13.2. For the cylinder
                                                                                gas audit,
                                                                                15% or 0.5 ppm,
                                                                                whichever is greater).
Dioxins/furans (total mass basis)  1,200 nanograms per dry    3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   23 of appendix A-7 of
                                                               standard cubic meter).    this part).
Dioxins/furans (toxic equivalency  94 nanograms per dry       3-run average (collect a  Performance test (Method
 basis).                            standard cubic meter.      minimum volume of 1 dry   23 of appendix A-7 of
                                                               standard cubic meter).    this part).
Hydrogen chloride................  150 parts per million dry  3-run average (collect a  Performance test (Method
                                    volume.                    minimum volume of 1 dry   26 or 26A of appendix A-
                                                               standard cubic meter).    8 of this part).
Lead.............................  1.4 milligrams per dry     3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 of appendix A-8 of
                                                               standard cubic meter).    this part). Use ICPMS
                                                                                for the analytical
                                                                                finish.
Mercury..........................  0.0013 milligrams per dry  3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 of appendix A-8 of
                                                               standard cubic meter).    this part).
Opacity..........................  13%......................  Three 1-hour blocks       Performance test (Method
                                                               consisting of ten 6-      9 of appendix A-4 of
                                                               minute average opacity    this part).
                                                               values.
Oxides of nitrogen...............  210 parts per million dry  3-run average (1 hour     Performance test (Method
                                    volume.                    minimum sample time per   7E of appendix A-4 of
                                                               run).                     this part).
Particulate matter (filterable)..  240 milligrams per dry     3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   5 or 29 of appendix A-3
                                                               standard cubic meter).    or appendix A-8 of this
                                                                                part).
Sulfur dioxide...................  43 parts per million dry   3-run average (1 hour     Performance test (Method
                                    volume.                    minimum sample time per   6 or 6c of appendix A-4
                                                               run).                     of this part. Use a
                                                                                span gas with a
                                                                                concentration of 200
                                                                                ppm or less.
Fugitive ash.....................  Visible emissions for no   Three 1-hour observation  Visible emission test
                                    more than 5% of the        periods.                  (Method 22 of appendix
                                    hourly observation                                   A-7 of this part).
                                    period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

Subpart DDDD--Emissions Guidelines and Compliance Times for
Commercial and Industrial Solid Waste Incineration Units

    40. Section 60.2500 is revised to read as follows:

Sec.  60.2500  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance
schedules for the control of emissions from commercial and industrial
solid waste incineration (CISWI) units. The pollutants addressed by
these emission guidelines are listed in table 2 of this subpart and
tables 6 through 10 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.
    41. Section 60.2505 is revised to read as follows.

Sec.  60.2505  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 CISWI
units that meets the criteria in paragraphs (b) through (d) of this
section, you must submit a State plan to U.S. Environmental Protection
Agency (EPA) that implements the emission guidelines contained in this
subpart.
    (b) You must submit a State plan to EPA by December 3, 2001 for
incinerators that commenced construction on or before November 30, 1999
and that were not modified or reconstructed after June 1, 2001.
    (c) You must submit a State plan that meets the requirements of
this subpart and contains the more stringent emission limit for the
respective pollutant in table 6 of this subpart or table 1 of subpart
CCCC of this part to EPA by [THE DATE 1 YEAR AFTER PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER] for incinerators that commenced
construction after November 30, 1999 but no later than June 4, 2010 or
commenced modification or reconstruction after June 1, 2001 but no
later than [THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER].
    (d) You must submit a State plan to EPA that meets the requirements
of this subpart and contains the emission limits in tables 7 through 10
of this subpart by [THE DATE 1 YEAR AFTER PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER] for CISWI units other than incinerators that
commenced construction on or before June 4, 2010.
    41. Section 60.2525 is revised to read as follows:

Sec.  60.2525  What if my State plan is not approvable?

    (a) If you do not submit an approvable State plan (or a negative
declaration letter) by December 2, 2002, EPA will develop a Federal
plan according to Sec.  60.27 to implement the emission guidelines
contained in this subpart. Owners and operators of CISWI units not
covered by an approved State plan must comply with the Federal plan.
The Federal plan is an interim action and will be automatically
withdrawn when your State plan is approved.
    (b) If you do not submit an approvable State plan (or a negative
declaration letter) to EPA that meets the requirements of this subpart
and contains the emission limits in tables 6 through 10 of this subpart
for CISWI units that commenced construction after November 30, 1999,
but on or before by [THE DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER] by [THE DATE 1 YEAR AFTER THE DATE OF PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER], then EPA will develop a
Federal plan according to Sec.  60.27 to implement the emission
guidelines contained in this subpart. Owners and operators of CISWI
units not covered by an approved State plan must comply with the
Federal plan. The Federal plan is an interim action and will be
automatically withdrawn when your State plan is approved.
    43. Section 60.2535 is amended by:
    a. Revising paragraph (a) introductory text.
    b. Redesignating paragraph (b) as paragraph (c).
    c. Adding paragraph (b).

Sec.  60.2535  What compliance schedule must I include in my state
plan?

    (a) For CISWI units in the incinerator subcategory that commenced
construction on or before November 30, 1999, your State plan must
include compliance schedules that require CISWI units to achieve final
compliance as expeditiously as practicable after approval of the state
plan but not later than the earlier of the two dates specified in
paragraphs (a)(1) and (2) of this section.
* * * * *
    (b) For CISWI units in the incinerator subcategory that commenced
construction after November 30, 1999, but on or before June 4, 2010,
and for CISWI units in the energy recovery units, waste-burning kilns,
burn-off ovens, and small remote incinerators subcategories that
commenced construction before June 4, 2010, your state plan must
include compliance schedules that require CISWI units to achieve final
compliance as expeditiously as practicable after approval of the state
plan but not later than the earlier of the two dates specified in
paragraphs (b)(1) and (b)(2) of this section.
    (1) [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER].
    (2) 3 years after the effective date of state plan approval.
* * * * *
    44. Section 60.2540 is amended by revising paragraph (a) to read as
follows:

Sec.  60.2540  Are there any state plan requirements for this subpart
that apply instead of the requirements specified in subpart B?

* * * * *
    (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 CISWI units to comply by the dates specified in
Sec.  60.2535. This applies instead of the option for case-by-case less
stringent emission standards and longer compliance schedules in Sec.
60.24(f).
* * * * *
    45. Section 60.2541 is added to read as follows:

Sec.  60.2541  In lieu of a state plan submittal, are there other
acceptable option(s) for a state to meet its Section 111(d)/129(b)(2)
obligations?

