does not directly affect incineration unit
owners and operators in your State. However, unit owners and operators
must comply with the State plan you develop to implement the emission
guidelines contained in this subpart.
    (b) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by December 17, 2007,
EPA will implement and enforce a Federal plan, as provided in Sec.
60.2985, to ensure that each unit within your State reaches compliance
with all the provisions of this subpart by December 16, 2010.

Sec.  60.2990  What Authorities are withheld by EPA?

    The following authorities are withheld by EPA and not transferred
to the State, local or tribal agency:
    (1) Approval of alternatives to the emission limitations in Table 2
of this subpart and operating limits established under Sec.  60.3023
and Table 3 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.
60.3024.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec.  60.3020(c)(2).

Applicability of State Plans

Sec.  60.2991  What incineration units must I address in my State plan?

    Your State plan must address all incineration units in your State
that meet all the requirements specified in paragraphs (a) through (c)
of this section.
    (a) The incineration unit is an existing incineration unit as
defined in Sec.  60.2992.
    (b) The incineration unit is an OSWI unit as defined in Sec.
60.3078 or an air curtain incinerator subject to this subpart as
described in Sec.  60.2994(b). OSWI units are very small municipal
waste combustion units and institutional waste incineration units as
defined in Sec.  60.3078.
    (c) The incineration unit is not excluded under Sec.  60.2993.

Sec.  60.2992  What is an existing incineration unit?

    An existing incineration unit is an OSWI unit or air curtain
incinerator subject to this subpart that commenced construction on or
before December 9, 2004, except as provided in paragraph (a) of this
section.
    (a) If the owner or operator of an incineration unit makes changes
that meet the definition of modification or reconstruction on or after
June 16, 2006, the unit becomes subject to subpart EEEE of this part
(New Source Performance Standards for Other Solid Waste Incineration
Units) and the State plan no longer applies to that unit.
    (b) If the owner or operator of an existing incineration unit makes
physical or operational changes to the unit primarily to comply with
the State plan, then subpart EEEE of this part does not apply to that
unit. Such changes do not qualify as modifications or reconstructions
under subpart EEEE of this part.

Sec.  60.2993  Are any combustion units excluded from my State plan?

    This subpart excludes the types of units described in paragraphs
(a) through (q) of this section, as long as the owner/operator meets
the requirements of this section.
    (a) Cement kilns. The unit is excluded if it is regulated under
subpart LLL of part 63 of this chapter (National Emission Standards for
Hazardous Air Pollutants from the Portland Cement Manufacturing
Industry).
    (b) Co-fired combustors. The unit, that would otherwise be
considered a very small municipal waste combustion unit, is excluded if
the owner/operator of the

unit meets the five requirements specified in paragraphs (b)(1) through
(5) of this section.
    (1) Has a Federally enforceable permit limiting the combustion of
municipal solid waste to 30 percent of the total fuel input by weight.
    (2) Notifies the Administrator that the unit qualifies for the
exclusion.
    (3) Provides the Administrator with a copy of the Federally
enforceable permit.
    (4) Records the weights, each calendar quarter, of municipal solid
waste and of all other fuels combusted.
    (5) Keeps each report for 5 years. These records must be kept on
site for at least 2 years, but may be kept off site for the remaining 3
years.
    (c) Cogeneration facilities. The unit is excluded if it meets the
three requirements specified in paragraphs (c)(1) through (3) of this
section.
    (1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes.
    (3) The owner/operator of the unit notifies the Administrator that
the unit meets all of these criteria.
    (d) Commercial and industrial solid waste incineration units. The
unit is excluded if it is regulated under subparts CCCC or DDDD of this
part or subpart III of part 62 and is required to meet the emission
limitations established in those subparts.
    (e) Hazardous waste combustion units. The unit is excluded if it
meets either of the two criteria specified in paragraph (e)(1) or (2)
of this section.
    (1) The owner/operator of the unit is required to get a permit for
the unit under section 3005 of the Solid Waste Disposal Act.
    (2) The unit is regulated under 40 CFR part 63, subpart EEE
(National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. The unit is
excluded if it is regulated under subparts Ce or Ec of this part (New
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators) or subpart HHH of part 62
(Federal Plan for Hospital/Medical/Infectious Waste Incinerators
constructed on or before June 20, 1996).
    (g) Incinerators and air curtain incinerators in isolated areas of
Alaska. The incineration unit is excluded if it is used at a solid
waste disposal site in Alaska that is classified as a Class II or Class
III municipal solid waste landfill, as defined in Sec.  60.3078.
    (h) Rural institutional waste incinerators. The incineration unit
is excluded if it is an institutional waste incinerator, as defined in
Sec.  60.3078, and the application for exclusion described in
paragraphs (h)(1) and (2) of this section has been approved by the
Administrator.
    (1) Prior to 1 year before the final compliance date, an
application and supporting documentation demonstrating that the
institutional waste incineration unit meets the two requirements
specified in paragraphs (h)(1)(i) and (ii) of this section must be
submitted to the Administrator for approval.
    (i) The unit is located more than 50 miles from the boundary of the
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section
must be revised and resubmitted to the Administrator for approval every
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2)
of this section and were denied exclusion by the Administrator, you
have 3 years from the expiration date of the current exclusion to
comply with the emission limits and all other applicable requirements
of this subpart.
    (i) Institutional boilers and process heaters. The unit is excluded
if it is regulated under 40 CFR part 63, subpart DDDDD (National
Emission Standards for Hazardous Air Pollutants for Industrial,
Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. The unit is excluded if it burns
samples of materials only for the purpose of chemical or physical
analysis.
    (k) Materials recovery units. The unit is excluded if it combusts
waste for the primary purpose of recovering metals. Examples include
primary and secondary smelters.
    (l) Pathological waste incineration units. The institutional waste
incineration unit or very small municipal waste combustion unit is
excluded from this subpart if it burns 90 percent or more by weight (on
a calendar quarter basis and excluding the weight of auxiliary fuel and
combustion air) of pathological waste, low-level radioactive waste,
and/or chemotherapeutic waste as defined in Sec.  60.3078 and the
owner/operator of the unit notifies the Administrator that the unit
meets these criteria.
    (m) Small or large municipal waste combustion units. The unit is
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb,
of this part or subparts FFF or JJJ of part 62 and is required to meet
the emission limitations established in those subparts.
    (n) Small power production facilities. The unit is excluded if it
meets the three requirements specified in paragraphs (n)(1) through (3)
of this section.
    (1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity.
    (3) The owner/operator of the unit notifies the Administrator that
the unit meets all of these criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in
disaster recovery. The incineration unit is excluded if it is used on a
temporary basis to combust debris from a disaster or emergency such as
a tornado, hurricane, flood, ice storm, high winds, or act of
bioterrorism and you comply with the requirements in Sec.  60.3061.
    (p) Units that combust contraband or prohibited goods. The
incineration unit is excluded if the unit is owned or operated by a
government agency such as police, customs, agricultural inspection, or
a similar agency to destroy only illegal or prohibited goods such as
illegal drugs, or agricultural food products that can not be
transported into the country or across state lines to prevent
biocontamination. The exclusion does not apply to items either
confiscated or incinerated by private, industrial, or commercial
entities.
    (q) Incinerators used for national security. Your incineration unit
is excluded if it meets the requirements specified in either (q)(1) or
(2) of this section.
    (1) The incineration unit is used solely during military training
field exercises to destroy national security materials integral to the
field exercises.
    (2) The incineration unit is used solely to incinerate national
security materials, its use is necessary to safeguard national
security, you follow the exclusion request requirements in paragraphs
(q)(2)(i) and (ii) of this section, and the Administrator has approved
your request for exclusion.
    (i) The request for exclusion and supporting documentation must
demonstrate both that the incineration unit is used solely to destroy
national

