[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 28068-28137]
[FR Doc No: 2018-12164]

Vol. 83

Friday,

No. 116

June 15, 2018

Part II

 Environmental Protection Agency

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40 CFR Part 60

 Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units; Technical Amendments; Proposed Rule

Federal Register / Vol. 83 , No. 116 / Friday, June 15, 2018 /
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0119; FRL-9978-12-OAR]
RIN 2060-AT84

Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 23, 2016, the Environmental Protection Agency (EPA)
promulgated its final response to petitions for reconsideration of the
final new source performance standards (NSPS) and emission guidelines
(EG) for commercial and industrial solid waste incineration (CISWI)
units that were promulgated on March 21, 2011, and revised after
reconsideration on February 7, 2013. Following promulgation of the June
2016 final action, the EPA received requests from industry stakeholders
and implementing agencies to clarify various issues with implementation
of the standards. In addition, the EPA identified certain testing and
monitoring issues and inconsistencies within the rules that required
further clarification or correction. To address these issues, the EPA
is proposing amendments to several provisions of the 2016 CISWI NSPS
and EG. In addition, the EPA identified regulatory provisions that
require clarification and editorial correction to address
inconsistencies and errors in the final rules. If finalized, the
proposed amendments will provide clarity and address implementation
issues in the final CISWI NSPS and EG. The proposed revisions will not
have any environmental, energy, or economic impacts, if finalized.

DATES:
    Comments. Comments must be received on or before July 30, 2018.
    Public Hearing. If a public hearing is requested by June 20, 2018,
then we will hold a public hearing on July 2, 2018 at the location
described in the ADDRESSES section. The last day to pre-register in
advance to speak at the public hearing will be June 28, 2018.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2003-0119, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. Regulations.gov is our
preferred method of receiving comments. However, other submission
formats are accepted. To ship or send mail via the United States Postal
Service, use the following address: U.S. Environmental Protection
Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2003-0119, Mail
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. Use the
following Docket Center address if you are using express mail,
commercial delivery, hand delivery, or courier: EPA Docket Center, EPA
WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington,
DC 20004. Delivery verification signatures will be available only
during regular business hours. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. See section I.B
of this preamble for instructions on submitting CBI. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, Cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Public Hearing. If a public hearing is requested, it will be held
at EPA Headquarters, EPA WJC East Building, 1201 Constitution Avenue
NW, Washington, DC 20004. If a public hearing is requested, then we
will provide details about the public hearing on our website at:
https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. The EPA does not
intend to publish another document in the Federal Register announcing
any updates on the request for a public hearing. Please contact Ms.
Aimee St. Clair at<PHONE_NUMBER> or by email at [email protected]
to request a public hearing, to register to speak at the public
hearing, or to inquire as to whether a public hearing will be held.
    The EPA will make every effort to accommodate all speakers who
arrive and register. If a hearing is held at a U.S. government
facility, individuals planning to attend should be prepared to show a
current, valid state- or federal-approved picture identification to the
security staff in order to gain access to the meeting room. An expired
form of identification will not be permitted. Please note that the Real
ID Act, passed by Congress in 2005, established new requirements for
entering federal facilities. If your driver's license is issued by a
noncompliant state, you must present an additional form of
identification to enter a federal facility. Acceptable alternative
forms of identification include: Federal employee badge, passports,
enhanced driver's licenses, and military identification cards.
Additional information on the Real ID Act is available at https://www.dhs.gov/real-id-frequently-asked-questions. In addition, you will
need to obtain a property pass for any personal belongings you bring
with you. Upon leaving the building, you will be required to return
this property pass to the security desk. No large signs will be allowed
in the building, cameras may only be used outside of the building, and
demonstrations will not be allowed on federal property for security
reasons.

FOR FURTHER INFORMATION CONTACT: Dr. Nabanita Modak Fischer, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address: [email protected].
    In addition to being available in the docket, an electronic copy of
this action is available on the internet. Following signature by the
Administrator, the EPA will post a copy of this proposed action at
https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. Following
publication in the Federal Register, the EPA will post the Federal
Register version of the proposal and key technical documents at the
same website.

SUPPLEMENTARY INFORMATION:
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2003-0119. All documents in the docket are
listed in the Regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the internet and will be

publicly available only in hard copy. Publicly available docket
materials are available either electronically in Regulations.gov or in
hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building,
1301 Constitution Avenue NW, Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for EPA Docket Center is (202)
566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0119. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or email. See
section I.B of this preamble for instructions on submitting CBI. The
http://www.regulations.gov website is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should not include
special characters or any form of encryption and be free of any defects
or viruses. For additional information about the EPA's public docket,
visit EPA Docket Center homepage at http://www.epa.gov/dockets.
Acronyms and Abbreviations. The following acronyms and abbreviations
are used in this document.

ACI Air Curtain Incinerator
CAA Clean Air Act
CBI Confidential Business Information
CEDRI Compliance and Emissions Data Reporting Interface
CEMS Continuous Emissions Monitoring System
CFR Code of Federal Regulations
CISWI Commercial and Industrial Solid Waste Incineration
CO Carbon Monoxide
COMS Continuous Opacity Monitoring System
CPMS Continuous Parameter Monitoring System
dscm Dry Standard Cubic Meter
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ESP Electrostatic Precipitator
HCl Hydrogen Chloride
Hg Mercury
mg/dscm Milligrams per Dry Standard Cubic Meter
mmBtu/hr Million British Thermal Units per Hour
NAICS North American Industry Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
NHSM Non-Hazardous Secondary Material(s)
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PC Portland Cement
PM Particulate Matter
ppmv Parts Per Million by Volume
ppmvd Parts Per Million by Dry Volume
RIN Regulatory Information Number
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

    Organization of this Document. The following outline is provided to
aid in locating information in this preamble.

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. What action is the Agency taking?
    D. What is the Agency's authority for taking this action?
    E. What are the incremental costs and benefits of this action?
II. Background
    A. Background Information
    B. Actions We Are Taking
    C. Discussion of Proposed Technical Amendments
    D. Typographical Errors and Corrections
    E. Environmental, Energy, and Economic Impacts
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by the proposed action
are those that operate CISWI units. The NSPS and EG, herein after
referred to as ``standards,'' for CISWI affect the following categories
of sources:

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                                                                                Examples of potentially
                Category                             NAICS \1\ code                    regulated entities
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Any industrial or commercial facility     211, 212, 486.......................  Oil and gas exploration
 using a solid waste incinerator.                                                operations; Mining, pipeline
                                                                                operators.
                                          221.................................  Utility providers.
                                          321, 322, 337.......................  Manufacturers of wood products;
                                                                                Manufacturers of pulp, paper
                                                                                and paperboard; Manufacturers
                                                                                of furniture and related
                                                                                products.
                                          325, 326............................  Manufacturers of chemicals and
                                                                                allied products; Manufacturers
                                                                                of plastics and rubber
                                                                                products.
                                          327.................................  Manufacturers of cement;
                                                                                Nonmetallic mineral product
                                                                                manufacturing.
                                          333, 336............................  Manufacturers of machinery;
                                                                                Manufacturers of transportation
                                                                                equipment.
                                          423, 44.............................  Merchant wholesalers, durable
                                                                                goods; Retail trade.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the
proposed action. To determine whether your facility will be affected by
the proposed action, you should examine the applicability criteria in
40 Code of Federal Regulations (CFR) 60.2010 of subpart CCCC, 40 CFR
60.2505 of subpart DDDD, and 40 CFR 241. If you have any questions
regarding the applicability of the proposed action to a particular
entity, contact the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

B. What should I consider as I prepare my comments for the EPA?

    Submitting CBI. Do not submit information containing CBI to the EPA
through http://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comments that includes information claimed
as CBI, you must submit a copy of the comments that does not contain
the information claimed as CBI for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. Send or deliver information identified as CBI
only to the following address: OAQPS Document Control Officer (C404-
02), OAQPS, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2003-
0119.

C. What action is the Agency taking?

    In this notice, we are proposing to amend, and requesting comment
on certain issues, as discussed further in sections II.C and II.D of
this preamble. We are not reopening and will not respond to comments on
any aspects of the CISWI NSPS and EG other than those specifically
identified in sections II.C. and II.D of this preamble.

D. What is the Agency's authority for taking this action?

    Section 129 of the Clean Air Act (CAA) requires the EPA to
establish NSPS and EG pursuant to sections 111 and 129 of the CAA for
new and existing solid waste incineration units located at commercial
and industrial facilities. This action amends standards developed under
these authorities.

E. What are the incremental costs and benefits of this action?

    This action requests comment on some provisions and makes technical
and clarifying corrections to aid in implementation of and compliance
with the standards, but does not propose substantial changes to the
February 7, 2013, final CISWI rule (78 FR 9112). As such, there are no
incremental environmental, energy, or economic impacts associated with
this proposed action. The impacts associated with the CISWI rule were
discussed in detail in the February 7, 2013, final CISWI rule document.

II. Background

A. Background Information

    On March 21, 2011, the EPA promulgated revised NSPS and EG for
CISWI units (i.e., solid waste incineration units located at commercial
or industrial facilities). Following that action, the Administrator
received petitions for reconsideration that identified certain issues
that warranted further opportunity for public comment. In response to
the petitions, the EPA reconsidered, proposed revisions to, and
requested comment on several provisions of the March 2011 final NSPS
and EG for CISWI units. These proposed revisions were published on
December 23, 2011 (76 FR 80452).
    On February 7, 2013, the EPA finalized revisions to the CISWI NSPS
and EG (78 FR 9112). In that final action, the EPA made additional
revisions in response to comments that had not been proposed in the
December 23, 2011, Federal Register document. Subsequently, the EPA
received petitions for reconsideration of the final 2013 action. These
petitions allege that the public did not have sufficient opportunity to
comment on some of the provisions contained in that final rule. In
response, the EPA proposed to reconsider four provisions of the 2013
final NSPS and EG for CISWI units (80 FR 3018, January 21, 2015). The
EPA took final action on that proposal on June 23, 2016 (81 FR 40956).
We will refer to this final CISWI rule, as revised through June 2016,
as the 2016 CISWI rule.
    In this action, the EPA is proposing clarifying changes and
corrections to the 2016 CISWI rule. For a more detailed background and
additional information on how this rule is related to other CAA
combustion rules issued under CAA section 112 and the Resource
Conservation and Recovery Act definition of solid waste, refer to prior
actions (76 FR 15704, March 21, 2011; 78 FR 9112, February 7, 2013).