    Yes, a state may meet its Clean Air Act Section 111(d)/129
obligations by submitting an acceptable written request for delegation
of the Federal plan that meets the requirements of this section. This
is the only other option for a state to meet its Clean Air Act Section
111(d)/129 obligations.
    (a) An acceptable Federal plan delegation request must include the
following:
    (1) A demonstration of adequate resources and legal authority to
administer and enforce the Federal plan.
    (2) The items under Sec.  60.2515(a)(1), (2) and (7).
    (3) Certification that the hearing on the state delegation request,
similar to the hearing for a state plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator that sets forth the terms, conditions and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement
of 111(d)(2) and 111(d)/(2)/129(b)(3) Federal plans.
    (b) A State with an already approved CISWI Clean Air Act Section
111(d)/129 state plan is not precluded from receiving EPA approval of a
delegation request for the revised Federal plan, providing the
requirements of paragraph (a) of this section are met, and at the time
of the delegation request, the state also requests withdrawal of EPA's
previous State plan approval.
    (c) A state's Clean Air Act Section 111(d)/129 obligations are
separate from its obligations under title V of the Clean Air Act.
    46. Section 60.2542 is added to read as follows:

Sec.  60.2542  What authorities will not be delegated to state, local,
or Tribal agencies?

    The authorities listed under Sec.  60.2030(c) will not be delegated
to state, local, or Tribal agencies.
    47. Section 60.2545 is amended by adding paragraph (c) to read as
follows:

Sec.  60.2545  Does this subpart directly affect CISWI unit owners and
operators in my state?

* * * * *
    (c) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by [THE DATE 1 YEAR
AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] for CISWI
units that commenced construction after November 30, 1999, but on or
before [THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER], the EPA will implement and enforce a Federal plan, as
provided in Sec.  60.2525, to ensure that each unit within your state
that commenced construction after November 30, 1999, but on or before
by [THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER],
reaches compliance with all the provisions of this subpart by [THE DATE
5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
    48. Section Sec.  60.2555 is amended by:
    a. Revising the introductory text.
    b. Removing and reserving paragraph (b).
    c. Revising paragraphs (c) and (g).
    d. Removing and reserving paragraphs (j), (k) and (l).
    e. Revising paragraphs (m) and (n).
    f. Removing paragraph (o).

Sec.  60.2555  What combustion units are exempt from my state plan?

    This subpart exempts the types of units described in paragraphs
(a), (c) through (i) and (m) of this section, but some units are
required to provide notifications. Air curtain incinerators are exempt
from the requirements in this subpart except for the provisions in
Sec. Sec.  60.2805, 60.2860, and 60.2870.
* * * * *
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are
regulated under subpart Ea of this part (Standards of Performance for
Municipal Waste Combustors); subpart Eb of this part (Standards of
Performance for Large Municipal Waste Combustors); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors); AAAA of this part (Standards of Performance for Small
Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Small Municipal Waste Combustion Units).
* * * * *
    (g) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
* * * * *
    (j) [Reserved]
    (k) [Reserved]
    (l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter. Sewage sludge incineration unit
designs may include fluidized bed and multiple hearth.

Sec.  60.2558  [Removed]

    49. Section 60.2558 is removed.
    50. Section 60.2635 is amended by revising paragraph (c)(1)(vii) to
read as follows:

Sec.  60.2635  What are the operator training and qualification
requirements?

* * * * *
    (c) * * *
    (1) * * *
    (vii) Actions to prevent malfunctions or to prevent conditions that
may lead to malfunctions.
* * * * *
    51. Section 60.2650 is amended by revising paragraph (d) to read as
follows:

Sec.  60.2650  How do I maintain my operator qualification?

* * * * *
    (d) Prevention of malfunctions or conditions that may lead to
malfunction.
* * * * *
    52. Section 60.2670 is revised to read as follows:

Sec.  60.2670  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each unit, including
bypass stack or vent, specified in table 2 of this subpart or tables 6
through 10 of this subpart by the final compliance date under the
approved State plan, Federal plan, or delegation, as applicable. The
emission limitations apply at all times the unit is operating including
and not limited to startup, shutdown, or malfunction.
    (b) Units that do not use wet scrubbers must maintain opacity to
less than or equal to the percent opacity (1-hour block average)
specified in table 2 of this subpart or tables 6 through 10 of this
subpart, as applicable.
    53. Section 60.2675 is amended by adding paragraphs (d), (e) and
(f) to read as follows:

Sec.  60.2675  What operating limits must I meet and by when?

* * * * *
    (d) If you use an electrostatic precipitator to comply with the
emission limitations, you must measure the voltage and amperage of the
electrostatic precipitator collection plates during the particulate
matter performance test. Calculate the average value of these
parameters for each test run. The minimum test run averages establish
your site-specific minimum voltage and amperage operating limits for
the electrostatic precipitator.
    (e) If you use activated carbon injection to comply with the
emission limitations, you must measure the mercury sorbent flow rate
during the mercury performance test. The minimum mercury sorbent flow
rate test run averages establish your site-specific minimum mercury
sorbent flow rate.
    (f) If you use selective noncatalytic reduction to comply with the
emission limitations, you must establish the maximum charge rate, the
minimum secondary chamber temperature (if applicable to your CISWI
unit) and the minimum reagent flow rate as site-specific operating
parameters during the initial nitrogen oxides performance test to
determine compliance with the emissions limits.
    54. Section 60.2680 is revised to read as follows:

Sec.  60.2680  What if I do not use a wet scrubber, activated carbon
injection, selective noncatalytic reduction, or an electrostatic
precipitator to comply with the emission limitations?

    (a) If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective noncatalytic reduction,
or an electrostatic precipitator or limit emissions in some other
manner to comply with the emission limitations under Sec.  60.2670, you
must petition the Administrator for specific operating limits to be
established during the initial performance test and continuously
monitored thereafter. You must not conduct the initial performance test
until after the petition has been approved by the Administrator. Your
petition must include the five items listed in paragraphs (a)(1)
through (a)(5) of this section.

    (1) Identification of the specific parameters you propose to use as
additional operating limits.
    (2) 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.
    (3) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
    (4) 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.
    (5) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
    (b) For energy recovery units that do not use a wet scrubber, you
must install, operate, certify and maintain a continuous opacity
monitoring system according to the procedures in Sec.  60.2710 by the
compliance date specified in Sec.  60.2670.

Sec.  60.2685  [Removed]

    55. Section 60.2685 is removed.
    56. Section 60.2690 is amended by revising paragraph (c) and adding
paragraphs (h) through (n) to read as follows:

Sec.  60.2690  How do I conduct the initial and annual performance
test?