security materials and that a reliable alternative to incineration that
ensures acceptable destruction of national security materials is
unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to the
Administrator prior to 1 year before the final compliance date.

Sec.  60.2994  Are air curtain incinerators regulated under this
subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of
municipal solid waste or air curtain incinerators located at
institutional facilities burning any amount of institutional waste
generated at that facility are subject to all requirements of this
subpart, including the emission limitations specified in Table 2 of
this subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per
day of the materials listed in paragraphs (b)(1) through (4) of this
section collected from the general public and from residential,
commercial, institutional, and industrial sources; or, air curtain
incinerators located at institutional facilities that burn only the
materials listed in paragraphs (b)(1) through (4) of this section
generated at that facility, are required to meet only the requirements
in Sec. Sec.  60.3062 through 60.3069 and are exempt from all other
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Model Rule--Use of Model Rule

Sec.  60.2996  What is the purpose of the ``model rule'' in this
subpart?

    (a) The model rule provides the emission guidelines requirements in
a standard regulation format. You must develop a State plan that is at
least as protective as the model rule. You may use the model rule
language as part of your State plan. Alternative language may be used
in your State plan if you demonstrate that the alternative language is
at least as protective as the model rule contained in this subpart.
    (b) In the ``model rule'' of Sec. Sec.  60.3000 through 60.3078,
``you'' means the owner or operator of an OSWI unit or air curtain
incinerator subject to this subpart.

Sec.  60.2997  How does the model rule relate to the required elements
of my State plan?

    Use the model rule to satisfy the State plan requirements specified
in Sec.  60.2983(a)(4) and (5).

Sec.  60.2998  What are the principal components of the model rule?

    The model rule contains nine major components, as follows:
    (a) Compliance schedule.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.

Model Rule--Compliance Schedule

Sec.  60.3000  When must I comply?

    Table 1 of this subpart specifies the final compliance date. You
must submit a notification to the Administrator stating whether final
compliance has been achieved, postmarked within 10 business days after
the final compliance date in Table 1 of this subpart.

Sec.  60.3001  What must I do if I close my OSWI unit and then restart
it?

    (a) If you close your OSWI unit but will reopen it prior to the
final compliance date in your State plan, you must meet the final
compliance date specified in Table 1 of this subpart.
    (b) If you close your OSWI unit but will restart it after your
final compliance date, you must complete emission control retrofit and
meet the emission limitations on the date your OSWI unit restarts
operation. You must conduct your initial performance test within 30
days of restarting your OSWI unit.

Sec.  60.3002  What must I do if I plan to permanently close my OSWI
unit and not restart it?

    You must close the unit before the final compliance date specified
in Table 1 of this subpart.

Model Rule--Waste Management Plan

Sec.  60.3010  What is a waste management plan?

    A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.

Sec.  60.3011  When must I submit my waste management plan?

    You must submit a waste management plan no later than 60 days
following the initial performance test as specified in Table 5 of this
subpart. Section 60.3031 specifies the date by which you are required
to conduct your performance test.

Sec.  60.3012  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures and implement those measures the source considers practical
and feasible, considering the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.

Model Rule--Operator Training and Qualification

Sec.  60.3014  What are the operator training and qualification
requirements?