B. Actions We Are Taking

    In this document, we are proposing to amend the 2016 CISWI rule to
address certain issues raised by industry stakeholders and implementing
agencies, as well as to address other issues identified during
implementation of the CISWI rule. We request comment on all of the
proposed amendments. These provisions that would be affected by the
proposed amendments are: (1) Alternative equivalent emission limit for
mercury (Hg) for the waste-burning kiln subcategory; (2) timing of
initial test and initial performance evaluation; (3) extension of
electronic data reporting requirements; (4) clarification of non-
delegated authorities; (5) demonstration of initial compliance when
using a continuous emissions monitoring system (CEMS); (6) continuous
opacity monitoring requirements; (7) other CEMS requirements; (8)
clarification of skip testing requirements; (9) deviation reporting
requirements for continuous monitoring data; and (10) clarification of
air curtain incinerator (ACI) requirements. In addition to these
provisions, we are also correcting minor typographical errors
identified in the rule.
    We are seeking public comment only on the issues specifically
identified in this action, discussed further in sections II.C and II.D
of this preamble. We are not reopening and will not respond to comments
on any aspects of the CISWI NSPS and EG other than those specifically
identified in sections II.C. and II.D of this preamble.

C. Discussion of Proposed Technical Amendments

    This section of the preamble explains why the EPA is proposing to
make the amendments identified in this proposed rule. We request
comment on the issues discussed in this section and on the proposed
minor typographical corrections discussed in section II.D of this
preamble.
1. Alternative Equivalent Emission Limit for Hg for the Waste-Burning
Kiln Subcategory
    The December 23, 2011, proposed CISWI reconsideration rule preamble
discussed and presented equivalent emission limits for waste-burning
kilns expressed on a production basis (76 FR 80458). In the February
2013 CISWI

final reconsideration rule preamble, the EPA again included these
equivalent production-based limits, but at that time the EPA decided
not to codify these within the rule text. In the process of approving
state plans to implement the CISWI EG, the EPA has recognized that
there is benefitting to affected sources and implementing agencies in
codifying the emission limit for Hg for waste-burning kilns in a
production-based limit (i.e., pound/million (lb/MM) ton clinker) as
this is the format of the Hg standards found in the Portland Cement
National Emission Standards for Hazardous Air Pollutants (PC NESHAP).
The EPA strives to make compliance with both CISWI standards and the PC
NESHAP as streamlined and consistent as possible to facilitate
compliance with both standards because these sources (and energy
recovery units) must comply with the CISWI standard when they are
combusting solid waste and must comply with the PC NESHAP or Boiler
Maximum Achievable Control Technology standards, as applicable, when
combusting nonwaste materials. Having an equivalent emission limit in
the same units as the PC NESHAP will aid affected sources in
demonstrating compliance with both standards, and will aid implementing
agencies in enforcing the standards.
    As discussed in 2011 and repeated in 2013 (78 FR 9122-3, February
7, 2013), the Hg emission limit of 58 lb/MM ton clinker and 21 lb/MM
ton clinker for existing and new sources, respectively, are equivalent
to the concentration-based Hg standards of 0.011 milligram/dry standard
cubic meter (mg/dscm) and 0.0037 mg/dscm within the currently published
CISWI rule. To facilitate use of the equivalent production-based
emission limits, the EPA is not only proposing to add these emission
limits to the emission limitation tables, but also proposing to include
recordkeeping, calculation, and reporting requirements for clinker
production rate as necessary. The proposed regulatory provisions and
calculations are consistent with those found in the PC NESHAP.
2. Timing of Initial Test and Initial Performance Evaluation
    The current CISWI NSPS and EG require affected sources to conduct a
performance evaluation of each continuous monitoring system within 60
days of installation of the monitoring system (see 40 CFR 60.2135 and
60.2700). The rule also allows up to 180 days from the final compliance
date for affected sources to conduct an initial performance test. The
EPA received questions from implementing agencies asking whether these
requirements can be synchronized to prevent duplicate testing
requirements because the continuous monitoring system performance
evaluation would require an emissions test being conducted at the same
time regardless. We recognize that the requirement to conduct a
performance evaluation within 60 days of installation could present a
situation for sources where the deadline for conducting the performance
evaluation would precede the deadline for conducting the initial
performance test. The EPA did not intend to require sources to conduct
duplicative initial performance tests, and we see a benefit to sources
and implementing agencies to be able to schedule and conduct both of
these demonstrations at the same time during a single testing episode.
Therefore, the EPA is adjusting the timing of the continuous monitoring
system initial performance evaluation to allow 180 days from
installation to match the schedule which is allowed for conducting the
initial performance test. The EPA has determined that making these
timelines consistent (i.e., 180 days from installation) will streamline
compliance demonstrations and prevent possible duplicative testing
requirements.
3. Extension of Electronic Data Reporting Requirement
    In this action, the EPA is proposing to extend the electronic
reporting requirement dates found in 40 CFR 60.2235(a) and 60.2795(a).
The electronic reporting provisions promulgated in CISWI require
submittal of initial, annual, and deviation reports electronically
through the EPA's Compliance and Emissions Data Reporting Interface
(CEDRI), which is accessed through the EPA's Central Data Exchange. The
existing rule provides that the requirement for electronic submittal
will take effect once the relevant forms have been available in CEDRI
for 90 calendar days. As stated in the CISWI reconsideration (81 FR
40956), the EPA intended to make the requirements of the CISWI rule
consistent with the Electronic Reporting and Recordkeeping Requirements
for New Source Performance Standards, which was proposed on March 20,
2015 (80 FR 15100).\1\ However, the CISWI reconsideration final rule
was published on June 23, 2016 (81 FR 40956), before the Electronic
Reporting and Recordkeeping Requirements for New Source Performance
Standards rule \2\ was finalized and did not take into account comments
received on that rule.
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    \1\ Originally, the Electronic Reporting and Recordkeeping
Requirements for New Source Performance Standards Rule included
CISWI as one of the affected subparts. However, because the CISWI
reconsideration package was proposed at nearly the same time as that
rule, CISWI was removed as an affected subpart, and the language
associated with the Electronic Reporting and Recordkeeping
Requirements for New Source Performance Standards Rule was inserted
into the CISWI reconsideration proposal.
    \2\ This final rule was signed on December 21, 2016, but was
withdrawn from the Office of the Federal Register prior to
publication.
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    The proposed extension for CISWI units in this action is consistent
with the EPA's approach to electronic reporting outlined in the
Electronic Reporting and Recordkeeping Requirements for New Source
Performance Standards final rule.\3\ This approach has also been used
in recent EPA rulemakings (e.g., National Emissions Standards for
Hazardous Air Pollutants for Chemical Recovery Combustion Sources at
Kraft, Soda, Sulfite, and Stand-Alone Semi chemical Pulp Mills, 82 FR
47328, and National Emissions Standards for Hazardous Air Pollutants:
Publicly Owned Treatment Works Residual Risk and Technology Review, 82
FR 49513). The proposed extension requires electronic submission of
initial, annual, and deviation reports 2 years from publication of the
final rule or 1 year after the reporting form becomes available in
CEDRI, whichever date is later. This extension is necessary to allow
the EPA time to develop and adequately test the new forms and for
regulated entities to become familiar with the forms and reprogram
systems that collect data for periodic reports once the forms are
available. The extension also allows state, local, and tribal agencies
more time to implement electronic reporting and to make any needed
permit revisions to accommodate electronic reporting and allows for
development of third-party software to populate the reporting forms.
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    \3\ The prepublication version of the final rule is available at
https://www.epa.gov/sites/production/files/2017-04/documents/e-reporting-nsps-final-rule-pre-publication.pdf. Accessed January 24,
2018.
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4. Clarification of Non-Delegated Authorities
    In this action, the EPA is proposing corrections to the authorities
listed in 40 CFR 60.2030(c). Specifically, the reference to 40 CFR
60.2125(j) is an outdated reference to previously-proposed, but never
promulgated, performance test waiver provisions. These provisions were
included in the June 4, 2010, CISWI proposed rule (see 75 FR 31975),
but were not made final

