i Supporting Statement for EPA Information Collection Request Number 1773.06 ( OMB Control Number 2050 0171)

New and Amended Reporting and Recordkeeping Requirements for National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors January 2003 ii Contents 1. Identification of the Information Collection 1( a) Title and Number of the Information Collection 1( b) Short Characterization/ Abstract 2. Need for and Use of the Collection 2( a) Need and Authority for Collection 2( b) Practical Utility and Users of the Data 3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication 3( b) Public Notice Required Prior to ICR Submission to OMB 3( c) Consultations 3( d) Effects of Less Frequent Collection 3( e) General Guidelines 3( f) Confidentiality 3( g) Sensitive Questions 4. Respondents and Information Collected 4( a) Respondents and NAICS Codes 4( b) Information Collected 5. Information Collected   Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities 5( b) Collection Methodology and Management 5( c) Small Entity Flexibility 5( d) Collection Schedule 6. Estimating the Burden and Cost of Collection 6( a) Respondent Burden 6( b) Respondent Cost 6( c) Agency Burden and Cost 6( d) Respondent Universe and Total Burden and Costs 6( e) Bottom Line Burden Hour and Cost 6( f) Reasons for Change in Burden 6( g) Burden Statement 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a). TITLE AND NUMBER OF THE INFORMATION COLLECTION This Information Collection Request ( ICR) is entitled " New and Amended Reporting and Recordkeeping Requirements for National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors.." The EPA ICR Number for this ICR is 1773.06 ( OMB Control Number 2050 0171). It covers the regulations under 40 CFR Part 63, Subpart EEE.

1( b). SHORT CHARACTERIZATION/ ABSTRACT The U. S. Environmental Protection Agency ( EPA) finalized a rule on September 30, 1999 ( 64 FR 52828) establishing Maximum Achievable Control Technology ( MACT) standards for several hazardous air pollutants from hazardous waste combustion facilities, specifically hazardous waste incinerators, and hazardous waste burning cement kilns ( CKs), and lightweight aggregate kilns ( LWAKs), ( hereinafter referred to as hazardous waste combustors ( HWC)); and codified them under 40 CFR Part 63, Subpart EEE. An ICR # 1773.02 was approved by OMB for the reporting and recordkeeping burden for this rule under control # 2050 0171.

A number of parties, representing interests of the regulated sources and of the environmental community, sought judicial review of the rule. On July 24, 2001, the U. S. Court of Appeals for the District of Columbia Circuit vacated the challenged portions of the rule. As a result of these actions ( and a few other technical modifications made by EPA to the September 1999 rule), an " Interim Standards Rule" was promulgated on February 13, 2002 to temporarily replace the vacated standards ( see 64 FR 6792 and 64 FR 6968), until revised standards are promulgated in 2005. This ICR has been prepared for the recordkeeping and reporting burden on HWCs under the current regulations at 40 CFR Part 63, Subpart EEE.

The current regulations ( 40 CFR Part 63, Subpart EEE) require HWCs to perform testing and monitoring activities, submit various reports and perform recordkeeping activities in order to demonstrate compliance with emission standards, and the regulations. Much of the information will be kept on site by the facilities; and some information is to be submitted to the EPA or the delegated state agency. The facilities and EPA will use the data to ensure compliance with MACT standards.

In summary, we have estimated in this ICR that 119 facilities are covered by this rule, and the recordkeeping and reporting burden on them would be 151,339 hours per year, with an additional capital/ startup and O& M annualized cost of $ 3,925,726. For EPA, there will be a paperwork burden of 9,943 hours per year for this rule.

2. NEED FOR AND USE OF THE COLLECTION 2 2( a). NEED AND AUTHORITY FOR THE COLLECTION The EPA, under authority of Section 112 of the Clean Air Act has established national emissions standards for hazardous air pollutants from hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns. The main purpose of the Clean Air Act is to protect and enhance the quality of the nation's air resources, and to promote the public health and welfare and the productive capacity of the population. To this end, Sections 112( a) and ( d) of the Clean Air Act direct EPA to set standards for hazardous air pollutants. The records and reports required by the information collection are used to show compliance with the standards.

2( b). PRACTICAL UTILITY AND USERS OF THE DATA The data collected for HWC system operations and testing is used by facility owners and operators, and EPA or the implementing agency. Data maintained in records are used to monitor results of testing, inspections, and the operation of air pollution control systems, as well as to demonstrate compliance with regulations. Notifications and submitted monitoring data are used by EPA or the implementing agency to evaluate construction or reconstruction plans, test and operating plans, test results, facility operation, and whether facilities qualify for certain exemptions and alternative monitoring/ testing methods.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a). NONDUPLICATION The information collections covered in this ICR are not available from sources other than the respondents. No other Federal agency collection satisfies the statutory requirements of Section 112 of the Clean Air Act. None of this information is duplicative of other information collected by other EPA offices or other Federal agencies.

3( b). PUBLIC NOTICE REOUIRED PRIOR TO ICR SUBMISSION TO OMB In compliance with the Paperwork Reduction Act of 1995 ( PRA), EPA issued a public notice in the Federal Register ( 67 FR 66144 147, October 30, 2002) prior to the preparation of this renewal ICR and solicited comments for 60 days to evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility, evaluate the accuracy of the Agency's estimates of the burdens for reporting and recordkeeping requirements of the proposed collections of information; to enhance the quality, utility, and clarity of the information to be collected; and to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated or electronic collection technologies or other forms of information technology, e. g., permitting electronic submission of responses. No public comments were received in response to this notice. 3 3( c). CONSULTATIONS EPA made extensive efforts to consult with the regulated community, stakeholders, general public, State and industry officials, and appropriate Federal agencies in the development of the Interim Standards Rule, and the consequent burden imposed due to its various provisions. Several meetings were held with the stakeholders, through their trade associations ( such as the Cement Kiln Recycling Coalition, Chemical Manufacturers Association, Coalition of Responsible Waste Incineration, and American Chemistry Council). Since some of the regulated facilities are owned by other agencies of the federal government ( such as the Department of Defense and the Department of Energy), EPA also held similar consultations with them also. Details of these meetings are a part of the administrative record of the Interim Standards Rule and are contained in the rule dockets.

3( d). EFFECTS OF LESS FREQUENT COLLECTION EPA has carefully considered the burden imposed upon the regulated community by this hazardous waste combustion regulation and the potential environmental consequences of such collection frequencies. Consequently, the Agency is confident that the activities required of the respondents are necessary, and to the extent possible, has minimized the burden imposed. EPA believes that if the minimal requirements specified under the regulations are not met, EPA will be unable to fulfill its Congressional mandate to protect public health and the environment. Additionally, efforts were made to integrate monitoring, compliance testing, and recordkeeping requirements of the CAA and RCRA so that the facilities are able to avoid the burden of duplicate submissions under two potentially different regulatory compliance schemes.

3( e). GENERAL GUIDELINES This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's " Information Collection Request Handbook" ( EPA, February 1999) and other applicable OMB guidance. Under the HWC regulations, EPA found it necessary that the facilities retain records for five years to ensure proper compliance with the MACT standards. The recordkeeping burden for such a requirement is not significant and has been included in the burden estimates.

3( f). CONFIDENTIALITY Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality. The Agency does not anticipate that businesses will assert a claim of confidentiality covering the collection requirements of this ICR. If such a claim is made, EPA will treat the information in accordance with the confidentiality regulations cited above. EPA also has ensured that this information collection complies with the Privacy Act of 1974 and the OMB Circular # 108.

3( g). SENSITIVE QUESTIONS 4 No questions of a sensitive nature are included in any information collection requirements.

4. RESPONDENTS AND THE INFORMATION COLLECTED 4( a). RESPONDENTS AND NAICS CODES The following is a list of North American Industry Classification System ( NAICS) codes associated with the facilities most likely to be affected by the information collection requirements covered by this ICR:

2123 Non metallic Mineral Mining 2211 Electric Power Generation 22132 Sewage Treatment Facilities 3241 Petroleum and Coal Products 3271 Clay Product and Refractory 3231 Printing and Related Support 3251 Basic Chemical Manufacturing 3252 Resin, Synthetic Rubber, Plastic 3253 Pesticide and Fertilizer 3255 Paint, Coating, Adhesive 3259 Other Chemical Products 3271 Cement Block and Brick 3273 Cement and Concrete Product 3274 Lime and Gypsum Product 3279 Other Nonmetallic Material 3327 Machine Shops; Turned Products 3328 Coating, Engraving, Heat 3329 Other Fabricated Metal Product 3332 Industrial Machinery 3335 Metalworking Machinery 3339 Other General Purpose Equipment Manufacturing 3341 Computer and Peripheral 3342 Communications Equipment 3343 Audio and Video Equipment 3344 Semiconductor 3361 Motor Vehicle Manufacturing 3362 Motor Vehicle Body and Trailer 3363 Motor Vehicle Parts 4227 Petroleum Wholesalers 45431 Fuel Dealers 5622 Waste Treatment and Disposal 5629 Remediation and Other Waste 4( b). INFORMATION REQUESTED FACILITIES SUBJECT TO THESE REGULATIONS 5 ( i) Data items All hazardous waste combustors   hazardous waste burning cement kilns ( CKs), hazardous waste incinerators, and hazardous waste burning lightweight aggregate kilns ( LWAKs)   are subject to this rule and will read the 40 CFR Part 63, Subparts A and EEE regulations. The universe of affected facilities is covered in detail in section 6( d) of this document below.

( ii) Respondent activities   Read 40 CFR Part 63, Subparts A and EEE STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, LIGHTWEIGHT AGGREGATE KILNS, AND CEMENT KILNS MACT standards for incinerators, lightweight aggregate kilns, and cement kilns are specified for the following HAPs in the Interim Standards Rule ( Section 63.1203): particulate matter ( PM), CO ( carbon monoxide)/ HC ( hydrocarbons), total chlorine ( HCl + Cl 2), semivolatile metals ( cadmium and lead), low volatile metals ( chromium, arsenic, and beryllium), PCDD/ PCDF ( chlorinated dioxins and furans), mercury, and DRE ( destruction and removal efficiency). Specific recordkeeping and reporting requirements related to the emissions standards associated with cement kilns, are discussed in this section ( these are not discussed elsewhere in this document).

Cement Kilns with In line Raw Mills ( i) Data items Cement kilns with in line raw mills may comply with the mercury, semivolatile metal, low volatile metal, and total chlorine gas emission standards on a time weighted average basis. Kilns must conduct performance testing when the raw mill is on line and when the mill is off line to determine the time weighted average concentration of the regulated constituent. Under Section 63.1204( d)( 2), when the emission averaging provision is used, kilns must document in the operating record compliance with the emission standards on an annual basis. Additionally, the comprehensive performance test plan and Notification of Compliance must discuss the testing and averaging procedures to be used.

( ii) Respondent activities   Conduct performance testing when the raw mill is on line and when the mill is offline   Discuss in the comprehensive performance test plan the emissions averaging procedure that will be used.   In the Notification of Compliance, document the emission averaging procedures that are used; and   Document in the operating record compliance with the emission averaging 6 requirements.

Preheater or Preheater/ precalciner Cement Kilns with Dual Stacks ( i) Data items Preheater or preheater/ precalciner kilns with dual stacks may comply with the mercury, semivolatile metal, low volatile metal, and total chlorine gas emission standards on a gas flowrate weighted average basis. Kilns must conduct performance testing to determine the gas flowrate weighted average concentration of the regulated pollutant on each stack. Under Section 63.1204( e)( 2), kilns must document in the operating record compliance with the emission standards. Additionally, in the comprehensive performance test plan and Notification of Compliance must discuss the averaging procedures to be used.

( ii) Respondent activities   Conduct performance testing on each stack;   Discuss in the comprehensive performance test plan the emissions averaging procedure that will be used.   In the Notification of Compliance, document the emission averaging procedures used; and   Document in the operating record, compliance with the emission averaging requirements for preheater or preheater/ precalciner kilns with dual stack.