    (a) No OSWI unit can be operated unless a fully trained and
qualified OSWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified OSWI
unit operator may operate the OSWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified OSWI unit operators are temporarily not accessible,
you must follow the procedures in Sec.  60.3020.
    (b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 13 subjects listed in paragraphs (c)(1)(i)
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices.
    (vii) Methods to monitor pollutants (including monitoring of
incinerator and control device operating parameters)

and monitoring equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec.  60.3015  When must the operator training course be completed?

    The operator training course must be completed by the latest of the
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date specified in Table 1 of this subpart.
    (b) Six months after your OSWI unit startup.
    (c) Six months after an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.

Sec.  60.3016  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec.  60.3014(c).
    (b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec.  60.3014(c)(2).

Sec.  60.3017  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or
refresher course covering, at a minimum, the five topics described in
paragraphs (a) through (e) of this section.
    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Responses to malfunctions or conditions that may lead to
malfunction.
    (e) Discussion of operating problems encountered by attendees.

Sec.  60.3018  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec.  60.3017.
    (b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec.  60.3016(a).

Sec.  60.3019  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily
accessible for all OSWI unit operators that addresses the nine topics
described in paragraphs (a)(1) through (9) of this section. You must
maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
    (6) Monitoring procedures for demonstrating compliance with the
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  60.3010
through 60.3012.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a)
of this section must be conducted by the latest of three dates
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date specified in Table 1 of this subpart.
    (ii) Six months after your OSWI unit startup.
    (iii) Six months after an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.
    (2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
    (c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have
completed review of the information in paragraph (a) of this section as
required by paragraph (b) of this section, including the date of the
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec.  60.3014, met
the criteria for qualification under Sec.  60.3016, and maintained or
renewed their qualification under Sec.  60.3017 or Sec.  60.3018.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec.  60.3020  What if all the qualified operators are temporarily not
accessible?

    If all qualified operators are temporarily not accessible (i.e.,
not at the facility and not able to be at the facility within 1 hour),
you must meet one of the three criteria specified in paragraphs (a)
through (c) of this section, depending on the length of time that a
qualified operator is not accessible.
    (a) When all qualified operators are not accessible for 12 hours or
less, the OSWI unit may be operated by other plant personnel familiar
with the operation of the OSWI unit who have completed review of the
information specified in Sec.  60.3019(a) within the past 12 months.
You do not need to notify the Administrator or include this as a
deviation in your annual report.
    (b) When all qualified operators are not accessible for more than
12 hours, but less than 2 weeks, the OSWI unit may be operated by other
plant personnel familiar with the operation of the OSWI unit who have
completed a review of the information specified in Sec.  60.3019(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec.  60.3051.
    (c) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible,

and when you anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA every 4 weeks outlining what you
are doing to ensure that a qualified operator is accessible, stating
when you anticipate that a qualified operator will be accessible and
requesting approval from EPA to continue operation of the OSWI unit.
You must submit the first status report 4 weeks after you notify the
Administrator of the deviation under paragraph (c)(1) of this section.
If EPA notifies you that your request to continue operation of the OSWI
unit is disapproved, the OSWI unit may continue operation for 90 days,
then must cease operation. Operation of the unit may resume if you meet
the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.
60.3014(a).
    (ii) You notify EPA that a qualified operator is accessible and
that you are resuming operation.

Model Rule--Emission Limitations and Operating Limits

Sec.  60.3022  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 2 of this
subpart on the date the initial performance test is required or
completed (whichever is earlier). Section 60.3031 specifies the date by
which you are required to conduct your performance test.

Sec.  60.3023  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 3 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
    (1) Maximum charge rate, calculated using one of the two different
procedures in paragraphs (a)(1)(i) or (ii) of this section, as
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is
the average charge rate measured during the most recent performance
test demonstrating compliance with all applicable emission limitations.
    (ii) For batch units, maximum charge rate is the charge rate
measured during the most recent performance test demonstrating
compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is
calculated as the average pressure drop across the wet scrubber
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations; or minimum
amperage to the wet scrubber, which is calculated as the average
amperage to the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the
average liquor flow rate at the inlet to the wet scrubber measured
during the most recent performance test demonstrating compliance with
all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the average
liquor pH at the inlet to the wet scrubber measured during the most
recent performance test demonstrating compliance with the hydrogen
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the
initial performance test beginning on the date 180 days after your
final compliance date in Table 1 of this subpart.

Sec.  60.3024  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet
scrubber or limit emissions in some other manner to comply with the
emission limitations under Sec.  60.3022, you must petition EPA for
specific operating limits, the values of which are to be established
during the initial performance test and then continuously monitored
thereafter. You must not conduct the initial performance test until
after the petition has been approved by EPA. Your petition must include
the five items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as
operating limits.
    (b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
    (c) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters.
    (d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
    (e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec.  60.3025  What happens during periods of startup, shutdown, and
malfunction?

    The emission limitations and operating limits apply at all times
except during OSWI unit startups, shutdowns, or malfunctions.

Model Rule--Performance Testing

Sec.  60.3027  How do I conduct the initial and annual performance
test?