* * * * *
    (c) All performance tests must be conducted using the minimum run
duration specified in tables 2 and 6 through 10 of this subpart.
* * * * *
    (h) Method 22 of appendix A-7 of this part must be used to
determine compliance with the fugitive ash emission limit in table 2 of
this subpart or tables 6 through 10 of this subpart.
    (i) Except as specified in paragraphs (i)(1), (i)(2), (i)(3), and
(i)(4) of this section, within 60 days after achieving the maximum
production rate at which the affected facility will be operated, but
not later than 180 days after initial startup of such facility, or at
such other times specified by this part, and at such other times as may
be required by the Administrator under Section 114 of the Clean Air
Act, the owner or operator of such facility must conduct performance
test(s) and furnish the Administrator a written report of the results
of such performance test(s).
    (1) If a force majeure is about to occur, occurs, or has occurred
for which the affected owner or operator intends to assert a claim of
force majeure, the owner or operator must notify the Administrator, in
writing as soon as practicable following the date the owner or operator
first knew, or through due diligence should have known that the event
may cause or caused a delay in testing beyond the regulatory deadline,
but the notification must occur before the performance test deadline
unless the initial force majeure or a subsequent force majeure event
delays the notice, and in such cases, the notification must occur as
soon as practicable.
    (2) The owner or operator must provide to the Administrator a
written description of the force majeure event and a rationale for
attributing the delay in testing beyond the regulatory deadline to the
force majeure; describe the measures taken or to be taken to minimize
the delay; and identify a date by which the owner or operator proposes
to conduct the performance test. The performance test must be conducted
as soon as practicable after the force majeure occurs.
    (3) The decision as to whether or not to grant an extension to the
performance test deadline is solely within the discretion of the
Administrator. The Administrator will notify the owner or operator in
writing of approval or disapproval of the request for an extension as
soon as practicable.
    (4) Until an extension of the performance test deadline has been
approved by the Administrator under paragraphs (i)(1), (2), and (3) of
this section, the owner or operator of the affected facility remains
strictly subject to the requirements of this part.
    (j) Performance tests must be conducted and data reduced in
accordance with the test methods and procedures contained in this
subpart unless the Administrator does one of the following.
    (1) Specifies or approves, in specific cases, the use of a
reference method with minor changes in methodology.
    (2) Approves the use of an equivalent method.
    (3) Approves the use of an alternative method the results of which
he has determined to be adequate for indicating whether a specific
source is in compliance.
    (4) Waives the requirement for performance tests because the owner
or operator of a source has demonstrated by other means to the
Administrator's satisfaction that the affected facility is in
compliance with the standard.
    (5) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors. Nothing in this
paragraph is construed to abrogate the Administrator's authority to
require testing under Section 114 of the Clean Air Act.
    (k) Performance tests must be conducted under such conditions as
the Administrator shall specify to the plant operator based on
representative performance of the affected facility. The owner or
operator must make available to the Administrator such records as may
be necessary to determine the conditions of the performance tests.
    (l) The owner or operator of an affected facility must provide the
Administrator at least 30 days prior notice of any performance test,
except as specified under other subparts, to afford the Administrator
the opportunity to have an observer present. If after 30 days notice
for an initially scheduled performance test, there is a delay (due to
operational problems, etc.) in conducting the scheduled performance
test, the owner or operator of an affected facility must notify the
Administrator (or delegated state or local agency) as soon as possible
of any delay in the original test date, either by providing at least 7
days prior notice of the rescheduled date of the performance test, or
by arranging a rescheduled date with the Administrator (or delegated
state or local agency) by mutual agreement.
    (m) The owner or operator of an affected facility must provide, or
cause to be provided, performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such
facility. This includes the following:
    (i) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures.
    (ii) Providing a stack or duct free of cyclonic flow during
performance tests, as demonstrated by applicable test methods and
procedures.
    (2) Safe sampling platform(s).
    (3) Safe access to sampling platform(s).
    (4) Utilities for sampling and testing equipment.
    (n) Unless otherwise specified in this subpart, each performance
test must consist of three separate runs using the applicable test
method. Each run must be conducted for the time and under the
conditions specified in the applicable standard. For the purpose of
determining compliance with an applicable standard, the arithmetic
means of results of the three runs apply. In the event that a sample is

accidentally lost or conditions occur in which one of the three runs
must be discontinued because of forced shutdown, failure of an
irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances, beyond the owner or operator's
control, compliance may, upon the Administrator's approval, be
determined using the arithmetic mean of the results of the two other
runs.
    57. Section 60.2695 is revised to read as follows:

Sec.  60.2695  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 or tables 6 through
10 of this subpart.
    58. Section 60.2700 is revised to read as follows:

Sec.  60.2700  How do I demonstrate initial compliance with the amended
emission limitations and establish the operating limits?

    (a) You must conduct an initial performance test, as required under
Sec.  60.2690 and Sec.  60.2670, to determine compliance with the
emission limitations in table 2 of this subpart and tables 6 through 10
of this subpart and to establish operating limits using the procedures
in Sec.  60.2675 or Sec.  60.2680. The initial performance test must be
conducted using the test methods listed in table 2 of this subpart and
tables 6 through 10 of this subpart and the procedures in Sec.
60.2690. The use of the bypass stack during a performance test shall
invalidate the performance test.
    (b) You may use the results from a performance test conducted
within the two previous years that demonstrated compliance with the
emission limits in table 2 of this subpart or tables 5 through 9 of
this subpart. However, you must continue to meet the operating limits
established during the most recent performance test that demonstrated
compliance with the emission limits in table 2 of this subpart or
tables 5 through 9 of this subpart. The test must use the test methods
in table 2 of this subpart or tables 5 through 9 of this subpart.
    59. Section 60.2706 is added to read as follows:

Sec.  60.2706  By what date must I conduct the initial air pollution
control device inspection?

    (a) The initial air pollution control device inspection must be
conducted within 60 days after installation of the control device and
the associated CISWI unit reaches the charge rate at which it will
operate, but no later than 180 days after the final compliance date for
meeting the amended emission limitations.
    (b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the state agency
establishing a date whereby all necessary repairs of the designated
facility must be completed.
    60. Section 60.2710 is amended by revising paragraphs (a) and (b)
and adding paragraphs (d) through (t) to read as follows:

Sec.  60.2710  How do I demonstrate continuous compliance with the
amended emission limitations and the operating limits?

    (a) You must conduct an annual performance test for particulate
matter, hydrogen chloride, fugitive ash and opacity for each CISWI unit
as required under Sec.  60.2690 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 or tables 6
through 10 of this subpart and the procedures in Sec.  60.2690.
    (b) You must continuously monitor the operating parameters
specified in Sec.  60.2675 or established under Sec.  60.2680.
Operation above the established maximum or below the established
minimum operating limits constitutes a deviation from the established
operating limits. Three-hour rolling average values are used to
determine compliance (except for baghouse leak detection system alarms)
unless a different averaging period is established under Sec.  60.2680.
Operating limits are confirmed or reestablished during performance
tests.
* * * * *
    (d) For energy recovery units, incinerators, burn-off ovens and
small remote units, you must perform annual visual emissions test for
ash handling.
    (e) For energy recovery units, you must conduct an annual
performance test for opacity (except where particulate matter
continuous emissions monitoring systems are used for compliance) and
the pollutants (except for carbon monoxide) listed in table 2 of this
subpart and tables 6 through 10 of this subpart.
    (f) For energy recovery units, demonstrate continuous compliance
with the carbon monoxide emission limit using a carbon monoxide
continuous emissions monitoring system according to the following
requirements:
    (1) Determine continuous compliance with the carbon monoxide
emissions limit using a 24-hour block average, calculated as specified
in section 12.4.1 of EPA Reference Method 19 of appendix A-7 of this
part.
    (2) Operate the carbon monoxide continuous emissions monitoring
system in accordance with the applicable requirements of performance
specification 4B of appendix B and the quality assurance procedures of
appendix F of this part.
    (g) For energy recovery units with design capacities greater than
250 MMBtu/hr, demonstrate continuous compliance with the particulate
matter emissions limit using a particulate matter continuous emissions
monitoring system according to the procedures in Sec.  60.2730(n).
    (h) For waste-burning kilns, you must conduct an annual performance
test for particulate matter, hydrogen chloride, fugitive ash and
opacity (as mentioned in section 60.2710(a)), nitrogen oxides and
sulfur dioxide as listed in table 8 of this subpart. You must determine
compliance with the mercury emissions limit using a mercury continuous
emissions monitoring system according to the following requirements:
    (1) Operate a continuous emission monitor in accordance with
performance specification 12A of 40 CFR part 60, appendix B or a
sorbent trap based integrated monitor in accordance with performance
specification 12B of 40 CFR part 60, appendix B or appendix K of 40 CFR
part 75. The duration of the performance test must be a calendar month.
For each calendar month in which the waste-burning kiln operates,
hourly mercury concentration data and stack gas volumetric flow rate
data must be obtained.
    (2) Owners or operators using a mercury continuous emissions
monitoring system must install, operate, calibrate and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements of
performance specification 12A of 40 CFR part 60, appendix B and quality
assurance procedure 5 of 40 CFR part 60, appendix F, upon promulgation.
    (3) The owner or operator of a waste-burning kiln must demonstrate
initial compliance by operating a mercury continuous emission monitor
while the raw mill of the in-line kiln/raw mill is under normal
operating conditions and while the raw mill of the in-line kiln/raw
mill is not operating.
    (i) If you use an air pollution control device to meet the emission
limitations in this subpart, you must conduct an initial and annual
inspection of the air

