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.
    (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 unit), and the reagent
flow rate during the nitrogen oxides performance testing. The operating
limits for the selective noncatalytic reduction are calculated as the
lowest 1-hour average charge rate, secondary chamber temperature, and
reagent flow rate measured during the most recent performance test
demonstrating compliance with the nitrogen oxides emission limitations.
    (g) 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 a particulate matter continuous emissions monitoring
system, you must maintain opacity to less than or equal to ten percent
opacity (1-hour block average).

0
57. Section 60.2680 is revised to read as follows:

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

    (a) If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective noncatalytic reduction,
fabric filter, or an electrostatic precipitator or limit emissions in
some other manner, including mass balances, to comply with the emission
limitations under Sec.  60.2670, you must petition the EPA
Administrator for specific operating limits to be established during
the initial performance test and continuously monitored thereafter. You
must not conduct the initial performance test until after the petition
has been approved by the Administrator. Your petition must include the
five items listed in paragraphs (a)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as
additional operating limits.
    (2) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
    (3) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
    (4) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
    (5) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
    (b) [Reserved]

0
58. Section 60.2685 is revised to read as follows:

Sec.  60.2685  Affirmative Defense for Exceedance of an Emission Limit
During Malfunction.

    In response to an action to enforce the standards set forth in
paragraph Sec.  60.2670 you may assert an affirmative defense to a
claim for civil penalties for exceedances of such standards that are
caused by malfunction, as defined at Sec.  60.2. Appropriate penalties
may be assessed, however, if you fail to meet your burden of proving
all of the requirements in the affirmative defense. The affirmative
defense shall not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce
such a limit, you must timely meet the notification requirements in
paragraph (b) of this section, and must prove by a preponderance of
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health; and
    (6) All emissions and/or parameter monitoring and systems, as well
as control systems, were kept in operation if at all possible,
consistent with safety and good air pollution control practices;
    (7) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of
which is

to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (b) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than two business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
Sec.  60.2670 to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(a) of this section. The owner or operator may seek an extension of
this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedances.

0
59. Section 60.2690 is amended by revising paragraphs (c) and (g)(1)
and (2) and adding paragraphs (h) and (i) to read as follows:

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

* * * * *
    (c) All performance tests must be conducted using the minimum run
duration specified in tables 2 and 6 through 9 of this subpart.
* * * * *
    (g) * * *
    (1) Measure the concentration of each dioxin/furan tetra- through
octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A.
    (2) For each dioxin/furan (tetra-through octa-chlorinated) isomer
measured in accordance with paragraph (g)(1) of this section, multiply
the isomer concentration by its corresponding toxic equivalency factor
specified in table 4 of this subpart.
* * * * *
    (h) Method 22 at 40 CFR part 60, appendix A-7 must be used to
determine compliance with the fugitive ash emission limit in table 2 of
this subpart or tables 6 through 9 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.  60.2710 and
Sec.  60.2730.

0
60. Section 60.2695 is revised to read as follows:

Sec.  60.2695  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with
the emission limitations in table 2 of this subpart or tables 6 through
9 of this subpart.

0
61. Section 60.2700 is revised to read as follows:

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

    You must conduct a performance test, as required under Sec. Sec.
60.2690 and 60.2670, to determine compliance with the emission
limitations in table 2 of this subpart and tables 6 through 9 of this
subpart, to establish compliance with any opacity operating limits in
Sec.  60.2675, and to establish operating limits using the procedures
in Sec.  60.2675 or Sec.  60.2680. The performance test must be
conducted using the test methods listed in table 2 of this subpart and
tables 6 through 9 of this subpart and the procedures in Sec.  60.2690.
The use of the bypass stack during a performance test shall invalidate
the performance test. You must conduct a performance evaluation of each
continuous monitoring system within 60 days of installation of the
monitoring system.

0
62. Section 60.2705 is revised to read as follows:

Sec.  60.2705  By what date must I conduct the initial performance
test?

    (a) The initial performance test must be conducted no later than
180 days after your final compliance date. Your final compliance date
is specified in table 1 of this subpart.
    (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 given 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 combusting 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 given 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 commencing or recommencing solid waste combustion.