    (a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in
Table 2 of this subpart.
    (c) All performance tests must be conducted using the minimum run
duration specified in Table 2 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
    (f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 in Sec.  60.3076.
    (g) Method 26A of appendix A of this part must be used for hydrogen
chloride concentration analysis, with the additional requirements
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling
using the procedure described in paragraphs (g)(1)(i) through (iii) of
this section.
    (i) Assemble the sampling train(s) and conduct a conditioning run
by collecting between 14 liters per minute (0.5 cubic feet per minute)
and 30 liters per minute (1.0 cubic feet per minute) of gas over a 1-
hour period. Follow the sampling procedures outlined in section 8.1.5
of Method 26A of appendix A of this part. For the conditioning run,
water can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with
a fresh impinger train for the sampling run, leaving the probe and
filter (and cyclone, if used) in position. Do not recover the filter or
rinse the probe before the first run. Thoroughly rinse the impingers
used in the

preconditioning run with deionized water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack
gas and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and
134 [deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the
requirements specified in paragraphs (g)(3)(i) and (ii) of this section
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of
appendix A of this part must be used.
    (ii) The post-test moisture removal procedure described in section
8.1.6 of Method 26A of appendix A of this part must be used.

Sec.  60.3028  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with
the emission limitations in Table 2 of this subpart.

Model Rule--Initial Compliance Requirements

Sec.  60.3030  How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?

    You must conduct an initial performance test, as required under
Sec.  60.8, to determine compliance with the emission limitations in
Table 2 of this subpart and to establish operating limits using the
procedure in Sec.  60.3023 or Sec.  60.3024. The initial performance
test must be conducted using the test methods listed in Table 2 of this
subpart and the procedures in Sec.  60.3027.

Sec.  60.3031  By what date must I conduct the initial performance
test?

    The initial performance test must be conducted no later than 180
days after your final compliance date. Your final compliance date is
specified in Table 1 of this subpart.

Model Rule--Continuous Compliance Requirements

Sec.  60.3033  How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the
pollutants in Table 2 of this subpart for each OSWI unit to determine
compliance with the emission limitations. The annual performance test
must be conducted using the test methods listed in Table 2 of this
subpart and the procedures in Sec.  60.3027.
    (b) You must continuously monitor carbon monoxide emissions to
determine compliance with the carbon monoxide emissions limitation.
Twelve-hour rolling average values are used to determine compliance. A
12-hour rolling average value above the carbon monoxide emission limit
in Table 2 constitutes a deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters
specified in Sec.  60.3023 or established under Sec.  60.3024. Three-
hour rolling average values are used to determine compliance with the
operating limits unless a different averaging period is established
under Sec.  60.3024. A 3-hour rolling average value (unless a different
averaging period is established under Sec.  60.3024) above the
established maximum or below the established minimum operating limits
constitutes a deviation from the established operating limits.
Operating limits do not apply during performance tests.

Sec.  60.3034  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months
following the initial performance test. Conduct subsequent annual
performance tests within 12 months following the previous one.

Sec.  60.3035  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test
data for at least three consecutive annual tests, and all performance
tests for the pollutant over that period show that you comply with the
emission limitation. In this case, you do not have to conduct a
performance test for that pollutant for the next 2 years. You must
conduct a performance test during the 3rd year and no more than 36
months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for
the pollutant, you may choose to conduct performance tests for that
pollutant every 3rd year, but each test must be within 36 months of the
previous performance test.
    (c) If a performance test shows a deviation from an emission
limitation for any pollutant, you must conduct annual performance tests
for that pollutant until three consecutive annual performance tests for
that pollutant all show compliance.

Sec.  60.3036  May I conduct a repeat performance test to establish new
operating limits?

    Yes, you may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.

Model Rule--Monitoring

Sec.  60.3038  What continuous emission monitoring systems must I
install?

    (a) You must install, calibrate, maintain, and operate continuous
emission monitoring systems for carbon monoxide and for oxygen. You
must monitor the oxygen concentration at each location where you
monitor carbon monoxide.
    (b) You must install, evaluate, and operate each continuous
emission monitoring system according to the ``Monitoring Requirements''
in Sec.  60.13.

Sec.  60.3039  How do I make sure my continuous emission monitoring
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure carbon
monoxide and oxygen.
    (b) Complete your initial evaluation of the continuous emission
monitoring systems within 180 days after your final compliance date in
Table 1 of this subpart.
    (c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your carbon monoxide and oxygen
continuous emission monitoring systems. To validate carbon monoxide
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data
during each initial and annual evaluation of your continuous emission
monitoring systems following the applicable performance specifications
in appendix B of this part. Table 4 of this subpart shows the required
span values and performance specifications that apply to each
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of
appendix F of this part for each continuous emission monitoring system.
The procedures include daily calibration drift and quarterly accuracy
determinations.

Sec.  60.3040  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 12 months after the previous evaluation
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of this part.

Sec.  60.3041  What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems, and is the data
collection requirement enforceable?

    (a) Where continuous emission monitoring systems are required,
obtain 1-hour arithmetic averages. Make sure the averages for carbon
monoxide are in parts per million by dry volume at 7 percent oxygen.
Use the 1-hour averages of oxygen data from your continuous emission
monitoring system to determine the actual oxygen level and to calculate
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your
continuous emission monitoring systems to complete at least one cycle
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the
operating hours per day for at least 90 percent of the operating days
per calendar quarter. An operating day is any day the unit combusts any
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you have deviated from the data
collection requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you must still use all valid data from
the continuous emission monitoring systems in calculating emission
concentrations.
    (f) If continuous emission monitoring systems are temporarily
unavailable to meet the data collection requirements, refer to Table 4
of this subpart. It shows alternate methods for collecting data when
systems malfunction or when repairs, calibration checks, or zero and
span checks keep you from collecting the minimum amount of data.