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS Compliance With Alternative MACT Standards ( i) Data items Under Section 63.1206( b)( 1)( ii), when hazardous waste is not in the combustion chamber ( i. e., the hazardous waste feed to the combusted has been cutoff for a period of time not less than the hazardous waste residence time), HWCs may elect to show compliance with other applicable MACT standards ( such as non hazardous waste burning cement kiln, lightweight aggregate kiln, or incinerator MACT standards). Specifically, they must document in the operating record compliance with other applicable MACT requirements in lieu of the HWC MACT emission standards and operating requirements of Subpart EEE.

( ii) Respondent activities   When hazardous waste is not in the combustion chamber, document in the operating record compliance with other applicable MACT requirements in lieu of the requirements of HWC MACT Subpart EEE. Extension of Compliance with Emission Standards ( i) Data items 7 Under Sections 63.1206( b)( 4), 63.6( i), 63.1213, and 63.9( c), HWCs may request EPA for an extension of compliance with the emission standards of Subpart EEE. Section 63.6( i)( 4) allows up to one additional year to comply with the standard. The request for the one year extension is to be submitted no later than four months before the affected source's compliance date.

In addition, under Section 63.6( i)( 5), existing sources that have installed best available control technology ( BACT) or technology required to meet lowest achievable emission rate ( LAER) prior to the MACT rule may request that the EPA grant an extension allowing the source years from the date on which such installation was achieved to comply with the standard. Any request for the five year extension is to be submitted no later than 120 days after the promulgation date of the standard.

As required by Section 63.6( i)( 6), any request for an extension of compliance must include the following information:

  A description of the controls to be installed to comply with the standard;   A compliance schedule;   A description of emission control steps that will be taken during the into the extension period;   Whether the source is also requesting an extension of other applicable requirements; and   For the five year extension, all information needed to demonstrate the effectiveness of the installation of BACT or technology to meet LAER.

Under Section 63.10( d)( 4), affected sources required to submit progress reports as a condition of receiving an extension of compliance must submit such report to the EPA by the dates specified in the written extension of compliance.

( ii) Respondent activities   Prepare and submit a request for an extension of compliance; and   Prepare and submit a progress report, as applicable.

Changes in Design, Operation, or Maintenance ( i) Data items Under Section 63.1206( b)( 5)( i), if a HWC plans to change the design, operation, or maintenance practices of the source in a manner that may adversely affect compliance with any emission standard that is not monitored with a CEMS, the HWC must notify EPA at least 60 days prior to the change, unless circumstances are documented that dictate such prior notice is not feasible. The notification must include:

  A description of the changes and which emission standards may be affected; and   A comprehensive performance test schedule and test plan that will document compliance with the affected emission standards. 8 The HWC must conduct a comprehensive performance test to document compliance with the affected emission standards, establish operating parameter limits, and submit to the EPA a Notification of Compliance under Sections 63.1207( j) and 63.1210( d).

Additionally, if it is determined that a change will not adversely affect compliance with the emission standards or operating requirements, the HWC must document the change in the operating record upon making such change. The performance test plan, Documentation of Compliance, Notification of Compliance, and start up, shutdown, and malfunction plan must be revised, as necessary, to reflect these changes.

Additionally, under Section 63.1206( b)( 5)( i)( C), a request may be made to burn hazardous waste for more than 720 hours for purposes other than testing or pretesting, after making a change in the design or operation that could affect compliance with the emission standards and prior to submitting a revised Notification of Compliance.

( ii) Respondent activities   Prepare and submit a notification of change in design, operation, or maintenance;   Conduct a comprehensive performance test to document compliance with emissions standards and establish operating limits;   Document change in the operating record if it is determined that the change will not adversely affect compliance with emission standards or operating requirements;   Revise, as necessary, the performance test plan, Documentation of Compliance, Notification of Compliance, and start up, shutdown, and malfunction plan to reflect changes that will not adversely affect compliance with emission standards or operating requirements and,   Request approval to burn hazardous waste for additional operating time after change has been made.

Use of Previous DRE Test Results to Demonstrate Compliance with the MACT DRE Standard ( i) Data items Previous collected DRE test results may be used to demonstrate compliance with the DRE standard ( Section 63.1206( b)( 7)).

( ii) Respondent activities If a source chooses to submit previous DRE data from testing for a purpose other than RCRA permit issuance or re issuance in lieu of conducting a new DRE test, the source must document that the quality of the previous data are suitable for a compliance demonstration.

Applicability of Particulate Matter and Opacity Standards during Particulate Matter CEMS Correlation Tests 9 ( i) Data items Under Section 63.1206( b)( 8), any particulate matter and opacity standards at 40 CFR 60, 61, 63, 264, 165, and 266 that are applicable to a HWC do not apply while sources conduct particulate matter continuous emissions monitoring system ( CEMS) correlation tests ( i. e., correlation with manual stack methods). Sources must develop a particulate matter CEMS correlation test plan that includes the following information:

  Number of test conditions and number of runs for each test condition;   Target particulate matter emission level for each test condition;   How the source plans to modify operation to attain the desired particulate matter emission levels; and   Anticipated normal particulate matter emission levels.

Under Section 63.1206( b)( 8)( iii)( B), the test plan must be submitted to EPA for approval at least 90 calendar days before the correlation test is scheduled to be conducted.

A waiver of the PM and opacity standards during PM CEMS correlation tests may be requested beyond the standard allowed time of 96 hours..

( ii) Respondent activities   Prepare and submit a particulate matter CEMS correlation test plan.   If desired, prepare and submit a waiver request for additional hours of PM CEMS correlation testing beyond the standard 96 hours.

Alternative Standards for Existing or New Hazardous Waste Burning Lightweight Aggregate Kilns using MACT ( i) Data items Under Section 63.1206( b)( 9) hazardous waste burning lightweight aggregate kilns ( LWAKs) may petition EPA to recommend alternative semivolatile metal, low volatile metal, mercury, or total chlorine gas emission standards. The petition may be submitted if:

  One or more of these standards cannot be achieved while using maximum achievable control technology ( MACT) because of raw material contributions to emissions of the regulated metals or total chlorine gas; or   If it is determined that Mercury is not present at detectable levels in the raw material.

The alternative standard petition must include data and information documenting that:

  Raw material contributions to emissions of the regulated metals or total chlorine prevent a source from complying with the emission standard even though the source is using MACT; 10   Mercury is not present at detectable levels in raw materials;   Increased chlorine feedrates associated with the burning of hazardous waste, when compared to non hazardous waste operations, do not significantly increase metal emissions attributable to raw materials; and   Semivolatile metals, low volatile metals, and total chlorine emissions attributable to the hazardous wastes will not exceed the emission standards.

( ii) Respondent activities   Prepare and submit a petition for alternative LWAK emission standards, which must be included in the Notification of Compliance.

Alternative Standards for Existing or New Hazardous Waste Burning Cement Kilns using MACT ( i) Data items Under Section 63.1206( b)( 10), hazardous waste burning cement kilns may petition EPA to recommend alternative semivolatile metal, low volatile metal, mercury, or total chlorine gas emission standards. The petition may be submitted if:

  One or more of these standards cannot be achieved while using maximum achievable control technology ( MACT) because of the raw material contribution to emissions of the regulated metals or total chlorine; or   If it is determined that Mercury is not present at detectable levels in the raw material.

The alternative standard petition must include data and information documenting that:

  Raw material contributions to emissions of the regulated metals or total chlorine prevent a source from complying with the emission standard even though the source is using MACT;   Mercury is not present at delectable levels in raw materials;   Increased chlorine feedrate: associated with the burning of hazardous waste, when compared to non hazardous waste operations, do not significantly increase metal emissions attributable to raw materials; and   Semivolatile metal, low volatile metal, and total chlorine gas emissions attributable to the hazardous waste only will not exceed the emission standards.

( ii) Respondent activities   Prepare and submit a petition for alternative CK emission standards, which must be included in the Notification of Compliance.

Hazardous Waste Residence Time ( i) Data items 11 Under 63.1206( b)( 11), HWCs must document the hazardous waste residence time in the operating record, and include it in the comprehensive performance test plan, Documentation of Compliance, and Notification of Compliance.

( ii) Respondent activities   Include the hazardous waste residence time in the operating record, test work plan, and Documentation and Notification of Compliance documents.

Cement Kilns Burning Hazardous Waste at Locations Other than the Hot End ( i) Data items An alternative hydrocarbon and carbon monoxide standard may be requested for cement kilns that monitor the bypass duct and preheater tower location when waste is burned at locations other than the hot end of the kiln ( Section 63.1206( 13)( b)( i)).

( ii) Respondent activities   Request in the comprehensive performance test plan to use the alternative CK monitoring locations.

Alternative Particulate Matter Standard for Incinerators Feeding Low Levels of Metals ( i) Data items Under Section 63.1206( b)( 14), incinerators may petition the EPA for an alternative particulate matter standard, which requires compliance with:

  90% SVM system removal efficiency, demonstrated during the comprehensive performance test;   SVM and LVM emissions ( including the non enumerated HAPs of Co, Ni, Mg, and Se) less than MACT standards, demonstrated during the comprehensive performance test;   SVM and LVM feedrate limitations ( including non enumerated metals) on a 12 hour rolling average.

( ii) Respondent activities   Prepare and submit a petition for an alternative particulate matter standard for incinerators with low federates of metals.   Monitoring of SVM, LVM, and non enumerated metals on a daily average basis.   Demonstration of SVM SRE in performance testing. 12 Alternative to the Interim Standards for Mercury for Cement Kilns and LWAKs ( i) Data items Under Section 63.1206( b)( 15), CK and LWAKs may comply with the mercury standard through analysis of mercury in hazardous waste feed.

( ii) Respondent activities   Request in comprehensive performance test plan to comply with mercury standard through feedrate monitoring.   Document in Notification of Compliance, and operating record, compliance with alternative feedrate based mercury standard.

Startup, Shutdown, and Malfunction Plan ( i) Data items Under Sections 63.1206( c)( 2) and 63.6( e)( 3), HWCs must develop and implement a written Startup, Shutdown, and Malfunction Plan that describes procedures for operating and maintaining the source during periods of startup, shutdown, and malfunction. It also contains a program of corrective action for malfunctioning process and air pollution control equipment that is used to comply with the relevant standard. The plan must also identify all routine or otherwise predictable CMS malfunctions. The plan shall be developed by the source's compliance date. The SS& M plan must be submitted to the Administrator for review and approval.

When actions taken during a startup, shutdown, or malfunction ( including actions taken to correct a malfunction) are consistent with the procedures specified in the affected source's SS& M Plan, the source shall keep records for that event that demonstrate that the procedures specified in the plan were followed. These records may take the form of a " checklist" or other effective form of recordkeeping that confirms compliance with the SS& M Plan for that event.

If an action taken is not consistent with the procedures specified in the plan, the source must report such actions within 2 working days of commencing actions inconsistent with the plan, followed by a letter within 7 working days after the end of the event.

Also, sources must prepare, submit to the Administrator, and put in the operating record, an excess emissions evaluation report when 10 exceedences of operating requirements when hazardous waste is in the system occur over a 60 day block period during SS& M events. The report must be submitted within 45 days of the 10th exceedance.

The startup, shutdown, and malfunction provisions of the interim standards rule exempt sources from the Subpart EEE emission standards and operating requirements during startup, shutdown, and malfunctions. The rule continues to subject sources to RCRA requirements during malfunctions, unless they comply with alternative MACT requirements including expanding the startup, shutdown, and malfunction plan to minimize 13 the frequency and severity of malfunctions, and submit the plan to the delegated CAA authority for review and approval. Source that burn hazardous waste are also subject sou during startup and shutdown to RCRA requirements for startup and shutdown, unless they comply with alternative MACT requirements, and requires them to include waste feed restrictions and operating conditions and limits in the startup, shutdown, and malfunction plan. Sources are also required to include in the startup, shutdown, and malfunction plan a requirement to comply with the automatic hazardous waste feed cutoff system during startup, shutdown, and malfunctions.