0
63. Section 60.2706 is added to read as follows:

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

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

0
64. Section 60.2710 is revised to read as follows:

Sec.  60.2710  How do I demonstrate continuous compliance with the
amended 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 unit, 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.  60.2710(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 unit, 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 unit 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;
    (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. Relative accuracy testing
for other CEMS need not be repeated if that testing was previously
performed consistent with section 112 monitoring requirements or
monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants
listed in table 2 of this subpart or tables 6 through 9 of this subpart
and opacity for each CISWI unit as required under Sec.  60.2690. The
annual performance test must be conducted using the test methods listed
in table 2 of this subpart or tables 6 through 9 of this subpart and
the procedures in Sec.  60.2690. Annual performance tests are not
required if you use continuous emission monitoring systems or
continuous opacity monitoring systems to determine compliance.
    (c) You must continuously monitor the operating parameters
specified in Sec.  60.2675 or established under Sec.  60.2680 and as
specified in Sec.  60.2735. Operation above the established maximum or
below the established minimum operating limits constitutes a deviation
from the established operating limits. Three-hour block average values
are used to determine compliance (except for baghouse leak detection
system alarms) unless a different averaging period is established under
Sec.  60.2680. Operating limits are confirmed or reestablished during
performance tests.
    (d) You must burn only the same types of waste used to establish
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote
units, you must perform annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual
performance test for the pollutants listed in table 7 of this subpart.
    (g) For facilities using a continuous emission monitoring system to
demonstrate compliance with the carbon monoxide emission limit,
compliance with the carbon monoxide emission limit may be demonstrated
by using the continuous emission monitoring system according to the
following requirements:
    (1) You must measure emissions according to Sec.  60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen.
You must demonstrate initial compliance with the carbon monoxide
emissions limit using a 30-day rolling average of the 1-hour arithmetic
average emission concentrations, calculated using Equation 19-19 in
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix
A-7.
    (2) Operate the carbon monoxide continuous emissions monitoring
system in accordance with the applicable requirements of performance
specification 4A of appendix B and the quality assurance procedures of
appendix F of this part.
    (h) For energy recovery units with design capacities greater than
250 MMBtu/hr and waste-burning kilns, demonstrate continuous compliance
with the particulate matter emissions limit using a particulate matter
continuous emissions monitoring system according to the procedures in
Sec.  60.2730(n).
    (i) For energy recovery units with design capacities greater than
or equal to 10 MMBTU/hour, if you have an opacity operating limit, you
must install, operate, certify and maintain a continuous opacity
monitoring system (COMS) according to the procedures in Sec.  60.2730.
    (j) For waste-burning kilns, you must conduct an annual performance
test for the pollutants (except mercury and particulate matter, and
hydrogen chloride if no acid gas wet scrubber is used) listed in table
8 of this subpart. If your waste-burning kiln is not equipped with a
wet scrubber, you must determine compliance with the hydrogen chloride
emission limit using a continuous emission monitoring system as
specified in Sec.  60.2730. You must determine compliance with the
mercury emissions limit using a mercury continuous emission monitoring
system according to the following requirements:
    (1) Operate a continuous emission monitoring system in accordance
with performance specification 12A at 40 CFR part 60, appendix B or a
sorbent trap based integrated monitor in accordance with performance
specification 12B at 40 CFR part 60, appendix B. The duration of the
performance test must be a calendar month. For each calendar month in
which the waste-burning kiln operates, hourly mercury concentration
data and stack gas volumetric flow rate data must be obtained.
    (2) Owners or operators using a mercury continuous emissions
monitoring systems 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 specifications 6 and 12A at

40 CFR part 60, appendix B and quality assurance procedure 5 at 40 CFR
part 60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate
initial compliance by operating a mercury continuous emission monitor
while the raw mill of the in-line kiln/raw mill is operating under
normal conditions and while the raw mill of the in-line kiln/raw mill
is not operating.
    (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.
    (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.
    (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 of no greater
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
    (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 least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
    (o) 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 least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
    (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) through (2) of
this section.
    (1) Install sensors to measure (secondary) voltage and current to
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (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) through (3) of this section.
    (1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.