Sec.  60.3042  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.3076 to calculate emissions at 7
percent oxygen.
    (b) Use Equation 2 in Sec.  60.3076 to calculate the 12-hour
rolling averages for concentrations of carbon monoxide.

Sec.  60.3043  What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission
limitations under Sec.  60.3022, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
3 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 3 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications),
maintain, and operate a device or method for measuring the use of any
stack that could be used to bypass the control device. The measurement
must include the date, time, and duration of the use of the bypass
stack.
    (c) If you are using a method or air pollution control device other
than a wet scrubber to comply with the emission limitations under Sec.
60.3022, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec.  60.3024.

Sec.  60.3044  Is there a minimum amount of operating parameter
monitoring data I must obtain?

    (a) Except for monitor malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent
of the operating hours per day for at least 90 percent of the operating
days per calendar quarter. An operating day is any day the unit
combusts any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs
(a) and (b) of this section, you have deviated from the data collection
requirement regardless of the operating parameter level monitored.
    (d) Do not use data recorded during monitor malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.

Model Rule--Recordkeeping and Reporting

Sec.  60.3046  What records must I keep?

    You must maintain the 14 items (as applicable) as specified in
paragraphs (a) through (n) of this section for a period of at least 5
years.
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8)
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls
other than wet scrubbers under Sec.  60.3024, you must maintain data
collected for all operating parameters used to determine compliance
with the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions
and all 3-hour rolling average values of continuously monitored
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the
control device.
    (c) Identification of calendar dates and times for which continuous
emission monitoring systems or monitoring systems used to monitor
operating limits were inoperative, inactive, malfunctioning, or out of
control (except for downtime associated with zero and span and other
routine calibration checks). Identify the pollutant emissions or
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
    (e) Identification of calendar dates and times for which monitoring
data show a deviation from the carbon monoxide emissions limit in Table
2 of this subpart or a deviation from the operating limits in Table 3
of this subpart or a deviation from other operating limits established
under Sec.  60.3024 with a description of the deviations, reasons for
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not
collect the minimum amount of data required under Sec. Sec.  60.3041
and 60.3044.

    (g) For carbon monoxide continuous emissions monitoring systems,
document the results of your daily drift tests and quarterly accuracy
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required
under Sec.  60.3043.
    (i) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations and a
description of the types of waste burned during the test.
    (j) Records showing the names of OSWI unit operators who have
completed review of the information in Sec.  60.3019(a) as required by
Sec.  60.3019(b), including the date of the initial review and all
subsequent annual reviews.
    (k) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec.  60.3014, met
the criteria for qualification under Sec.  60.3016, and maintained or
renewed their qualification under Sec.  60.3017 or Sec.  60.3018.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
    (l) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
    (m) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
    (n) The information listed in Sec.  60.3019(a).

Sec.  60.3047  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative
format is approved by the Administrator.

Sec.  60.3048  What reports must I submit?

    See Table 5 of this subpart for a summary of the reporting
requirements.

Sec.  60.3049  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test
results obtained under Sec.  60.3030, as applicable.
    (b) The values for the site-specific operating limits established
in Sec.  60.3023 or Sec.  60.3024.
    (c) The waste management plan, as specified in Sec. Sec.  60.3010
through 60.3012.

Sec.  60.3050  When must I submit my annual report?

    You must submit an annual report no later than 12 months following
the submission of the information in Sec.  60.3049. You must submit
subsequent reports no more than 12 months following the previous
report.

Sec.  60.3051  What information must I include in my annual report?

    The annual report required under Sec.  60.3050 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec.  60.3052
through 60.3054.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and
signature, certifying the truth, accuracy, and completeness of the
report. Such certifications must also comply with the requirements of
40 CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting
period.
    (d) The values for the operating limits established pursuant to
Sec.  60.3023 or Sec.  60.3024.
    (e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the emission limitations or operating limits was
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded
12-hour average, as applicable, for carbon monoxide emissions and the
highest recorded 3-hour average and the lowest recorded 3-hour average,
as applicable, for each operating parameter recorded for the calendar
year being reported.
    (g) Information recorded under Sec.  60.3046(b)(6) and (c) through
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting
period, the results of that test.
    (i) If you met the requirements of Sec.  60.3035(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec.  60.3035(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators
were unavailable for more than 12 hours, but less than 2 weeks.

Sec.  60.3052  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour
average parameter level is above the maximum operating limit or below
the minimum operating limit established under this subpart, if any
recorded 12-hour average carbon monoxide emission rate is above the
emission limitation, if the control device was bypassed, or if a
performance test was conducted that showed a deviation from any
emission limitation.
    (b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).

Sec.  60.3053  What must I include in the deviation report?

    In each report required under Sec.  60.3052, for any pollutant or
operating parameter that deviated from the emission limitations or
operating limits specified in this subpart, include the seven items
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.
    (g) The dates, times, and durations of any bypass of the control
device.

Sec.  60.3054  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
    (1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will
be available.
    (2) Submit a status report to EPA every 4 weeks that includes the
three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be
accessible.
    (iii) Request approval from EPA to continue operation of the OSWI
unit.
    (b) If your unit was shut down by EPA, under the provisions of
Sec.  60.3020(c)(2), due to a failure to provide an accessible
qualified operator, you must notify EPA that you are resuming operation
once a qualified operator is accessible.

Sec.  60.3055  Are there any other notifications or reports that I must
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.

Sec.  60.3056  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.