Also, after ESV openings that are not malfunctions and which occur when waste is in the combustion chamber, the source must document whether it remains in compliance with applicable standards, and submit a report if there is noncompliance within 5 days of the event.

The source must keep the written SS& M Plan on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63. The plan is to be made available for inspection by the EPA, upon request. In addition, if the plan is revised, the source must keep previous versions of the plan on record for a period of 5 years after each revision to the plan.

( ii) Respondent activities   Develop, submit, and implement, a Startup, Shutdown, and Malfunction Plan, and have it reviewed and approved by the Administrator ( or alternative, contain procedures in the RCRA permit);   Make the plan available for inspection, if requested by the EPA;   Keep the plan on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63; and   Keep previous versions of the plan on record for a period of 5 years after each revision, if the plan is revised.   Prepare and submit excess emissions evaluation report as required.

Automatic Waste Feed Cutoff ( AWFCO)

( i) Data items Under Section 63.1206( c)( 3)( v), if there is an exceedance of an emission standard or operating requirement after any AWFCO, while hazardous waste is in the combustion chamber, HWCs must:

  Investigate the cause of the AWFCO;   Take appropriate corrective measures to minimize future AWFCOs; and   Record the findings and corrective measures in the operating record.

Additionally, Section 63.1206( c)( 3)( vi) requires that, for each set of 10 exceedances of an emission standard or operating requirement while hazardous waste remains in the combustion chamber during a 60 day block period, a written report must be submitted 14 within 45 calendar days of the 10th exceedance detailing the results of the investigation and corrective measures taken.

Also, Section 63.1206( c)( 3)( vii) requires that the AWFCO system and associated alarms must be tested at least weekly to verify operability, unless it is documented in the operating record that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operability testing must be conducted at least monthly. AWFCO operability test procedures and results must be documented and recorded in the operating record.

Section 63.1206( c)( 3)( viii) allows for ramping down the waste feedrate of pumpable hazardous waste over a period not to exceed one minute. Sources electing to ramp down the waste feed must document ramp down procedures in the operating and maintenance plan. The procedures must specify that the ramp down begins immediately upon initiation of automatic waste feed cutoff and the procedures must prescribe a bona fide ramping down.

( ii) Respondent activities   Investigate the cause of an AWFCO, take appropriate corrective measures to minimize future AWFCOs, and record the findings and corrective measures in the operating record;   Develop and submit a written report documenting excessive exceedances ( i. e., a set of 10 excellences during a 60 day block period) and result of the investigation and corrective measures taken;   Test the AWFCO system and associated alarms weekly and document and record AWFCO operability test procedures and result in the operating record;   Document in the operating record that weekly inspections will unduly restrict or upset operations;   Test the AWFCO system monthly and document and record AWFCO operability test procedures and result in the operating record; and   Document in the operating and maintenance plan ramp down procedures, as applicable.

ESV Openings ( i) Data items Under Section 63.1206( c)( 4)( ii), HWCs must develop an emergency safety valve ( ESV) plan, comply with the plan, and keep the plan in the operator record. Additionally, Section 63.1206( c)( 4)( iii) requires that, after any ESV opening that is not a malfunction and which occurs when hazardous waste is in the combustion chamber, the HWC must:

  Investigate the cause of the ESV opening;   Take appropriate corrective measures to minimize such future ESV openings, and Record the findings and corrective measures in the operating record;   Document whether the source remains in compliance with applicable standards; 15 and   Submit a written report to the Administrator if there is non compliance.

( ii) Respondent activities   Develop an ESV plan and keep the plan in the operating record;   Investigate the cause of the ESV openings take appropriate corrective measures to minimize such future ESV openings, and record the endings and corrective measures in the operating record; and   Document whether the ESV caused non compliance with applicable emissions standards.   Develop and submit a written report documenting the ESV opening and result of the investigation and corrective measures taken if non compliance with applicable emissions standards.

Combustion System Leaks ( i) Data items Under Section 63.1206( c)( 5), combustion system leaks of hazardous air pollutants must be controlled by either:

  Keeping the combustion zone sealed to prevent combustion system leaks; or   Maintaining the maximum combustion zone pressure lower than ambient pressure using an instantaneous monitor ( as determined on a site specific basis); or   Upon prior written approval of the EPA, an alternative means of control to provide control of combustion system leaks equivalent to maintenance of combustion zone pressure lower than ambient pressure.

The method used for control of combustion system leaks must be specified in the operating record, and also included in the comprehensive performance test plan and Notification of Compliance.

( ii) Respondent activities   Prepare and submit a request to use an alternative means of control to provide control of combustion system leaks; and   Specify in the operating record and comprehensive performance test plan the method used for control of combustion system leaks.

Operator Training and Certification ( i) Data items Under Section 63.1206( c)( 6), HWCs must establish a training and certification program for all categories of personnel whose activities may reasonably be expected to directly affect emissions of hazardous air pollutants from the source. 16 The training and certification program may be developed on a site specific basis, and must follow EPA prescribed training topics ( and likely will follow the ASME developed operating training and certification program). Each training program must be of a technical level commensurate with the person's job duties specified in the training manual. The operator training and certification program must be recorded in the operating record.

Control room operators are required to be on duty at source at all times the source is in operation. Control room operators must complete an annual review or refresher course as well.

( ii) Respondent activities   Develop an operator training and certification program ( or adopt the ASME program) and record the program in the operating record.   Implement the program.   Keep records of personnel training and certification.

Operation and Maintenance Plan ( i) Data items Section 63.1206( c)( 7)( i) requires a HWC to prepare and at all times operate according to a operation and maintenance plan that describes in detail procedures for operation, inspection, maintenance, and corrective measures for all components of the combustor, including associated pollution control equipment, that could affect emissions of regulated hazardous air pollutants.

The plan must prescribe how the HWC will operate and maintain the combustor in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels achieved during the comprehensive performance test. The plan must be recorded in the operating record.

For incinerators and LWAKs with fabric filters, bag leak detectors must be used to show compliance as part of the operating and maintenance plan.

( ii) Respondent activities   Prepare an operation and maintenance plan and record the plan in the operating record.   Use bagleak detectors when fabric filters are used on incinerators and LWAKs.

PERFORMANCE TESTING REQUIREMENTS Comprehensive Performance Test ( i) Data items 17 Under Section 63.1207( b)( 1), HWCs must conduct a single comprehensive performance test to demonstrate compliance with the Interim Standards Rule emission standards provided by Sections 63.1203, 63.1204, and 63.1205, establish limits for the operating parameters provided by Section 63.1209; and demonstrate compliance with the performance specifications for continuous monitoring systems. The comprehensive performance test must commence not later than six months after the compliance date.

Under Section 63.1207( d)( 3) the HWC may request an additional 60 days to complete testing if time is needed for reasons beyond the sources control.

Additionally, under Section 63.1207( h)( 2), current operating parameter limits may be requested to be waived during pretesting for more than the standard 720 hours.

Finally, after a failure of a comprehensive performance test, HWCs may request to burn hazardous waste for more than the standard 720 hours for purposes other than testing or pretesting ( under Section 63.1207( l)( 3)).

( ii) Respondent activities   Perform a single comprehensive performance test.   Request a 60 day time extension to complete testing.   Request additional time to waive current operating parameter limits for pretesting.

Confirmatory Performance Test ( i) Data items Under the Interim Standards Rule, confirmatory performance testing is not required.

( ii) Respondent activities   Nothing.

Data in Lieu of the Initial Comprehensive Performance Test ( i) Data items Under Section 63.1207( c)( 2), HWCs may request that previous emissions test data serve as documentation of conformance with the emission standards of Subpart EEE, provided that the previous testing:

  Meets sufficient quality assurance requirements;   Is in conformance with operations during testing requirements for comprehensive performance testing ( Section 63.1207( g)( 1)); and   Is sufficient to establish the applicable operating parameter limits under Section 63.1209. 18 ( ii) Respondent activities   Prepare and submit a request that previous emissions test data serve as documentation of conformance with emission standards.

Notification of Performance Test and CMS Performance Evaluation, and Approval of Test Plan and CMS Performance Evaluation Plan ( i) Data items Under Section 63.1207( e)( 1), HWCs must submit a notification to the EPA of their intention to conduct a performance test at least 60 calendar days before the test is scheduled to begin. In the event the source is unable to conduct the performance test on the date specified in the notification requirement, the source shall notify the EPA within 5 days prior to the scheduled performance date and specify the date when the performance test is rescheduled.

A notification of intention to conduct a comprehensive performance test and CMS performance evaluation and a site specific test plan and CMS performance evaluation plan must be submitted at least one year before the performance test and performance evaluation are scheduled to begin. The EPA will notify the source of approval or intent to deny approval of the site specific test plan and CMS performance evaluation within 9 months after receipt of the original plan.

As required by Section 63.7( c), before conducting a required performance test, a sitespecific test plan must be submitted to the EPA for approval. The test plan must include:

  A test program summary;   The test schedule;   Data quality objectives; and   Both an internal and external quality assurance ( QA) program.

Data quality objectives are the pretest expectations of precision, accuracy, and completeness of data.

The internal QA program must include, at a minimum the activities planned to provide an assessment of test data precision ( i. e., sampling and analysis of replicate samples). The external QA program must include, at a minimum, application of plans for a test method performance audit ( PA) during the performance test. The PAs consist of blind audit samples provided by EPA and analyzed during the performance test in order to provide a measure of test data bias. The external QA program may also include systems audits that include the opportunity for on site evaluation by EPA of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

The site specific test plan must be submitted to EPA upon EPA's request at least 60 calendar days before the performance test is scheduled to take place ( i. e., simultaneously 19 with the notification of intention to conduct a performance test), or on a mutually agreed upon date. EPA may request additional relevant information after the submittal of a sitespecific test plan.

Under Section 63.1207( e), sources must submit the site specific comprehensive performance test plan and CMS performance evaluation test plan at least one year before the performance test is scheduled to begin.

( ii) Respondent activities   Prepare and submit a notification of intention to conduct a performance test;   Prepare and submit a rescheduled notification of intent to conduct a performance test, if the test is postponed;   Prepare and submit a site specific comprehensive performance test plan; and   Prepare and submit additional relevant information requested by the EPA.

Notification of Compliance ( i) Data items Section 63.1207( j)( l) requires that, within 90 days of completion of the comprehensive performance test, HWCs postmark a Notification of Compliance documenting compliance or noncompliance with the emission standards and continuous monitoring system requirements, and identifying operating parameter limits under Section 63.1209 for a comprehensive performance test.

Under Section 63.9( h), the Notification of Compliance must be signed by the responsible official who must certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification must list:

  The methods that were used to determine compliance;   The results of the performance test, opacity or visible emission observations, continuous monitoring system ( CMS) performance evaluations, and/ or other monitoring procedures or methods that were conducted;   The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods;   The type and quantity of hazardous air pollutants emitted by the source, reported in units and averaging times and in accordance with the test methods specified in the relevant standard;   An analysis demonstrating whether the affected source is a major source or an area source;   A description of air pollution control equipment ( or method) for each emission point, including each control device ( or method) for each hazardous air pollutant and control efficiency ( percent) for each control device ( or method); and   A statement by the owner or operator of the affected existing, new or reconstructed source as to whether the source has complied watts the relevant standard or other requirements. 20 As required by Sections 63.7( g) and 63.10( d)( 2), and as stated above, results of the performance tests shall be submitted as part of the notification of compliance status. Under Section 63.1210( d), the Notification of Compliance status requirements of Section 63.9( h) apply, except that:

  The notification is a Notification of Compliance, rather the compliance status;   The notification is required for the initial comprehensive performance test and each subsequent comprehensive and confirmatory performance test; and   The notification must be postmarked before the close of business on the 90th day following completion of relevant compliance demonstration activity rather than the 60th day as required by Section 63.9( h)( 2)( ii).

The Notification of Compliance requirements of Section 63.1207( j) also apply.