in the March 21, 2011, final rule (see 76 FR 15752-3). This reference
was inadvertently not updated to reflect that the proposed 40 CFR
60.2125(j) was not finalized. Furthermore, the provisions of 40 CFR
60.2030(c)(10) that require obtaining a determination from the EPA of
whether a qualifying small power facility or cogeneration facility is
combusting homogeneous waste were intended to be removed in the 2013
CISWI final rule as part of the removal of the definition of
homogeneous waste (see 78 FR 9124, February 7, 2013). As discussed in
the February 7, 2013, document, the EPA determined that the proposed
``definition and provisions could be interpreted in a manner that would
be unduly restrictive.'' Therefore, the EPA did not include a
definition of ``homogeneous waste'' in the final CISWI rule and the
Agency stated it was ``removing the requirement that qualifying small
power producers and qualifying cogeneration facilities that combust
solid waste obtain a determination from the EPA that such waste is
homogeneous.'' Id. Accordingly, the EPA has proposed the removal of
paragraph 40 CFR 60.2030(c)(10). While no other authorities have been
added or removed from this list, that the EPA is proposing minor
revisions to streamline the section by removing the reserved
subparagraphs (i.e., (5) and (10)) and renumbering the subparagraphs
sequentially.
    In this action, we are also clarifying which authorities will not
be delegated to EG guidelines, 40 CFR 60.2542 simply contains a
reference to the analogous paragraph (40 CFR 60.2030(c)) within the
CISWI NSPS. However, since the CISWI NSPS applies to new sources,
applicability of these non-delegated authorities to state plans
implementing the emission guidelines for existing sources was unclear
to implementing agencies. To remove this confusion, we have eliminated
the cross reference to 40 CFR 60.2030(c) and have instead provided the
specific details on which authorities will not be delegated within the
text of 40 CFR 60.2542. The list of authorities being proposed in 40
CFR 60.2542 matches the updated list found in 40 CFR 60.2030(c), with
the appropriate adjustments made to subpart section cross references.
5. Demonstrating Initial Compliance When Using CEMS
    The EPA has become aware of an inconsistency in the regulations
that make CEMS monitoring an option for demonstrating initial
compliance. The final CISWI rules require some sources to demonstrate
compliance using CEMS, and allow the option for any source to use CEMS
to demonstrate compliance ``with any of the emission limits of this
subpart'' (see 40 CFR 60.2145(u) and 60.2710(u)). However, for most of
the paragraphs containing the pollutant-specific CEMS requirements, the
language was unclear on whether these demonstrations were applicable to
demonstrating initial compliance, with the exception of carbon monoxide
(CO). The EPA's intent was to allow this compliance option for any
pollutant (i.e., with any of the emission limits of this subpart). To
express the EPA's intent of providing this flexibility for compliance
demonstration more clearly, we have revised language in several
sections of the rule. For example, the initial compliance requirements
in 40 CFR 60.2135 and 60.2700 have been revised to also reflect use of
CEMS data as an initial compliance demonstration alternative to an
emissions test, provided that the initial CEMS performance evaluation
has been conducted prior to collecting CEMS data used for the initial
performance test. Likewise, language surrounding the CEMS requirements
found in 40 CFR 60.2145, 60.2165, 60.2710, and 60.2730, and the
emission limitation tables, have been revised and streamlined to
clarify that CEMS data may be used to demonstrate compliance (i.e.,
initial and continuing) with the standards.
6. Clarification of Continuous Opacity Monitoring System (COMS)
Requirements
    In addition to the clarifications to CEMS provisions, we also
propose to revise 40 CFR 60.2145(i) and 60.2710(i) to clarify our
intent regarding the types of units required to install COMS and to
make it consistent with the COMS monitoring requirement language found
in 40 CFR 60.2165(m) and 60.2730(m), respectively. We propose to add
language clarifying that energy recovery units between 10 and 250
million British thermal units/hour (MMBtu/hr) design heat input that
are equipped with electrostatic precipitators (ESP), particulate matter
CEMS, or particulate matter continuous parameter monitoring systems
(CPMS) are also not required to install and operate COMS because these
units have an air pollution control device that has continuous
parameter monitoring requirements or are using continuous particulate
matter monitoring compliant with provisions within the rule already
(see 40 CFR 60.2145(q), for example). The rule currently excludes the
COMS requirement for energy recovery units using other types of
particulate matter control devices or that use particulate matter CEMS
for continuous particulate matter monitoring, but inadvertently omitted
ESPs and particulate matter CPMS from the list. Therefore, we propose
to add ``electrostatic precipitator'' and ``particulate matter CPMS''
to the list of wet scrubber and fabric filters found in 40 CFR
60.2165(m) and 60.2730(m) as types of units that do not require COMS.
As a further clarification, we also propose to amend the text to 40 CFR
60.2145(i) and 60.2710(i) to clearly specify that the COMS requirement
is applicable to units within the specified size range ``that do not
use a wet scrubber, fabric filter with bag leak detection system, an
electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS.''
7. Clarification of Other CEMS Requirements
    In addition to the CEMS-related requirements discussed above, the
EPA is proposing two other CEMS-related clarifications: (1) To not
require CO CEMS for new source waste-burning kilns; and (2) to remove
outdated notification requirements when particulate matter CEMS are
being used. For the CO CEMS issue, there is an incorrect requirement in
40 CFR 60.2145(j) for new waste-burning kilns to demonstrate compliance
with CO emission limits using CEMS. This is inconsistent with the
requirements found in Table 7 to 40 CFR 60, subpart CCCC, and with the
EPA's intent to remove CO CEMS requirements for new CISWI sources, as
stated in the February 7, 2013, final CISWI rules (see 78 FR 9120).
Carbon monoxide CEMS are allowed as an alternative compliance
demonstration, but the requirement is annual testing by EPA Method 10.
To make this clarification, the EPA is proposing to revise 40 CFR
60.2145(j) so that CO is one of the pollutants requiring an annual test
and remove CO from the list of pollutants requiring CEMS for
demonstrating compliance.
    Another clarification the EPA is proposing is to remove the
outdated requirements of notifying the Administrator prior to beginning
and stopping use of an optional particulate matter CEMS. These
provisions are 40 CFR 60.2165(n)(1) and (2), and 60.2730(n)(1) and (2).
These provisions are an inadvertent holdover from model provisions from
a much older rule. CEMS technology and application has progressed to an
extent that these notifications are no longer needed or desired by the
EPA. Furthermore, these notifications do not appear in the reporting
requirements outlined in the reporting requirment tables (Table 4 to

40 CFR part 60, subpart CCCC and Table 3 to 40 CFR part 60, subpart
DDDD), nor the other notification requirements, so they introduced an
unintended inconsistency within the rule. To resolve this, we propose
deleting the current subparagraphs (1) and (2) of these sections and
renumbering the remaining subparagraphs sequentially to streamline
these requirements.
8. Clarification of Reduced Testing Requirements
    It has come to the EPA's attention that there is confusion
regarding how reduced testing is applied after a source has
demonstrated good performance and has skipped testing for 2 years (see
40 CFR 60.2155 and 60.2720). Stakeholders suggest that the current
CISWI rule language would have a good performing source return to an
annual testing schedule after being able to skip testing for 2 years,
with no opportunity for additional reduced testing. It was not the
EPA's intent to only offer this allowance once when developing these
provisions. To the contrary, the EPA intended this allowance to be
available for as long as good performance could be reaffirmed with
testing every 3 years instead of annually (see 76 FR 15714, March 21,
2011). The intended sequence of testing consisted of two consecutive
annual tests showing 75 percent or less of the applicable standard is
achieved; followed by 2 years of testing being skipped; followed by an
annual test showing that 75 percent of the standard is achieved;
followed by 2 years of testing being skipped; etc. Since the
promulgation of these standards, these skip testing provisions have
been refined and promulgated during regulatory development efforts in
the CAA section 129 rulemaking for sewage sludge incinerators (40 CFR
part 60, subparts LLLL and MMMM). In this action, the EPA proposes to
clarify the ongoing allowance for reduced testing provisions we
intended, based largely on language used in the recent sewage sludge
incinerator rule.
9. Clarification of Deviation Reporting Requirements for Continuous
Monitoring Data
    The EPA has become aware of some unclear requirements in the
deviation reporting requirements of 40 CFR 60.2215(a) and 60.2775(a).
In particular, the requirements for continuously-measured parameters or
emissions using CEMS are not clearly outlined within these sections.
While these provisions are clear for 3-hour average parameters and
performance testing, the EPA recognizes that 30-day averages allowed
for energy recovery units and particulate matter CEMS were
inadvertently omitted, as well as requirements for any other 30-day
average measured using CEMS that deviated from an emission limit. The
EPA proposes to add language to these paragraphs to clarify that
deviations for these other operating parameters or CEMS-measurements
that deviate from an operating limit or emissions limitation must be
included in a deviation report.
    Furthermore, we propose to amend these paragraphs to also include
deviations for the 30 kiln operating day average operating parameter in
deviation reports. The 30 kiln operating day average is a necessary
component of the provisions proposed in 40 CFR 60.2145(j) and
60.2710(j).
10. Clarification of ACI Requirements
    Since promulgation of the 2016 CISWI final rule, the EPA has
received various questions from implementing agencies regarding the
CISWI applicability status of ACI. While the limited requirements of
ACIs burning only wood waste, clean lumber or a mixture of wood waste,
clean lumber and/or yard waste are defined within the rule and a CISWI
affected source is unclear to some implementing agencies as they work
to prepare state plans and negative declarations, because of confusing
language in the final CISWI rule. See 40 CFR 60.2550. Specifically, the
section of the EG addressing the units subject to the final CISWI rule
includes a reference to ACI in 40 CFR 60.2550(a)(1), but 40 CFR
60.2550(a)(2) further states that only units that meet the definition
of a CISWI unit are subject to the final rule, and ACIs do not meet the
regulatory definition of a CISWI unit.\4\
---------------------------------------------------------------------------

    \4\ The phrasing of the regulations at 40 CFR 60.2010 and
60.2015 of the NSPS similarly confuse the applicability of the final
CISWI rule to new ACIs located at commercial and industrial
facilities.
---------------------------------------------------------------------------

