Cadmium..............................  0.0011 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use GFAAS or ICP/
                                                                                MS for the analytical
                                                                                finish.
Lead.................................  0.00062 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 3    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8.
                                                                 meters per run).         Use GFAAS or ICP/MS
                                                                                for the analytical
                                                                                finish.
Fugitive emissions from ash handling.  Visible emissions of     Three 1-hour             Visible emission test
                                        combustion ash from an   observation periods.     (Method 22 of appendix
                                        ash conveying system                              A-7 of this part).
                                        (including conveyor
                                        transfer points) for
                                        no more than 5 percent
                                        of the hourly
                                        observation period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec.   60.17.

     Table 2 to Subpart LLLL of Part 60--Emission Limits and Standards for New Multiple Hearth Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                 Using these averaging
                                          You must meet this      methods and minimum        And determining
        For the air pollutant             emission limit \a\      sampling volumes or     compliance using this
                                                                       durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...................  60 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of      (Method 5 at 40 CFR
                                                                 0.75 dry standard        part 60, appendix A-3;
                                                                 cubic meters per run).   Method 26A or Method
                                                                                29 at 40 CFR part 60,
                                                                                appendix A-8).
Hydrogen chloride....................  1.2 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 200    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meters per run).
Carbon monoxide......................  52 parts per million by  24-hour block average    Continuous emissions
                                        dry volume.              (using 1-hour averages   monitoring system.
                                                                 of data).                (Performance
                                                                                Specification 4B of
                                                                                this part, using a low-
                                                                                range span of 100 ppm
                                                                                and a high-range span
                                                                                of 1000 ppm, and a
                                                                                relative accuracy of
                                                                                0.5 ppm instead of 5
                                                                                ppm specified in
                                                                                section 13.2. For the
                                                                                cylinder gas audit of
                                                                                Procedure 1, +/- 15%
                                                                                or 0.5 whichever is
                                                                                greater).
Dioxins/furans (total mass basis); or  0.045 nanograms per dry  3-run average (collect   Performance test
Dioxins/furans (toxic equivalency       standard cubic meter     a minimum volume of 3    (Method 23 at 40 CFR
 basis) \b\.                            (total mass basis); or   dry standard cubic       part 60, appendix A-
                                       0.0022 nanograms per      meters per run).         7).
                                        dry standard cubic
                                        meter (toxic
                                        equivalency basis).
Mercury..............................  0.15 milligrams per dry  3-run average (For       Performance test
                                        standard cubic meter.    Method 29 and ASTM       (Method 29 at 40 CFR
                                                                 D6784-02 (Reapproved     part 60, appendix A-8;
                                                                 2008),\c\ collect a      Method 30B at 40 CFR
                                                                 minimum volume of 1      part 60, appendix A-8;
                                                                 dry standard cubic       or ASTM D6784-02
                                                                 meters per run. For      (Reapproved 2008).\c\
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A-8).
Oxides of nitrogen...................  210 parts per million    3-run average (Collect   Performance test
                                        by dry volume.           sample for a minimum     (Method 7 or 7E at 40
                                                                 duration of one hour     CFR part 60, appendix
                                                                 per run).                A-4).
Sulfur dioxide.......................  26 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 200    CFR part 40, appendix
                                                                 liters per run. For      A-4; or ANSI/ASME PTC
                                                                 Method 6C, collect       19.10-1981.\c\
                                                                 sample for a minimum
                                                                 duration of one hour
                                                                 per run).
Cadmium..............................  0.0024 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use GFAAS or ICP/
                                                                                MS for the analytical
                                                                                finish.
Lead.................................  0.0035 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8.
                                                                 meters per run).         Use GFAAS or ICP/MS
                                                                                for the analytical
                                                                                finish.
Fugitive emissions from ash handling.  Visible emissions of     Three 1-hour             Visible emission test
                                        combustion ash from an   observation periods.     (Method 22 of appendix
                                        ash conveying system                              A-7 of this part).
                                        (including conveyor
                                        transfer points) for
                                        no more than 5 percent
                                        of the hourly
                                        observation period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec.   60.17.

                          Table 3 to Subpart LLLL of Part 60--Operating Parameters for New Sewage Sludge Incineration Units \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                And monitor using these minimum frequencies
                                    You must establish these -------------------------------------------------------------------------------------------
  For these operating parameters        operating limits                                                                      Data averaging period for
                                                                     Data measurement              Data recording \b\                compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          All sewage sludge incineration units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Combustion chamber operating       Minimum combustion         Continuous...................  Every 15 minutes.............  12-hour block.
 temperature or afterburner         chamber operating
 temperature.                       temperature or
                                    afterburner temperature.
Fugitive emissions from ash        Site-specific operating    Not applicable...............  Not applicable...............  Not applicable.
 handling.                          requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pressure drop across each wet      Minimum pressure drop....  Continuous...................  Every 15 minutes.............  12-hour block.
 scrubber.
Scrubber liquid flow rate........  Minimum flow rate........  Continuous...................  Every 15 minutes.............  12-hour block.
Scrubber liquid pH...............  Minimum pH...............  Continuous...................  Every 15 minutes.............  3-hour block.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Fabric Filter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak         Maximum alarm time of the bag leak detection system alarm (this operating limit is provided in Sec.   60.4850 and is
 detection system alarm.            not established on a site-specific basis).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Electrostatic precipitator
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary voltage of the           Minimum power input to     Continuous...................  Hourly.......................  12-hour block.
 electrostatic precipitator         the electrostatic
 collection plates.                 precipitator collection
                                    plates.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary amperage of the
 electrostatic precipitator
 collection plates.
Effluent water flow rate at the    Minimum effluent water     Hourly.......................  Hourly.......................  12-hour block.
 outlet of the electrostatic        flow rate at the outlet
 precipitator.                      of the electrostatic
                                    precipitator.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Activated carbon injection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate...  Minimum mercury sorbent    Hourly.......................  Hourly.......................  12-hour block.
                                    injection rate.
Dioxin/furan sorbent injection     Minimum dioxin/furan
 rate.                              sorbent injection rate.
Carrier gas flow rate or carrier   Minimum carrier gas flow   Continuous...................  Every 15 minutes.............  12-hour block.
 gas pressure drop.                 rate or minimum carrier
                                    gas pressure drop.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec.   60.4870, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing
  certain operating limits.
\b\ This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data
  recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-
  hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages.

      Table 4 to Subpart LLLL of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                                Toxic
                    Dioxin/furan isomer                      equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.................             1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin...............             1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin...........          0.01
octachlorinated dibenzo-p-dioxin..........................        0.0003
2,3,7,8-tetrachlorinated dibenzofuran.....................           0.1
2,3,4,7,8-pentachlorinated dibenzofuran...................           0.3
1,2,3,7,8-pentachlorinated dibenzofuran...................          0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran..................           0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran...............          0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran...............          0.01
octachlorinated dibenzofuran..............................        0.0003
------------------------------------------------------------------------