Under Section 63.1207( j) ( 4), a written request for a time extension may be submitted to the EPA. The request must document that a source may not be able to meet the 90 day deadline for reasons beyond its control.

( ii) Respondent activities   Prepare and submit a Notification of Compliance.   Prepare and submit a written request for a time extension, if necessary.

Waiver of Performance Test and Time Extension for Performance Testing if Test Plant has not been Approved ( i) Data items Under Section 63.7( h) ( and Section 63.1207( e)( 3), and Section 62.1207( i)), performance tests may be waived upon written application to the EPA if:

  The source is meeting the relevant standards on a continuous basis;   The source is being operated under an extension of compliance;   The source has requested an extension of compliance and the EPA is still considering that request; or   The test plan has been submitted to EPA but has not yet been approved.

The application for a waiver of must be submitted at least 60 days before the required performance test data, or 60 days before the scheduled date of the performance test if the site specific test plan has been submitted but not yet approved.

The application for a waiver of a performance test must include information justifying the source's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test. It must also include documentation to enable the EPA to determine that the source is meeting the relevant standards on a continuous basis as required by Section 63.7( h)( 2). Extension requests for 21 the initial comprehensive performance test must include a Documentation of Compliance to assist EPA in making this determination.

Also, the source must notify the public of the petition to waive the performance test.

Additionally, under Section 63.1207( m), HWCs are not required to conduct performance tests to document compliance with the mercury, semivolatile metal, low volatile metal or total chlorine gas emission standard if the twelve hour rolling average maximum theoretical emission concentration ( MTEC) does not exceed the emission standard. To document compliance with this provision, HWCs must:

  Monitor and record the feedrate of mercury, semivolatile metals, low volatile metals, and total chlorine from all feedstreams according to Section 63.1209( c);   Monitor with a CMS and record in the operating record the gas flowrate ( either directly or by monitoring a surrogate parameter that is correlated to gas flowrate);   Continuously calculate and record in the operating record the MTEC;   Identify in the Notification of Compliance a minimum gas flowrate limit and a maximum federate limit of mercury, semivolatile metals, low volatile metals, and/ or total chlorine from all feedstreams that ensues the MTEC is below the applicable emission standard; and   Interlock the MTEC calculated or the minimum gas flowrate limit and maximum federate limit to the AWFCO system to stop hazardous waste burning when the MTEC exceeds the emission standard or when the gas flowrate or mercury, semivolatile metals, low volatile metals, and/ or total chlorine federate exceeds the limit as identified in the Notification of Compliance.

It must be stated in the site specific test plan submitted for review and approval the intention to comply with the provisions of 63.1207( m).

( ii) Respondent activities   Prepare and submit an application for a waiver of performance test.   Notify public of waiver request. 22 MONITORING REQUIREMENTS Continuous Emissions Monitoring Systems ( CEMS) and Continuous Opacity Monitoring Systems ( COMS)

( i) Data items Under Section 63.1209( a), HWCs must use a CEMS to demonstrate and monitor compliance with the carbon monoxide and hydrocarbon standards under Subpart EEE. HWCs must also use an oxygen CEMS to continuously correct the carbon monoxide and hydrocarbon levels to 7 percent oxygen.

Additionally, cement kilns must use a COMS to demonstrate and monitor compliance with opacity standards for existing and new kilns.

( ii) Respondent activities   Install, calibrate, maintain, and continuously operate CEMS for carbon monoxide, hydrocarbons, and oxygen; and   For existing and new cement kilns, install, calibrate, maintain, and continuously operate COMS for opacity.

Continuous Monitoring Systems ( CMS)

( i) Data items Continuous monitoring systems must be used to monitor various combustion and air pollution control device operating parameters, as discussed below. Installation and operation must be according to manufacturers specifications.

CMS evaluation plan and test plan must also be developed as discussed below in more detail.

( ii) Respondent activities   Install and operate all CMS as required for compliance with required operating parameter limits.

Feedstream Analysis Plan ( i) Data items Section 63.1209( c)( 2) requires HWC to develop and implement a feedstream analysis plan and record it in the operating record, and submit to the EPA for review and approval, if requested. The plan must specify at a minimum:

  The parameters for which each feedstream will be analyzed to ensure compliance 23 with the operating parameter limits of 40 CFR Part 63;   Whether the source will obtain the analysis by performing sampling and analysis or by other methods, such as using analytical information obtained from others or using other published or documented data or information;   How the analysis will be used to document compliance with all applicable feedrate limits ( e. g., if hazardous wastes are blended and obtain analyses of the wastes prior to blending but not of the blended, unfired, waste, the plan must describe how the pertinent parameters if the blended waste will be determined);   The test methods which will be used to obtain the analyses;   The sampling method which will be used to obtain a representative sample of each feedstream to be analyzed using the sampling methods described in Appendix 1, Part 26, of 40 CFR 261, or an equivalent method; and   The frequency with which the initial analysis of the feedstream will be reviewed or repeated to ensure that the analysis is accurate and up to date.

Additionally, under Section 63.1209( c)( 4), feedrates must be monitored and recorded as follows:

  Determine and record the value of the parameter for each feedstream by sampling and analysis or other method;   Determine and record the mass or volume flowrate of each feedstream by CMS.   If the flowrate of a feedstream in determined by volume, the density of the feedstream must be determined and recorded by sampling and analysis ( unless the constituent concentration is reported in units of weight per unit volume ( e. g., mg/ L)); and   Calculate and record the mass federate of the parameter per unit time.

( ii) Respondent activities   Develop and implement a feedstream analysis plan and record the plan in the operating record;   Submit the plan for review and approval, if requested by the EPA; and   Monitor and record feedrates.

CMS Performance Evaluations CMS Quality Control Program ( i) Data items Under Sections 63.1209( d) and 63.8( d), HWCs must develop and implement a CMS quality control program. Each quality control program must include, at a minimum, a written protocol that describes procedures for each pf the following operations:

  Initial and any subsequent calibration of the CMS;   Determination and adjustment of the calibration drift of the CMS;   Preventive maintenance of the CMS, including spare parts inventory; 24   Data recording, calculations, and reporting;   Accuracy audit procedures, including sampling and analysis methods; and   Program of corrective action for a malfunctioning CMS.

Sources must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63, and are to be made available for inspection by the EPA, if requested. Where relevant, these written procedures may be incorporated as part of the affected source's startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts.

( ii) Respondent activities   Develop and implement a CMS quality control program;   Keep the CMS quality control program on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63; and   Submit the CMS quality control program for inspection, if requested by the EPA.

Notification of CMS Performance Evaluation ( i) Data items As required by Sections 63.1209( d), 63.8( e)( 2) and 63.9( g)( 1), HWCs must notify the EPA in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under Section 63.7( b) or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required. It is noted that Section 63.8( e)( 2) is superseded by Section 63.1207( e) requiring sources to submit the site specific test plan and the CMS performance evaluation plan for approval at least one year prior to the planned test date.

( ii) Respondent activities   Prepare and submit a notification of CMS performance evaluation.

Additional Notification Requirements for CMS ( i) Data items Under Section 63.1210( a)( 1) and Sections 63.9( g)( 2) and ( 3), HWCs must furnish the EPA with the following written notifications:

  A notification that COMS data results will be used to determine compliance with the applicable opacity emission standard during a performance test, if compliance with an opacity emission standard is required for the source by the relevant standard. The notification shut be submitted at least 60 calendar day: before the performance test is scheduled to begin; and 25   A notification that the criterion necessary to continue use of an alternative to relative accuracy testing has been exceeded. The notification shall be delivered or postmarked not later the 10 days after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions.

( ii) Respondent activities   Prepare and submit additional notification requirements for sources with CMS.

Submission of Site Specific CMS Performance Evaluation Test Plan ( i) Data items As required by Section 63.1209( d) and 63.8( e)( 3), before conducting a required CMS performance evaluation, HWCs must develop and submit a site specific performance evaluation test plan to the EPA for approval upon request. The performance evaluation test plan shall include:

  The evaluation program objectives;   An evaluation program summary;   The performance evaluation schedule;   Data quality objectives; and   Both an internal and external QA program.

Data quality objectives are the pre evaluation expectations of precision, accuracy, and completeness of day.

The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimal system audits that include the opportunity for on site evaluation by the EPA of instrument calibration, data validation, sample logging, and documentation of quality control data and held maintenance activities.

The source shall submit the site specific performance evaluation test plan to the EPA ( if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date. The EPA may request additional relevant information after the submittal of a site specific performance evaluation test plan.

It is noted that Section 63.8( e)( 3)( iii) is superseded by Section 63.1207( e) requiring sources to submit the site specific test plan and the CMS performance evaluation plan for approval at least one year prior to the planned test date.

( ii) Respondent activities   Develop and submit a CMS site specific performance evaluation test plan; and   Submit additional relevant information, if requested by the EPA. 26 Conduct of CMS Performance Evaluation and Performance Evaluation Dates ( i) Data items Under Section 63.1209( d) and 63.8( e))( 4), the HWCs must conduct a performance evaluation of a required CMS during any performance test required under Section 63.7 in accordance with the applicable performance specification as specified in the relevant standard. Additionally, performance evaluations of components of the CMS must be conducted under the frequency and procedures ( for example, submittal of performance evaluation test plan for review and approval) applicable to performance tests as provided by Section 63.1207.

( ii) Respondent activities   Conduct a CMS performance evaluation.

Reporting Results of CMS Performance Evaluations ( i) Data items Under Section 63.10( e)( 2), the owner or operator of an affected source required to install a CMS by the relevant standard shall furnish the EPA a copy of a written report of the results of the CMS performance evaluation, simultaneously with the results of the performance test, unless otherwise specified in the relevant standard. Additionally, sources using a COMS to determine opacity compliance during any performance test shall furnish to EPA two or, upon request, three copies of a written report of the results of the COMS performance evaluation. The copies shall be furnished at least 15 calendar days before the performance test.

( ii) Respondent activities   Prepare and submit a written report of the results of the CMS performance evaluation; and   Prepare and submit written reports of the result of the COMS performance evaluation, as applicable.

Alternative Compliance Monitoring Requirements for Standards other than those Monitored with a CEMS ( i) Data items Under Section 63.1209( g)( 1), HWCs may submit an application to the EPA for approval of alterative monitoring requirements to document compliance with the emission standards of Subpart EEE other than carbon monoxide or hydrocarbon which are monitored with a CEMS. An application to waive an operating parameter limit may be submitted based on documentation that neither that operating parameter limit nor an alternative operating parameter limit is needed to ensure compliance with the emission standards of Subpart 27 EEE.

The application must be submitted to the EPA not later than with the comprehensive test plan. The application must include:

  Data or information justifying the request for an alternative monitoring requirement ( or for a waiver of an operating parameter limit), such as the technical or economic infeasability or the impracticality of using the required approach;   A description of the proposed alternative monitoring requirement, including the operating parameter to be monitored, the monitoring approach/ technique ( e. g., type of detector, monitoring location), the averaging period for the limit, and how the limit is to be calculated; and   Data or information documenting that the alternative monitoring requirement would provide equivalent or better assurance of compliance with the relevant emission standard, or that it is the monitoring requirement that best assures compliance with the standard and that is technically and economically practicable.

The EPA will notify approval or intention to deny approval of the request within 90 calendar days after receipt of the original request and within 60 calendar days after the receipt of any supplementary information that is submitted. The EPA may determine on a case by case basis at any time that additional or alternative operating parameters may need to be limited, or that alternative approaches to establish limits on operating parameters may be necessary to document compliance with the emission standards of Subpart EEE.

( ii) Respondent activities   Prepare and submit an application for use of an alternative monitoring method; and/ or   Prepare and submit an application to waive all operating limit.

Use of CEMS in Lieu of Operating Parameter Limits or Alternative Methods in Lieu of CEMS ( i) Data items Under 63.1209( a)( 5) and 63.8( f), HWCs may request the use of CEMS in lieu of operating parameter limits, or alternative methods in lieu of CEMS.