    (r) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain, and continuously operate a bag leak detection
system as specified in paragraphs (l) and (r)(1) through (5) of this
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment e.g., for a
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection
system in accordance with your monitoring plan and consistent with the
guidance provided in EPA-454/R-98-015 (incorporated by reference, see
Sec.  60.17).
    (4) Use a bag leak detection system equipped with a device to
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that
will sound an alarm when an increase in relative particulate matter
emissions over a preset level is detected. The alarm must be located
where it is observed readily by plant operating personnel.
    (s) For facilities using a continuous emission monitoring system to
demonstrate compliance with the sulfur dioxide emission limit,
compliance with the sulfur dioxide emission limit may be demonstrated
by using the continuous emission monitoring system specified in Sec.
60.2730 to measure sulfur dioxide and calculating a 30-day rolling
average emission concentration using Equation 19-19 in section 12.4.1
of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur
dioxide continuous emission monitoring system must be operated
according to performance specification 2 in appendix B of this part and
must follow the procedures and methods specified in this paragraph (s).
For sources that have actual inlet emissions less than 100 parts per
million dry volume, the relative accuracy criterion for inlet sulfur
dioxide continuous emission monitoring systems should be no greater
than 20 percent of the mean value of the reference method test data in
terms of the units of the emission standard, or 5 parts per million dry
volume absolute value of the mean difference between the reference
method and the continuous emission monitoring systems, whichever is
greater.
    (1) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 2 in
appendix B of this part, collect sulfur dioxide and oxygen (or carbon
dioxide) data concurrently (or within a 30- to 60-minute period) with
both the continuous emission monitors and the test methods specified in
paragraphs (s)(1)(i) and (s)(1)(ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec.  60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the continuous emissions monitoring system at
the inlet to the sulfur dioxide control device must be 125 percent of
the maximum estimated hourly potential sulfur dioxide emissions of the
unit subject to this rule. The span value of the continuous emission
monitoring system at the outlet of the sulfur dioxide control device
must be 50 percent of the maximum estimated hourly potential sulfur
dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a continuous emission monitoring system to
demonstrate continuous compliance with the nitrogen oxides emission
limit, compliance with the nitrogen oxides emission limit may be
demonstrated by using the continuous emission monitoring system
specified in Sec.  60.2730 to measure nitrogen oxides and calculating a
30-day rolling average emission concentration using Equation 19-19 in
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix
A-7. The nitrogen oxides continuous emission monitoring system must be
operated according to performance specification 2 in appendix B of this
part and must follow the procedures and methods specified in paragraphs
(t)(1) through (t)(5) of this section.
    (1) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 2 of
appendix B of this part, collect nitrogen oxides and oxygen (or carbon
dioxide) data concurrently (or within a 30- to 60-minute period) with
both the continuous emission monitoring systems and the test methods
specified in paragraphs (t)(1)(i) and (t)(1)(ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR
part 60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the continuous emission monitoring system
must be 125 percent of the maximum estimated hourly potential nitrogen
oxide emissions of unit.
    (3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that
compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (t)(4)(i) through
(t)(4)(iv) of this section. This relationship may be reestablished
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981
(incorporated by reference, see Sec.  60.17), as applicable, must be
used to determine the oxygen concentration at the same location as the
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of 3 runs must be performed.
    (u) For facilities using a continuous emissions monitoring system
to demonstrate continuous compliance with any of the emission limits of
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s)
using a 30-day rolling average, calculated using Equation 19-19 in
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix
A-7.
    (2) Operate all continuous emissions monitoring systems in
accordance with the applicable procedures under appendices B and F of
this part.
    (v) Use of the bypass stack at any time is an emissions standards
deviation for