 Table 5 to Subpart LLLL of Part 60--Summary of Reporting Requirements for New Sewage Sludge Incineration Units
                                                       \a\
----------------------------------------------------------------------------------------------------------------
            Report                   Due date                  Contents                       Reference
----------------------------------------------------------------------------------------------------------------
Notification of construction..  Prior to           1. Statement of intent to         Sec.   60.4915(a).
                                 commencing         construct.
                                 construction.     2. Anticipated date of
                                                    commencement of construction..
                                                   3. Documentation for siting
                                                    requirements..
                                                   4. Anticipated date of initial
                                                    startup..
Notification of initial         Prior to initial   1. Maximum design dry sewage      Sec.   60.4915(b).
 startup.                        startup.           sludge burning capacity.
                                                   2. Anticipated and permitted
                                                    maximum feed rate..
                                                   3. If applicable, the petition
                                                    for site-specific operating
                                                    limits..
                                                   4. Anticipated date of initial
                                                    startup..
                                                   5. Site-specific monitoring
                                                    plan..
                                                   6. The site-specific monitoring
                                                    plan for your ash handling
                                                    system..
Initial compliance report.....  No later than 60   1. Company name and address.....  Sec.   60.4915(c).
                                 days following    2. Statement by a responsible
                                 the initial        official, with that official's
                                 performance test.  name, title, and signature,
                                                    certifying the accuracy of the
                                                    content of the report..
                                                   3. Date of report...............
                                                   4. Complete test report for the
                                                    initial performance test..
                                                   5. Results of CMS \b\
                                                    performance evaluation..
                                                   6. The values for the site-
                                                    specific operating limits and
                                                    the calculations and methods,
                                                    as applicable, used to
                                                    establish each operating limit..
                                                   7. Documentation of installation
                                                    of bag leak detection system
                                                    for fabric filter..
                                                   8. Results of initial air
                                                    pollution control device
                                                    inspection, including a
                                                    description of repairs..
Annual compliance report......  No later than 12   1. Company name and address.....  Sec.  Sec.   60.4915(d).
                                 months following  2. Statement and signature by
                                 the submission     responsible official..
                                 of the initial    3. Date and beginning and ending
                                 compliance         dates of report..
                                 report;           4. If a performance test was
                                 subsequent         conducted during the reporting
                                 reports are to     period, the results of the
                                 be submitted no    test, including any new
                                 more than 12       operating limits and associated
                                 months following   calculations and the type of
                                 the previous       activated carbon used, if
                                 report.            applicable..
                                                   5. For each pollutant and
                                                    operating parameter recorded
                                                    using a CMS, the highest
                                                    recorded 3-hour average and the
                                                    lowest recorded 3-hour average,
                                                    as applicable..
                                                   6. If no deviations from
                                                    emission limits, emission
                                                    standards, or operating limits
                                                    occurred, a statement that no
                                                    deviations occurred..
                                                   7. If a fabric filter is used,
                                                    the date, time, and duration of
                                                    alarms..
                                                   8. If a performance evaluation
                                                    of a CMS was conducted, the
                                                    results, including any new
                                                    operating limits and their
                                                    associated calculations..
                                                   9. If you met the requirements
                                                    of Sec.   60.4885(a)(3) and did
                                                    not conduct a performance test,
                                                    include the dates of the last
                                                    three performance tests, a
                                                    comparison to the 50 percent
                                                    emission limit threshold of the
                                                    emission level achieved in the
                                                    last three performance tests,
                                                    and a statement as to whether
                                                    there have been any process
                                                    changes..
                                                   10. Documentation of periods
                                                    when all qualified SSI unit
                                                    operators were unavailable for
                                                    more than 8 hours but less than
                                                    2 weeks..
                                                   11. Results of annual pollutions
                                                    control device inspections,
                                                    including description of
                                                    repairs..
                                                   12. If there were no periods
                                                    during which your CMSs had
                                                    malfunctions, a statement that
                                                    there were no periods during
                                                    which your CMSs had
                                                    malfunctions..
                                                   13. If there were no periods
                                                    during which your CMSs were out
                                                    of control, a statement that
                                                    there were no periods during
                                                    which your CMSs were out of
                                                    control..
                                                   14. If there were no operator
                                                    training deviations, a
                                                    statement that there were no
                                                    such deviations..
                                                   15. Information on monitoring
                                                    plan revisions, including a
                                                    copy of any revised monitoring
                                                    plan..

Deviation report (deviations    By August 1 of a   If using a CMS: 1. Company name   Sec.   60.4915(e).
 from emission limits,           calendar year      and address.
 emission standards, or          for data          2. Statement by a responsible
 operating limits, as            collected during   official..
 specified in Sec.               the first half    3. The calendar dates and times
 60.4915(e)(1)).                 of the calendar    your unit deviated from the
                                 year; by           emission limits or operating
                                 February 1 of a    limits..
                                 calendar year     4. The averaged and recorded
                                 for data           data for those dates..
                                 collected during  5. Duration and cause of each
                                 the second half    deviation..
                                 of the calendar   6. Dates, times, and causes for
                                 year.              monitor downtime incidents..
                                                   7. A copy of the operating
                                                    parameter monitoring data
                                                    during each deviation and any
                                                    test report that documents the
                                                    emission levels..
                                                   8. For periods of CMS
                                                    malfunction or when a CMS was
                                                    out of control, you must
                                                    include the information
                                                    specified in Sec.
                                                    60.4915(e)(3)(viii)..
                                                   If not using a CMS:.............
                                                   1. Company name and address.....
                                                   2. Statement by a responsible
                                                    official..
                                                   3. The total operating time of
                                                    each affected SSI..
                                                   4. The calendar dates and times
                                                    your unit deviated from the
                                                    emission limits, emission
                                                    standard, or operating limits..
                                                   5. The averaged and recorded
                                                    data for those dates..
                                                   6. Duration and cause of each
                                                    deviation..
                                                   7. A copy of any performance
                                                    test report that showed a
                                                    deviation from the emission
                                                    limits or standards..
                                                   8. A brief description of any
                                                    malfunction, a description of
                                                    actions taken during the
                                                    malfunction to minimize
                                                    emissions, and corrective
                                                    action taken..
Notification of qualified       Within 10 days of  1. Statement of cause of          Sec.   60.4915(f).
 operator deviation (if all      deviation.         deviation.
 qualified operators are not                       2. Description of actions taken
 accessible for 2 weeks or                          to ensure that a qualified
 more).                                             operator will be available.
                                                   3. The date when a qualified
                                                    operator will be accessible..
Notification of status of       Every 4 weeks      1. Description of actions taken   Sec.   60.4915(f).
 qualified operator deviation.   following          to ensure that a qualified
                                 notification of    operator is accessible.
                                 deviation.        2. The date when you anticipate
                                                    that a qualified operator will
                                                    be accessible..
                                                   3. Request for approval to
                                                    continue operation..
Notification of resumed         Within 5 days of   1. Notification that you have     Sec.   60.4915(f).
 operation following shutdown    obtaining a        obtained a qualified operator
 (due to qualified operator      qualified          and are resuming operation.
 deviation and as specified in   operator and
 Sec.   60.4835(b)(2)(i).        resuming
                                 operation.
Notification of a force         As soon as         1. Description of the force       Sec.   60.4915(g).
 majeure.                        practicable        majeure event.
                                 following the     2. Rationale for attributing the
                                 date you first     delay in conducting the
                                 knew, or through   performance test beyond the
                                 due diligence      regulatory deadline to the
                                 should have        force majeure..
                                 known that the    3. Description of the measures
                                 event may cause    taken or to be taken to
                                 or caused a        minimize the delay..
                                 delay in          4. Identification of the date by
                                 conducting a       which you propose to conduct
                                 performance test   the performance test..
                                 beyond the
                                 regulatory
                                 deadline; 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.
Notification of intent to       1 month before     1. Intent to start or stop use    Sec.   60.4915(h).
 start or stop use of a CMS.     starting or        of a CMS.
                                 stopping use of
                                 a CMS.
Notification of intent to       At least 30 days   1. Intent to conduct a
 conduct a performance test.     prior to the       performance test to comply with
                                 performance test.  this subpart.
Notification of intent to       At least 7 days    1. Intent to conduct a
 conduct a rescheduled           prior to the       rescheduled performance test to
 performance test.               date of a          comply with this subpart.
                                 rescheduled
                                 performance test.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.

Subpart MMMM--Emission Guidelines and Compliance Times for Existing
Sewage Sludge Incineration Units

Sec.

Table of Contents

Introduction

60.5000 What is the purpose of this subpart?
60.5005 Am I affected by this subpart?
60.5010 Is a state plan required for all states?
60.5015 What must I include in my state plan?
60.5020 Is there an approval process for my state plan?
60.5025 What if my state plan is not approvable?
60.5030 Is there an approval process for a negative declaration
letter?
60.5035 What compliance schedule must I include in my state plan?
60.5040 Are there any state plan requirements for this subpart that
apply instead of the requirements specified in subpart B?
60.5045 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?
60.5050 What authorities will not be delegated to state, local, or
tribal agencies?
60.5055 Does this subpart directly affect SSI unit owners and
operators in my state?

Applicability of State Plans

60.5060 What SSI units must I address in my state plan?
60.5065 What SSI units are exempt from my state plan?

Use of Model Rule

60.5070 What is the ``model rule'' in this subpart?
60.5075 How does the model rule relate to the required elements of
my state plan?
60.5080 What are the principal components of the model rule?

Model Rule--Increments of Progress

60.5085 What are my requirements for meeting increments of progress
and achieving final compliance?
60.5090 When must I complete each increment of progress?
60.5095 What must I include in the notifications of achievement of
increments of progress?
60.5100 When must I submit the notifications of achievement of
increments of progress?
60.5105 What if I do not meet an increment of progress?
60.5110 How do I comply with the increment of progress for submittal
of a control plan?
60.5115 How do I comply with the increment of progress for achieving
final compliance?
60.5120 What must I do if I close my SSI unit and then restart it?
60.5125 What must I do if I plan to permanently close my SSI unit
and not restart it?

Model Rule--Operator Training and Qualification

60.5130 What are the operator training and qualification
requirements?
60.5135 When must the operator training course be completed?
60.5140 How do I obtain my operator qualification?
60.5145 How do I maintain my operator qualification?
60.5150 How do I renew my lapsed operator qualification?
60.5155 What if all the qualified operators are temporarily not
accessible?
60.5160 What site-specific documentation is required and how often
must it be reviewed by qualified operators and plant personnel?