pollution control device. The inspection must include, at a minimum,
the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the
requirements in paragraph (j) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under Sec.  60.13(i).
    (j) For each continuous monitoring system required in this section,
you must develop and submit to the EPA Administrator for approval a
site-specific monitoring plan according to the requirements of this
paragraph (j) that addresses paragraphs (j)(1)(i) through (vi) of this
section.
    (1) You must submit this site-specific monitoring plan at least 60
days before your initial performance evaluation of your continuous
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
    (ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec.  60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4),
(d), (e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous
monitoring system in accordance with your site-specific monitoring
plan.
    (3) You must operate and maintain the continuous monitoring system
in continuous operation according to the site-specific monitoring plan.
    (k) If you have an operating limit that requires the use of a flow
measurement device, you must meet the requirements in paragraphs (j)
and (k)(1) through (4) of this section.
    (1) Locate the flow sensor and other necessary equipment in a
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of 2 percent
of the flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (l) If you have an operating limit that requires the use of a
pressure measurement device, you must meet the requirements in
paragraphs (j) and (l)(1) through (6) of this section.
    (1) Locate the pressure sensor(s) in a position that provides a
representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration and
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 1.27 centimeters of
water or a transducer with a minimum tolerance of 1 percent of the
pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
    (m) If you have an operating limit that requires the use of a pH
measurement device, you must meet the requirements in paragraphs (j)
and (m)(1) through (3) of this section.
    (1) Locate the pH sensor in a position that provides a
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8
hours of process operation.
    (n) If you have an operating limit that requires the use of
equipment to monitor voltage and secondary current (or total power
input) of an electrostatic precipitator, you must use voltage and
secondary current monitoring equipment to measure voltage and secondary
current to the electrostatic precipitator.
    (o) If you have an operating limit that requires the use of
equipment to monitor sorbent injection rate (e.g., weigh belt, weigh
hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (j) and (o)(1) through (3) of this section.
    (1) Locate the device in a position(s) that provides a
representative measurement of the total sorbent injection rate.
    (2) Install and calibrate the device in accordance with
manufacturer's procedures and specifications.
    (3) At least annually, calibrate the device in accordance with the
manufacturer's procedures and specifications.
    (p) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain and continuously operate a bag leak detection
system as specified in paragraphs (p)(1) through (8) of this section.
    (1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated,
calibrated and maintained in a manner consistent with the
manufacturer's written specifications and recommendations and in
accordance with the guidance provided in EPA-454/R-98-015, September
1997.
    (3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm
system that will sound automatically when an increase in relative
particulate matter emissions over a preset level is detected. The alarm
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a bag leak detection
system must be installed in each baghouse compartment or cell.
    (8) Where multiple bag leak detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (q) For facilities using a continuous emissions monitoring system
to demonstrate compliance with the sulfur dioxide emission limit,
compliance with the sulfur dioxide emission limit may be demonstrated
by using the continuous emission monitoring system specified in Sec.
60.2165 to measure sulfur dioxide and calculating a 24-hour daily
geometric average emission concentration using EPA Reference Method 19,
sections 4.3 and 5.4, as applicable. The sulfur dioxide continuous
emission monitoring system must be operated according to performance
specification