( ii) Respondent activities   Request the use of CEMS in lieu of operating parameter limits, or alternative methods in lieu of CEMS.

Destruction and Removal Efficiency ( i) Data items 28 Under Section 63.1209( j), HWCs must remain in compliance with the destruction and removal efficiency are) standard by establishing operating limits during the comprehensive performance test ( or during a previous DRE test) for the following parameters and comply with those limits at all times that hazardous waste remains in the combustion chamber ( i. e., the hazardous waste residence time has not transpired since the hazardous waste feed cutoff system was activated):

  Minimum combustion chamber temperature;   Maximum flue gas flowrate or production rate;   Maximum hazardous waste federate; and   Operation of waste firing system.

( ii) Respondent activities   Comply with the following operating limits: minimum combustion chamber temperature; maximal gas flowrate or production rate; maximum hazardous waste feedrate, and operation of waste firing system.

PCDD/ PCDF ( i) Data items Under Section 63.1209( k), HWCs must comply with the dioxin and furan emission standard by establishing and complying with the following operating parameter limits based limits on operations during the comprehensive performance test:

  Gas temperature at the inlet to a dry particulate matter control device;   Minimum combustion chamber temperature,   Maximum flue gas flowrate or production rate   Maximum hazardous waste feedrate;   Particulate matter operating limit; and   Parameter limits for the following air pollution control devices:  Activated carbon injection systems, with limits including carbon federate and operating temperature;  Carbon bed systems, where operating parameters to monitor and control bed age must be specified on a site specific basis in the comprehensive performance test plan;  Catalytic oxidizers, with limits on operating temperature; and  Inhibitor federates.

As stated in Section 63.1209( k)( 6)( iii)( B), HWCs equipped with activated carbon injection systems may substitute at any time a different brand or type of carbon provided that the replacement has equivalent or improved properties compared to the carbon used in the performance test and conforms to the key solvent parameters. Documentation that the substitute carbon will provide the same level of control as the original carbon must be included in the operating record. 29 Under Section 63.1209( k)( 7)( ii)( B), HWCs equipped with carbon bed systems day substitute at any time a different bind or type of carbon provided that the replacement his equivalent or improved properties compared to the carbon used in the performance test. Documentation that the substitute carbon will provide the same level of control as the original carbon must be included in the operating record.

For HWCs feeding dioxin/ furans inhibitors into the combustion system, under Section 63.1209( k)( 9)( ii)( B), a different brand or type of inhibitor may be substituted at any time provided that the replacement has equivalent or improved properties compared to the inhibitor used in the performance test and conforms to the key parameter that affect the effectiveness of the inhibitor. Documentation that the substitute inhibitor will provide the some level of control as the original inhibitor must be included in the operating record.

( ii) Respondent activities Comply with the following operating parameter limits:

  Gas temperature at the inlet to a dry particulate matter control device;   Minimum combustion chamber temperature;   Maximum flue gas flowrate or production rate;   Maximum hazardous waste federate; particulate matter operating limit;   Operating parameter limits for activated carbon injection or carbon bed systems, catalytic oxidizers, and inhibitors; and   If carbon is used, document in the operating record that replacement carbon will provide the same level of control as the original carbon used during the performance test.   If inhibitors are used, document in the operating record that replacement inhibitor will provide the some level of control as the original inhibitor used during the performance test.

Mercury ( i) Data items Under Section 63.1209( l) HWCs must comply with the mercury emission standard by establishing and complying with the following operating parameter limits. These limits must be based on operations during the comprehensive performance test ( or manufacturer specifications):

  Feedrate of total mercury; and   Parameter limits for the following air pollution control devices:  Wet scrubbers;  Activated carbon injection systems; and  Activated carbon bed systems.

A 12 hour rolling average limit for the total feedrate of mercury in all feedstreams must be established as the average of the hourly rolling averages for each run. 30 Under Section 63.1209( a)( 5), HWCs may petition the EPA to use CEMS for compliance monitoring for mercury in lieu of compliance with the corresponding operating parameter limits under Section 63.1209.

( ii) Respondent activities   Comply with the following operating parameter limits: feedrate of total mercury; and parameter limits for wet scrubbers, and activated carbon injection or carbon bed systems; or   Install, calibrate, maintain and continuously operate CEMS for compliance monitoring for mercury.

Particulate Matter ( i) Data items Under Section 63.1209( m), HWCs must comply with the particulate matter emission standard by establishing and complying with the following operating parameter limits based on operations during the comprehensive performance test:

  APCD operating limits for:  High energy or ionizing wet scrubbers, including pressure drop, scrubber liquid/ gas ratio, scrubber liquor solid content.  Baghouses, including pressure drop and gas flowrate.  Electrostatic precipitators, including power input and gas flowrate.  Other particulate matter control devices.   Maximal flue gas flowrate or production rate, and   Maximum ash feedrate.

Alternately, install, calibrate, maintain and continuously operate CEMS for compliance monitoring for PM.

( ii) Respondent activities Comply with the following operating parameter limits:

  APCD operating limits for wet scrubbers, fabric filters, and electrostatic precipitators   Maximum flue gas flowrate or production rate; and   Maximum ash feedrate.; or   Install, calibrate, maintain and continuously operate CEMS for compliance monitoring for PM.

Semivolatile Metals and Low Volatile Metals ( i) Data items 31 Under Section 63.1209( n), HWCs must comply with the semivolatile metal ( cadmium and lead) and low volatile metal ( arsenic, beryllium, and chromium) emission standards by establishing and complying with the following operating parameter limits base on operations during the comprehensive performance test:

  Maximize inlet temperature to dry particulate matter air pollution control device;   Maximum federate of semivolatile and low volatile metals; APCD operating parameter limits specified for particulate matter;   Maximum total chlorine and chloride federate; and   Maximum flue gas flowrate or production rate.

A l2 hour rolling average limit for the federates of combined semivolatile metals and combined low volatile metals must be established, in all feedstreams as the average of the average hourly rolling averages for each run, as well as a l2 hour rolling average limit for combined semivolatile metals in all pumpable feedstream as the average of the average holly rolling averages for each run. Dual feedrate limits for both pumpable and total feedstreams are not used if the total feedrate limit is based solely on the feederate of pumpable feedstreams.

Section 63.1209( n)( 2)( ii) states that the use semivolatile metal and low volatile metal federates and associated emission rates during the comprehensive performance test to extrapolate to higher allowable federate limits and emission rates may be requested as part of the performance test plan.

Under Section 63.1209( a)( 5), HWCs may petition to: EPA to use CEMS for compliance monitoring for semivolatile and low volatile metals in lieu of compliance with the corresponding operating parameter limits under Section 63.1209.

( ii) Respondent activities Comply with the following operating parameter limits:

  Maximum inlet temperature to dry particulate matter air pollution control device;   Maximum feedrate of semivolatile and low volatile metals;   APCD operating parameter limits specified for particulate matter;   Maximum total chlorine and chloride feedrate   Maximum flue gas flowrate or production rate; and   Prepare and submit request to extrapolate semivolatile metal and low volatile metal feedrate limits; or   Install, calibrate, maintain, and continuously operate CEMS for compliance monitoring for semivolatile metals and low volatile metals.

Total Chlorine ( Hydrogen Chloride and Chlorine Gas)

( i) Data items Under Section 63.1209( o), HWCs must comply with the total chlorine emission standard 32 by establishing and complying with the following operating parameter limits based on operations during the comprehensive performance test:

  Feedrate of total chlorine and chloride;   Maximum flue gas flowrate or production rate;   Parameter limits for the following air pollution control devices: wet scrubbers and dry scrubbers.

Under Section 63.1209( a)( 5), HWCs may petition the EPA to use CEMS for compliance monitoring for total chlorine in lieu of compliance with the corresponding operating parameter limits under Section 63.1209.

For HWCs equipped with dry scrubbers, Section 63.1209( o)( 4)( iii)( B) states that a different brand or type of sorbent may be substituted at any time provided that the replacement has equivalent or improved properties compared to the serpent used in the performance test and conforms to the key parameters. Documentation that the substitute sorbent will provide the some level of control as the original sorbent must be included in the operating record.

( ii) Respondent activities Comply with the following operating parameter limits:

  Comply with the following operating parameter limits feedrate of total chlorine and chloride; maximum flue gas flowrate or production rate; and operating parameter limits for wet and dry scrubbers; and   Document in the operating record that replacement sorbent will provide the same level of control as the original sorbent used during the performance test; or   Install, calibrate, maintain, and continuously operate CEMS for compliance storing for total chlorine.

Operating under Different Modes of Operation ( i) Data items Given that HWCs must establish limits for applicable operating parameters based on operations during the comprehensive performance test, Section 63.1207( g)( 1)( i) states that a HWC may conduct testing under two or more operating modes to provide operating flexibility.

Under Section 63.1209( q), when the HWC changes a mode of operation and begins complying with the operating parameter limits for an alternative mode of operation, it must be recorded in the operating record.

( ii) Respondent activities   Document the mode of operation in the operating record, if a source has tested 33 under two or more operating modes.

NOTIFICATION REQUIREMENTS HWCs must submit various notifications listed under Section 63.1210( a)( 1). HWCs must also submit a number of notifications listed under Section 63.1210( a)( 2) for requests, petitions, or applications in order to comply with reduced or alternative requirements. The following section provides descriptions of notification requirements not discussed in preceding or following sections of this document.

Initial Notifications ( i) Data items The initial notification requirements of Section 63.9( b) apply to the owner or operator of an affected source when such source becomes subject to the relevant standard. An affected source with an initial startup date before the effective date of the relevant standard shall notify the EPA in writing that the source is subject to the relevant standard. The notification shall be submitted not later than 120 calendar days after the effective date of the relevant standard ( or within 120 calendar days our the source becomes subject to the relevant standard), and shall provide the following information:

  The name and address of the owner or operator;   The address of the affected source;   An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date;   A brief description of the nature, size, design, and method of operation of the source, including its operating design capacity and an identification of each point of emission for each hazardous air pollutant, or if a definitive identification is not yet possible, a preliminary identification of each point of emission for each hazardous air pollutant; and   A statement of whether the affected source is a major source or an area source.

The owner or operator of a new or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, with an initial startup after the effective date of the relevant standard and for which reapplication for approval of construction or reconstruction is not required, shall notify the EPA in writing that the source is subject to the relevant standard no later the 120 days after initial startup. The notification shall provide all the information listed above.

After the effective date of the relevant standard, an owner or operator who intends to construct a new affected source, or reconstruct a source such that it becomes an affected source, shall notify the EPA in writing of the intended construction or reconstruction. The notification shall be submitted as soon as practicable before the construction or reconstruction commences after the effective date of the relevant standard or as soon as practicable before startup but no later than 60 days of the relevant standard if the construction or reconstruction had commenced and initial startup has not occurred before 34 the standard's effective date. The notification shall include all the information required for an application for approval of construction or reconstruction, as described below.

Application for Approval of Construction or Reconstruction ( i) Data items Under Section 63.5( d), a separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum:

  The applicant's name and address;   A notification of intention to construct a new major affected source of make any physical or operational change to a major affected source that may meet or has been determined to meet the criteria for a reconstruction;   The address or proposed address of the source;   An identification of the relevant standard that is the basis of the application;   The expected commencement date of the construction or reconstruction;   The expected completion date of the construction or reconstruction;   The anticipated date of ( initial) startup of the source; and   The type and quantity of hazardous air pollutants emitted by the source, or if actual emissions data are not yet available, an estimate of the type and quantity of hazardous air pollutants expected to be emitted by the source.

An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis shall submit the actual measured emissions data and other correct information as soon as available but no later than with the Notification of Compliance status.

Additionally, each application for approval of construction shall include technical information describing the proposed nature, size, design, operating design capacity, arid method of operation of the source, including an identification of each point of emission for each hazardous air pollutant that is emitted ( or could be emitted) and a description of the planned air pollution control system ( equipment or method) for each emission point.