    Notwithstanding that confusing provision, the record demonstrates
that the EPA considers ACIs located at commercial and industrial
facilities and otherwise meeting the definition of an ACI as being
CISWI-affected sources. See CAA section 129(g)(1)(C) (defining ACIs)
and 40 CFR 60.2245-2260 of the NSPS and 60.2810-2870 of the EG (setting
forth the CISWI EG requirements applicable to ACI). Facilities can have
CISWI-affected ACIs even if they do not have CISWI units located at the
facility. If an ACI begins burning solid waste as defined in the Non
Hazardous Secondary Materials rule (see 40 CFR part 241) in addition
to, or instead of, wood waste, clean lumber, or a mixture of wood
waste, clean lumber, and/or yard waste, it is a solid waste
incineration unit instead of an ACI that will be subject to the
applicable numerical emission standards contained in CISWI or another
CAA section 129 standard, depending on the type of waste combusted
(e.g., such as a unit burning more than 30-percent municipal solid
waste would be a municipal solid waste incineration unit instead of a
CISWI unit).
    The EPA's intent is further demonstrated in a response to comments
on title V permitting requirements for ACIs in the preamble to the
March 21, 2011, final CISWI rule (76 FR 15741):
    Commenters are correct that ACIs are not solid waste incineration
units pursuant to CAA section 129(g)(1)(C), but that is only correct if
the units ``only burn wood wastes, yard wastes and clean lumber and
[they] * * * comply with opacity limitations to be established by the
Administrator by rule.'' The EPA has established opacity limitations
for ACIs pursuant to CAA sections 111 and 129.
    Pursuant to CAA section 502(a), sources subject to standards or
regulations under CAA section 111 must obtain a title V permit;
therefore, ACIs are required to obtain a title V permit. As commenters
note, the EPA may exempt minor and area sources from the requirement to
obtain a title V permit, but the EPA must first determine that
compliance with title V requirements is ``impracticable, infeasible, or
unnecessarily burdensome'' on the sources before exempting them (CAA
section 502(a)). The EPA has not made the necessary finding pursuant to
CAA section 502(a) for ACIs in any of the CAA section 129 rulemakings,
and we believe that ACIs exist at CAA section 129 facilities other than
at the commercial and industrial facilities subject to this final rule.
Because we think it is important to treat all ACIs in the same manner,
we decline to consider a title V exemption for minor and area source
ACIs at commercial and industrial facilities.
    As the record demonstrates, the EPA determined that ACIs located at
commercial and industrial facilities are CISWI-affected sources that
must be included in state plans and regulated consistent with the final
CISWI standards applicable to such units. To address the uncertainty
created by the CISWI rule, the EPA proposes to clarify the affected
source status of ACIs by revising the regulations to make clear that
``air curtain incinerators'' do not need to meet the definition of a
``CISWI unit'' to be subject to the CISWI rule

(e.g., 40 CFR 60.2010 of the NSPS and 40 CFR 60.2500 and 60.2550 of the
EG).

D. Typographical Errors and Corrections

    In this action, we are also proposing changes to the final rule to
correct minor typographical errors and clarify provisions that are
unclear. The list of these changes is included in the ``Typographical
Errors and Corrections'' memorandum in Docket ID No. EPA-OAR-HQ-2003-
0119.

E. Environmental, Energy, and Economic Impacts

    This action requests comments on some provisions, and makes
technical and clarifying corrections to aid in implementation and
compliance, but does not propose substantive changes to the February 7,
2013, final CISWI rule (78 FR 9112).\5\ As such, there are no
environmental, energy, or economic impacts associated with this
proposed action. The impacts associated with the CISWI rule were
discussed in detail in the February 7, 2013, final CISWI rule document.
---------------------------------------------------------------------------

    \5\ The June 23, 2016 final CISWI rule amendments (81 FR 40956)
also did not entail any environmental, energy or economic impacts,
so therefore the February 7, 2013 final CISWI rule presents the
impacts associated with the CISWI rule.
---------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and assigned OMB
Control number 2060-0662 for 40 CFR part 60, subpart CCCC, and OMB
Control number 2060-0664 for 40 CFR part 60, subpart DDDD. This action
is believed to result in no changes to the information collection
requirements of the 2016 CISWI rule, so that the information collection
estimate of project cost and hour burden from the final CISWI rule have
not been revised.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This proposed rule will not impose any
new requirements on any entities because it does not impose any
additional regulatory requirements relative to those specified in the
2016 CISWI rule, which also did not impose any additional regulatory
requirements beyond those specified in the February 2013 final CISWI
rule. The February 2013 final CISWI rule was certified as not having a
significant economic impact on a substantial number of small entities.
We have, therefore, concluded that this action will have no net
regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. The EPA is not aware of any CISWI in Indian
country or owned or operated by Indian tribal governments. The CISWI
aspects of this rule may, however, invoke minor indirect tribal
implications to the extent that entities generating solid wastes on
tribal lands could be affected. Thus, Executive Order 13175 does not
apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (58 FR 7629, February 16, 1994).
    It does not affect the level of protection provided to human health
or the environment. The proposed corrections do not relax the control
measures on sources regulated by the 2016 CISWI rule, which also did
not relax any control measures on sources regulated by the February
2013 final CISWI rule. Therefore, this proposed action will not cause
emissions increases from these sources. The February 2013 final CISWI
rule will reduce emissions of all the listed toxics emitted from this
source, thereby helping to further ensure against any
disproportionately high and adverse human health or environmental
effects on minority or low-income populations.

List of Subjects 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,

Air pollution control, Hazardous substances.

    Dated: May 9, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency is proposing to amend title 40, chapter I, of the
Code of Federal Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
2. Part 60 is amended by revising subpart CCCC to read as follows:
Subpart CCCC--Standards of Performance for Commercial and Industrial
Solid Waste Incineration Units
Sec.

Introduction

60.2000 What does this subpart do?
60.2005 When does this subpart become effective?

Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of these new source performance
standards apply at the same time?

Preconstruction Siting Analysis

60.2045 Who must prepare a siting analysis?
60.2050 What is a siting analysis?

Waste Management Plan

60.2055 What is a waste management plan?
60.2060 When must I submit my waste management plan?
60.2065 What should I include in my waste management plan?

Operator Training and Qualification

60.2070 What are the operator training and qualification
requirements?
60.2075 When must the operator training course be completed?
60.2080 How do I obtain my operator qualification?
60.2085 How do I maintain my operator qualification?
60.2090 How do I renew my lapsed operator qualification?
60.2095 What site-specific documentation is required?
60.2100 What if all the qualified operators are temporarily not
accessible?

Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?

Performance Testing

60.2125 How do I conduct the initial and annual performance test?
60.2130 How are the performance test data used?

Initial Compliance Requirements

60.2135 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.2140 By what date must I conduct the initial performance test?
60.2141 By what date must I conduct the initial air pollution
control device inspection?

Continuous Compliance Requirements

60.2145 How do I demonstrate continuous compliance with the emission
limitations and the operating limits?
60.2150 By what date must I conduct the annual performance test?
60.2151 By what date must I conduct the annual air pollution control
device inspection?
60.2155 May I conduct performance testing less often?
60.2160 May I conduct a repeat performance test to establish new
operating limits?

Monitoring

60.2165 What monitoring equipment must I install and what parameters
must I monitor?
60.2170 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

60.2175 What records must I keep?
60.2180 Where and in what format must I keep my records?
60.2185 What reports must I submit?
60.2190 What must I submit prior to commencing construction?
60.2195 What information must I submit prior to initial startup?
60.2200 What information must I submit following my initial
performance test?
60.2205 When must I submit my annual report?
60.2210 What information must I include in my annual report?
60.2215 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.2220 What must I include in the deviation report?
60.2225 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.2230 Are there any other notifications or reports that I must
submit?
60.2235 In what form can I submit my reports?
60.2240 Can reporting dates be changed?

Title V Operating Permits

60.2242 Am I required to apply for and obtain a Title V operating
permit for my unit?

Air Curtain Incinerators (ACIs)

60.2245 What is an air curtain incinerator?
60.2250 What are the emission limitations for air curtain
incinerators?
60.2255 How must I monitor opacity for air curtain incinerators?
60.2260 What are the recordkeeping and reporting requirements for
air curtain incinerators?

Definitions

60.2265 What definitions must I know?

Tables to Subpart CCCC

 Table 1 to Subpart CCCC of Part 60--Emission Limitations for
Incinerators for Which Construction is Commenced After November 30,
1999, But no Later Than June 4, 2010, or for Which Modification or
Reconstruction is Commenced on or After June 1, 2001, But no Later
Than August 7, 2013
 Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet
Scrubbers
 Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors
 Table 4 to Subpart CCCC of Part 60--Summary of Reporting
Requirements
 Table 5 to Subpart CCCC of Part 60--Emission Limitations for
Incinerators That Commenced Construction After June 4, 2010, or That
Commenced Reconstruction or Modification After August 7, 2013
 Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy
Recovery Units That Commenced Construction After June 4, 2010, or
That Commenced Reconstruction or Modification After August 7, 2013
 Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-
burning Kilns That Commenced Construction After June 4, 2010, or
Reconstruction or Modification After August 7, 2013
 Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small,
Remote Incinerators That Commenced Construction After June 4, 2010,
Or That Commenced Reconstruction or Modification After August 7,
2013

Subpart CCCC--Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units

Introduction

Sec.  60.2000  What does this subpart do?

    This subpart establishes new source performance standards for
commercial and industrial solid waste incineration units (CISWIs) and
air curtain incinerators (ACIs).

Sec.  60.2005  When does this subpart become effective?

    This subpart took effect on August 7, 2013. Some of the
requirements in this subpart apply to planning the CISWI or ACI (i.e.,
the preconstruction requirements in Sec. Sec.  60.2045 and 60.2050).
Other requirements such as the emission limitations and operating
limits apply after the CISWI or ACI begins operation.

Applicability

Sec.  60.2010  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified
in paragraphs (a) through (c) of this section:
    (a) Your incineration unit is a new incineration unit as defined in
Sec.  60.2015;
    (b) Your incineration unit is a CISWI as defined in Sec.  60.2265,
or an ACI as defined in Sec.  60.2265; and
    (c) Your incineration unit is not exempt under Sec.  60.2020.