2 in appendix B of this part and must follow the procedures and methods
specified in this paragraph (q). For sources that have actual inlet
emissions less than 100 parts per million dry volume, the relative
accuracy criterion for inlet sulfur dioxide continuous emission
monitoring systems should be no greater than 20 percent of the mean
value of the reference method test data in terms of the units of the
emission standard, or 5 parts per million dry volume absolute value of
the mean difference between the reference method and the continuous
emission monitoring systems, whichever is greater.
    (1) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 2 in
appendix B of this part, sulfur dioxide and oxygen (or carbon dioxide)
data must be collected concurrently (or within a 30- to 60-minute
period) by both the continuous emission monitors and the test methods
specified in paragraphs (q)(1)(i) and (q)(1)(ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6, 6A, or 6C, or as an
alternative ANSI/ASME PTC-19.10-1981--Flue and Exhaust Gas Analysis
[Part 10, Instruments and Apparatus] (incorporated by reference, see
Sec.  60.17] must be used.
    (ii) For oxygen (or carbon dioxide), EPA Method 3, 3A, or 3B, or as
an alternative ANSI/ASME PTC-19-10-1981--Flue and Exhaust Gas Analysis
[Part 10, Instruments and Apparatus] (incorporated by reference, see
Sec.  60.17] as applicable, must be used.
    (2) The span value of the continuous emissions monitoring system at
the inlet to the sulfur dioxide control device must be 125 percent of
the maximum estimated hourly potential sulfur dioxide emissions of the
unit subject to this rule. The span value of the continuous emission
monitoring system at the outlet of the sulfur dioxide control device
must be 50 percent of the maximum estimated hourly potential sulfur
dioxide emissions of the unit subject to this rule.
    (3) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 1 in appendix F of
this part.
    (4) When sulfur dioxide emissions data are not obtained because of
continuous emission monitoring system breakdowns, repairs, calibration
checks and/or zero and span adjustments, emissions data must be
obtained by using other monitoring systems as approved by EPA or EPA
Reference Method 19 to provide, as necessary, valid emissions data for
a minimum of 85 percent of the hours per day, 90 percent of the hours
per calendar quarter, and 95 percent of the hours per calendar year
that the affected facility is operated and combusting solid waste (as
that term is defined by the Administrator pursuant to Subtitle D of
RCRA).
    (r) For facilities using a continuous emissions monitoring system
to demonstrate continuous compliance with the nitrogen oxides emission
limit, compliance with the nitrogen oxides emission limit may be
demonstrated by using the continuous emission monitoring system
specified in Sec.  60.2165 to measure nitrogen oxides and calculating a
24-hour daily arithmetic average emission concentration using EPA
Reference Method 19, section 4.1. The nitrogen oxides continuous
emission monitoring system must be operated according to performance
specification 2 in appendix B of this part and must follow the
procedures and methods specified in paragraphs (r)(1) through (r)(5) of
this section.
    (1) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 2 of
appendix B of this part, nitrogen oxides and oxygen (or carbon dioxide)
data must be collected concurrently (or within a 30- to 60-minute
period) by both the continuous emission monitors and the test methods
specified in paragraphs (r)(1)(i) and (r)(1)(ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7, 7A, 7C, 7D, or 7E
must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or
3B, or as an alternative ANSI/ASME PTC-19.10-1981--Flue and Exhaust Gas
Analysis [Part 10, Instruments and Apparatus] (incorporated by
reference, see Sec.  60.17], as applicable, must be used.
    (2) The span value of the continuous emission monitoring system
must be 125 percent of the maximum estimated hourly potential nitrogen
oxide emissions of unit.
    (3) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 1 in appendix F of
this part.
    (4) When nitrogen oxides continuous emissions monitoring data are
not obtained because of continuous emission monitoring system
breakdowns, repairs, calibration checks and zero and span adjustments,
emissions data must be obtained using other monitoring systems as
approved by EPA or EPA Reference Method 19 to provide, as necessary,
valid emissions data for a minimum of 85 percent of the hours per day,
90 percent of the hours per calendar quarter, and 95 percent of the
hours per calendar year the unit is operated and combusting solid
waste.
    (5) The owner or operator of an affected facility may request that
compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (r)(5)(i) through
(r)(5)(iv) of this section. This relationship may be reestablished
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3, 3A, or 3B, or as an alternative ANSI/ASME PTC-
19.10-1981--Flue and Exhaust Gas Analysis [Part 10, Instruments and
Apparatus] (incorporated by reference, see Sec.  60.17), as applicable,
must be used to determine the oxygen concentration at the same location
as the carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of 3 runs must be performed.
    (s) For facilities using a continuous emissions monitoring system
to demonstrate continuous compliance with any of the emission limits of
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s)
using a 24-hour block average, calculated following the procedures in
EPA Method 19 of appendix A-7 of this part.
    (2) Operate all continuous emissions monitoring system in
accordance with the applicable procedures under appendices B and F of
this part.
    (t) Use of the bypass stack at any time is an emissions standards
deviation for particulate matter, HCl, Pb, Cd and Hg.
    61. Section 60.2715 is revised to read as follows:

Sec.  60.2715  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.

    62. Section 60.2716 is added to read as follows:

Sec.  60.2716  By what date must I conduct the annual air pollution
control device inspection?

    On an annual basis (no more than 12 months following the previous
annual air pollution control device inspection), you must complete the
air pollution control device inspection as described in Sec.  60.2706.
    63. Section 60.2720 is revised to read as follows:

Sec.  60.2720  May I conduct performance testing less often?

    (a) You can test less often for particulate matter, hydrogen
chloride, fugitive ash, or opacity, provided:
    (1) You have test data for at least 3 consecutive years.
    (2) The test data results for particulate matter, hydrogen
chloride, fugitive ash, or opacity is less than 75 percent of the
emissions or opacity limit.
    (3) There are no changes in the operation of the affected source or
air pollution control equipment that could affect emissions. In this
case, you do not have to conduct a performance test for that pollutant
for the next 2 years. You must conduct a performance test during the
third year and no more than 36 months following the previous
performance test.
    (b) If your CISWI unit continues to emit less than 75 percent of
the emission limitation for particulate matter, hydrogen chloride,
fugitive ash, or opacity and there are no changes in the operation of
the affected facility or air pollution control equipment that could
increase emissions, you may choose to conduct performance tests for
these pollutants every third year, but each test must be within 36
months of the previous performance test.
    (c) If a performance test shows emissions exceeded 75 percent or
greater of the emission or opacity limitation for particulate matter,
hydrogen chloride, fugitive ash, or opacity, you must conduct annual
performance tests for that pollutant until all performance tests over a
3-year period are within 75 percent of the applicable emission
limitation.
    64. Section 60.2730 is amended by revising paragraph (c) and adding
paragraphs (d) through (p) to read as follows:

Sec.  60.2730  What monitoring equipment must I install and what
parameters must I monitor?

* * * * *
    (c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, or an electrostatic
precipitator to comply with the emission limitations under Sec.
60.2670, 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.  60.2680.
    (d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.2690, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI unit) or the minimum reagent
flow rate measured as 3-hour rolling averages (calculated each hour as
the average of the previous 3 operating hours) at all times. Operating
parameter limits are confirmed or reestablished during performance
tests.
    (2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart, you must monitor the voltage and
amperage of the electrostatic precipitator collection plates and
maintain the 3-hour block averages at or above the operating limits
established during the mercury or particulate matter performance test.
    (g) To demonstrate continuous compliance with the hydrogen chloride
emissions limit, a facility may substitute use of a hydrogen chloride
continuous emissions monitoring system for conducting the hydrogen
chloride annual performance test, monitoring the minimum hydrogen
chloride sorbent flow rate and monitoring the minimum scrubber liquor
pH.
    (h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of a particulate
matter continuous emissions monitoring system for conducting the
particulate matter annual performance test and monitoring the minimum
pressure drop across the wet scrubber, if applicable.
    (i) To demonstrate continuous compliance with the dioxin/furan
emissions limit, a facility may substitute use of a continuous
automated sampling system for the dioxin/furan annual performance test.
You must record the output of the system and analyze the sample
according to EPA Method 23 of appendix A-7 of this part. This option to
use a continuous automated sampling system takes effect on the date a
final performance specification applicable to dioxin/furan from
continuous monitors is published in the Federal Register. The owner or
operator who elects to continuously sample dioxin/furan emissions
instead of sampling and testing using EPA Method 23 of appendix A-7
must install, calibrate, maintain and operate a continuous automated
sampling system and must comply with the requirements specified in
Sec.  60.58b(p) and (q).
    (j) To demonstrate continuous compliance with the mercury emissions
limit, a facility may substitute use of a continuous automated sampling
system for the mercury annual performance test. You must record the
output of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet appropriate performance
criteria. This option to use a continuous automated sampling system
takes effect on the date a final performance specification applicable
to mercury from monitors is published in the Federal Register. The
owner or operator who elects to continuously sample mercury emissions
instead of sampling and testing using EPA Method 29 of appendix A-8 of
this part, ASTM D6784-02 (2008), Standard Test Method for Elemental,
Oxidized, Particle Bound and Total Mercury in Flue Gas Generated from
Coal-Fired Stationary Sources (Ontario Hydro Method), or an approved
alternative method for measuring mercury emissions, must install,
calibrate, maintain and operate a continuous automated sampling system
and must comply with the requirements specified in Sec.  60.58b(p) and
(q).
    (k) To demonstrate continuous compliance with the nitrogen oxides
emissions limit, a facility may substitute use of a continuous
emissions monitoring system for the nitrogen oxides annual performance
test to demonstrate compliance with the nitrogen oxides emissions
limits.
    (1) Install, calibrate, maintain and operate a continuous emission
monitoring system for measuring nitrogen oxides emissions discharged to
the atmosphere and record the output of the system. The requirements
under performance specification 2 of appendix