Each application for approval of reconstruction shall also include:

  A brief description of the affected source and the components that are to be replaced;   A description of present and proposed emission control systems ( i. e., equipment or methods);   An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;   The estimated life of the affected source our the replacements;   A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements; and 35   If in the application for approval of reconstruction the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or other requirements, the owner or operator need not submit the information required in the last three bullets listed above.

The EPA may request additional relevant information after the submittal of an Application for approval of construction or reconstruction. It is noted that Section 63.9( b)( 1)( i) pertains to notification requirements for area sources that become a major source, and Section 63.9( b)( 2)( v) requires a major source determination. Although area sources are subject to all provisions of Subpart EEE, these sections nonetheless apply because the major source determination may affect the applicability of Part 63 standards or of Title V permit requirements to other sources ( i. e., other than the hazardous waste combustor) of hazardous air pollutants at the facility.

( ii) Respondent activities   Prepare and submit an initial notification;   Prepare and submit an application of approval of construction, as applicable;   Prepare and submit an application of approval of reconstruction, as applicable; and   Submit additional relevant information as requested by the EPA.

Adjustment to Time Periods or Postmark Deadlines for Submittal and Review of Required Communications ( i) Data items Under Section 63.9( i), the owner or operator of an effected source shall request an adjustment for submittal and review of required time period or postmark deadline each time they wish to change an applicable time period or postmark deadline specified in 40 CFR Part 63. The request shall be made in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information he or she considers useful to convince the EPA that an adjustment is warranted. The EPA will notify the source in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.

( ii) Respondent activities   Prepare and submit a request for an adjustment to a time period or postmark deadline.

Change in Information Already Provided ( i) Data items As required by Section 63.9( j), any change is the information already provided under 36 Section 63.9 shall be provided to the EPA in writing within 15 calendar days after the change.

( ii) Respondent activities   Submit change( s) in the information already provided, as decease.

Request to Reduce Frequency of Excess Emissions and Continuous Monitoring System Performance Reports ( i) Data items Under Section 63.10( e)( 3)( ii), an owner or operator of an affected source required by a relevant standard to submit excess emission: and continuous monitoring system performance ( and summary) reports on a quarterly ( or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:

  For 1 full year ( e. g., 4 quarterly or 12 monthly reporting periods) the affected source's excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance with: the relevant standard;   The source continues to comply with all recordkeeping and monitoring requirements; and   The EPA does not object to a reduced sequence of reporting for the affected source.

The frequency of reporting of excess emissions and continuous monitoring system performance ( and summary) reports may be reduced only alter the source notifies the EPA in writing of its intention to make such a change and the EPA does not object to the intended change.

( i) Respondent actions   Prepare and submit a request to reduce frequency of excess emissions and CMS performance reports.

Waiver of Recordkeeping or Reporting Requirements ( i) Data items Under Section 63.10( f), recordkeeping or reporting requirements may be waived upon written application to the EPA if, in the EPA's judgement, an affected source is achieving the relevant standards, or the source is operating under an extension of compliance, or the source has requested an extension of compliance and the EPA is still considering that request. If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance, any required 37 compliance progress report or compliance stabs report required or in the source'' s title V permit, or an excess emissions and continuous monitoring system performance report, whichever is applicable. The application shall include whatever information the source considers useful to convince the EPA that a waiver of recordkeeping or reporting is warranted.

( i) Respondent activities   Prepare and submit a waiver of recordkeeping or reporting.

Data Compression ( i) Data items Under Section 63.1211( d), a writhed request may be submitted to the EPA for approval to use data compression techniques to record data from CMS, including CEMS, on a frequency less than required by Section 63.1209. The request must be submitted for review and approval as part of the comprehensive performance test plan.

( ii) Respondent activities   Prepare and submit request for approval to use data compression techniques to record data on a less frequent basis than required by Section 63.1209.

RECORDKEEPING AND REPORTING REQUIREMENTS Section 63.1211( a) provides a summary of the various reporting requirements that must be submitted by HWCs. Documents, data, or information that must be retained in the operating record are summarized in Section 63.1211( c). The following section provides descriptions of reporting and recordkeeping requirements not discussed in preceding or following sections of this document.

Startup, Shutdown, and Malfunction Reports ( i) Data items Under Section 63.10( d)( 5)( i), if actions taken during a startup, shutdown, or malfunction are consistent with the procedures specified in the source's startup, shutdown, and malfunction plan, such information shall be stated in a setup, shutdown, and malfunction report. Reports shall only be required if a stamp, shutdown, or malfunction occurred during the reporting period. the startup, shutdown, and malfunction report shall consist of a letter, containing the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, that shall be submitted to the EPA semiannually. The report shall be delivered or postmarked by the 30th day following the end of each calendar half ( or other calendar reporting period, as appropriate).

Under Section 63.10( d)( 5)( ii), any time an action taken during a startup, shutdown, and 38 malfunction is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the actions take: for that event shall be reported within 2 working days after commencing actions inconsistent with the plan followed by a letter within 7 working after the end of the event. The immediate report required shall consist of a telephone call ( or facsimile ( FAX) transmission) to the EPA within 2 working days after commencing actions inconsistent with the plan, and it shall be followed by a letter, delivered or postmarked within 7 working days our the end of the event, that contains the name, title, and signature of the responsible official who is certifying its accuracy, explaining the circumstance of the event, the reasons for not following the startup, shutdown, and malfunction plan, and whether any excess emissions and/ or parameter monitoring excellences are believed to have occurred.

( ii) Respondent activities   Prepare and submit a periodic startup, shutdown, and malfunction report, as applicable; and   Prepare and submit an immediate startup, shutdown, and malfunction plan, as applicable.

Excess Emissions and Continuous Monitoring System Performance Report and Summary Report ( i) Data items Under Section 63.10( e)( 3), the owner or operator of an affected source required to install a CMS by a relevant standard shall submit an excess emissions ad continuous monitoring system performance report and/ or summary report to the EPA semiannually. The summary report shall be entitled summary Report  Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance, and shall contain the following information:

  The company name and address of the affected source;   An identification of each hazardous air pollutant monitored at the affected source;   The beginning and ending dates of the reporting period;   A brief description of the process units;   The emission and operating parameter limitations specified in the relevant standard( s);   The monitoring equipment manufacturer( s) and model number( s);   The date of the latest CMS certification or audit;   The total operating time of the affected source during the reporting period; An emissions data summary ( or similar summary if the owner or operator monitors ' control system parameterize including:  The total duration of excess emissions during the reporting period ( recorded in minutes for opacity and hours for goes);  The total duration of excess emissions expressed as a percent of the total source operating time during that reporting period; and  A breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/ shutdown, control equipment 39 problems, process problems, other known causes, and other unknown causes;  A CMS performance summary ( or similar summary if the owner or operator monitors control system parameters), including:  The total CMS downtime during the reporting period ( recorded in minutes for opacity and hours for gases);  The total duration of CMS downhill: expressed as a percent of the total source operating time during that reporting period; and  A breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/ quality control calibrations, other known causes, and other unknown causes;  A description of any changes in CMS, processes, or controls since the last reporting period;   The name, title, and signature of the responsible official who is certifying the accuracy of the report; and   The date of the report.

All excess emissions and monitoring system performance reports and all summary reports, if required, shall be delivered or postmarked by the 30th day following the end of each calendar year, as appropriate.

( ii) Respondent activities   Prepare and submit an excess emissions and monitoring system performance report and summary report.

General Recordkeeping Requirements ( i) Data items Under Section 63.10( b), the owner or operator of an affected source shall maintain files of all information ( including 21 reports and notifications) in a form suitable and readily available for expeditious inspection and review. The files shall be retained for a least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimal, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained in microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche.

Sources shall maintain relevant records for such source of:

  The occurrence and duration of each startup, shutdowns or malfunction of operation;   The occurrence and duration of each malfunction of the air pollution control equipment;   All maintenance performed on the air pollution control equipment;   Actions taken during periods of startup, shutdown, aid malfunction when such 40 actions are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan;   All information necessary to demonstrate conformance with the affected source's startup, shutdown, and malfunction plan are consistent with the procedures specified in such plan;   Each period during which a CMS is malfunctioning or inoperative; All required measurements needed to demonstrate compliance with a relevant standard;   All required measurements needed to demonstrate compliance with a relevant standard;   All results of performance tests, CMS performance evocations, and opacity ad visible emissions observations;   All measurements as may be necessary to determine the conditions of performance tests and performance evaluations; All CMS calibration checks;   All adjustments and maintenance performed on CMS;   Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver;   Al1 emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted such emission; and   All documentation supporting initial notifications and notifications of compliance.

( i) Respondent activities   Retain files of all information ( including all reports and notification) for at least 5 years Additional Recordkeeping Requirements for Continuous Monitoring Systems ( i) Data items Under Section 63.10( c), the owner or operator of an affected source required to install a CMS by a relevant standard shall maintain records for such source of:

  All required CMS measurements   The date and time identifying each period during which the CMS was out of control;   The specific information of each period of excess emissions and parameter monitoring exceedingly, as defined in the relevant standard( s), ( has occurs during startups, shutdowns, and malfunctions of the affected source;   The specific information of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard( s), that occurs during periods other than startups, shutdowns, and malfunctions of the affected source;   The nature and cause of any malfunction;   The corrective action taken or preventive measures adopted;   The nature of the repairs or adjustments to the CMS that was inoperative or out of control; 41   The total process operating time during the reporting period; and   All procedures that are part of a quality control program developed and implemented for CMS.

( ii) Respondent activities   Maintain additional records for continuous monitoring systems.

Documentation of Compliance ( i) Data items As required by Section 63.1211( c), by the compliance date, a Documentation of Compliance must be developed and included in the operating record. The Documentation of Compliance mist identify the applicable emission standards under Subpart EEE and the limits on the operating parameters under Section 63.1209 that will ensure compliance with those emission standards. A signed and dated certification must be included in the Documentation of Compliance that:

  Required CEMS and CMS are installed, calibrated, aid continuously operating in compliance with the requirements of Subpart EEE; and   Based on an engineering evaluation prepared under an owner or operator's direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation, and considering at a minimum the design, operation, and maintenance characteristics of the combusted and emissions control equipment, the types, quantities, and characteristics of feedstreams, and available emission data:  A source is in compliance with the emission standards of Subpart EEE; and  The limits on the operating parameters under Section 63.1209 ensure compliance with the emissions standards of Subpart EEE.

( ii) Respondent activities   Develop a Documentation of Compliance and include it in the operating record.

COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS ( i) Data items Under Section 63.1213, HWCs may request from the EPA or State with an approved Title V program an extension of the compliance data of up to 1 year. An extension may be granted if it can be reasonably documented that the installation of pollution prevention or waste minimization measures will significantly reduce the amount and/ or toxicity of hazardous waste entering the feedstream( s) of the hazardous waste combustor( s), and that the necessary control measures could not be installed and the emission standards and 42 operating requirements of Subpart EEE could not be complied with within 3 years after their effective date.

Requests for a 1 year extension must be made in writing and received not later than 4 months before the compliance date. The request must contain the following information:

  A description of pollution prevention or waste minimization controls, that, when installed, will significantly reduce the amount and/ or toxicity of hazardous waste entering the feedstream( s) of too: hazardous waste combustor( s). Pollution prevention or waste minimization measures may include: equipment or technology modifications, reformulation or redesign of products, substitution of raw materials, improvements in work practices, maintenance, training, inventory control, or recycling practices conducted as defined in Section 261.1( c);   A description of other pollution controls to be installed that are necessary to comply with the emission standards and operating requirements;   A reduction goal or estimate of the annual reductions in quantity and/ or toxicity of hazardous whets) entering combustion feedstream( s) that will be achieved by installing the proposed pollution prevention or waste minimization measures;   A comparison of reductions in the amounts and/ or toxicity of hazardous wastes combusted our installation of pollution prevention or waste minimization measures to the amounts and/ or toxicity of hazardous wastes combusted prior to the installation of these measures. If the difference is less than a fifteen percent reduction, include a comparison to pollution prevention and waste minimization reductions recorded during the previous five years;   Reasonable documentation that installation of the pollution prevention or waste minimization changes will not result in a net increase ( except for documented increases in production) of hazardous constituents released to the environment through other emissions, wastes or effluents;   Reasonable documentation that the design and installation of waste minimization and other measures that are necessary for compliance with the emission standards and operating requirements of Subpart EEE cannot otherwise be installed within the three year compliance period; and   The information required in 63.6( i)( 6)( i)( B) through ( D).