particulate matter, HCl, Pb, Cd, Hg, NOX, SO2,
and dioxin/furans.
    (w) For energy recovery units with a heat input capacity of 100
MMBtu per hour or greater that do not use a carbon monoxide continuous
emission monitoring system, you must operate and maintain the
continuous oxygen monitoring system specified in Sec.  60.2730
according to the procedures in paragraphs (w)(1) through (4) of this
section by the compliance date specified in table 1 of this subpart.
The oxygen level shall be monitored at the outlet of the energy
recovery unit.
    (1) Each monitor must be operated and maintained according to the
applicable procedures under performance specification 3 of appendix B
of this part and according to the site-specific monitoring plan
developed according to paragraph (1) of this section.
    (2) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 3 of
appendix B of this part, oxygen data must be collected concurrently (or
within a 30- to 60-minute period) by both the continuous emission
monitor and the test methods specified in paragraphs (w)(3) of this
section.
    (3) For oxygen, EPA Reference Method 3A or 3B, or as an alternative
ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec.  60.17),
as applicable, must be used.
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using Equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.

0
65. Section 60.2715 is revised to read as follows:

Sec.  60.2715  By what date must I conduct the annual performance test?

    You must conduct annual performance tests between 11 and 13 months
of the previous performance test.

0
66. Section 60.2716 is added to read as follows:

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

    On an annual basis (no more than 12 months following the previous
annual air pollution control device inspection), you must complete the
air pollution control device inspection as described in Sec.  60.2706.

0
67. Section 60.2720 is revised to read as follows:

Sec.  60.2720  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the
schedule specified in Sec.  60.2715, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward, as specified in Sec.  60.2725. The Administrator may request a
repeat performance test at any time.
    (2) You must repeat the performance test within 60 days of a
process change, as defined in Sec.  60.2875.
    (3) If the initial or any subsequent performance test for any
pollutant in table 2 or tables 6 through 9 of this subpart, as
applicable, demonstrates that the emission level for the pollutant is
no greater than the emission level specified in paragraph (a)(3)(i) or
(a)(3)(ii) of this section, as applicable, and you are not required to
conduct a performance test for the pollutant in response to a request
by the Administrator in paragraph (a)(1) of this section or a process
change in paragraph (a)(2) of this section, you may elect to skip
conducting a performance test for the pollutant for the next 2 years.
You must conduct a performance test for the pollutant during the third
year and no more than 37 months following the previous performance test
for the pollutant. For cadmium and lead, both cadmium and lead must be
emitted at emission levels no greater than their respective emission
levels specified in paragraph (a)(3)(i) of this section for you to
qualify for less frequent testing under this paragraph.
    (i) For particulate matter, hydrogen chloride, mercury, carbon
monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/
furans, the emission level equal to 75 percent of the applicable
emission limit in table 2 or tables 6 through 9 of this subpart, as
applicable, to this subpart.
    (ii) For fugitive emissions, visible emissions (of combustion ash
from the ash conveying system) for 2 percent of the time during each of
the three 1-hour observations periods.
    (4) If you are conducting less frequent testing for a pollutant as
provided in paragraph (a)(3) of this section and a subsequent
performance test for the pollutant indicates that your CISWI unit does
not meet the emission level specified in paragraph (a)(3)(i) or
(a)(3)(ii) of this section, as applicable, you must conduct annual
performance tests for the pollutant according to the schedule specified
in paragraph (a) of this section until you qualify for less frequent
testing for the pollutant as specified in paragraph (a)(3) of this
section.
    (b) [Reserved]

0
68. Section 60.2730 is amended by revising paragraphs (b)(6) and (c)
and adding paragraphs (d) through (q) to read as follows:

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

* * * * *
    (b) * * *
    (6) The bag leak detection system must be equipped with an alarm
system that will alert automatically an operator when an increase in
relative particulate matter emission over a preset level is detected.
The alarm must be located where it is observed easily by plant
operating personnel.
* * * * *
    (c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, or an electrostatic
precipitator to comply with the emission limitations under Sec.
60.2670, you must install, calibrate (to the manufacturers'
specifications), maintain and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec.  60.2680.
    (d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.2690, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI unit) or the minimum reagent
flow rate measured as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart, you must monitor the secondary power
to the electrostatic precipitator collection plates and maintain the 3-
hour block averages at or above the operating limits

established during the mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber, in
place of hydrogen chloride testing with EPA Method 321 at 40 CFR part
63, appendix A, an owner or operator must install, calibrate, maintain,
and operate a continuous emission monitoring system for monitoring
hydrogen chloride emissions discharged to the atmosphere and record the
output of the system. To demonstrate continuous compliance with the
hydrogen chloride emissions limit for units other than waste-burning
kilns not equipped with a wet scrubber, a facility may substitute use
of a hydrogen chloride continuous emissions monitoring system for
conducting the hydrogen chloride annual performance test, monitoring
the minimum hydrogen chloride sorbent flow rate and monitoring the
minimum scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of a particulate
matter continuous emissions monitoring system for conducting the
particulate matter annual performance test and monitoring the minimum
pressure drop across the wet scrubber, if applicable.
    (i) To demonstrate continuous compliance with the dioxin/furan
emissions limit, a facility may substitute use of a continuous
automated sampling system for the dioxin/furan annual performance test.
You must record the output of the system and analyze the sample
according to EPA Method 23 at 40 CFR part 60, appendix A-7. You may
propose alternative continuous monitoring consistent with the
requirements in Sec.  60.13(i). The owner or operator who elects to
continuously sample dioxin/furan emissions instead of sampling and
testing using EPA Method 23 at 40 CFR part 60, appendix A-7 must
install, calibrate, maintain and operate a continuous automated
sampling system and must comply with the requirements specified in
Sec.  60.58b(p) and (q).
    (j) To demonstrate continuous compliance with the mercury emissions
limit, a facility may substitute use of a continuous automated sampling
system for the mercury annual performance test. You must record the
output of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet performance
specification 12B criteria. This option to use a continuous automated
sampling system takes effect on the date a final performance
specification applicable to mercury from monitors is published in the
Federal Register. The owner or operator who elects to continuously
sample mercury emissions instead of sampling and testing using EPA
Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-02
(Reapproved 2008) (incorporated by reference, see Sec.  60.17), or an
approved alternative method for measuring mercury emissions, must
install, calibrate, maintain and operate a continuous automated
sampling system and must comply with the requirements specified in
Sec.  60.58b(p) and (q).
    (k) To demonstrate continuous compliance with the nitrogen oxides
emissions limit, a facility may substitute use of a continuous
emissions monitoring system for the nitrogen oxides annual performance
test to demonstrate compliance with the nitrogen oxides emissions
limits.
    (1) Install, calibrate, maintain and operate a continuous emission
monitoring system for measuring nitrogen oxides emissions discharged to
the atmosphere and record the output of the system. The requirements
under performance specification 2 of appendix B of this part, the
quality assurance procedure 1 of appendix F of this part and the
procedures under Sec.  60.13 must be followed for installation,
evaluation and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for
nitrogen oxides is completed or is required to be completed under Sec.
60.2690, compliance with the emission limit for nitrogen oxides
required under Sec.  60.52b(d) must be determined based on the 30-day
rolling average of the hourly emission concentrations using continuous
emission monitoring system outlet data. The 1-hour arithmetic averages
must be expressed in parts per million by volume (dry basis) and used
to calculate the 30-day rolling average concentrations. The 1-hour
arithmetic averages must be calculated using the data points required
under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the sulfur dioxide annual performance
test to demonstrate compliance with the sulfur dioxide emissions
limits.
    (1) Install, calibrate, maintain and operate a continuous emission
monitoring system for measuring sulfur dioxide emissions discharged to
the atmosphere and record the output of the system. The requirements
under performance specification 2 of appendix B of this part, the
quality assurance requirements of procedure 1 of appendix F of this
part and the procedures under Sec.  60.13 must be followed for
installation, evaluation and operation of the continuous emission
monitoring system.
    (2) Following the date that the initial performance test for sulfur
dioxide is completed or is required to be completed under Sec.
60.2690, compliance with the sulfur dioxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using continuous emission monitoring
system outlet data. The 1-hour arithmetic averages must be expressed in
parts per million corrected to 7 percent oxygen (dry basis) and used to
calculate the 30-day rolling average emission concentrations. The 1-
hour arithmetic averages must be calculated using the data points
required under Sec.  60.13(e)(2).
    (m) For energy recovery units that do not use a wet scrubber,
fabric filter with bag leak detection system, or particulate matter
continuous emission monitoring system, you must install, operate,
certify and maintain a continuous opacity monitoring system according
to the procedures in paragraphs (m)(1) through (5) of this section by
the compliance date specified in Sec.  60.2670. Energy recovery units
that use a particulate matter continuous emissions monitoring system to
demonstrate initial and continuing compliance according to the
procedures in Sec.  60.2730(n) are not required to install a continuous
opacity monitoring system and must perform the annual performance tests
for opacity consistent with Sec.  60.2710(f).
    (1) Install, operate and maintain each continuous opacity
monitoring system according to performance specification 1 at 40 CFR
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec.  60.13 and
according to performance specification 1 at 40 CFR part 60, appendix B.
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as
specified in Sec.  60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
    (n) For energy recovery units with design capacities greater than
250 MMBtu/hr and waste-burning kilns, in place of particulate matter
testing with EPA Method 5 at 40 CFR part 60, appendix A-3, an owner or
operator