Sec.  60.3057  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec.  60.19(c) for procedures to seek
approval to change your reporting date.

Model Rule--Title V Operating Permits

Sec.  60.3059  Am I required to apply for and obtain a title V
operating permit for my unit?

    Yes, if you are subject to an applicable EPA-approved and effective
Clean Air Act section 111(d)/129 State or Tribal plan or an applicable
and effective Federal plan, you are required to apply for and obtain a
title V operating permit unless you meet the relevant requirements for
an exemption specified in Sec.  60.2993.

Sec.  60.3060  When must I submit a title V permit application for my
existing unit?

    (a)(1) If your existing unit is not subject to an earlier permit
application deadline, a complete title V permit application must be
submitted on or before the earlier of the dates specified in paragraphs
(a)(1)(i) through (iii) of this section. (See sections 129(e), 503(c),
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40
CFR 71.5(a)(1)(i).)
    (i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
    (ii) 12 months after the effective date of any applicable Federal
plan.
    (iii) December 16, 2008.
    (2) For any existing unit not subject to an earlier permit
application deadline, the application deadline of 36 months after the
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of
whether or when any applicable Federal plan is effective, or whether or
when any applicable Clean Air Act section 111(d)/129 State or Tribal
plan is approved by EPA and becomes effective.
    (b) If your existing unit is subject to title V as a result of some
triggering requirement(s) other than those specified in paragraph (a)
of this section (for example, a unit may be a major source or part of a
major source), then your unit may be required to apply for a title V
permit prior to the deadlines specified in paragraph (a). If more than
one requirement triggers a source's obligation to apply for a title V
permit, the 12-month timeframe for filing a title V permit application
is triggered by the requirement which first causes the source to be
subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR
70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40
CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40
CFR 71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with Federal law. (See sections 503(d) and 502(a) of the
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators
Used in Disaster Recovery

Sec.  60.3061  What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the
requirements of this subpart if it is used on a temporary basis to
combust debris from a disaster or emergency such as a tornado,
hurricane, flood, ice storm, high winds, or act of bioterrorism. To
qualify for this exclusion, the incinerator or air curtain incinerator
must be used to combust debris in an area declared a State of Emergency
by a local or State government, or the President, under the authority
of the Stafford Act, has declared that an emergency or a major disaster
exists in the area, and you must follow the requirements specified in
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a
period that begins on the date the unit started operation and lasts 8
weeks or less within the boundaries of the same emergency or disaster
declaration area, then it is excluded from the requirements of this
subpart. You do not need to notify the Administrator of its use or meet
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used
during a period that begins on the date the unit started operation and
lasts more than 8 weeks within the boundaries of the same emergency or
disaster declaration area, you must notify the Administrator that the
temporary-use incinerator or air curtain incinerator will be used for
more than 8 weeks and request permission to continue to operate the
unit as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8
weeks after you start operation of the temporary-use incinerator or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area.
    (2) The notification must contain the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, identification of the
disaster or emergency for which the incinerator or air curtain
incinerator is being used, a description of the types of materials
being burned in the incinerator or air curtain incinerator, a brief
description of the size and design of the unit (for example, an air
curtain incinerator or a modular starved-air incinerator), the reasons
the incinerator

or air curtain incinerator must be operated for more than 8 weeks, and
the amount of time for which you request permission to operate
including the date you expect to cease operation of the unit.
    (c) If you submitted the notification containing the information in
paragraph (b)(2) by the date specified in paragraph (b)(1), you may
continue to operate the incinerator or air curtain incinerator for
another 8 weeks, which is a total of 16 weeks from the date the unit
started operation within the boundaries of the current emergency or
disaster declaration area. You do not have to meet the emission
limitations or other requirements of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, you must cease
operation of the unit or comply with all requirements of this subpart,
unless the Administrator has approved in writing your request to
continue operation.
    (2) If the Administrator has approved in writing your request to
continue operation, then you may continue to operate the incinerator or
air curtain incinerator within the boundaries of the current emergency
or disaster declaration area until the date specified in the approval,
and you do not need to comply with any other requirements of this
subpart during the approved time period.

Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean
Lumber, and Yard Waste

Sec.  60.3062  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open, integrated combustion chamber (fire box)
or open pit or trench (trench burner) in which combustion occurs. For
the purpose of this subpart and subpart EEEE of this part only, air
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (4) of this section are required to meet only
the requirements in Sec. Sec.  60.3062 through 60.3069 and are exempt
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Sec.  60.3063  When must I comply if my air curtain incinerator burns
only wood waste, clean lumber, and yard waste?

    Table 1 of this subpart specifies the final compliance date. You
must submit a notification to the Administrator postmarked within 10
business days after the final compliance date in Table 1 of this
subpart.

Sec.  60.3064  What must I do if I close my air curtain incinerator
that burns only wood waste, clean lumber, and yard waste and then
restart it?

    (a) If you close your incinerator but will reopen it prior to the
final compliance date in your State plan, you must meet the final
compliance date specified in Table 1 of this subpart.
    (b) If you close your incinerator but will restart it after your
final compliance date, you must meet the emission limitations on the
date your incinerator restarts operation.

Sec.  60.3065  What must I do if I plan to permanently close my air
curtain incinerator that burns only wood waste, clean lumber, and yard
waste and not restart it?

    You must close the unit before the final compliance date specified
in Table 1 of this subpart.

Sec.  60.3066  What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 180 days after your final compliance date in Table 1 of
this subpart, you must meet the two limitations specified in paragraphs
(a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all
times except during malfunctions.