( ii) Respondent activities   Prepare and submit a request for an extension of compliance data due to installation of pollution prevention controls; and   Prepare and submit a request for an extension of compliance data due to waste minimization controls.

QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS Various quality assurance requirements are used to evaluate the effectiveness of quality control ( QC) and quality assurance ( QA) procedures and the quality of day produced by continuous emission monitoring systems ( CEMS) that are used for determining 43 compliance with emission standards on a continuous basis as specified in the applicable regulation.

QC Requirements ( i) Data items Under Appendix to Subpart EEE, Section 1.1, data collected as a result of the required QC measures are to be recorded in the operating record.

As specified in Appendix to Subpart EEE, Section 3.1, HWCS must develop and implement a QC program. At a minimum, each QC program must include written procedures describing in detail complete, step by step procedures and operations for the following activities:

  Checks for component failures, leaks, and other abnormal conditions;   Calibration of CEMS;   CD determination and adjustment of CEMS;   Integration of CEMS with the automatic waste feed cutoff ( AWFCO) system;   Preventive Maintenance of CEMS ( including spare parts inventory);   Data recording, calculations, and reporting;   Checks of record keeping,   Accuracy audit procedure, including sampling and analysis methods;   Program of corrective action for malfunctioning CEMS;   Operator training and certification; and   Maintaining and ensuring current certification or naming of cylinder gasses, metal solutions, and particulate samples used for audit and accuracy tests, daily checks, and calibrations Whenever excessive inaccuracies occur for two consecutive queers, the current written procedures must be revised or the CEMS modified or replaced to correct the deficiency causing the excessive inaccuracies. These written procedures must be kept on record and available for inspection by the EPA.

( ii) Respondent activities   Develop and implement a QC program;   Revise program, if necessary; and   Record program in the operating record.

QA Requirements ( i) Data items Under Appendix to Subpart EEE, Section 1.1, data collected as a result of the required QA measures are to be recorded in the operating record. 44 As specified in Appendix to Subpart EEE, Section 3.2, HWCs must develop and implement a QA plan that includes, at a minimum, the following:

  QA responsibilities ( including maintaining records, preparing reports, reviewing reports);   Schedules for daily checks, periodic audits, and preventive maintenance,   Check lists and data sheets;   Preventive maintenance procedures;   Description of the media, format, and location of all records and reports; and   Provisions for a review of the CEMS data at left once a year. Based on the results of the review, the QA plan must be revised or updated, if necessary.

( i) Respondent activities   Develop and implement a QA plan;   Revise or update plan, if necessary; and   Record plan in the operating record.

Calibration Drift ( CD) and Zero Drift ( ZD) Assessment and Daily System Audit ( i) Data items Under Appendix to Subpart EEE, Section 4, HWCs must check, record, and quantify the ZD and the CD at least once daily ( approximately 24 hours) in accordance watts the method prescribed by the manufacturer. The CEMS calibration must, at a minimum, be adjusted whenever the daily ZD or CD exceeds the limits in the Performance Specifications. If the ZD and/ or CD exceed( s) two time the limits in the Performance Specifications, or if the cumulative adjustment to the ZD and/ or CD exceed( s) three times the limits in the Performance Specifications, hazardous waste burning must immediately cease and the CEMS must be serviced and recalibrated. Hazardous waste burning cannot resume until it is documented that the CEMS is in compliance w1111with the Performance Specifications by caging out an Absolute Calibration Audit ( ACA).

Thee daily system audit must include:

  A review of the calibration check data;   An inspection of the control panel warning lights; and   An inspection of the sample transport and interference system ( e. g., sample probes, filters, etc.) as appropriate.

In addition, all measurements from the CEMS must be retained in the operating record for at least 5 years.

( ii) Respondent activities   Check, record, and quantify the ZD and CD at least once daily; and   Retain all measurement from to: CEMS in the operating record for at least 5 years. 45 Performance Evaluation ( i) Data items Under Appendix to Subpart EEE, Section 5, for Carbon Monoxide ( CO), Oxygen ( O2), and Hydrocarbon ( HC) CEMS, an ACA must be conducted quarterly, and a Relative Accuracy Audit ( RATA) must be conducted yearly. An Interference Response Test must be performed whenever an ACA or a RATA is conducted. When a performance fist is also required under Section 63.1207 to document compliance with emission standards, the RATA must coincide with the performance test. The audits must be conducted as follows:

  The RATA must be conducted at least yearly. This requirement applies to O2 and CO CEMS;   The ACA must be conducted at least quarterly except in a quarter when a RATA is conducted instead. This requirements applies to all CEMS; and   The interference response test must be conducted whenever an ACA or RATA is conducted.

As required by Section 63.8( e)( 5), HWCs shall furnish the EPA a copy of a written report of the results of the performance evaluation simultaneously with the performance test, or within 60 days of completion of the performance evaluation if no test is required.

( ii) Respondent activities   Conduct the ACA, RATA or interference response test as applicable; and   Prepare and submit a written report of the results of the performance evaluation.

Use of Alternative CEMS Spans ( i) Data items Under Appendix to Subpart EEE, Section 6.3.5, HWCs may request approval to use alternative spans and ranges for CO, O2, and HC CEMS to those specified in Appendix to Subpart EEE, Sections 6.3.1 through 6.3.4. Alternate spans must be approved in writing in advance by the EPA.

( ii) Respondent activities   Prepare and submit a request to use an alternative CEMS span.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the 46 information it collects. The subsections also discuss how the information collection requirements affect small entities.

5( a). AGENCY ACTIVITIES Required Agency activities are described in this section.

STANDARDS FOR HAZARDOUS WASTE BURNING CEMENT KILNS Cement Kilns with In line Kiln Raw Mills   Review notifications to comply with the emission averaging requirements for cement kilns with in line raw mills; and   Notify applicants of EPA's determination.

Cement Kilns with Dual Stacks   Review notifications to comply with emission averaging requirements for cement kilns with dual stacks; and   Notify applicants of EPA's determination.

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS Compliance with Standards   None.

Extension of Compliance with Emission Standards   Review requests for extension of the compliance date;   Review progress reports, if required by EPA; and   Notify applicants of EPA's determination.

Changes in Design, Operation, or Maintenance   Review notifications of changes in design, operation, or maintenance, and   Notify applicants of EPA's determination.

Applicability of Particulate Matter and Opacity Standards during Particulate Matter CEMS Correlation Tests   Review PM CEMS correlation test plans; and   Notify applicants of EPA's determination.

Alternative Standards for Existing or New Hazardous Waste Burning Lightweight Aggregate Kilns Using MACT 47   Review requests for approval of alternative emission standards for LWAKs; and   Notify applicants of EPA's determination.

Alternative Standards for Existing or New Hazardous Waste Burning Cement Kilns using MACT   Review requests for approval of alternative emission standards for CKs; and   Notify applicants of EPA's determination.

Alternative Particulate Matter Standard for Incinerators with Low Feedrates of Metals   Review petitions for alternative particulate matter standard for incinerators with low federates of metals, and   Notify applicants of EPA's determination.

Startups Shutdown and Malfunction Plan   Review startup, shutdown, and malfunction plans.   Notify applicants of EPA's determination.

Automatic Waste Feed Cutoff ( AWFCO)

  Review excessive exceedance reports; and   Notify applicants of EPA's determination.

ESV Openings   Review ESV opening reports; and   Notify applicants of EPA's determination.

Combustion System Leaks   Review requests for approval of alternative means of combustion system leak control; and   Notify applicants of EPA's determination.

Operator Training and Certification   Review operator training and certification programs; and   Notify applicants of EPA's determination.

PERFORMANCE TESTING REQUIREMENTS Data in Lieu of the Comprehensive Performance Test   Review requests to base compliance on data in lieu of a comprehensive 48 performance test,   Notify applicants of EPA's determination.

Notification of Performance Test and CMS Performance Evaluation, and Approval of Test Plan and CMS Performance Evaluation Plan   Review notifications of intention to conduct a performance test;   Review notifications of delay in conducting a performance test;   Review site specific test plans,   Request additional relevant information; and   Notify applicants of EPA's determination.

Notification of Compliance   Review notifications of compliance,   Review requests for a time extension for Notification of Compliance, and   Notify applicant of EPA's determination.

Waiver of Performance Test   Review requests to waive a performance test   Notify applicants of EPA's determination MONITORING REQUIREMENTS Feedstream Analysis   Review feedstream analysis plan, as requested by EPA.

Alternative Compliance Monitoring Requirements for Standards other than those Monitored with a CEMS   Review requests for approval of alternative monitoring requirements, except for standards that must be monitored with a CEMS;   Review requests for approval of a waiver of an operating parameter limit;   Notify applicants of EPA's determination for approval of alternative monitoring requirements; and   Notify applicants of the EPA's determination for approval of a waiver of an operating parameter limit.

CMS Performance Evaluations Quality Control Program   Review CMS quality control programs; and   Notify applicants of EPA's determination. 49 Notification of Performance Evaluation   Review notifications of CMS performance evaluation.

Additional Notification Requirements for Sources with Continuous Monitoring Systems   Review notifications of COMS data results will be used to determine compliance with the applicable opacity emission standard; and   Review notifications that the criterion necessary to continue use of an alternative to relative accuracy testing has been exceeded.

Submission of Site specific Performance Evaluation Test Plan   Review site specific performance evaluation test plans;   Request additional relevant information; and   Notify applicants of EPA's determination.

Reporting Results of Continuous Monitoring System Performance Evaluations   Review report of the results of CMS performance evaluations.

DRE   Review DRE operating parameter limits ( submitted in the Notification of Compliance).

Dioxins and Furans   Review dioxin and furan operating parameter limits ( submitted in the Notification of Compliance);   Review requests to substitute a different brand or type of carbon;   Review requests to substitute a different brand or type of inhibitor;   Notify applicants of EPA's determination on requests to substitute a different brand or type of carbon; and   Notify applicants of EPA's determination on requests to substitute a different brand or type of inhibitor.

Mercury   Review mercury operating parameter limits ( submitted in Notification of compliance);   Review requests for approval to use a CEMS in lieu of operating parameter limits;   Notify applicants of EPA's determination on requests to extrapolate mercury feedrate limits; and   Notify applicants of EPA's determination for approval to use a CEMS. 50 Particulate Matter   Review particulate matter operating parameter limits ( submitted in the Notification of Compliance).

Semivolatile Metals and Low Volatile Metals   Review semivolatile metals and low volatile metals operating parameter limits ( submitted in the Notification of Compliance);   Review requests for approval to use a CEMS in lieu of operating parameter limits   Review requests to extrapolate semivolatile add low volatile metal federate limits;   Notify applicants of EPA's determination on requests to extrapolate SVM and LVM federate limits   Notify applicants of EPA's determination for approval to use a CEMS.

Total Chlorine ( Hydrogen chlorine and chlorine gas)

  Review total chlorine operating parameter limits ( submitted in the Notification of Compliance);   Review requests for approval to use a CEMS in lieu of operating limits;   Review requests to substitute a different brand or type of sorbent;   Notify applicants of the EPA's determination on request to substitute a different brand or type of sorbent; and   Notify applicants of EPA's determination for approval to use a CEMS.

NOTIFICATION REQUIREMENTS Initial Notifications   Review initial notifications;   Review applications for approval of construction or reconstruction, as applicable; and   Notify applicants of EPA's determination.

Adjustment to Time Periods or Postmark Deadlines for Submittal and Review of Required Communications   Review requests for an adjustment to time periods or postmark deadlines for submittal and review of required information; and   Notify applicants of EPA's determination.