must install, calibrate, maintain and operate a continuous emission
monitoring system for monitoring particulate matter emissions
discharged to the atmosphere and record the output of the system. The
owner or operator of an affected facility who continuously monitors
particulate matter emissions instead of conducting performance testing
using EPA Method 5 at 40 CFR part 60, appendix A-3 must install,
calibrate, maintain and operate a continuous emission monitoring system
and must comply with the requirements specified in paragraphs (n)(1)
through (n)(14) of this section.
    (1) Notify the Administrator 1 month before starting use of the
system.
    (2) Notify the Administrator 1 month before stopping use of the
system.
    (3) The monitor must be installed, evaluated and operated in
accordance with the requirements of performance specification 11 of
appendix B of this part and quality assurance requirements of procedure
2 of appendix F of this part and Sec.  60.13.
    (4) The initial performance evaluation must be completed no later
than 180 days after the final compliance date for meeting the amended
emission limitations, as specified under Sec.  60.2690 or within 180
days of notification to the Administrator of use of the continuous
monitoring system if the owner or operator was previously determining
compliance by Method 5 at 40 CFR part 60, appendix A-3 performance
tests, whichever is later.
    (5) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec.  60.2710(s)(5)(i) through
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions as required
under Sec.  60.2690. Compliance with the particulate matter emission
limit must be determined by using the continuous emission monitoring
system specified in paragraph (n) of this section to measure
particulate matter and calculating a 30-day rolling average emission
concentration 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.
    (7) Compliance with the particulate matter emission limit must be
determined based on the 30-day rolling average calculated using
Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, Appendix A-7 of the part from the 1-hour arithmetic average of
the continuous emission monitoring system outlet data.
    (8) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified Sec.  60.2735.
    (9) The 1-hour arithmetic averages required under paragraph (n)(7)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and
must be used to calculate the 30-day rolling average emission
concentrations. The 1-hour arithmetic averages must be calculated using
the data points required under Sec.  60.13(e)(2).
    (10) All valid continuous emission monitoring system data must be
used in calculating average emission concentrations even if the minimum
continuous emission monitoring system data requirements of paragraph
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system must be operated
according to performance specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 11 in
appendix B of this part, particulate matter and oxygen (or carbon
dioxide) data must be collected concurrently (or within a 30-to 60-
minute period) by both the continuous emission monitors and the
following test methods.
    (i) For particulate matter, EPA Reference Method 5 at 40 CFR part
60, appendix A-3 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B
at 40 CFR part 60, appendix A-2, as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 2 in appendix F of
this part.
    (14) When particulate matter emissions data are missing because of
continuous emission monitoring system breakdowns, repairs, calibration
checks and zero and span adjustments, you must collect emissions data
by using other monitoring systems as approved by the Administrator or
EPA Reference Method 19 at 40 CFR part 60, appendix A-7 to provide, as
necessary, valid emissions data for a minimum of 85 percent of the
hours per day, 90 percent of the hours per calendar quarter, and 95
percent of the hours per calendar year that the affected facility is
operated and combusting waste.
    (o) To demonstrate continuous compliance with the carbon monoxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the carbon monoxide annual performance
test to demonstrate compliance with the carbon monoxide emissions
limits.
    (1) Install, calibrate, maintain, and operate a continuous emission
monitoring system for measuring carbon monoxide emissions discharged to
the atmosphere and record the output of the system. The requirements
under performance specification 4B of appendix B of this part, the
quality assurance procedure 1 of appendix F of this part and the
procedures under Sec.  60.13 must be followed for installation,
evaluation, and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for carbon
monoxide is completed or is required to be completed under Sec.
60.2690, compliance with the carbon monoxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using continuous emission monitoring
system outlet data. The 1-hour arithmetic averages must be expressed in
parts per million corrected to 7 percent oxygen (dry basis) and used to
calculate the 30-day rolling average emission concentrations. The 1-
hour arithmetic averages must be calculated using the data points
required under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
    (q) For energy recovery units with a heat input capacity of 100
MMBtu per hour or greater that do not use a carbon monoxide continuous
emission monitoring system, you must install, operate and maintain the
continuous oxygen monitoring system according to the procedures in
paragraphs (q)(1) through (4) of this section by the compliance date
specified in table 1 of this subpart. The oxygen level shall be
monitored at the outlet of the energy recovery unit.
    (1) Each monitor must be installed, operated, and maintained
according to the applicable procedures under performance specification
3 of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part, the procedures under Sec.  60.13 and according
to the site-specific monitoring plan developed according to paragraph
(l) of this section.