Sec.  60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any
of the criteria specified in paragraphs (a)(1) through (3) of this
section:
    (1) A CISWI or ACI that commenced construction after June 4, 2010;
    (2) A CISWI or ACI that commenced reconstruction or modification
after August 7, 2013; and
    (3) Incinerators and ACIs, as defined in this subpart, that
commenced construction after November 30, 1999, but no later than June
4, 2010, or that commenced reconstruction or modification on or after
June 1, 2001, but no later than August 7, 2013, are considered new
incineration units and remain subject to the applicable requirements of
this subpart until the units become subject to the requirements of an
approved state plan or federal plan that implements subpart DDDD of
this part (Emission Guidelines and Compliance Times for Commercial and
Industrial Solid Waste Incineration Units).
    (b) This subpart does not affect your CISWI or ACI if you make
physical or operational changes to your incineration unit primarily to
comply with subpart DDDD of this part (Emission Guidelines and
Compliance Times for Commercial and Industrial Solid Waste Incineration
Units). Such changes do not qualify as reconstruction or modification
under this subpart.

Sec.  60.2020  What combustion units are exempt from this subpart?

    This subpart exempts the types of units described in paragraphs (a)
through (j) of this section, but some units are required to provide
notifications.
    (a) Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste as defined in Sec.  60.2265 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(a)(1) and (2) of this section:
    (1) Notify the Administrator that the unit meets these criteria;
and
    (2) Keep records on a calendar quarter basis of the weight of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit.
    (b) Municipal waste combustion units. Incineration units that are
subject to subpart Ea of this part (Standards of Performance for
Municipal Waste Combustors); subpart Eb of this part (Standards of
Performance for Large Municipal Waste Combustors); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors); subpart AAAA of this part (Standards of Performance for
Small Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Small Municipal Waste Combustion Units).
    (c) Medical waste incineration units. Incineration units regulated
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is
Commenced After June 20, 1996) or subpart Ce of this part (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators).
    (d) Small power production facilities. Units that meet the four
requirements specified in paragraphs (d)(1) through (4) of this
section:
    (1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C));
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity;
    (3) You submit documentation to the Administrator notifying the EPA
that the qualifying small power production facility is combusting
homogenous waste; and
    (4) You maintain the records specified in Sec.  60.2175(w).
    (e) Cogeneration facilities. Units that meet the four requirements
specified in paragraphs (e)(1) through (4) of this section:
    (1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B));
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes;
    (3) You submit documentation to the Administrator notifying the
Agency that the qualifying cogeneration facility is combusting
homogenous waste; and
    (4) You maintain the records specified in Sec.  60.2175(x).
    (f) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
    (g) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
    (h) Sewage treatment plants. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
    (i) Sewage sludge incineration units. Incineration units combusting
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter that are subject to subpart LLLL
of this part (Standards of Performance for New Sewage Sludge
Incineration Units) or subpart MMMM of this part (Emission Guidelines
and Compliance Times for Existing Sewage Sludge Incineration Units).
    (j) Other solid waste incineration units. Incineration units that
are subject to subpart EEEE of this part (Standards of Performance for
Other Solid Waste Incineration Units for Which Construction is
Commenced After December 9, 2004, or for Which Modification or
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF
of this part (Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before
December 9, 2004).

Sec.  60.2030  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your state, local, or tribal agency. If the EPA Administrator

has delegated authority to your state, local, or tribal agency, then
that agency (as well as EPA) has the authority to implement and enforce
this subpart. You should contact your EPA Regional Office to find out
if this subpart is delegated to your state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a state, local, or tribal agency, the authorities contained
in paragraph (c) of this section are retained by the EPA Administrator
and are not transferred to the state, local, or tribal agency.
    (c) The authorities that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (c)(1) through (9) of this
section:
    (1) Approval of alternatives to the emission limitations in tables
1, 5, 6, 7, and 8 of this subpart and operating limits established
under Sec.  60.2110;
    (2) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Approval of major alternatives to recordkeeping and reporting;
    (5) The requirements in Sec.  60.2115;
    (6) The requirements in Sec.  60.2100(b)(2);
    (7) Approval of alternative opacity emission limits in Sec.
60.2105 under Sec.  60.11(e)(6) through (8);
    (8) Performance test and data reduction waivers under Sec.
60.8(b)(4) and (5);
    (9) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.

Sec.  60.2035  How are these new source performance standards
structured?

    These new source performance standards contain the eleven major
components listed in paragraphs (a) through (k) of this section:
    (a) Preconstruction siting analysis;
    (b) Waste management plan;
    (c) Operator training and qualification;
    (d) Emission limitations and operating limits;
    (e) Performance testing;
    (f) Initial compliance requirements;
    (g) Continuous compliance requirements;
    (h) Monitoring;
    (i) Recordkeeping and reporting;
    (j) Definitions; and
    (k) Tables.

Sec.  60.2040  Do all eleven components of these new source performance
standards apply at the same time?

    No. You must meet the preconstruction siting analysis and waste
management plan requirements before you commence construction of the
CISWI. The operator training and qualification, emission limitations,
operating limits, performance testing and compliance, monitoring, and
most recordkeeping and reporting requirements are met after the CISWI
begins operation.

Preconstruction Siting Analysis

Sec.  60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence
construction of an incinerator after December 1, 2000.
    (b) You must prepare a siting analysis for CISWIs that commenced
construction after June 4, 2010, or that commenced reconstruction or
modification after August 7, 2013.
    (c) You must prepare a siting analysis if you are required to
submit an initial application for a construction permit under 40 CFR
part 51, subpart I, or 40 CFR part 52, as applicable, for the
reconstruction or modification of your CISWI.

Sec.  60.2050  What is a siting analysis?

    (a) The siting analysis must consider air pollution control
alternatives that minimize, on a site-specific basis, to the maximum
extent practicable, potential risks to public health or the
environment. In considering such alternatives, the analysis may
consider costs, energy impacts, nonair environmental impacts, or any
other factors related to the practicability of the alternatives.
    (b) Analyses of your CISWI's impacts that are prepared to comply
with state, local, or other federal regulatory requirements may be used
to satisfy the requirements of this section, provided they include the
consideration of air pollution control alternatives specified in
paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this
section as required under Sec.  60.2190(c) prior to commencing
construction.

Waste Management Plan

Sec.  60.2055  What is a waste management plan?

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

Sec.  60.2060  When must I submit my waste management plan?

    (a) You must submit a waste management plan prior to commencing
construction.
    (b) For CISWIs that commence reconstruction or modification after
August 7, 2013, you must submit a waste management plan prior to the
commencement of modification or reconstruction.

Sec.  60.2065  What should I include in my waste management plan?

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

Operator Training and Qualification

Sec.  60.2070  What are the operator training and qualification
requirements?

    (a) No CISWI can be operated unless a fully trained and qualified
CISWI operator is accessible, either at the facility or can be at the
facility within 1 hour. The trained and qualified CISWI operator may
operate the CISWI directly or be the direct supervisor of one or more
other plant personnel who operate the unit. If all qualified CISWI
operators are temporarily not accessible, you must follow the
procedures in Sec.  60.2100.
    (b) Operator training and qualification must be obtained through a
state-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section:
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i)
through (xi) of this section;
    (i) Environmental concerns, including types of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable);

    (vi) Inspection and maintenance of the incinerator and air
pollution control devices;
    (vii) Actions to prevent and correct malfunctions or to prevent
conditions that may lead to malfunctions;
    (viii) Bottom and fly ash characteristics and handling procedures;
    (ix) Applicable federal, state, and local regulations, including
Occupational Safety and Health Administration workplace standards;
    (x) Pollution prevention; and
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec.  60.2075  When must the operator training course be completed?

    The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section:
    (a) Six months after your CISWI startup;
    (b) December 3, 2001; and
    (c) The date before an employee assumes responsibility for
operating the CISWI or assumes responsibility for supervising the
operation of the CISWI.

Sec.  60.2080  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec.  60.2070(b).
    (b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec.  60.2070(c)(2).

Sec.  60.2085  How do I maintain my operator qualification?

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

Sec.  60.2090  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section:
    (a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec.  60.2085; and
    (b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec.  60.2080(a).

Sec.  60.2095  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily
accessible for all CISWI operators that addresses the ten topics
described in paragraphs (a)(1) through (10) of this section. You must
maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request:
    (1) Summary of the applicable standards under this subpart;
    (2) Procedures for receiving, handling, and charging waste;
    (3) Incinerator startup, shutdown, and malfunction procedures;
    (4) Procedures for maintaining proper combustion air supply levels;
    (5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart;
    (6) Monitoring procedures for demonstrating compliance with the
incinerator operating limits;
    (7) Reporting and recordkeeping procedures;
    (8) The waste management plan required under Sec. Sec.  60.2055
through 60.2065;
    (9) Procedures for handling ash; and
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator:
    (1) The initial review of the information listed in paragraph (a)
of this section must be conducted within 6 months after the effective
date of this subpart or prior to an employee's assumption of
responsibilities for operation of the CISWI, whichever date is later;
and
    (2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
    (c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section:
    (1) Records showing the names of CISWI operators who have completed
review of the information in Sec.  60.2095(a) as required by Sec.
60.2095(b), including the date of the initial review and all subsequent
annual reviews;
    (2) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec.  60.2070, met
the criteria for qualification under Sec.  60.2080, and maintained or
renewed their qualification under Sec.  60.2085 or Sec.  60.2090.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications; and
    (3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec.  60.2100  What if all the qualified operators are temporarily not
accessible?