Model Rule--Emission Limits, Emission Standards, and Operating Limits
and Requirements

60.5165 What emission limits and standards must I meet and by when?
60.5170 What operating limits and requirements must I meet and by
when?
60.5175 How do I establish operating limits if I do not use a wet
scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some
other manner, to comply with the emission limits?
60.5180 Do the emission limits, emission standards, and operating
limits apply during periods of startup, shutdown, and malfunction?
60.5181 How do I establish affirmative defense for exceedance of an
emission limit or standard during malfunction?

Model Rule--Initial Compliance Requirements

60.5185 How and when do I demonstrate initial compliance with the
emission limits and standards?
60.5190 How do I establish my operating limits?
60.5195 By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?
60.5200 How do I develop a site-specific monitoring plan for my
continuous monitoring, bag leak detection, and ash handling systems,
and by what date must I conduct an initial performance evaluation?

Model Rule--Continuous Compliance Requirements

60.5205 How and when do I demonstrate continuous compliance with the
emission limits and standards?
60.5210 How do I demonstrate continuous compliance with my operating
limits?
60.5215 By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

Model Rule--Performance Testing, Monitoring, and Calibration
Requirements

60.5220 What are the performance testing, monitoring, and
calibration requirements for compliance with the emission limits and
standards?
60.5225 What are the monitoring and calibration requirements for
compliance with my operating limits?

Model Rule--Recordkeeping and Reporting

60.5230 What records must I keep?
60.5235 What reports must I submit?

Model Rule--Title V Operating Permits

60.5240 Am I required to apply for and obtain a title V operating
permit for my existing SSI unit?
60.5245 When must I submit a title V permit application for my
existing SSI unit?

Model Rule--Definitions

60.5250 What definitions must I know?

Tables

Table 1 to Subpart MMMM of Part 60--Model Rule--Increments of
Progress and Compliance Schedules for Existing Sewage Sludge
Incineration Units
Table 2 to Subpart MMMM of Part 60--Model Rule--Emission Limits and
Standards for Existing Fluidized Bed Sewage Sludge Incineration
Units
Table 3 to Subpart MMMM of Part 60--Model Rule--Emission Limits and
Standards for Existing Multiple Hearth Sewage Sludge Incineration
Units
Table 4 to Subpart MMMM of Part 60--Model Rule--Operating Parameters
for Existing Sewage Sludge Incineration Units
Table 5 to Subpart MMMM of Part 60--Model Rule--Toxic Equivalency
Factors
Table 6 to Subpart MMMM of Part 60--Model Rule--Summary of Reporting
Requirements for Existing Sewage Sludge Incineration Units

Introduction

60.5000  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance
schedules for the control of emissions from sewage sludge incineration
(SSI) units. The pollutants addressed by these emission guidelines are
listed in Tables 2 and 3 to 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. To the extent any requirement of this
subpart is inconsistent with the requirements of subpart A of this
part, the requirements of this subpart will apply.

Sec.  60.5005  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 SSI units that
commenced construction on or before October 14, 2010, 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 the state plan to EPA by March 21, 2012.

Sec.  60.5010  Is a state plan required for all states?

    No. You are not required to submit a state plan if there are no SSI
units for which construction commenced on or before October 14, 2010 in
your state, and you submit a negative declaration letter in place of
the state plan.

Sec.  60.5015  What must I include in my state plan?

    (a) You must include the nine items described in paragraphs (a)(1)
through (a)(9) of this section in your state plan.
    (1) Inventory of affected SSI units, including those that have
ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected SSI units in your state.
    (3) Compliance schedules for each affected SSI unit.
    (4) Emission limits, emission standards, operator training and
qualification requirements, and operating limits for affected SSI units
that are at least as protective as the emission guidelines contained in
this subpart.
    (5) Performance testing, recordkeeping, and reporting requirements.
    (6) Certification that the hearing on the state plan 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.
    (7) Provision for state progress reports to EPA.
    (8) Identification of enforceable state mechanisms that you
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of your state's legal authority to carry out the
sections 111(d) and 129 state plan.
    (b) Your state plan may deviate from the format and content of the
emission guidelines contained in this subpart. However, if your state
plan does deviate in content, you must demonstrate that your state plan
is at least as protective as the emission guidelines contained in this
subpart. Your state plan must address regulatory applicability,
increments of progress for retrofit, operator training and
qualification, emission limits and standards, performance testing,
operating limits, monitoring, and recordkeeping and reporting.
    (c) You must follow the requirements of subpart B of this part
(Adoption and Submittal of state plans for Designated Facilities) in
your state plan.

Sec.  60.5020  Is there an approval process for my state plan?

    Yes. The EPA will review your state plan according to Sec.  60.27.

Sec.  60.5025  What if my state plan is not approvable?

    If you do not submit an approvable state plan (or a negative
declaration letter) by March 21, 2013, EPA will develop a Federal plan
according to Sec.  60.27 to implement the emission guidelines contained
in this subpart. Owners and operators of SSI 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.

Sec.  60.5030  Is there an approval process for a negative declaration
letter?

    No. The EPA has no formal review process for negative declaration
letters. Once your negative declaration letter has been received, EPA
will place a copy in the public docket and publish a notice in the
Federal Register. If, at a later date, a SSI unit for which
construction commenced on or before October 14, 2010 is found in your
state, the Federal plan implementing the emission guidelines contained
in this subpart would automatically apply to that SSI unit until your
state plan is approved.

Sec.  60.5035  What compliance schedule must I include in my state
plan?

    (a) For SSI units that commenced construction on or before October
14, 2010, your state plan must include compliance schedules that
require SSI 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 (a)(2) of
this section.
    (1) March 21, 2016.
    (2) Three years after the effective date of state plan approval.
    (b) For compliance schedules that extend more than 1 year following
the effective date of state plan approval, state plans must include
dates for enforceable increments of progress as specified in Sec.
60.5090.

Sec.  60.5040  Are there any state plan requirements for this subpart
that apply instead of the requirements specified in subpart B?

    Yes. Subpart B establishes general requirements for developing and
processing section 111(d) state plans. This subpart applies instead of
the requirements in subpart B of this part, as specified in paragraphs
(a) and (b) of this section:
    (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 SSI units to comply by the dates specified in
Sec.  60.5035. This applies instead of the option for case-by-case less
stringent emission standards and longer compliance schedules in Sec.
60.24(f).
    (b) State plans developed to implement this subpart are required to
include two increments of progress for the affected SSI units. These
two minimum increments are the final control plan submittal date and
final compliance date in Sec.  60.21(h)(1) and (5). This applies
instead of the requirement of Sec.  60.24(e)(1) that would require a
state plan to include all five increments of progress for all SSI
units.

Sec.  60.5045  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 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.  60.5015(a)(1), (a)(2), and (a)(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 SSI 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, provided 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.

Sec.  60.5050  What authorities will not be delegated to state, local,
or tribal agencies?

    The authorities that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (a) through (g) of this
section.
    (a) Approval of alternatives to the emission limits and standards
in Tables 2 and 3 to this subpart and operating limits established
under Sec.  60.5175 or Sec.  60.5190.
    (b) Approval of major alternatives to test methods.
    (c) Approval of major alternatives to monitoring.
    (d) Approval of major alternatives to recordkeeping and reporting.
    (e) The requirements in Sec.  60.5175.
    (f) The requirements in Sec.  60.5155(b)(2).
    (g) Performance test and data reduction waivers under Sec.
60.8(b).

Sec.  60.5055  Does this subpart directly affect SSI unit owners and
operators in my state?

    (a) No. This subpart does not directly affect SSI unit owners and
operators in your state. However, SSI unit owners and operators must
comply with the state plan you develop to implement the emission
guidelines contained in this subpart. States may choose to incorporate
the model rule text directly in their state plan.
    (b) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by March 21, 2012, EPA
will implement and enforce a Federal plan, as provided in Sec.
60.5025, to ensure that each unit within your state that commenced
construction on or before October 14, 2010 reaches compliance with all
the provisions of this subpart by the dates specified in Sec.  60.5035.

Applicability of State Plans

Sec.  60.5060  What SSI units must I address in my state plan?

    (a) Your state plan must address SSI units that meet all three
criteria described in paragraphs (a)(1) through (3) of this section.
    (1) SSI units in your state that commenced construction on or
before October 14, 2010.
    (2) SSI units that meet the definition of a SSI unit as defined in
Sec.  60.5250.
    (3) SSI units not exempt under Sec.  60.5065.
    (b) If the owner or operator of a SSI unit makes changes that meet
the definition of modification after September 21, 2011, the SSI unit
becomes subject to subpart LLLL of this part and the state plan no
longer applies to that unit.
    (c) If the owner or operator of a SSI unit makes physical or
operational changes to a SSI unit for which construction commenced on
or before September 21, 2011 primarily to comply with your state plan,
subpart LLLL of this part does not apply to that unit. Such changes do
not qualify as modifications under subpart LLLL of this part.

Sec.  60.5065  What SSI units are exempt from my state plan?