B of this part, the quality assurance procedure 1 of appendix F of this
part and the procedures under Sec.  60.13 must be followed for
installation, evaluation and operation of the continuous emission
monitoring system.
    (2) Following the date that the initial performance test for
nitrogen oxides is completed or is required to be completed under Sec.
60.2690, compliance with the emission limit for nitrogen oxides
required under Sec.  60.52b(d) must be determined based on the 24-hour
daily arithmetic average of the hourly emission concentrations using
continuous emission monitoring system outlet data. The 1-hour
arithmetic averages must be expressed in parts per million by volume
(dry basis) and used to calculate the 24-hour daily arithmetic average
concentrations. The 1-hour arithmetic averages must be calculated using
the data points required under Sec.  60.13(e)(2).
    (1) To demonstrate continuous compliance with the sulfur dioxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the sulfur dioxide annual performance
test to demonstrate compliance with the sulfur dioxide emissions
limits.
    (1) Install, calibrate, maintain and operate a continuous emission
monitoring system for measuring sulfur dioxide emissions discharged to
the atmosphere and record the output of the system. Requirements under
performance specification 2 of appendix B of this part, the quality
assurance requirements of procedure 1 of appendix F of this part and
the procedures under Sec.  60.13 must be followed for installation,
evaluation and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for sulfur
dioxide is completed or is required to be completed under Sec.
60.2690, compliance with the sulfur dioxide emission limit may be
determined based on the 24-hour daily geometric average of the hourly
arithmetic average emission concentrations using continuous emission
monitoring system outlet data. The 1-hour arithmetic averages must be
expressed in parts per million corrected to 7 percent oxygen (dry
basis) and used to calculate the 24-hour daily geometric average
emission concentrations and daily geometric average emission percent
reductions. The 1-hour arithmetic averages must be calculated using the
data points required under Sec.  60.13(e)(2).
    (m) For energy recovery units that do not use a wet scrubber, you
must install, operate, certify and maintain a continuous opacity
monitoring system according to the procedures in paragraphs (m)(1)
through (5) of this section by the compliance date specified in Sec.
60.2670. Energy recovery units that use a particulate matter continuous
emissions monitoring system to demonstrate initial and continuing
compliance according to the procedures in Sec.  60.2730(n) are not
required to install a continuous opacity monitoring system and must
perform the annual performance tests for opacity consistent with Sec.
60.2710(e).
    (1) Install, operate and maintain each continuous opacity
monitoring system according to performance specification 1 of 40 CFR
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec.  60.13 and
according to PS-1 of 40 CFR part 60, appendix B.
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as
specified in Sec.  60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
    (n) For energy recovery units with design capacities greater than
250 MMBtu/hr, in place of particulate matter testing with EPA Method 5,
an owner or operator must install, calibrate, maintain and operate a
continuous emission monitoring system for monitoring particulate matter
emissions discharged to the atmosphere and record the output of the
system. The owner or operator of an affected facility who continuously
monitors particulate matter emissions instead of conducting performance
testing using EPA Method 5 must install, calibrate, maintain and
operate a continuous emission monitoring system and must comply with
the requirements specified in paragraphs (n)(1) through (n)(14) of this
section.
    (1) Notify the Administrator 1 month before starting use of the
system.
    (2) Notify the Administrator 1 month before stopping use of the
system.
    (3) The monitor must be installed, evaluated and operated in
accordance with the requirements of performance specification 11 of
appendix B of this part and quality assurance requirements of procedure
2 of appendix F of this part and Sec.  60.13.
    (4) The initial performance evaluation must be completed no later
than 180 days after the final compliance date for meeting the amended
emission limitations, as specified under Sec.  60.2690 or within 180
days of notification to the Administrator of use of the continuous
monitoring system if the owner or operator was previously determining
compliance by Method 5 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec.  60.2710(r)(5)(i) through
(r)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions as required
under Sec.  60.2690. Compliance with the particulate matter emission
limit must be determined by using the continuous emission monitoring
system specified in paragraph (n) of this section to measure
particulate matter and calculating a 24-hour block arithmetic average
emission concentration using EPA Reference Method 19, section 4.1.
    (7) Compliance with the particulate matter emission limit must be
determined based on the 24-hour daily (block) average of the hourly
arithmetic average emission concentrations using continuous emission
monitoring system outlet data.
    (8) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified inSec.  60.2735(e).
    (9) The 1-hour arithmetic averages required under paragraph (n)(7)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and
must be used to calculate the 24-hour daily arithmetic average emission
concentrations. The 1-hour arithmetic averages must be calculated using
the data points required under Sec.  60.13(e)(2).
    (10) All valid continuous emission monitoring system data must be
used in calculating average emission concentrations even if the minimum
continuous emission monitoring system data requirements of paragraph
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system must be operated
according to performance specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 11 in

appendix B of this part, particulate matter and oxygen (or carbon
dioxide) data must be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emission monitors and the
following test methods:
    (i) For particulate matter, EPA Reference Method 5 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or
3B, as applicable must be used.
    (13) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 2 in appendix F of
this part.
    (14) When particulate matter emissions data are not obtained
because of continuous emission monitoring system breakdowns, repairs,
calibration checks and zero and span adjustments, emissions data must
be obtained by using other monitoring systems as approved by the
Administrator or EPA Reference Method 19 to provide, as necessary,
valid emissions data for a minimum of 85 percent of the hours per day,
90 percent of the hours per calendar quarter, and 95 percent of the
hours per calendar year that the affected facility is operated and
combusting waste.
    (o) For energy recovery units, you must install, operate, certify
and maintain a continuous emissions monitoring system for carbon
monoxide, according to the requirements of performance specification 4B
of appendix B of this part and quality assurance procedure 1 of
appendix F of this part.
    (p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
    65. Section 60.2735 is revised to read as follows:

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

    (a) You must conduct all monitoring at all times the CISWI unit is
operating.
    (b) You must use all the data collected during all periods in
assessing compliance with the operating limits.
    (c) For continuous emission monitoring systems for measuring sulfur
dioxide emissions, valid continuous monitoring system hourly averages
must be obtained as specified in paragraphs (c)(1) and (c)(2) of this
section for a minimum of 85 percent of the hours per day, 90 percent of
the hours per calendar quarter, and 95 percent of the hours per
calendar year that the affected facility is combusting waste. All valid
continuous emission monitoring system data must be used in calculating
average emission concentrations and percent reductions even if the
minimum continuous emission monitoring system data requirements of this
paragraph (c) are not met.
    (1) At least 2 data points per hour must be used to calculate each
1-hour arithmetic average.
    (2) Each sulfur dioxide 1-hour arithmetic average must be corrected
to 7 percent oxygen on an hourly basis using the 1-hour arithmetic
average of the oxygen (or carbon dioxide) continuous emission
monitoring system data.
    (d) For continuous emission monitoring systems for measuring
nitrogen oxides emissions, valid continuous emission monitoring system
hourly averages must be obtained as specified in paragraphs (d)(1) and
(d)(2) of this section for a minimum of 85 percent of the hours per
day, 90 percent of the hours per calendar quarter, and 95 percent of
the hours per calendar year that the affected facility is combusting
waste. All valid continuous emission monitoring system data must be
used in calculating average emission concentrations and percent
reductions even if the minimum continuous emission monitoring system
data requirements of this paragraph (d) are not met.
    (1) At least 2 data points per hour must be used to calculate each
1-hour arithmetic average.
    (2) Each nitrogen oxides 1-hour arithmetic average must be
corrected to 7 percent oxygen on an hourly basis using the 1-hour
arithmetic average of the oxygen (or carbon dioxide) continuous
emission monitoring system data.
    (e) For continuous emission monitoring systems for measuring
particulate matter emissions, valid continuous monitoring system hourly
averages must be obtained as specified in paragraphs (e)(1) and (e)(2)
for a minimum of 85 percent of the hours per day, 90 percent of the
hours per calendar quarter, and 95 percent of the hours per calendar
year that the affected source is combusting waste. All valid continuous
emission monitoring system data must be used in calculating average
emission concentrations and percent reductions even if the minimum
continuous emission monitoring system data requirements of this
paragraph (c) are not met.
    (1) At least 2 data points per hour must be used to calculate each
one-hour arithmetic average.
    (2) Each particulate matter one-hour arithmetic average must be
corrected to 7 percent oxygen on an hourly basis using the one-hour
arithmetic average of the oxygen (or carbon dioxide) continuous
emission monitoring system data.
    66. Section 60.2740 is amended by:
    a. Revising the introductory text.
    b. Revising paragraphs (b)(5) and (e).
    c. Removing and reserving paragraphs (c) and (d).
    d. Adding paragraphs (n) through (t).

Sec.  60.2740  What records must I keep?

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

    (7) All one-hour average concentrations of hydrogen chloride
emissions.
    (p) Records indicating use of the bypass stack, including dates,
times and durations.
    (q) If you choose to stack test less frequently than annually,
consistent with Sec.  60.2720(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
    (r) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
    (s) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    67. Section 60.2770 is amended by revising paragraph (e) and adding
paragraphs (k) through (o) to read as follows:

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

* * * * *
    (e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period.
* * * * *
    (k) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation
that occurs for a CISWI unit for which you are not using a CMS to
comply with the emission or operating limitations in this subpart, the
annual report must contain the following information.
    (1) The total operating time of the CISWI unit at which the
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
    (m) If there were periods during which the continuous monitoring
system, including the continuous emission monitoring system, was out of
control as specified in paragraph (o) of this section, the annual
report must contain the following information for each deviation from
an emission or operating limitation occurring for a CISWI unit for
which you are using a continuous monitoring system to comply with the
emission and operating limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring
system was out-of-control, including start and end dates and hours and
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period.
    (5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the CISWI unit at which the continuous monitoring
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system
certification or audit.
    (12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring
system, including the continuous emission monitoring system, was not
out of control as specified in paragraph (o) of this section, a
statement that there were not periods during which the continuous
monitoring system was out of control during the reporting period.
    (o) A continuous monitoring system is out of control if any of the
following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
    (2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.
    68. Section 60.2780 is amended by revising paragraph (c) and
removing paragraphs (e) and (f).

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

* * * * *
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits
and your corrective actions.
    (2) Bypass events and your corrective actions.
* * * * *
    69. Section 60.2795 is revised to read as follows:

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

    (a) Submit initial, annual and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
    (b) After December 31, 2011, within 60 days after the date of
completing each performance evaluation conducted to demonstrate
compliance with this subpart, the owner or operator of the affected
facility must submit the test data to EPA by entering the data
electronically into EPA's WebFIRE database through EPA's Central Data
Exchange. The owner or operator of an affected source shall enter the
test data into EPA's database using the Electronic Reporting Tool or
other compatible

electronic spreadsheet. Only performance evaluation data collected
using methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
    70. Section 60.2805 is revised to read as follows:

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

    Yes. Each CISWI unit and air curtain incinerator affected by this
subpart must operate pursuant to a permit issued under Section 129(e)
and title V of the Clean Air Act.
    71. Section 60.2860 is revised to read as follows:

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

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

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

* * * * *
    (c) * * *
    (1) The types of materials you plan to combust in your air curtain
incinerator.
    (2) The results (as determined by the average of three 1-hour
blocks consisting of ten 6-minute average opacity values) of the
initial opacity tests.
* * * * *
    73. Section 60.2875 is amended by:
    a. Adding definitions for ``Burn-off oven'', ``Bypass stack'',
``Energy recovery unit'', ``Incinerator'', ``Kiln'', ``Minimum voltage
or amperage'', ``Opacity'', ``Raw mill'', ``Small remote incinerator'',
``Solid waste incineration unit'' and ``Waste-burning kiln'', in
alphabetical order.
    b. Revising the definitions for ``Commercial and industrial solid
waste incineration (CISWI) unit'' and ``Deviation''.
    c. Removing the definitions for ``Agricultural waste'',
``Commercial or industrial waste'', ``Malfunction'' and ``Solid
Waste''.

Sec.  60.2875  What definitions must I know?

* * * * *
    Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit.
    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
* * * * *
    Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts any solid waste as that term is defined in 40
CFR part 241. While not all CISWI units will include all of the
following components, a CISWI unit includes, but is not limited to, the
solid waste feed system, grate system, flue gas system, waste heat
recovery equipment, if any, and bottom ash system. The CISWI unit does
not include air pollution control equipment or the stack. The CISWI
unit boundary starts at the solid waste hopper (if applicable) and
extends through two areas: The combustion unit flue gas system, which
ends immediately after the last combustion chamber or after the waste
heat recovery equipment, if any; and the combustion unit bottom ash
system, which ends at the truck loading station or similar equipment
that transfers the ash to final disposal. The CISWI unit includes all
ash handling systems connected to the bottom ash handling system.
* * * * *
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements.
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
* * * * *
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator pursuant to Subtitle D of
RCRA) for energy recovery. Energy recovery units include units that
would be considered boilers and process heaters if they did not combust
solid waste.
* * * * *
    Incinerator means any furnace used in the process of combusting
solid waste (as the term is defined by the Administrator pursuant to
Subtitle D of RCRA) for the purpose of reducing the volume of the waste
by removing combustible matter. Incinerator designs include single
chamber, two-chamber and cyclonic burn barrels.
* * * * *
    Kiln means an oven or furnace, including any associated preheater
or precalciner devices, used for processing a substance by burning,
firing or drying. Kilns include cement kilns, that produce clinker by
heating limestone and other materials for subsequent production of
Portland cement and lime kilns, that produce quicklime by calcination
of limestone.
* * * * *
    Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
from the pressure drop and liquid flow rate monitors during the most
recent particulate matter or mercury performance test demonstrating
compliance with the applicable emission limits.
* * * * *
    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
* * * * *
    Raw mill means a ball and tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
* * * * *
    Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator pursuant to
Subtitle D of RCRA) and has the capacity to combust 1 ton per day or
less solid waste and is more than 50 miles driving distance to the
nearest municipal solid waste landfill.
    Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste material from commercial or
industrial establishments or the general public (including single and
multiple