    If all qualified operators are temporarily not accessible (i.e.,
not at the facility and not able to be at the facility within 1 hour),
you must meet one of the two criteria specified in paragraphs (a) and
(b) of this section, depending on the length of time that a qualified
operator is not accessible:
    (a) When all qualified operators are not accessible for more than 8
hours, but less than 2 weeks, the CISWI may be operated by other plant
personnel familiar with the operation of the CISWI who have completed a
review of the information specified in Sec.  60.2095(a) within the past
12 months. However, you must record the period when all qualified
operators were not accessible and include this deviation in the annual
report as specified under Sec.  60.2210; and
    (b) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section:
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible; and
    (2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible and requesting approval from the Administrator to
continue operation of the CISWI. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section. If the Administrator notifies
you that your request to continue operation of the CISWI is
disapproved, the CISWI may continue operation for 90 days, then must
cease operation. Operation of the

unit may resume if you meet the two requirements in paragraphs
(b)(2)(i) and (ii) of this section:
    (i) A qualified operator is accessible as required under Sec.
60.2070(a); and
    (ii) You notify the Administrator that a qualified operator is
accessible and that you are resuming operation.

Emission Limitations and Operating Limits

Sec.  60.2105  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each CISWI,
including bypass stack or vent, specified in table 1 of this subpart or
tables 5 through 8 of this subpart by the applicable date in Sec.
60.2140. You must be in compliance with the emission limitations of
this subpart that apply to you at all times.
    (b) A CISWI or ACI that commenced construction after November 30,
1999, but no later than June 4, 2010, or that commenced reconstruction
or modification on or after June 1, 2001 but no later than August 7,
2013, must continue to meet the emission limits in table 1 of this
subpart for units in the incinerator subcategory and Sec.  60.2250 for
ACIs until the units become subject to the requirements of an approved
state plan or federal plan that implements subpart DDDD of this part
(Emission Guidelines and Compliance Times for Commercial and Industrial
Solid Waste Incineration Units).

Sec.  60.2110  What operating limits must I meet and by when?

    (a) If you use a wet scrubber(s) to comply with the emission
limitations, you must establish operating limits for up to four
operating parameters (as specified in table 2 of this subpart) as
described in paragraphs (a)(1) through (4) of this section during the
initial performance test:
    (1) Maximum charge rate, calculated using one of the two different
procedures in paragraph (a)(1)(i) or (ii) of this section, as
appropriate:
    (i) For continuous and intermittent units, maximum charge rate is
110 percent of the average charge rate measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations; and
    (ii) For batch units, maximum charge rate is 110 percent of the
daily charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet particulate matter
scrubber, which is calculated as the lowest 1-hour average pressure
drop across the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations; or minimum amperage to the wet scrubber, which is
calculated as the lowest 1-hour average amperage to the wet scrubber
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations;
    (3) Minimum scrubber liquid flow rate, which is calculated as the
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas
or particulate matter scrubber measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations; and
    (4) Minimum scrubber liquor pH, which is calculated as the lowest
1-hour average liquor pH at the inlet to the wet acid gas scrubber
measured during the most recent performance test demonstrating
compliance with the HCl emission limitation.
    (b) You must meet the operating limits established during the
initial performance test 60 days after your CISWI reaches the charge
rate at which it will operate, but no later than 180 days after its
initial startup.
    (c) If you use a fabric filter to comply with the emission
limitations and you do not use a PM CPMS for monitoring PM compliance,
you must operate each fabric filter system such that the bag leak
detection system alarm does not sound more than 5 percent of the
operating time during a 6-month period. In calculating this operating
time percentage, if inspection of the fabric filter demonstrates that
no corrective action is required, no alarm time is counted. If
corrective action is required, each alarm shall be counted as a minimum
of 1 hour. If you take longer than 1 hour to initiate corrective
action, the alarm time shall be counted as the actual amount of time
taken by you to initiate corrective action.
    (d) If you use an electrostatic precipitator to comply with the
emission limitations and you do not use a PM CPMS for monitoring PM
compliance, you must measure the (secondary) voltage and amperage of
the electrostatic precipitator collection plates during the particulate
matter performance test. Calculate the average electric power value
(secondary voltage x secondary current = secondary electric power) for
each test run. The operating limit for the electrostatic precipitator
is calculated as the lowest 1-hour average secondary electric power
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations.
    (e) If you use activated carbon sorbent injection to comply with
the emission limitations, you must measure the sorbent flow rate during
the performance testing. The operating limit for the carbon sorbent
injection is calculated as the lowest 1-hour average sorbent flow rate
measured during the most recent performance test demonstrating
compliance with the mercury emission limitations. For energy recovery
units, when your unit operates at lower loads, multiply your sorbent
injection rate by the load fraction, as defined in this subpart, to
determine the required injection rate (e.g., for 50 percent load,
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the
emission limitations, you must measure the charge rate, the secondary
chamber temperature (if applicable to your CISWI), and the reagent flow
rate during the nitrogen oxides performance testing. The operating
limits for the selective noncatalytic reduction are calculated as the
highest 1-hour average charge rate, lower secondary chamber
temperature, and lowest reagent flow rate measured during the most
recent performance test demonstrating compliance with the nitrogen
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission
limitations, you must measure the injection rate of each sorbent during
the performance testing. The operating limit for the injection rate of
each sorbent is calculated as the lowest 1-hour average injection rate
for each sorbent measured during the most recent performance test
demonstrating compliance with the hydrogen chloride emission
limitations. For energy recovery units, when your unit operates at
lower loads, multiply your sorbent injection rate by the load fraction,
as defined in this subpart, to determine the required injection rate
(e.g., for 50 percent load, multiply the injection rate operating limit
by 0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator,
or fabric filter to comply with the emission limitations, and if you do
not determine compliance with your particulate matter emission
limitation with either a particulate matter CEMS or a particulate
matter CPMS, you must maintain opacity to less than or equal to 10
percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (i)(1) through (5) of this section:
    (1) Determine your operating limit as the average PM CPMS output
value

recorded during the performance test or at a PM CPMS output value
corresponding to 75 percent of the emission limit if your PM
performance test demonstrates compliance below 75 percent of the
emission limit. You must verify an existing or establish a new
operating limit after each repeated performance test. You must repeat
the performance test annually and reassess and adjust the site-specific
operating limit in accordance with the results of the performance test:
    (i) Your PM CPMS must provide a 4-20 milliamp output, or digital
equivalent, and the establishment of its relationship to manual
reference method measurements must be determined in units of milliamps;
    (ii) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to at least two times
your allowable emission limit. If your PM CPMS is an auto-ranging
instrument capable of multiple scales, the primary range of the
instrument must be capable of reading PM concentration from zero to a
level equivalent to two times your allowable emission limit; and
    (iii) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp output values, or their digital equivalent,
from the PM CPMS for the periods corresponding to the compliance test
runs (e.g., average all your PM CPMS output values for three
corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below
75 percent of your PM emission limit, you must calculate an operating
limit by establishing a relationship of PM CPMS signal to PM
concentration using the PM CPMS instrument zero, the average PM CPMS
output values corresponding to the three compliance test runs, and the
average PM concentration from the Method 5 or performance test with the
procedures in (i)(1) through (5) of this section:
    (i) Determine your instrument zero output with one of the following
procedures:
    (A) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench;
    (B) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air;
    (C) The zero point can also can be established obtained by
performing manual reference method measurements when the flue gas is
free of PM emissions or contains very low PM concentrations (e.g., when
your process is not operating, but the fans are operating or your
source is combusting only natural gas) and plotting these with the
compliance data to find the zero intercept; and
    (D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of
this section are possible, you must use a zero output value provided by
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, or the
digital equivalent, and the average of your corresponding three PM
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TP15JN18.000

Where:

X1 = the PM CPMS output data points for the three runs
constituting the performance test,
Y1 = the PM concentration value for the three runs
constituting the performance test, and
n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, or the
digital equivalent, your three run average PM CPMS milliamp value, or
its digital equivalent, and your three run average PM concentration
from your three compliance tests, determine a relationship of mg/dscm
per milliamp or digital signal equivalent with equation 2:
[GRAPHIC] [TIFF OMITTED] TP15JN18.001

Where:

R = the relative mg/dscm per milliamp or digital equivalent for your
PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp or digital signal
output from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument
zero determined from paragraph (2)(i) of this section.

    (iv) Determine your source specific 30-day rolling average
operating limit using the mg/dscm per milliamp or digital value from
equation 2 in equation 3, below. This sets your operating limit at the
PM CPMS output value corresponding to 75 percent of your emission
limit:
[GRAPHIC] [TIFF OMITTED] TP15JN18.002

Where:

Ol = the operating limit for your PM CPMS on a 30-day
rolling average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or the digital equivalent,
determined from paragraph (2)(i) of this secction, and
R = the relative mg/dscm per milliamp or digital signal output
equivalent for your PM CPMS, from equation 2.

    (3) If the average of your three PM compliance test runs is at or
above 75 percent of your PM emission limit you must determine your
operating limit by averaging the PM CPMS milliamp or digital signal
output corresponding to your three PM performance test runs that
demonstrate compliance with the emission limit using equation 4 and you
must submit all compliance test and PM CPMS data according to the
reporting requirements in paragraph (i)(5) of this section:
[GRAPHIC] [TIFF OMITTED] TP15JN18.003

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or
digital signal equivalent.

    (4) To determine continuous compliance, you must record the PM CPMS
output data for all periods when the process is operating and the PM
CPMS is not out-of-control. You must demonstrate continuous compliance
by using all quality-assured hourly average data collected by the PM
CPMS for all operating hours to calculate the arithmetic average
operating parameter in units of the operating limit (e.g., milliamps or
digital signal bits, PM concentration, raw data signal) on a 30-day
rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating
limit, the electronic submission of the test report must also include
the make and model of the PM CPMS instrument, serial number of the
instrument, analytical principle of the instrument (e.g., beta
attenuation), span of the instruments primary analytical range,
milliamp or digital signal value equivalent to the instrument zero
output, technique by which this zero value was determined, and the
average milliamp or digital signals corresponding to each PM compliance
test run.