    This subpart exempts combustion units that incinerate sewage sludge
and are not located at a wastewater treatment facility designed to
treat domestic sewage sludge. These units may be subject to another
subpart of this part (e.g., subpart CCCC of this part). The owner or
operator of such a combustion unit must notify the Administrator of an
exemption claim under this section.

Use of Model Rule

Sec.  60.5070  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of these emission guidelines
(Sec. Sec.  60.5085 through 60.5250) that addresses the regulatory
requirements applicable to SSI units. The model rule provides these
requirements in regulation format. You must develop a state plan that
is at least as protective as the model rule. You may use the model rule
language as part of your state plan. Alternative language may be used
in your state plan if you demonstrate that the alternative language is
at least as protective as the model rule contained in this subpart.
    (b) In the model rule of Sec. Sec.  60.5085 through 60.5250,
``you'' and ``Administrator'' have the meaning specified in Sec.
60.5250.

Sec.  60.5075  How does the model rule relate to the required elements
of my state plan?

    Use the model rule to satisfy the state plan requirements specified
in Sec.  60.5015(a)(3) through (a)(5).

Sec.  60.5080  What are the principal components of the model rule?

    The model rule contains the nine major components listed in
paragraphs (a) through (i) of this section.
    (a) Increments of progress toward compliance.
    (b) Operator training and qualification.
    (c) Emission limits, emission standards, and operating limits.
    (d) Initial compliance requirements.
    (e) Continuous compliance requirements.
    (f) Performance testing, monitoring, and calibration requirements.
    (g) Recordkeeping and reporting.
    (h) Definitions.
    (i) Tables.

Model Rule--Increments of Progress

Sec.  60.5085  What are my requirements for meeting increments of
progress and achieving final compliance?

    If you plan to achieve compliance more than 1 year following the
effective date of state plan approval, you must meet the two increments
of progress specified in paragraphs (a) and (b) of this section.
    (a) Submit a final control plan.
    (b) Achieve final compliance.

Sec.  60.5090  When must I complete each increment of progress?

    Table 1 to this subpart specifies compliance dates for each
increment of progress.

Sec.  60.5095  What must I include in the notifications of achievement
of increments of progress?

    Your notification of achievement of increments of progress must
include the three items specified in paragraphs (a) through (c) of this
section.
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with each increment of
progress.
    (c) Signature of the owner or operator of the SSI unit.

Sec.  60.5100  When must I submit the notifications of achievement of
increments of progress?

    Notifications for achieving increments of progress must be
postmarked no later than 10 business days after the compliance date for
the increment.

Sec.  60.5105  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a
notification to the Administrator postmarked within 10 business days
after the date for that increment of progress in Table 1 to this
subpart. You must inform the Administrator that you did not meet the
increment, and you must continue to submit reports each subsequent
calendar month until the increment of progress is met.

Sec.  60.5110  How do I comply with the increment of progress for
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the
two

requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the four items
described in paragraphs (a)(1) through (a)(4) of this section.
    (1) A description of the devices for air pollution control and
process changes that you will use to comply with the emission limits
and standards and other requirements of this subpart.
    (2) The type(s) of waste to be burned, if waste other than sewage
sludge is burned in the unit.
    (3) The maximum design sewage sludge burning capacity.
    (4) If applicable, the petition for site-specific operating limits
under Sec.  60.5175.
    (b) Maintain an onsite copy of the final control plan.

Sec.  60.5115  How do I comply with the increment of progress for
achieving final compliance?

    For the final compliance increment of progress, you must complete
all process changes and retrofit construction of control devices, as
specified in the final control plan, so that, if the affected SSI unit
is brought online, all necessary process changes and air pollution
control devices would operate as designed.

Sec.  60.5120  What must I do if I close my SSI unit and then restart
it?

    (a) If you close your SSI unit but will restart it prior to the
final compliance date in your state plan, you must meet the increments
of progress specified in Sec.  60.5085.
    (b) If you close your SSI unit but will restart it after your final
compliance date, you must complete emission control retrofits and meet
the emission limits, emission standards, and operating limits on the
date your unit restarts operation.

Sec.  60.5125  What must I do if I plan to permanently close my SSI
unit and not restart it?

    If you plan to close your SSI unit rather than comply with the
state plan, submit a closure notification, including the date of
closure, to the Administrator by the date your final control plan is
due.

Model Rule--Operator Training and Qualification

Sec.  60.5130  What are the operator training and qualification
requirements?

    (a) A SSI unit cannot be operated unless a fully trained and
qualified SSI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified SSI
unit operator may operate the SSI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified SSI unit operators are temporarily not accessible, you
must follow the procedures in Sec.  60.5155.
    (b) Operator training and qualification must be obtained through a
state-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (c)(3) of this section.
    (1) Training on the 10 subjects listed in paragraphs (c)(1)(i)
through (c)(1)(x) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, sewage sludge feeding, and
shutdown procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices.
    (vii) Actions to prevent malfunctions or to prevent conditions that
may lead to malfunctions.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (2) An examination designed and administered by the state-approved
program.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec.  60.5135  When must the operator training course be completed?

    The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date (Increment 2).
    (b) Six months after your SSI unit startup.
    (c) Six months after an employee assumes responsibility for
operating the SSI unit or assumes responsibility for supervising the
operation of the SSI unit.

Sec.  60.5140  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec.  60.5130(b).
    (b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec.  60.5130(c)(2).

Sec.  60.5145  How do I maintain my operator qualification?

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

Sec.  60.5150  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification before you begin
operation of a SSI unit by one of the two methods specified in
paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec.  60.5145.
    (b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec.  60.5140(a).

Sec.  60.5155  What if all the qualified operators are temporarily not
accessible?

    If a qualified operator is not at the facility and cannot be at the
facility within 1 hour, you must meet the criteria specified in either
paragraph (a) or (b) of this section, depending on the length of time
that a qualified operator is not accessible.
    (a) When a qualified operator is not accessible for more than 8
hours, the SSI unit may be operated for less than 2 weeks by other
plant personnel who are familiar with the operation of the SSI unit and
who have completed a review of the information specified in Sec.
60.5160 within the past 12 months. However, you must record the period
when a qualified operator was not accessible and include this deviation
in the annual report as specified under Sec.  60.5235(d).
    (b) When a qualified operator is not accessible for 2 weeks or
more, you must take the two actions that are

described in paragraphs (b)(1) and (b)(2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible, and requesting approval from the Administrator to
continue operation of the SSI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section.
    (i) If the Administrator notifies you that your request to continue
operation of the SSI unit is disapproved, the SSI unit may continue
operation for 30 days, and then must cease operation.
    (ii) Operation of the unit may resume if a qualified operator is
accessible as required under Sec.  60.5130(a). You must notify the
Administrator within 5 days of having resumed operations and of having
a qualified operator accessible.

Sec.  60.5160  What site-specific documentation is required and how
often must it be reviewed by qualified operators and plant personnel?

    (a) You must maintain at the facility the documentation of the
operator training procedures specified under Sec.  60.5230(c)(1) and
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information
listed in Sec.  60.5230(c)(1) with each qualified incinerator operator
and other plant personnel who may operate the unit according to the
provisions of Sec.  60.5155(a), according to the following schedule:
    (1) The initial review of the information listed in Sec.
60.5230(c)(1) must be conducted within 6 months after the effective
date of this subpart or prior to an employee's assumption of
responsibilities for operation of the SSI unit, whichever date is
later.
    (2) Subsequent annual reviews of the information listed in Sec.
60.5230(c)(1) must be conducted no later than 12 months following the
previous review.

Model Rule--Emission Limits, Emission Standards, and Operating Limits
and Requirements

Sec.  60.5165  What emission limits and standards must I meet and by
when?

    You must meet the emission limits and standards specified in Table
2 or 3 to this subpart by the final compliance date under the approved
state plan, Federal plan, or delegation, as applicable. The emission
limits and standards apply at all times the unit is operating and
during periods of malfunction. The emission limits and standards apply
to emissions from a bypass stack or vent while sewage sludge is in the
combustion chamber (i.e., until the sewage sludge feed to the combustor
has been cut off for a period of time not less than the sewage sludge
incineration residence time).

Sec.  60.5170  What operating limits and requirements must I meet and
by when?