residences, hotels and motels). Such term does not include incinerators
or other units required to have a permit under section 3005 of the
Solid Waste Disposal Act. The term ``solid waste incineration unit''
does not include (A) materials recovery facilities (including primary
or secondary smelters) which combust waste for the primary purpose of
recovering metals, (B) qualifying small power production facilities, as
defined in section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as defined in
section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which
burn homogeneous waste (such as units which burn tires or used oil, but
not including refuse-derived fuel) for the production of electric
energy or in the case of qualifying cogeneration facilities which burn
homogeneous waste for the production of electric energy and steam or
forms of useful energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood wastes,
yard wastes and clean lumber and that such air curtain incinerators
comply with opacity limitations to be established by the Administrator
by rule.
* * * * *
    Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator pursuant to Subtitle D of RCRA).
* * * * *
    74. Table 1 to Subpart DDDD of Part 60 is revised to read as
follows:

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

    75. Table 2 to subpart DDDD is amended by revising the heading and
adding footnote b to read as follows:
    Table 2 to Subpart DDDD of Part 60--Model Rule--Emission
Limitations That Apply Before. [Date to be specified in state plan] \b\
* * * * *
    \b \ The date specified in the state plan can be no later than 3
years after the effective date of approval of a revised state plan or
[THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER].
    76. Table 5 of subpart DDDD is amended by:
    a. Revising the entry for ``Annual Report''.
    b. Revising the entry for ``Emission limitation or operating limit
deviation report''.

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

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

                                                          Documentation of
                                                          periods when all
                                                          qualified CISWI
                                                          unit operators
                                                          were unavailable
                                                          for more than 8
                                                          hours but less
                                                          than 2 weeks.

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

                                                          Dates,
                                                          times and causes
                                                          for monitor
                                                          downtime incidents.

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

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

Table 6 to Subpart DDDD of Part 60-Model Rule-Emission Limitations That Apply to Incinerators on and After [Date
                                        To Be Specified in State Plan] a
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0013 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  2.2 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 of appendix
                                                                 per run).                A-4 of this part). Use
                                                                                a maximum allowable
                                                                                drift of 0.2 ppm and a
                                                                                span gas with a CO
                                                                                concentration of 10
                                                                                ppm or less. The span
                                                                                gas must contain
                                                                                approximately the same
                                                                                concentration of CO2
                                                                                expected from the
                                                                                source.
Dioxins/furans (total mass basis)....  0.031 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters).
Dioxins/furans (toxic equivalency      0.0025 nanograms per     3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 2    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Hydrogen chloride....................  29 parts per million     3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.0028 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 or 30B of
                                        meter.                   dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Opacity..............................  1%.....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  34 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter filterable........  13 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 or
                                                                 meter).                  appendix A-8 of this
                                                                                part).
Sulfur dioxide.......................  2.5 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a maximum
                                                                                allowable drift of 0.2
                                                                                ppm and a span gas
                                                                                with concentration of
                                                                                5 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
\b\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    78. Table 7 to Subpart DDDD is added as follows:

 Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply To Energy Recovery Units After
                         [Date of Publication of the Final Rule in the Federal Register]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00041 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  150 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 of appendix
                                                                 per run).                A-4 of this part).
Dioxins/furans (total mass basis)....  0.75 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Dioxins/furans (toxic equivalency      0.059 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Hydrogen chloride....................  1.5 parts per million    3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  0.002 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.00096 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A of this part).
                                                                 meters).
Opacity..............................  1%.....................  6-minute averages; 1-    Continuous opacity
                                                                 hour block average for   monitoring
                                                                 units that operate dry   (performance
                                                                 control systems.         specification 1 of
                                                                                appendix B of this
                                                                                part), unless equipped
                                                                                with a wet scrubber.
Oxides of nitrogen...................  130 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter filterable........  9.2 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 or
                                                                 meter).                  appendix A-8 of this
                                                                                part) if the unit has
                                                                                a design capacity less
                                                                                than or equal to 250
                                                                                MMBtu/hr; or PM CEMS
                                                                                (performance
                                                                                specification 11 of
                                                                                appendix B of this
                                                                                part) if the unit has
                                                                                a design capacity
                                                                                greater than 250 MMBtu/
                                                                                hr.
Sulfur dioxide.......................  4.1 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a span gas
                                                                                with a concentration
                                                                                of 20 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    79. Table 8 to Subpart DDDD is added as follows:

  Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-burning Kilns After
                         [Date of Publication of the Final Rule in the Federal Register]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0003 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part).
                                                                 meters).
Carbon monoxide......................  710 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 of appendix
                                                                 per run).                A-4 of this part).
Dioxins/furans (total mass basis)....  2.1 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Dioxins/furans (toxic equivalency      0.17 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Hydrogen chloride....................  1.5 parts per million    3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  0.0027 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part).
                                                                 meters).

Mercury..............................  0.024 milligrams per     3-run average (collect   Mercury CEMS
                                        dry standard cubic       a minimum volume of 1    (performance
                                        meter.                   dry standard cubic       specification 12A of
                                                                 meter).                  appendix B of this
                                                                                part or mercury
                                                                                sorbent trap method
                                                                                specified in appendix
                                                                                K of part 75)
Opacity..............................  4%.....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  1100 parts per million   3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter filterable........  60 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 of this
                                                                 meter).                  part).
Sulfur dioxide.......................  410 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    80. Table 9 to Subpart DDDD is added as follows:

Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Burn-off Ovens After [Date of
                             Publication of the Final Rule in the Federal Register]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0045 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meter).                  ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  80 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B of appendix A-4 of
                                                                                this part).
Dioxins/furans (total mass basis)....  310 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Dioxins/furans (toxic equivalency      25 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Hydrogen chloride....................  130 parts per million    3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  0.041 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meter).                  ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part).
                                                                 meter).
Opacity..............................  2%.....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  120 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter filterable........  33 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 or
                                                                 meter).                  appendix A-8 of this
                                                                                part).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a span gas
                                                                                with a concentration
                                                                                of 50 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    81. Table 10 to Subpart DDDD is added as follows:

 Table 10 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                      After [Date of Publication of the Final Rule in the Federal Register]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.26 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 of appendix
                                                                 dry standard cubic       A-8 of this part).
                                                                 meter).
Carbon monoxide......................  78 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 of appendix
                                                                 per run).                A-4 of this part).
Dioxins/furans (total mass basis)....  1600 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Dioxins/furans (toxic equivalency      130 nanograms per dry    3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meter).
Hydrogen chloride....................  150 parts per million    3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  1.4 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 of appendix
                                                                 dry standard cubic       A-8 of this part).
                                                                 meter).
Mercury..............................  0.0029 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part).
                                                                 meter).
Opacity..............................  13%....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  210 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter filterable........  240 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 or
                                                                 meter).                  appendix A-8 of this
                                                                                part).
Sulfur dioxide.......................  44 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

[FR Doc. 2010-10821 Filed 6-3-10; 8:45 am]
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