Change in Information Already Provided   Review notifications of changes in information already provided.

Request to Reduce Frequency of Excess Emissions and Continuous Monitoring System Performance Reports 51   Review requests to reduce the frequency of excess emissions and CMS performance reports; and   Notify applicants of EPA's determination.

Waiver of Recordkeeping or Reporting Requirements   Review requests to waive recordkeeping or reporting requirements; and   Notify applicants of EPA's determination.

Data Compression   Review requests to use data compression techniques to record data on a less frequent basis, and   Notify applicants of EPA's determination.

RECORDKEEPING AND REPORTING REQUIREMENTS Startup, Shutdown, and Malfunction Reports   Review periodic startup, shutdown, and malfunction plan, as applicable; and   Review immediate startup, shutdown, and malfunction plan, as applicable .

Excess Emissions and Continuous Monitoring System Performance Report and Summary Report   Review excess emissions and CMS performance reports and summaries;   Review requests to reduce the frequency of excess emissions and CMS performance reports; and   Notify applicants of EPA's determination.

General Recordkeeping Requirements   Inspect and review files of all information ( including reports and notifications), as necessary.

COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS   Review requests for extensions of compliance dates;   Notify applicants of EPA's determination.

QUALITY ASSURANCE PROCEDURE FOR CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS Performance Evaluation 52   Review data collected from CEMS performance evaluations; and   Notify applicants of EPA's determination.

Use of Alternative CEMS Spans   Review requests for approval to use alternative CEMS spans and ranges; and   Notify applicants of EPA'' s determination.

5( b). COLLECTION METHODOLOGY AND MANAGEMENT For the regulated community, much of the ICR activity is comprised of recordkeeping requirements that are typically submitted by mail directly ( or computer files) to EPA for review. Some recordkeeping information, however, would also be kept in facility files. This requires the implementing authority to visit and collect from the facility any information that needs to be reviewed.

Agency management of collected information includes review of information, making determinations, and filing and storing information collected. In collecting and analyzing the information required for HWCs, the Agency uses electronic equipment, including telephone systems, personal computers, electronic mail, and database software, as appropriate. EPA ensures the accuracy and completeness of the collected information by reviewing each submittal.

5( c). SMALL ENTITY FLEXIBILITY EPA has considered the reporting and recordkeeping burdens of the rule for small businesses. The regulations allow much of the information requirements to be kept in facility records rather than in submittals to EPA, thus reducing time and costs of providing the information.

Additionally, we have conducted an incremental assessment of cost savings or burdens that may result from the interim standards on six ( 6) HWC facilities that were identified as small businesses. Based on the analysis of available data, we conclude that there would not be a significant economic impact to any of the potentially impacted small business combustor companies resulting from this rule. For detail of the analysis, see " Preliminary Impacts Assessment   Interim Standards for Hazardous Air Pollutants from Hazardous Waste Combustors," dated January 17, 2002, in the docket to the Interim Standards Rule.

5( d). COLLECTION SCHEDULE All of the ICR requirements have clearly defined reporting schedules. For example, these include:

  Periodic  Comprehensive performance test plans and Notification of Compliances are required to be submitted in a periodic, well defined, manner.   One time  Construction / reconstruction applications, alternative monitoring requests, extension of compliance waivers, operating limit waivers. 53   Intermittent  AWFCO and ESV opening reports, test waivers, inhibitor and carbon substitution requests, CEMS evaluation reports.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a). RESPONDENT BURDEN EPA estimates the respondent burden hours and costs associated for all the information collection requirements covered by this ICR in Exhibit 1. This Exhibit shows for each activity the burden hours ( total and by labor type) per respondent, as well as the overall burden hours for all respondents.

6( b). RESPONDENT COSTS Exhibit 1 estimates the annual costs to respondents based on the cost of labor, operation and maintenance ( O& M), and capital.

Labor Costs EPA estimates an average respondent labor rate ( including fringe and overhead) of $ 101.68 for legal staff, $ 77.35 for managerial staff, $ 59.51 for technical staff, $ 77.35 for consultant staff, and $ 28.65 for clerical staff. To derive these rates, EPA referred to the loaded hourly rates in other recently approved ICRs. EPA applied an adjustment factor of 1.082 to update the earlier loaded hourly rates to reach 2003 levels ( based on employment cost indexes developed by the U. S. Bureau of Labor Statistics, available at http:// www. bls. gov). These loaded hourly rates are based on national averages, and include worker benefits ( such as paid leave, supplemental pay, insurance, retirements savings, and social security).

Operating and Maintenance Costs Operating and maintenance ( O& M) costs are costs associated with a paperwork requirement that are incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act as " the recurring dollar amount of costs associated with O& M or purchasing services." For this ICR, O& M costs include:

  Preparation of paper copies ($ 0.04/ page)   Transmission by U. S. mail ($ 10/ package via registered mail).   Recordkeeping in file cabinets   Operation, maintenance, calibration, and testing of continuous monitoring systems and continuous emissions monitors, with costs based on recent quotes from instrument vendors   Feedstream sampling and analysis · .

Comprehensive performance compliance testing, with costs based on costs from 54 recent conducted testing programs.

Capital / Start up Costs Capital equipment costs usually include any produced physical goods needed to provide the needed or requested information, such as measuring and monitoring equipment, machinery, and computers. For this ICR, capital/ start up costs include:

  Continuous monitoring and continuous emissions monitoring systems,   File cabinets for records storage, and   Other miscellaneous equipment items needed to meet the recordkeeping and reporting requirements.

Annualized Capital Costs The one time incurred capital equipment costs have been annualized over the expected lifetime of the equipment using the standard discounting rate of 7%.

6( c). AGENCY BURDEN AND COST EPA estimates the Agency burden hours and costs associated with all the requirements covered in this ICR in Exhibit 2. EPA Headquarters, Regional, and State offices will be involved in these activities. Burden is due to the needed review of test workplans, petitions, notifications, and requests. Hourly wage rates for the Agency are estimated at $ 60.42 for legal staff, $ 38.35 for managerial staff, $ 26.91 for technical staff, and $ 16.36 for the clerical staff. These rates are based on the " General Schedule Salary Table 2003," available at http:// www. opm. gov/ oca/ oztables/ index65. html.

It is estimated that the paperwork cost of $ 0.57 is incurred each time the Agency has to contact a facility ( for example, to notify them of the results of a waiver application). This is based on $ 0.37 postage and $ 0.20 copying charges.

6( d). RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS RESPONDENT UNIVERSE Table 1 shows the estimated respondent ICR burden. The estimated burden and cost represents the average burden and cost incurred by a facility with combustion units. Actual burden may vary, depending on the number, capacity, and complexity of the combustion units at the facility.

UNIVERSE DETERMINATION number of hazardous waste combustors subject to the information collection requirements of the HWC MACT Rule covered by this ICR. The number of hazardous waste combustors is based on various sources, including recent State and EPA/ OSW Headquarters survey data, industry reports, and in house estimates. 55 Table 1. Existing Combustion Facilities Burning Hazardous Waste Combustion Unit Type # of Units # of Facilities Cement Kilns 25 14 Lightweight Aggregate Kilns 9 3 Commercial Incinerators 22 14 On Site Incinerators 105 85 Total 161 116 Additionally, it is estimated that an average of 3 new incinerators ( no new CK or LWAKs) will be operational during the life of this ICR i. e., the next 3 years. Thus the total number of facilities impacted by this ICR is 119.

TOTAL BURDEN AND COSTS WHO IS SUBJECT TO THESE REGULATIONS All HWCs will read the regulations at 40 CFR Part 63, Subparts A and EEE.

STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, CEMENT KILNS, AND LIGHTWEIGHT AGGREGATE KILNS Emission Averaging for Cement Kilns with In line Kiln Raw Mills We estimate that 3 cement kilns with in line kiln raw mills will comply with the emission averaging requirements for kilns of this type. Thus, they will conduct a performance test when the raw mill is on line and when the mill is off line, and include the averaging procedures in their Notification of Compliance and operating record. We note that these procedures are similar to that currently required under RCRA BIF regulations.

Emission Averaging for Preheater or Preheater/ Precalciner Kilns with Dual Stacks There are no hazardous waste burning cement kilns with dual stacks.

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS Compliance with Standards It is estimated that 5% of facilities will document in the operating record compliance with alternative applicable CAA requirements and standards.

Extension of Compliance with Emission Standards It is estimated that 20% of all facilities ( 23) will apply for an extension of compliance with emission standards, of which 10% will be granted extensions. 56 Changes in Design, Operation, or Maintenance It is estimated that 50% of the facilities will be making design, operation, and maintenance changes to comply with the Interim Standard Rule. These though will not initiate additional comprehensive performance testing beyond the single testing event that is required.

Use of Previous DRE Test Results to Demonstrate Compliance with DRE MACT Standards It is estimated that all sources will request the use of previous DRE test results for demonstrating compliance with the MACT DRE standard.

Applicability of Particulate Matter and Opacity Standards during Particulate Matter CEMS Correlation Tests It is not projected that any HWCs will elect to use PM CEMS.

Alternative Standards for Hazardous Waste Burning Lightweight Aggregate Kilns using MACT It is estimated that 1 LWAK will petition for alternative emission standards.

Alternative Standards for Hazardous Waste Burning Cement Kilns using MACT It is estimated that 2 cement kilns will petition for alternative emission standards.

Alternative Monitoring Location for Cement Kilns Burning Hazardous Waste at a Location Other Than the Hot End It is estimated that 1 cement kilns will petition for an alternative monitoring location when burning hazardous waste at a location other than the hot end.

Alternative Particulate Matter Standard for Incinerators With Low Feedrate Metals It is estimated that 10% of the on site incinerators ( 9) will petition for an alternative particulate matter standard.

Startup, Shutdown, and Malfunction Plan All facilities will develop a startup, shutdown, and malfunction plan.

Automatic Waste Feed Cutoff ( AWFCO)

It is estimated that:

  All HWCs will have 1 AWFCO per year; 57   10% of all HWCs will have to file an excessive exceedances report ( i. e., > 10 AWFCOs in any 60 day block period) per year;   50% of facilities will conduct weekly AWFCO system inspections, while 50% will conduct monthly system testing.   All HWCs will document in the operating record the use of ramp down procedures.

ESV Openings It is estimated that 50% of hazardous waste incinerators ( 45) have ESVs, and will develop an ESV operating plan. On average, each unit will have 6 ESV openings per year.

Combustion System Leaks It is estimated that 50% of facilities will request approval to use an alternative means of control to provide control of combustion system leaks. These facilities must specify in their operating record and comprehensive performance test plan the method used for control of combustion system leaks.

Operator Training and Certification It is estimated that all commercial incinerators ( 20) and 50% of other facilities currently have a sufficient operating training and certification program. Other facilities will likely develop a site specific training and certification program.

Operation and Maintenance Plan All facilities will develop an operation and maintenance plan.

Incinerators and LWAKs with fabric filters, estimated at 30 facilities, will have to purchase, install, and operate bag leak detection systems.

PERFORMANCE TESTING REQUIREMENTS Comprehensive Performance Test All HWCs will conduct a single comprehensive performance testing to meet the Interim Standards Rule. This testing is similar to that required under current RCRA BIF requirements, and will impose no additional burden on the facility.

Data in Lieu of the Comprehensive Performance Test It is estimated that 10% of all facilities will submit a request to use previous emissions test data to serve as documentation of compliance with emission standards.

Notification of Performance Test and CMS Performance Evaluation, and Approval of Test Plan and CMS Performance Evaluation Plan 58 All facilities will submit a notification of intent to conduct a performance test. These facilities will also be required to prepare and submit and a site specific test plan.

The EPA estimates 1 facility per year will reschedule their performance test date and thus be required to submit a rescheduled notification of intent to conduct a performance test.

Additionally, 50% of facilities submitting a site specific performance test plan will be requested to submit additional relevant information.