    You must meet, as applicable, the operating limits and requirements
specified in paragraphs (a) through (d) and (h) of this section,
according to the schedule specified in paragraph (e) of this section.
The operating parameters for which you will establish operating limits
for a wet scrubber, fabric filter, electrostatic precipitator, or
activated carbon injection are listed in Table 4 to this subpart. You
must comply with the operating requirements in paragraph (f) of this
section and the requirements in paragraph (g) of this section for
meeting any new operating limits, re-established in Sec.  60.5210. The
operating limits apply at all times that sewage sludge is in the
combustion chamber (i.e., until the sewage sludge feed to the combustor
has been cut off for a period of time not less than the sewage sludge
incineration residence time).
    (a) You must meet a site-specific operating limit for minimum
operating temperature of the combustion chamber (or afterburner
combustion chamber) that you establish in Sec.  60.5190.
    (b) If you use a wet scrubber, electrostatic precipitator,
activated carbon injection, or afterburner to comply with an emission
limit, you must meet the site-specific operating limits that you
establish in Sec.  60.5190 for each operating parameter associated with
each air pollution control device.
    (c) If you use a fabric filter to comply with the emission limits,
you must install the bag leak detection system specified in Sec. Sec.
60.5200(b) and 60.5225(b)(3)(i) and operate the bag leak detection
system such that the alarm does not sound more than 5 percent of the
operating time during a 6-month period. You must calculate the alarm
time as specified in Sec.  60.5210(a)(2)(i).
    (d) You must meet the operating requirements in your site-specific
fugitive emission monitoring plan, submitted as specified in Sec.
60.5200(d) to ensure that your ash handling system will meet the
emission standard for fugitive emissions from ash handling.
    (e) You must meet the operating limits and requirements specified
in paragraphs (a) through (d) of this section by the final compliance
date under the approved state plan, Federal plan, or delegation, as
applicable.
    (f) You must monitor the feed rate and moisture content of the
sewage sludge fed to the sewage sludge incinerator, as specified in
paragraphs (f)(1) and (f)(2) of this section.
    (1) Continuously monitor the sewage sludge feed rate and calculate
a daily average for all hours of operation during each 24-hour period.
Keep a record of the daily average feed rate, as specified in Sec.
60.5230(f)(3)(ii).
    (2) Take at least one grab sample per day of the sewage sludge fed
to the sewage sludge incinerator. If you take more than one grab sample
in a day, calculate the daily average for the grab samples. Keep a
record of the daily average moisture content, as specified in Sec.
60.5230(f)(3)(ii).
    (g) For the operating limits and requirements specified in
paragraphs (a) through (d) and (h) of this section, you must meet any
new operating limits and requirements, re-established according to
Sec.  60.5210(d).
    (h) If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator, or activated
carbon injection to comply with the emission limits in Table 2 or 3 to
this subpart, you must meet any site-specific operating limits or
requirements that you establish as required in Sec.  60.5175.

Sec.  60.5175  How do I establish operating limits if I do not use a
wet scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some other
manner, to comply with the emission limits?

    If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator, activated carbon
injection, or afterburner, or limit emissions in some other manner
(e.g., materials balance) to comply with the emission limits in Sec.
60.5165, you must meet the requirements in paragraphs (a) and (b) of
this section.
    (a) Meet the applicable operating limits and requirements in Sec.
60.4850, and establish applicable operating limits according to Sec.
60.5190.

    (b) Petition the Administrator for specific operating parameters,
operating limits, and averaging periods to be established during the
initial performance test and to be monitored continuously thereafter.
    (1) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. You must not conduct the
initial performance test until after the petition has been approved by
the Administrator, and you must comply with the operating limits as
written, pending approval by the Administrator. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart.
    (2) Your petition must include the five items listed in paragraphs
(b)(2)(i) through (b)(2)(v) of this section.
    (i) Identification of the specific parameters you propose to
monitor.
    (ii) 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.
    (iii) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters, including a discussion of the averaging periods
associated with those parameters for determining compliance.
    (iv) 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.
    (v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec.  60.5180  Do the emission limits, emission standards, and
operating limits apply during periods of startup, shutdown, and
malfunction?

    The emission limits and standards apply at all times and during
periods of malfunction. The operating limits apply at all times that
sewage sludge is in the combustion chamber (i.e., until the sewage
sludge feed to the combustor has been cut off for a period of time not
less than the sewage sludge incineration residence time). For
determining compliance with the CO concentration limit using CO CEMS,
the correction to 7 percent oxygen does not apply during periods of
startup or shutdown. Use the measured CO concentration without
correcting for oxygen concentration in averaging with other CO
concentrations (corrected to 7 percent O2) to determine the
24-hour average value.

Sec.  60.5181  How do I establish an affirmative defense for exceedance
of an emission limit or standard during malfunction?

    In response to an action to enforce the numerical emission
standards set forth in paragraph Sec.  60.5165, you may assert an
affirmative defense to a claim for civil penalties for exceedances of
emission limits that are caused by malfunction, as defined in Sec.
60.2. Appropriate penalties may be assessed however, if you fail to
meet your burden of proving all of the requirements in the affirmative
defense. The affirmative defense shall not be available for claims for
injunctive relief.
    (a) To establish the affirmative defense in any action to enforce
such a limit, you must timely meet the notification requirements in
paragraph (b) of this section, and must prove by a preponderance of
evidence that the conditions in paragraphs (a)(1) through (a)(9) of
this section are met.
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner, and (ii) Could not have
been prevented through careful planning, proper design or better
operation and maintenance practices, and (iii) Did not stem from any
activity or event that could have been foreseen and avoided, or planned
for, and
    (iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance, and
    (2) Repairs were made as expeditiously as possible when the
applicable emission limits were being exceeded. Off-shift and overtime
labor were used, to the extent practicable to make these repairs, and
(3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions, and (4) If the excess emissions
resulted from a bypass of control equipment or a process, then the
bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage, and
    (5) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health, and
    (6) All emissions monitoring and control systems were kept in
operation if at all possible consistent with safety and good air
pollution control practices, and
    (7) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs, and
    (8) At all times, the affected facility was operated in a manner
consistent with good practices for minimizing emissions, and
    (9) A written root cause analysis has been prepared the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (b) The owner or operator of the SSI unit experiencing an
exceedance of its emission limit(s) during a malfunction, shall notify
the Administrator by telephone or facsimile (fax) transmission as soon
as possible, but no later than 2 business days after the initial
occurrence of the malfunction, if it wishes to avail itself of an
affirmative defense to civil penalties for that malfunction. The owner
or operator seeking to assert an affirmative defense shall also submit
a written report to the Administrator within 45 days of the initial
occurrence of the exceedance of the standard in Sec.  60.5165 to
demonstrate, with all necessary supporting documentation, that it has
met the requirements set forth in paragraph (a) of this section. The
owner or operator may seek an extension of this deadline for up to 30
additional days by submitting a written request to the Administrator
before the expiration of the 45 day period. Until a request for an
extension has been approved by the Administrator, the owner or operator
is subject to the requirement to submit such report within 45 days of
the initial occurrence of the exceedance.

Model Rule--Initial Compliance Requirements

Sec.  60.5185  How and when do I demonstrate initial compliance with
the emission limits and standards?

    To demonstrate initial compliance with the emission limits and
standards in Table 2 or 3 to this subpart, use the procedures specified
in paragraph (a) of this section. In lieu of using the procedures
specified in paragraph (a) of this section, you have the option to
demonstrate initial compliance using the procedures specified in
paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic

equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead, and fugitive emissions from ash handling. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
60.5220(a) and (b).
    (a) Demonstrate initial compliance using the performance test
required in Sec.  60.8. You must demonstrate that your SSI unit meets
the emission limits and standards specified in Table 2 or 3 to this
subpart for particulate matter, hydrogen chloride, carbon monoxide,
dioxins/furans (total mass basis or toxic equivalency basis), mercury,
nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive emissions
from ash handling using the performance test. The initial performance
test must be conducted using the test methods, averaging methods, and
minimum sampling volumes or durations specified in Table 2 or 3 to this
subpart and according to the testing, monitoring, and calibration
requirements specified in Sec.  60.5220(a).
    (1) Except as provided in paragraph (e) of this section, you must
demonstrate that your SSI unit meets the emission limits and standards
specified in Table 2 or 3 to this subpart by your final compliance date
(see Table 1 to this subpart).
    (2) You may use the results from a performance test conducted
within the 2 previous years that was conducted under the same
conditions and demonstrated compliance with the emission limits and
standards in Table 2 or 3 to this subpart, provided no process changes
have been made since you conducted that performance test. However, you
must continue to meet the operating limits established during the most
recent performance test that demonstrated compliance with the emission
limits and standards in Table 2 or 3 to this subpart. The performance
test must have used the test methods specified in Table 2 or 3 to this
subpart.
    (b) Demonstrate initial compliance using a continuous emissions
monitoring system or continuous automated sampling system. The option
to use a continuous emissions monitoring system for hydrogen chloride,
dioxins/furans, cadmium, or lead takes effect on the date a final
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium, or lead is published in the Federal Register. The
option to use a continuous automated sampling system for dioxins/furans
takes effect on the date a final performance specification for such a
continuous automated sampling system is published in the Federal
Register. Collect data as specified in Sec.  60.5220(b)(6) and use the
following procedures:
    (1) To demonstrate initial compliance with the emission limits
specified in Table 2 or 3 to this subpart for particulate matter,
hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or
toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide,
cadmium, and lead, you may substitute the use of a continuous
monitoring system in lieu of conducting the initial performance test
required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
in lieu of conducting the initial performance test for that pollutant
in paragraph (a) of this section. For determining compliance with the
carbon monoxide concentration limit using carbon monoxide CEMS, the
correction to 7 percent oxygen does not apply during periods of startup
or shutdown. Use the measured carbon monoxide concentration without
correcting for oxygen concentration in averaging with other carbon
monoxide concentrations (corrected to 7 percent oxygen) to determine
the 24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
    (2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in Table 2 or
3 to this subpart, as described in paragraph (b)(1) of this section,
you must use the continuous emissions monitoring system and follow the
requirements specified in Sec.  60.5220(b). You must measure emissions
according to Sec.  60.13 to calculate 1-hour arithmetic averages,
corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate
initial compliance using a 24-hour block average of these 1-hour
arithmetic average emission concentrations, calculated using Equation
19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in Table 2 or
3 to this subpart, as described in paragraph (b)(1) of this section,
you must:
    (i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate
24-hour block averages to determine compliance with the mercury
emission limit in Table 2 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week block averages to determine compliance with the dioxin/furan
(total mass basis or toxic equivalency basis) emission limit in Table 2
to this subpart.
    (ii) Comply with the provisions in Sec.  60.58b(q) to develop a
monitoring plan. For mercury continuous automated sampling systems, you
must use Performance Specification 12B of appendix B of part 75 and
Procedure 5 of appendix F of this part.
    (4) Except as provided in paragraph (e) of this section, you must
complete your initial performance evaluations required under your
monitoring plan for any continuous emissions monitoring systems and
continuous automated sampling systems by your final compliance date
(see Table 1 to this subpart). Your performance evaluation must be
conducted using the procedures and acceptance criteria specified in
Sec.  60.5200(a)(3).
    (c) To demonstrate initial compliance with the dioxins/furans toxic
equivalency emission limit in Table 2 or 3 to this subpart, determine
dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through
octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7.
    (2) Multiply the concentration of each dioxin/furan (tetra- through
octa-chlorinated) isomer by its corresponding toxic equivalency factor
specified in Table 5 to this subpart. (3) Sum the products calculated
in accordance with paragraph (c)(2) of this section to obtain the total
concentration of dioxins/furans emitted in terms of toxic equivalency.
    (d) Submit an initial compliance report, as specified in Sec.
60.5235(b).
    (e) If you demonstrate initial compliance using the performance
test specified in paragraph (a) of this section, then the provisions of
this paragraph (e) apply. If a force majeure is about to occur, occurs,
or has occurred for which you intend to assert a claim of force
majeure, you must notify the Administrator in writing as specified in
Sec.  60.5235(g). You must conduct the initial performance test as soon
as practicable after the force majeure occurs. The Administrator will
determine whether or not to grant the extension to the initial
performance test

deadline, and will notify you in writing of approval or disapproval of
the request for an extension as soon as practicable. Until an extension
of the performance test deadline has been approved by the
Administrator, you remain strictly subject to the requirements of this
subpart.

Sec.  60.5190  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified
in paragraphs (b) through (h) of this section or established in Sec.
60.5175, as applicable, during your initial performance tests required
in Sec.  60.5185. You must meet the requirements in Sec.  60.5210(d) to
confirm these operating limits or re-establishre-establish new
operating limits using operating data recorded during any performance
tests or performance evaluations required in Sec.  60.5205. You must
follow the data measurement and recording frequencies and data
averaging times specified in Table 4 to this subpart or as established
in Sec.  60.5175, and you must follow the testing, monitoring, and
calibration requirements specified in Sec. Sec.  60.5220 and 60.5225 or
established in Sec.  60.5175. You are not required to establish
operating limits for the operating parameters listed in Table 4 to this
subpart for a control device if you use a continuous monitoring system
to demonstrate compliance with the emission limits in Table 2 or 3 to
this subpart for the applicable pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen
chloride or sulfur dioxide, you are not required to establish an
operating limit and monitor scrubber liquid flow rate or scrubber
liquid pH if you use the continuous monitoring system specified in
Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate compliance with the
emission limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate
matter, cadmium, and lead, you are not required to establish an
operating limit and monitor pressure drop across the scrubber or
scrubber liquid flow rate if you use the continuous monitoring system
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for particulate matter, cadmium, and
lead.
    (3) For an electrostatic precipitator designed to control emissions
of particulate matter, cadmium, and lead, you are not required to
establish an operating limit and monitor secondary voltage of the
collection plates, secondary amperage of the collection plates, or
effluent water flow rate at the outlet of the electrostatic
precipitator if you use the continuous monitoring system specified in
Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate compliance with the
emission limit for particulate matter, lead, and cadmium.
    (4) For an activated carbon injection system designed to control
emissions of mercury, you are not required to establish an operating
limit and monitor sorbent injection rate and carrier gas flow rate (or
carrier gas pressure drop) if you use the continuous monitoring system
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for mercury.
    (5) For an activated carbon injection system designed to control
emissions of dioxins/furans, you are not required to establish an
operating limit and monitor sorbent injection rate and carrier gas flow
rate (or carrier gas pressure drop) if you use the continuous
monitoring system specified in Sec. Sec.  60.4865(b) and 60.4885(b) to
demonstrate compliance with the emission limit for dioxins/furans
(total mass basis or toxic equivalency basis).
    (b) Minimum pressure drop across each wet scrubber used to meet the
particulate matter, lead, and cadmium emission limits in Table 2 or 3
to this subpart, equal to the lowest 4-hour average pressure drop
across each such wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter,
lead, and cadmium emission limits.
    (c) Minimum scrubber liquid flow rate (measured at the inlet to
each wet scrubber), equal to the lowest 4-hour average liquid flow rate
measured during the most recent performance test demonstrating
compliance with all applicable emission limits. (d) Minimum scrubber
liquid pH for each wet scrubber used to meet the sulfur dioxide or
hydrogen chloride emission limits in Table 2 or 3 to this subpart,
equal to the lowest 1-hour average scrubber liquid pH measured during
the most recent performance test demonstrating compliance with the
sulfur dioxide and hydrogen chloride emission limits.
    (e) Minimum combustion chamber operating temperature (or minimum
afterburner temperature), equal to the lowest 4-hour average combustion
chamber operating temperature (or afterburner temperature) measured
during the most recent performance test demonstrating compliance with
all applicable emission limits.
    (f) Minimum power input to the electrostatic precipitator
collection plates, equal to the lowest 4-hour average secondary
electric power measured during the most recent performance test
demonstrating compliance with the particulate matter, lead, and cadmium
emission limits. Power input must be calculated as the product of the
secondary voltage and secondary amperage to the electrostatic
precipitator collection plates. Both the secondary voltage and
secondary amperage must be recorded during the performance test. (g)
Minimum effluent water flow rate at the outlet of the electrostatic
precipitator, equal to the lowest 4-hour average effluent water flow
rate at the outlet of the electrostatic precipitator measured during
the most recent performance test demonstrating compliance with the
particulate matter, lead, and cadmium emission limits. (h) For
activated carbon injection, establish the site-specific operating
limits specified in paragraphs (h)(1) through (h)(3) of this section.
    (1) Minimum mercury sorbent injection rate, equal to the lowest 4-
hour average mercury sorbent injection rate measured during the most
recent performance test demonstrating compliance with the mercury
emission limit.
    (2) Minimum dioxin/furan sorbent injection rate, equal to the
lowest 4-hour average dioxin/furan sorbent injection rate measured
during the most recent performance test demonstrating compliance with
the dioxin/furan (total mass basis or toxic equivalency basis) emission
limit.
    (3) Minimum carrier gas flow rate or minimum carrier gas pressure
drop, as follows:
    (i) Minimum carrier gas flow rate, equal to the lowest 4-hour
average carrier gas flow rate measured during the most recent
performance test demonstrating compliance with the applicable emission
limit.
    (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour
average carrier gas flow rate measured during the most recent
performance test demonstrating compliance with the applicable emission
limit.

Sec.  60.5195  By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?

    (a) You must conduct an air pollution control device inspection
according to Sec.  60.5220(c) by the final compliance date under the
approved state plan, Federal plan, or delegation, as applicable. For
air pollution control devices installed after the final compliance
date, you must conduct the air pollution control device inspection
within 60 days after installation of the control device.

    (b) Within 10 operating days following the air pollution control
device inspection under paragraph (a) of this section, all necessary
repairs must be completed unless you obtain written approval from the
Administrator establishing a date whereby all necessary repairs of the
SSI unit must be completed.

Sec.  60.5200  How do I develop a site-specific monitoring plan for my
continuous monitoring, bag leak detection, and ash handling systems,
and by what date must I conduct an initial performance evaluation?