Sec.  60.3067  How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8
within 180 days after the final compliance date in Table 1 of this
subpart.
    (c) After the initial test for opacity, conduct annual tests no
more than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for
more than 12 months following the date of your previous test, then you
must conduct a test for opacity upon startup of the unit.

Sec.  60.3068  What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?

    (a) Keep records of results of all initial and annual opacity tests
in either paper copy or computer-readable format that can be printed
upon request, unless the Administrator approves another format, for at
least 5 years. You must keep each record on site for at least 2 years.
You may keep the records off site for the remaining 3 years.
    (b) Make all records available for submittal to the Administrator
or for an inspector's review.
    (c) You must submit the results (each 6-minute average) of the
initial opacity tests no later than 60 days following the initial test.
Submit annual opacity test results within 12 months following the
previous report.
    (d) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date.
    (e) Keep a copy of the initial and annual reports for a period of 5
years. You must keep each report on site for at least 2 years. You may
keep the reports off site for the remaining 3 years.

Sec.  60.3069  Am I required to apply for and obtain a title V
operating permit for my air curtain incinerator that burns only wood
waste, clean lumber, and yard waste?

    Yes, if your air curtain incinerator is subject to this subpart,
you are required to apply for and obtain a title V operating permit as
specified in Sec. Sec.  60.3059 and 60.3060.

Model Rule--Equations

Sec.  60.3076  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7
percent oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.002

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen
correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (b) Capacity of a very small municipal waste combustion unit. For
very small municipal waste combustion units that can operate
continuously for 24-hour periods, calculate the unit capacity based on
24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design
based on heat input capacity, calculate the maximum charging rate based
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts
refuse-derived fuel, use a heating value of 12,800 kilojoules per
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts
municipal solid waste, use a heating value of 10,500 kilojoules per
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit.
Calculate the capacity of a batch OSWI unit as the maximum design
amount of municipal solid waste it can charge per batch multiplied by
the maximum number of batches it can process in 24 hours. Calculate the
maximum number of batches by dividing 24 by the number of hours needed
to process one batch. Retain fractional batches in the calculation. For
example, if one batch requires 16 hours, the OSWI unit can combust 24/
16, or 1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant
rates (Eh) are obtained (e.g., CEMS values), compute the
rolling average carbon monoxide pollutant rate (Ea) for each
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16DE05.003

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour
``j,'' ppm corrected to 7 percent O2.

Model Rule--Definitions

Sec.  60.3078  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the
Director of the State air pollution control agency, or his or her
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the
EPA, an employee of the EPA, the Director of the State air pollution
control agency, or employee of the State air pollution control agency
to whom the authority has been delegated by the Administrator of the
EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA,
the Director of the State air pollution control agency, or employee of
the State air pollution control agency to whom the authority has been
delegated by the Administrator of the EPA to perform the specified
task.
    Air curtain incinerator means an incineration unit operating by
forcefully projecting a curtain of air across an open, integrated
combustion chamber (fire box) or open pit or trench (trench burner) in
which combustion occurs. For the purpose of this subpart and subpart
EEEE only, air curtain incinerators include both firebox and trench
burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the
production or use of anti-neoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per
day of municipal solid waste or other solid wastes based on an annual
average;
    (2) Is located on a site where there is no evidence of groundwater
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if
connected by road, is located more than 50 miles from a Class I
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an
interruption in access to surface transportation, preventing access to
a Class I municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a
landfill located in an area that annually receives 25 inches or less of
precipitation.
    Class III municipal solid waste landfill is a landfill that is not
connected by road to a Class I municipal solid waste landfill, as
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by
road, is located more than 50 miles from a Class I municipal solid
waste landfill, and that accepts, for disposal, either of the following
two criteria:
    (1) Ash from incinerated municipal waste in quantities less than
one ton per day on an annual average, which ash must be free of food
scraps that might attract animals; or
    (2) Less than five tons per day of municipal solid waste, based on
an annual average, and is not located in a place that meets either of
the following criteria:
    (i) Where public access is restricted, including restrictions on
the right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally
by persons who are required to reside there as a condition of
employment and who do not consider the place to be their permanent
residence.
    Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).
    Collected from means the transfer of material from the site at
which the material is generated to a separate site where the material
is burned.

    Contained gaseous material means gases that are in a container when
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring
system for continuously measuring and recording the emissions of a
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the
requirements in Sec.  60.2991, 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 unit that meets requirements
in Sec.  60.2991 and is required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless of whether or not
such failure is allowed by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
    EPA means the Administrator of the EPA or employee of the EPA that
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or
operated by an organization having a governmental, educational, civic,
or religious purpose such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart)
that is combusted at any institutional facility using controlled flame
combustion in an enclosed, distinct operating unit: Whose design does
not provide for energy recovery (as defined in this subpart); operated
without energy recovery (as defined in this subpart); or operated with
only waste heat recovery (as defined in this subpart). Institutional
waste also means solid waste (as defined in this subpart) combusted on
site in an air curtain incinerator that is a distinct operating unit of
any institutional facility.
    Institutional waste incineration unit means any combustion unit
that combusts institutional waste (as defined in this subpart) and is a
distinct operating unit of the institutional facility that generated
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration
units operating with starved or excess air, and any air curtain
incinerator that is a distinct operating unit of the institutional
facility that generated the institutional waste (except those air
curtain incinerators listed in Sec.  60.2994(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
    Metropolitan Statistical Area means any areas listed as
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled
``Update of Statistical Area Definitions and Guidance on Their Uses''
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/
).