Sec.  60.2115  What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective

noncatalytic reduction, fabric filter, an electrostatic precipitator,
or a dry scrubber or limit emissions in some other manner, including
material balances, to comply with the emission limitations under Sec.
60.2105, you must petition the EPA Administrator for specific operating
limits to be established during the initial performance test and
continuously monitored thereafter. You must submit the petition at
least sixty days before the performance test is scheduled to begin.
Your petition must include the five items listed in paragraphs (a)
through (e) of this section:
    (a) Identification of the specific parameters you propose to use as
additional operating limits;
    (b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters and how
limits on these parameters will serve to limit emissions of regulated
pollutants;
    (c) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters;
    (d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments; and
    (e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Performance Testing

Sec.  60.2125  How do I conduct the initial and annual performance
test?

    (a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance
test is representative of the waste burned under normal operating
conditions by maintaining a log of the quantity of waste burned (as
required in Sec.  60.2175(b)(1)) and the types of waste burned during
the performance test.
    (c) All performance tests must be conducted using the minimum run
duration specified in table 1 of this subpart or tables 5 through 8 of
this subpart.
    (d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method (except when using Method 9 and Method 22).
    (f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP15JN18.004

Where:

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

    (g) You must determine dioxins/furans toxic equivalency by
following the procedures in paragraphs (g)(1) through (4) of this
section:
    (1) Measure the concentration of each dioxin/furan tetra-through
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section <IP_ADDRESS> of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section <IP_ADDRESS>.);
    (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer
measured in accordance with paragraphs (g)(1) and (2) of this section,
multiply the isomer concentration by its corresponding toxic
equivalency factor specified in table 3 of this subpart; and
    (4) Sum the products calculated in accordance with paragraph (g)(3)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be
used to determine compliance with the fugitive ash emission limit in
table 1 of this subpart or tables 5 through 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must
determine compliance with the opacity limit using Method 9 at 40 CFR
part 60, appendix A-4, based on three 1-hour blocks consisting of ten
6-minute average opacity values, unless you are required to install a
continuous opacity monitoring system, consistent with Sec. Sec.
60.2145 and 60.2165.
    (j) You must determine dioxins/furans total mass basis by following
the procedures in paragraphs (j)(1) through (3) of this section:
    (1) Measure the concentration of each dioxin/furan tetra-through
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section <IP_ADDRESS> of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section <IP_ADDRESS>.); and
    (3) Sum the quantities measured in accordance with paragraphs
(j)(1) and (2) of this section to obtain the total concentration of
dioxins/furans emitted in terms of total mass basis.

Sec.  60.2130  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with
the emission limitations in table 1 of this subpart or tables 5 through
8 of this subpart.

Initial Compliance Requirements

Sec.  60.2135  How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?

    You must conduct a performance test, as required under Sec. Sec.
60.2125 and 60.2105 to determine compliance with the emission
limitations in table 1 of this subpart or tables 5 through 8 of this
subpart, to establish compliance with any opacity operating limit in
Sec.  60.2110, to establish the kiln-specific emission limit in Sec.
60.2145(y), as applicable, and to establish operating limits using the
procedures in Sec. Sec.  60.2110 or 60.2115. The performance test must
be conducted using the test methods listed

in table 1 of this subpart or tables 5 through 8 of this subpart and
the procedures in Sec.  60.2125. The use of the bypass stack during a
performance test shall invalidate the performance test.
    As an alternative to conducting a performance test, as required
under Sec. Sec.  60.2125 and 60.2105, you may use a 30-day rolling
average of the 1-hour arithmetic average CEMS data, including CEMS data
during startup and shutdown as defined in this subpart, to determine
compliance with the emission limitations in Table 1 of this subpart or
tables 5 through 8 of this subpart. You must conduct a performance
evaluation of each continuous monitoring system within 180 days of
installation of the monitoring system. The initial performance
evaluation must be conducted prior to collecting CEMS data that will be
used for the initial compliance demonstration.

Sec.  60.2140  By what date must I conduct the initial performance
test?

    (a) The initial performance test must be conducted within 60 days
after your CISWI reaches the charge rate at which it will operate, but
no later than 180 days after its initial startup.
    (b) If you commence or recommence combusting a solid waste at an
existing combustion unit at any commercial or industrial facility, and
you conducted a test consistent with the provisions of this subpart
while combusting the solid waste within the 6 months preceding the
reintroduction of that solid waste in the combustion chamber, you do
not need to retest until 6 months from the date you reintroduce that
solid waste.
    (c) If you commence or recommence combusting a solid waste at an
existing combustion unit at any commercial or industrial facility and
you have not conducted a performance test consistent with the
provisions of this subpart while combusting the solid waste within the
6 months preceding the reintroduction of that solid waste in the
combustion chamber, you must conduct a performance test within 60 days
from the date you reintroduce that solid waste.

Sec.  60.2141  By what date must I conduct the initial air pollution
control device inspection?

    (a) The initial air pollution control device inspection must be
conducted within 60 days after installation of the control device and
the associated CISWI reaches the charge rate at which it will operate,
but no later than 180 days after the device's initial startup.
    (b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the state agency
establishing a date whereby all necessary repairs of the designated
facility must be completed.

Continuous Compliance Requirements

Sec.  60.2145  How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in
this subpart apply at all times;
    (2) If you cease combusting solid waste, you may opt to remain
subject to the provisions of this subpart. Consistent with the
definition of CISWI, you are subject to the requirements of this
subpart at least 6 months following the last date of solid waste
combustion. Solid waste combustion is ceased when solid waste is not in
the combustion chamber (i.e., the solid waste feed to the combustor has
been cut off for a period of time not less than the solid waste
residence time);
    (3) If you cease combusting solid waste, you must be in compliance
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a
date selected by you, that must be at least 6 months from the date that
you ceased combusting solid waste, consistent with Sec.  60.2145(a)(2).
Your source must remain in compliance with this subpart until the
effective date of the waste-to-fuel switch;
    (4) If you own or operate an existing commercial or industrial
combustion unit that combusted a fuel or non-waste material, and you
commence or recommence combustion of solid waste, you are subject to
the provisions of this subpart as of the first day you introduce or
reintroduce solid waste to the combustion chamber, and this date
constitutes the effective date of the fuel-to-waste switch. You must
complete all initial compliance demonstrations for any section 112
standards that are applicable to your facility before you commence or
recommence combustion of solid waste. You must provide 30 days prior
notice of the effective date of the waste-to-fuel switch. The
notification must identify:
    (i) The name of the owner or operator of the CISWI, the location of
the source, the emissions unit(s) that will cease burning solid waste,
and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the
CISWI is currently combusting and has combusted over the past 6 months,
and the fuel(s) or non-waste materials the unit will commence
combusting;
    (iv) The date on which you became subject to the currently
applicable emission limits; and
    (v) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance
with any newly applicable emissions limits which apply as a result of
the cessation or commencement or recommencement of combusting solid
waste must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly
applicable monitoring requirements which apply as a result of the
cessation or commencement or recommencement of combusting solid waste
must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch. All calibration and drift
checks must be performed as of the effective date of the waste-to-fuel,
or fuel-to-waste switch. Relative accuracy tests must be performed as
of the performance test deadline for PM CEMS (if PM CEMS are elected to
demonstrate continuous compliance with the particulate matter emission
limits). Relative accuracy testing for other CEMS need not be repeated
if that testing was previously performed consistent with Clean Air Act
section 112 monitoring requirements or monitoring requirements under
this subpart.
    (b) You must conduct an annual performance test for the pollutants
listed in table 1 of this subpart or tables 5 through 8 of this subpart
and opacity for each CISWI as required under Sec.  60.2125. The annual
performance test must be conducted using the test methods listed in
table 1 of this subpart or tables 5 through 8 of this subpart and the
procedures in Sec.  60.2125. Annual performance tests are not required
if you use CEMS or continuous opacity monitoring systems to determine
compliance.
    (c) You must continuously monitor the operating parameters
specified in Sec.  60.2110 or established under Sec.  60.2115 and as
specified in Sec.  60.2170. Use 3-hour block average values to
determine compliance (except for baghouse leak