    You must develop and submit to the Administrator for approval a
site-specific monitoring plan for each continuous monitoring system
required under this subpart, according to the requirements in
paragraphs (a) through (c) of this section. This requirement also
applies to you if you petition the Administrator for alternative
monitoring parameters under Sec.  60.13(i) and paragraph (e) of this
section. If you use a continuous automated sampling system to comply
with the mercury or dioxin/furan (total mass basis or toxic equivalency
basis) emission limits, you must develop your monitoring plan as
specified in Sec.  60.58b(q), and you are not required to meet the
requirements in paragraphs (a) and (b) of this section. You must also
submit a site-specific monitoring plan for your ash handling system, as
specified in paragraph (d) of this section. You must submit and update
your monitoring plans as specified in paragraphs (f) through (h) of
this section.
    (a) For each continuous monitoring system, your monitoring plan
must address the elements and requirements specified in paragraphs
(a)(1) through (a)(8) of this section. You must operate and maintain
the continuous monitoring system in continuous operation according to
the site-specific monitoring plan.
    (1) 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).
    (2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
    (i) For continuous emissions monitoring systems, your performance
evaluation and acceptance criteria must include, but is not limited to,
the following:
    (A) The applicable requirements for continuous emissions monitoring
systems specified in Sec.  60.13.
    (B) The applicable performance specifications (e.g., relative
accuracy tests) in appendix B of this part.
    (C) The applicable procedures (e.g., quarterly accuracy
determinations and daily calibration drift tests) in appendix F of this
part.
    (D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in section (a)(7)(i) of this section.
    (ii) For continuous parameter monitoring systems, your performance
evaluation and acceptance criteria must include, but is not limited to,
the following:
    (A) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs
(a)(3)(ii)(A)(1) through (4) of this section.
    (1) Install 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 no greater
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
    (B) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (a)(3)(ii)(B)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., particulate matter
scrubber pressure drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
    (C) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1)
through (4) of this section.
    (1) Install 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) Conduct a performance evaluation of the pH monitoring system in
accordance with your monitoring plan at least once each process
operating day.
    (4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the operating limit pH level) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a
temperature measurement device, you must meet the requirements in
paragraphs (a)(3)(ii)(D)(1) through (4) of this section.
    (1) Install the temperature sensor and other necessary equipment in
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8
degrees Celsius (5 degrees Fahrenheit), or 1.0 percent of the
temperature value, whichever is larger, for a noncryogenic temperature
range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8
degrees Celsius (5 degrees Fahrenheit), or 2.5 percent of the
temperature value, whichever is larger, for a cryogenic temperature
range.
    (4) Conduct a temperature measurement device performance evaluation
at the time of each performance test but no less frequently than
annually.
    (E) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the

requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of this section.
    (1) Install sensors to measure (secondary) voltage and current to
the electrostatic precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (F) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (4) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.  60.11(d).
    (5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13.
    (6) 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).
    (7) Provisions for periods when the continuous monitoring system is
out of control, as follows:
    (i) A continuous monitoring system is out of control if the
conditions of paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of this section
are met.
    (A) 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.
    (B) 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.
    (ii) When the continuous monitoring system is out of control as
specified in paragraph (a)(7)(i) of this section, you must take the
necessary corrective action and must repeat all necessary tests that
indicate that the system is out of control. You must take corrective
action and conduct retesting until the performance requirements are
below the applicable limits. The beginning of the out-of-control period
is the hour you conduct a performance check (e.g., calibration drift)
that indicates an exceedance of the performance requirements
established under this part. The end of the out-of-control period is
the hour following the completion of corrective action and successful
demonstration that the system is within the allowable limits.
    (8) Schedule for conducting initial and periodic performance
evaluations of your continuous monitoring systems.
    (b) If a bag leak detection system is used, your monitoring plan
must include a description of the following items:
    (1) Installation of the bag leak detection system in accordance
with paragraphs (b)(1)(i) and (ii) of this section.
    (i) Install the bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter.
    (ii) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
    (2) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established. Use a
bag leak detection system equipped with a system that will sound an
alarm when the system detects an increase in relative particulate
matter emissions over a preset level. The alarm must be located where
it is observed readily and any alert is detected and recognized easily
by plant operating personnel.
    (3) Evaluations of the performance of the bag leak detection
system, performed in accordance with your monitoring plan and
consistent with the guidance provided in Fabric Filter Bag Leak
Detection Guidance, EPA-454/R-98-015, September 1997 (incorporated by
reference, see Sec.  60.17).
    (4) Operation of the bag leak detection system, including quality
assurance procedures.
    (5) Maintenance of the bag leak detection system, including a
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak
detection system data. Use a bag leak detection system equipped with a
device to continuously record the output signal from the sensor. (c)
You must conduct an initial performance evaluation of each continuous
monitoring system and bag leak detection system, as applicable, in
accordance with your monitoring plan and to Sec.  60.13(c). For the
purpose of this subpart, the provisions of Sec.  60.13(c) also apply to
the bag leak detection system. You must conduct the initial performance
evaluation of each continuous monitoring system within 60 days of
installation of the monitoring system
    (d) You must submit a monitoring plan specifying the ash handling
system operating procedures that you will follow to ensure that you
meet the fugitive emissions limit specified in Table 2 or 3 to this
subpart.
    (e) You may submit an application to the Administrator for approval
of alternate monitoring requirements to demonstrate compliance with the
standards of this subpart, subject to the provisions of paragraphs
(e)(1) through (e)(6) of this section.
    (1) The Administrator will not approve averaging periods other than
those specified in this section, unless you document, using data or
information, that the longer averaging period will ensure that
emissions do not exceed levels achieved over the duration of three
performance test runs.
    (2) If the application to use an alternate monitoring requirement
is approved, you must continue to use the original monitoring
requirement until approval is received to use another monitoring
requirement.
    (3) You must submit the application for approval of alternate
monitoring requirements no later than the notification of performance
test. The application must contain the information specified in
paragraphs (e)(3)(i) through (e)(3)(iii) of this section:
    (i) Data or information justifying the request, such as the
technical or economic infeasibility, or the impracticality of using the
required approach.
    (ii) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach and technique, the averaging period for the limit,
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative
monitoring requirement would provide equivalent or better assurance of
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of
the application within 90 calendar days after receipt of the original
request, or within 60 calendar days of the receipt of any supplementary
information, whichever is later. The Administrator will not approve an
alternate monitoring application unless it would provide

equivalent or better assurance of compliance with the relevant emission
standard. Before disapproving any alternate monitoring application, the
Administrator will provide the following:
    (i) Notice of the information and findings upon which the intended
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting
information before final action is taken on the application. This
notice will specify how much additional time is allowed for you to
provide additional supporting information.
    (5) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart.
    (6) The Administrator may decide at any time, on a case-by-case
basis, that additional or alternative operating limits, or alternative
approaches to establishing operating limits, are necessary to
demonstrate compliance with the emission standards of this subpart.
    (f) You must submit your monitoring plans required in paragraphs
(a) and (b) of this section at least 60 days before your initial
performance evaluation of your continuous monitoring system(s).
    (g) You must submit your monitoring plan for your ash handling
system, as required in paragraph (d) of this section, at least 60 days
before your initial compliance test date.
    (h) You must update and resubmit your monitoring plan if there are
any changes or potential changes in your monitoring procedures or if
there is a process change, as defined in Sec.  60.5250.

Model Rule--Continuous Compliance Requirements

Sec.  60.5205  How and when do I demonstrate continuous compliance with
the emission limits and standards?