    Modification or modified unit means an incineration unit you have
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
unit (not including the cost of land) updated to current costs (current
dollars). For an OSWI unit, to determine what systems are within the
boundary of the unit used to calculate these costs, see the definition
of OSWI unit.
    (2) Any physical change in the OSWI unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
    Municipal solid waste means refuse (and refuse-derived fuel)
collected from the general public and from residential, commercial,
institutional, and industrial sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather, rubber, and other combustible
materials and non-combustible materials such as metal, glass and rock,
provided that: (1) The term does not include industrial process wastes
or medical wastes that are segregated from such other wastes; and (2)
an incineration unit shall not be considered to be combusting municipal
solid waste for purposes of this subpart if it combusts a fuel feed
stream, 30 percent or less of the weight of which is comprised, in
aggregate, of municipal solid waste, as determined by Sec.  60.2993(b).
    Municipal waste combustion unit means, for the purpose of this
subpart and subpart EEEE, any setting or equipment that combusts
municipal solid waste (as defined in this subpart) including, but not
limited to, field-erected, modular, cyclonic burn barrel, and custom
built incineration units (with or without energy recovery) operating
with starved or excess air, boilers, furnaces, pyrolysis/combustion
units, and air curtain incinerators (except those air curtain
incinerators listed in Sec.  60.2994(b)).
    Other solid waste incineration (OSWI) unit means either a very
small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this subpart. Unit types listed in
Sec.  60.2993 as being excluded from the subpart are not OSWI units
subject to this subpart. While not all OSWI units will include all of
the following components, an OSWI unit includes, but is not limited to,
the municipal or institutional solid waste feed system, grate system,
flue gas system, waste heat recovery equipment, if any, and bottom ash
system. The OSWI unit does not include air pollution control equipment
or the stack. The OSWI unit boundary starts at the municipal or
institutional waste hopper (if applicable) and extends through two
areas:
    (1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The OSWI unit includes all ash handling systems connected to
the bottom ash handling system.

    Particulate matter means total particulate matter emitted from OSWI
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
    Reconstruction means rebuilding an incineration unit and meeting
two criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the unit (not including land) updated to current costs
(current dollars). For an OSWI unit, to determine what systems are
within the boundary of the unit used to calculate these costs, see the
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been
combusted in the primary chamber. For continuous OSWI, shutdown shall
commence no less than 2 hours after the last charge to the incinerator.
For intermittent OSWI, shutdown shall commence no less than 4 hours
after the last charge to the incinerator. For batch OSWI, shutdown
shall commence no less than 5 hours after the high-air phase of
combustion has been completed.
    Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a
temperature of 68[deg]F (20[deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
    Startup period means the period of time between the activation of
the system and the first charge to the OSWI unit. For batch OSWI,
startup means the period of time between activation of the system and
ignition of the waste.
    Very small municipal waste combustion unit means any municipal
waste combustion unit that has the capacity to combust less than 35
tons per day of municipal solid waste or refuse-derived fuel, as
determined by the calculations in Sec.  60.3076.
    Waste heat recovery means the process of recovering heat from the
combustion flue gases outside of the combustion firebox by convective
heat transfer only.
    Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquor to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products
that have been painted, pigment-stained, or pressure treated by
compounds such as chromate copper arsenate, pentachlorophenol, and
creosote, or manufactured wood products that contain adhesives or
resins (e.g., plywood, particle board, flake board, and oriented strand
board).
    Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. Yard waste comes from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.

Tables to Subpart FFFF of Part 60

    As stated in Sec.  60.3000, you must comply with the following:

  Table 1 to Subpart FFFF of Part 60.--Model Rule--Compliance Schedule
------------------------------------------------------------------------
           Complete this action                    By this date a
------------------------------------------------------------------------
Final compliance b........................  (Dates to be specified in
                                             State plan) c.
------------------------------------------------------------------------
a Site-specific schedules can be used at the discretion of the State.
b Final compliance means that you complete all process changes and
  retrofit of control devices so that, when the incineration unit is
  brought on line, all process changes and air pollution control devices
  necessary to meet the emission limitations operate as designed.
c The date can be no later than 3 years after the effective date of
  State plan approval or December 16, 2010, whichever is earlier.

    As stated in Sec.  60.3022, you must comply with the following:

                      Table 2 to Subpart FFFF of Part 60.--Model Rule--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
       For the air pollutant          You must meet this    Using this averaging time    compliance using this
                                     emission limitationa                                        method
----------------------------------------------------------------------------------------------------------------
1. Cadmium........................  18 micrograms per dry  3-run average (1 hour       Method 29 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).
2. Carbon monoxide................  40 parts per million   3-run average (1 hour       Method 10, 10A, or 10B of
                                     by dry volume.         minimum sample time per     appendix A of this part
                                                            run during performance      and CEMS.
                                                            test), and 12-hour
                                                            rolling averages measured
                                                            using CEMS b.
3. Dioxins/furans (total basis)...  33 nanograms per dry   3-run average (1 hour       Method 23 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).

4. Hydrogen chloride..............  15 parts per million   3-run average (1 hour       Method 26A of appendix A
                                     by dry volume.         minimum sample time per     of this part.
                                                            run).
5. Lead...........................  226 micrograms per     3-run average (1 hour       Method 29 of appendix A
                                     dry standard cubic     minimum sample time per     of this part.
                                     meter.                 run).
6. Mercury........................  74 micrograms per dry  3-run average (1 hour       Method 29 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).