detection system alarms) unless a different averaging period is
established under Sec.  60.2115 or, for energy recovery units, where
the averaging time for each operating parameter is a 30-day rolling,
calculated each hour as the average of the previous 720 operating
hours. Operation above the established maximum, below the established
minimum, or outside the allowable range of operating limits specified
in paragraph (a) of this section constitutes a deviation from your
operating limits established under this subpart, except during
performance tests conducted to determine compliance with the emission
and operating limits or to establish new operating limits. Operating
limits are confirmed or reestablished during performance tests.
    (d) You must burn only the same types of waste and fuels used to
establish subcategory applicability (for energy recovery units) and
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote
units, you must perform an annual visual emissions test for ash
handling.
    (f) For energy recovery units, you must conduct an annual
performance test for opacity (except where particulate matter CEMS or
continuous opacity monitoring systems are used are used) and the
pollutants listed in table 6 of this subpart.
    (g) You may elect to demonstrate initial and continuous compliance
with the carbon monoxide emission limit using a carbon monoxide CEMS,
as described in Sec.  60.2165(o).
    (h) Coal and liquid/gas energy recovery units with average annual
heat input rates greater than or equal to 250 MMBtu/hr may elect to
demonstrate initial and continuous compliance with the particulate
matter emissions limit using a particulate matter CEMS according to the
procedures in Sec.  60.2165(n) instead of the particulate matter
continuous parameter monitoring system (CPMS) specified in Sec.
60.2145. Coal and liquid/gas energy recovery units with annual average
heat input rates less than 250 MMBtu/hr, incinerators, and small remote
incinerators may also elect to demonstrate initial and continuous
compliance using a particulate matter CEMS according to the procedures
in Sec.  60.2165(n) instead of particulate matter testing with EPA
Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, the
continuous opacity monitoring requirements in paragraph (i) of this
section.
    (i) For energy recovery units with annual average heat input rates
greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr that
do not use a wet scrubber, fabric filter with bag leak detection
system, an electrostatic precipitator, particulate matter CEMS, or
particulate matter CPMS, you must install, operate, certify and
maintain a continuous opacity monitoring system (COMS) according to the
procedures in Sec.  60.2165(m).
    (j) For waste-burning kilns, you must conduct an annual performance
test for cadmium, lead, carbon monoxide, dioxins/furans and hydrogen
chloride as listed in Table 7 of this subpart, unless you choose to
demonstrate initial and continuous compliance using CEMS, as allowed in
paragraph (u) of this section. If you do not use an acid gas wet
scrubber or dry scrubber, you must determine compliance with the
hydrogen chloride emissions limit using a HCl CEMS according to the
requirements in paragraph (j)(1) of this section. You must determine
compliance with the mercury emissions limit using a mercury CEMS or an
integrated sorbent trap monitoring system according to paragraph (j)(2)
of this section. You must determine compliance with nitrogen oxides and
sulfur dioxide using CEMS. You must determine compliance with
particulate matter using CPMS.
    (1) If you monitor compliance with the HCl emissions limit by
operating an HCl CEMS, you must do so in accordance with Performance
Specification 15 (PS 15) of appendix B to 40 CFR part 60 or PS 18 of
appendix B to 40 CFR part 60. You must operate, maintain, and quality
assure a HCl CEMS installed and certified under PS 15 according to the
quality assurance requirements in Procedure 1 of appendix F to 40 CFR
part 60 except that the Relative Accuracy Test Audit requirements of
Procedure 1 must be replaced with the validation requirements and
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate,
maintain and quality assure a HCl CEMS installed and certified under PS
18 according to the quality assurance requirements in Procedure 6 of
appendix F to 40 CFR part 60. For any performance specification that
you use, you must use Method 321 of appendix A to 40 CFR part 63 as the
reference test method for conducting relative accuracy testing. The
span value and calibration requirements in paragraphs (j)(1)(i) and
(ii) of this section apply to all HCl CEMS used under this subpart:
    (i) You must use a measurement span value for any HCl CEMS of 0-10
ppmvw unless the monitor is installed on a kiln without an inline raw
mill. Kilns without an inline raw mill may use a higher span value
sufficient to quantify all expected emissions concentrations. The HCl
CEMS data recorder output range must include the full range of expected
HCl concentration values which would include those expected during
``mill off'' conditions. The corresponding data recorder range shall be
documented in the site-specific monitoring plan and associated records;
    (ii) In order to quality assure data measured above the span value,
you must use one of the three options in paragraphs (j)(1)(ii)(A)
through (C) of this section:
    (A) Include a second span that encompasses the HCl emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5 ppm of
total HCl. The requirements of the appropriate HCl monitor performance
specification shall be followed for this second span with the exception
that a RATA with the mill off is not required;
    (B) Quality assure any data above the span value by proving
instrument linearity beyond the span value established in paragraph
(j)(1)(i) of this section using the following procedure. Conduct a
weekly ``above span linearity'' calibration challenge of the monitoring
system using a reference gas with a certified value greater than your
highest expected hourly concentration or greater than 75% of the
highest measured hourly concentration. The ``above span'' reference gas
must meet the requirements of the applicable performance specification
and must be introduced to the measurement system at the probe. Record
and report the results of this procedure as you would for a daily
calibration. The ``above span linearity'' challenge is successful if
the value measured by the HCl CEMS falls within 10 percent of the
certified value of the reference gas. If the value measured by the HCl
CEMS during the above span linearity challenge exceeds 10 percent of
the certified value of the reference gas, the monitoring system must be
evaluated and repaired and a new ``above span linearity'' challenge met
before returning the HCl CEMS to service, or data above span from the
HCl CEMS must be subject to the quality assurance procedures
established in (j)(1)(ii)(D) of this section. In this manner values
measured by the HCl CEMS during the above span linearity challenge
exceeding +/-20 percent of the certified value of the reference gas
must be normalized using equation 6;
    (C) Quality assure any data above the span value established in
paragraph (j)(1)(i) of this section using the following procedure. Any
time two consecutive one-hour average measured

concentration of HCl exceeds the span value you must, within 24 hours
before or after, introduce a higher, ``above span'' HCl reference gas
standard to the HCl CEMS. The ``above span'' reference gas must meet
the requirements of the applicable performance specification and target
a concentration level between 50 and 150 percent of the highest
expected hourly concentration measured during the period of
measurements above span, and must be introduced at the probe. While
this target represents a desired concentration range that is not always
achievable in practice, it is expected that the intent to meet this
range is demonstrated by the value of the reference gas. Expected
values may include above span calibrations done before or after the
above-span measurement period. Record and report the results of this
procedure as you would for a daily calibration. The ``above span''
calibration is successful if the value measured by the HCl CEMS is
within 20 percent of the certified value of the reference gas. If the
value measured by the HCl CEMS is not within 20 percent of the
certified value of the reference gas, then you must normalize the stack
gas values measured above span as described in paragraph (j)(1)(ii)(D)
of this section. If the ``above span'' calibration is conducted during
the period when measured emissions are above span and there is a
failure to collect the one data point in an hour due to the calibration
duration, then you must determine the emissions average for that missed
hour as the average of hourly averages for the hour preceding the
missed hour and the hour following the missed hour. In an hour where an
``above span'' calibration is being conducted and one or more data
points are collected, the emissions average is represented by the
average of all valid data points collected in that hour;
    (D) In the event that the ``above span'' calibration is not
successful (i.e., the HCl CEMS measured value is not within 20 percent
of the certified value of the reference gas), then you must normalize
the one-hour average stack gas values measured above the span during
the 24-hour period preceding or following the ``above span''
calibration for reporting based on the HCl CEMS response to the
reference gas as shown in equation 6:
[GRAPHIC] [TIFF OMITTED] TP15JN18.005

    Only one ``above span'' calibration is needed per 24-hour period.
    (2) Compliance with the mercury emissions limit must be determined
using a mercury CEMS or integrated sorbent trap monitoring system
according to the following requirements:
    (i) You must operate a mercury CEMS system in accordance with
performance specification 12A of 40 CFR part 60, appendix B or an
integrated sorbent trap monitoring system in accordance with
performance specification 12B of 40 CFR part 60, appendix B; these
monitoring systems must be quality assured according to procedure 5 of
40 CFR 60, Appendix F. For the purposes of emissions calculations when
using an integrated sorbent trap monitoring system, the mercury
concentration determined for each sampling period must be assigned to
each hour during the sampling period. If you choose to comply with the
production-rate based mercury limit for your waste-burning kiln, you
must also monitor hourly clinker production and determine the hourly
mercury emissions rate in pounds per million ton of clinker produced.
You must demonstrate compliance with the mercury emissions limit using
a 30-day rolling average of these 1-hour mercury concentrations or mass
emissions rates, including CEMS and integerated sorbent trap monitoring
system data during startup and shutdown as defined in this subpart,
calculated using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 at 40 CFR part 60, Appendix A-7 of this part. Integerated
sorbent trap monitoring system and CEMS data during startup and
shutdown, as defined in this subpart, are not corrected to 7 percent
oxygen, and are measured at stack oxygen content;
    (ii) Owners or operators using a mercury CEMS or integrated sorbent
trap monitoring system to determine mass emission rate must install,
operate, calibrate, and maintain an instrument for continuously
measuring and recording the mercury mass emissions rate to the
atmosphere according to the requirements of performance specification 6
of 40 CFR part 60, Appendix B, and conducting an annual relative
accuracy test of the continuous emission rate monitoring system
according to section 8.2 of performance specification 6; and
    (iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS or
integrated sorbent trap monitoring system while the raw mill of the in-
line kiln/raw mill is operating under normal conditions and including
at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission
limitations in this subpart, you must conduct an initial and annual
inspection of the air pollution control device. The inspection must
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation;
and
    (2) Develop a site-specific monitoring plan according to the
requirements in paragraph (l) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under Sec.  60.13(i).
    (l) For each continuous monitoring system required in this section,
you must develop and submit to the EPA Administrator for approval a
site-specific monitoring plan according to the requirements of this
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this
section:
    (1) You must submit this site-specific monitoring plan at least 60
days before your initial performance evaluation of your continuous
monitoring system:
    (i) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device);
    (ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations);
    (iv) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec.  60.11(d);
    (v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance
with

the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4), (d),
(e), (f), and (g).
    (2) You must conduct a performance evaluation of each continuous
monitoring system in accordance with your site-specific monitoring
plan.
    (3) You must operate and maintain the continuous monitoring system
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs (l) and
(m)(1) through (4) of this section:
    (1) Install the flow sensor and other necessary equipment in a
position that provides a representative flow;
    (2) Use a flow sensor with a measurement sensitivity at full scale
of no greater than 2 percent;
    (3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances; and
    (4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (l) and (n)(1) through (6) of this section:
    (1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., PM scrubber pressure
drop);
    (2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion;
    (3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less;
    (4) Perform checks at the frequency outlined in your site-specific
monitoring plan to ensure pressure measurements are not obstructed
(e.g., check for pressure tap plugging daily);
    (5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually; and
    (6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
    (o) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (l) and (o)(1)
through (4) of this section:
    (1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH;
    (2) Ensure the sample is properly mixed and representative of the
fluid to be measured;
    (3) Conduct a performance evaluation of the pH monitoring system in
accordance with your monitoring plan at least once each process
operating day; and
    (4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the pH of the operating limit) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this
section:
    (1) Install sensors to measure (secondary) voltage and current to
the precipitator collection plates; and
    (2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (l) and (q)(1) and (2) of this section:
    (1) Install the system in a position(s) that provides a