    To demonstrate continuous compliance with the emission limits and
standards specified in Table 2 or 3 to this subpart, use the procedures
specified in paragraph (a) of this section. In lieu of using the
procedures specified in paragraph (a) of this section, you have the
option to demonstrate initial compliance using the procedures specified
in paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead, and fugitive emissions from ash handling. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
60.5220(a) and (b). You may also petition the Administrator for
alternative monitoring parameters as specified in paragraph (f) of this
section.
    (a) Demonstrate continuous compliance using a performance test.
Except as provided in paragraphs (a)(3) and (e) of this section,
following the date that the initial performance test for each pollutant
in Table 2 or 3 to this subpart is completed, you must conduct a
performance test for each such pollutant on an annual basis (between 11
and 13 calendar months following the previous performance test). The
performance test must be conducted using the test methods, averaging
methods, and minimum sampling volumes or durations specified in Table 2
or 3 to this subpart and according to the testing, monitoring, and
calibration requirements specified in Sec.  60.5220(a).
    (1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward. The Administrator may request a repeat performance test at any
time.
    (2) You must repeat the performance test within 60 days of a
process change, as defined in Sec.  60.5250.
    (3) Except as specified in paragraphs (a)(1) and (2) of this
section, you can conduct performance tests less often for a given
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this
section.
    (i) You can conduct performance tests less often if your
performance tests for the pollutant for at least 2 consecutive years
show that your emissions are at or below 75 percent of the emission
limit specified in Table 2 or 3 to this subpart, and there are no
changes in the operation of the affected source or air pollution
control equipment that could increase 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 37 months after the previous performance test.(ii) If your
SSI unit continues to meet the emission limit for the pollutant, you
may choose to conduct performance tests for the pollutant every third
year if your emissions are at or below 75 percent of the emission
limit, and if there are no changes in the operation of the affected
source or air pollution control equipment that could increase
emissions, but each such performance test must be conducted no more
than 37 months after the previous performance test.
    (iii) If a performance test shows emissions exceeded 75 percent of
the emission limit for a pollutant, you must conduct annual performance
tests for that pollutant until all performance tests over 2 consecutive
years show compliance.
    (b) Demonstrate continuous compliance using a continuous emissions
monitoring system or continuous automated sampling system. The option
to use a continuous emissions monitoring system for hydrogen chloride,
dioxins/furans, cadmium, or lead takes effect on the date a final
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium, or lead is published in the Federal Register. The
option to use a continuous automated sampling system for dioxins/furans
takes effect on the date a final performance specification for such a
continuous automated sampling system is published in the Federal
Register. Collect data as specified in Sec.  60.5220(b)(6) and use the
following procedures:
    (1) To demonstrate continuous compliance with the emission limits
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans (total mass basis or toxic equivalency basis), mercury, nitrogen
oxides, sulfur dioxide, cadmium, and lead, you may substitute the use
of a continuous monitoring system in lieu of conducting the annual
performance test required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
in lieu of conducting the annual performance test for that pollutant in
paragraph (a) of this section. For determining compliance with the
carbon monoxide concentration limit using carbon monoxide CEMS, the
correction to 7 percent oxygen does not apply during periods of startup
or shutdown. Use the measured carbon monoxide concentration without
correcting for oxygen concentration in averaging with other carbon
monoxide concentrations (corrected to 7 percent oxygen) to determine
the 24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.

    (2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must use the continuous emissions
monitoring system and follow the requirements specified in Sec.
60.5220(b). You must measure emissions according to Sec.  60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or
carbon dioxide). You must demonstrate initial compliance using a 24-
hour block average of these 1-hour arithmetic average emission
concentrations, calculated using Equation 19-19 in section 12.4.1 of
Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate
24-hour averages to determine compliance with the mercury emission
limit in Table 2 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan (total mass
basis or toxic equivalency basis) emission limits in Table 2 to this
subpart.
    (ii) Update your monitoring plan as specified in Sec.  60.4880(e).
For mercury continuous automated sampling systems, you must use
Performance Specification 12B of appendix B of part 75 and Procedure 5
of appendix F of this part.
    (4) Except as provided in paragraph (e) of this section, you must
complete your periodic performance evaluations required in your
monitoring plan for any continuous emissions monitoring systems and
continuous automated sampling systems, according to the schedule
specified in your monitoring plan. If you were previously determining
compliance by conducting an annual performance test (or according to
the less frequent testing for a pollutant as provided in paragraph
(a)(3) of this section), you must complete the initial performance
evaluation required under your monitoring plan in Sec.  60.5200 for the
continuous monitoring system prior to using the continuous emissions
monitoring system to demonstrate compliance or continuous automated
sampling system. Your performance evaluation must be conducted using
the procedures and acceptance criteria specified in Sec.
60.5200(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic
equivalency emission limit in paragraph (a) or (b) of this section, you
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60,
appendix A-7.
    (2) For each dioxin/furan (tetra- through octachlorinated) isomer
measured in accordance with paragraph (c)(1) of this section, multiply
the isomer concentration by its corresponding toxic equivalency factor
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (d) You must submit an annual compliance report as specified in
Sec.  60.5235(c). You must submit a deviation report as specified in
Sec.  60.5235(d) for each instance that you did not meet each emission
limit in Table 2 to this subpart.
    (e) If you demonstrate continuous compliance using a performance
test, as specified in paragraph (a) of this section, then the
provisions of this paragraph (e) apply. If a force majeure is about to
occur, occurs, or has occurred for which you intend to assert a claim
of force majeure, you must notify the Administrator in writing as
specified in Sec.  60.5235(g). You must conduct the performance test as
soon as practicable after the force majeure occurs. The Administrator
will determine whether or not to grant the extension to the performance
test deadline, and will notify you in writing of approval or
disapproval of the request for an extension as soon as practicable.
Until an extension of the performance test deadline has been approved
by the Administrator, you remain strictly subject to the requirements
of this subpart.
    (f) After any initial requests in Sec.  60.5200 for alternative
monitoring requirements for initial compliance, you may subsequently
petition the Administrator for alternative monitoring parameters as
specified in Sec. Sec.  60.13(i) and 60.5200(e).

Sec.  60.5210  How do I demonstrate continuous compliance with my
operating limits?

    You must continuously monitor your operating parameters as
specified in paragraph (a) of this section and meet the requirements of
paragraphs (b) and (c) of this section, according to the monitoring and
calibration requirements in Sec.  60.5225. You must confirm and re-
establish your operating limits as specified in paragraph (d) of this
section.
    (a) You must continuously monitor the operating parameters
specified in paragraphs (a)(1) and (a)(2) of this section using the
continuous monitoring equipment and according to the procedures
specified in Sec.  60.5225 or established in Sec.  60.5175. To
determine compliance, you must use the data averaging period specified
in Table 4 to this subpart (except for alarm time of the baghouse leak
detection system) unless a different averaging period is established
under Sec.  60.5175.
    (1) You must demonstrate that the SSI unit meets the operating
limits established according to Sec. Sec.  60.5175 and 60.5190 and
paragraph (d) of this section for each applicable operating parameter.
    (2) You must demonstrate that the SSI unit meets the operating
limit for bag leak detection systems as follows:
    (i) For a bag leak detection system, you must calculate the alarm
time as follows:
    (A) If inspection of the fabric filter demonstrates that no
corrective action is required, no alarm time is counted.
    (B) If corrective action is required, each alarm time shall be
counted as a minimum of 1 hour.
    (C) If you take longer than 1 hour to initiate corrective action,
each alarm time (i.e., time that the alarm sounds) is counted as the
actual amount of time taken by you to initiate corrective action.
    (ii) Your maximum alarm time is equal to 5 percent of the operating
time during a 6-month period, as specified in Sec.  60.5170(c).
    (b) Operation above the established maximum, below the established
minimum, or outside the allowable range of the operating limits
specified in paragraph (a) of this section constitutes a deviation from
your operating limits established under this subpart, except during
performance tests conducted to determine compliance with the emission
and operating limits or to establish new operating limits. You must
submit the deviation report specified in Sec.  60.5235(d) for each
instance that you did not meet one of your operating limits established
under this subpart.
    (c) You must submit the annual compliance report specified in Sec.
60.5235(c) to demonstrate continuous compliance.

    (d) You must confirm your operating limits according to paragraph
(d)(1) of this section or re-establish operating limits according to
paragraph (d)(2) of this section. Your operating limits must be
established so as to assure ongoing compliance with the emission
limits. These requirements also apply to your operating requirements in
your fugitive emissions monitoring plan specified in Sec.  60.5170(d).
    (1) Your operating limits must be based on operating data recorded
during any performance test required in Sec.  60.5205(a) or any
performance evaluation required in Sec.  60.5205(b)(4).
    (2) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward.

Sec.  60.5215  By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

    (a) You must conduct an annual inspection of each air pollution
control device used to comply with the emission limits, according to
Sec.  60.5220(c), no later than 12 months following the previous annual
air pollution control device inspection.
    (b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless you
obtain written approval from the Administrator establishing a date
whereby all necessary repairs of the affected SSI unit must be
completed.

Model Rule--Performance Testing, Monitoring, and Calibration
Requirements

Sec.  60.5220  What are the performance testing, monitoring, and
calibration requirements for compliance with the emission limits and
standards?

    You must meet, as applicable, the performance testing requirements
specified in paragraph (a) of this section, the monitoring requirements
specified in paragraph (b) of this section, the air pollution control
device inspections requirements specified in paragraph (c) of this
section, and the bypass stack provisions specified in paragraph (d) of
this section.
    (a) Performance testing requirements.
    (1) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations, as
specified in Sec.  60.8(c). Emissions in excess of the emission limits
or standards during periods of startup, shutdown, and malfunction are
considered deviations from the applicable emission limits or standards.
    (2) You must document that the dry sludge burned during the
performance test is representative of the sludge burned under normal
operating conditions by:
    (i) Maintaining a log of the quantity of sewage sludge burned
during the performance test by continuously monitoring and recording
the average hourly rate that sewage sludge is fed to the incinerator.