    (2) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 3 of
appendix B of this part, oxygen data must be collected concurrently (or
within a 30- to 60-minute period) by both the continuous emission
monitor and the test methods specified in paragraphs (w)(3) of this
section.
    (3) For oxygen, EPA Reference Method 3A or 3B, or as an alternative
ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec.  60.17),
as applicable, must be used.
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using Equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part. The 1-hour arithmetic averages
must be calculated using the data points required under Sec.
60.13(e)(2).

0
69. Section 60.2735 is revised to read as follows:

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

    For each continuous monitoring system required or optionally
allowed under Sec.  60.2730, you must monitor and collect data
according to this section:
    (a) You must operate the monitoring system and collect data at all
required intervals at all times compliance is required except for
periods of monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  60.2770(o) of this part), and
required monitoring system quality assurance or quality control
activities including, as applicable, calibration checks and required
zero and span adjustments. A monitoring system malfunction is any
sudden, infrequent, not reasonably preventable failure of the
monitoring system to provide valid data. Monitoring system failures
that are caused in part by poor maintenance or careless operation are
not malfunctions. You are required to effect monitoring system repairs
in response to monitoring system malfunctions or out-of-control periods
and to return the monitoring system to operation as expeditiously as
practicable.
    (b) You may not use data recorded during the monitoring system
malfunctions, repairs associated with monitoring system malfunctions or
out-of control periods, or required monitoring system quality assurance
or control activities in calculations used to report emissions or
operating levels. You must use all the data collected during all other
periods in assessing the operation of the control device and associated
control system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions
or out-of-control periods, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments, failure to
collect required data is a deviation of the monitoring requirements.

0
70. Section 60.2740 is amended by:
0
a. Revising the introductory text.
0
b. Revising paragraphs (b)(5) and (e).
0
c. Removing and reserving paragraphs (c) and (d).
0
d. Adding paragraphs (n) through (v).

Sec.  60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (v) of this section for a period
of at least 5 years:
* * * * *
    (b) * * *
    (5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec.  60.2675(d) through (f) or
Sec.  60.2680, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits.
* * * * *
    (c) [Reserved]
    (d) [Reserved]
    (e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 3 of this subpart or a
deviation from other operating limits established under Sec.
60.2675(d) through (f) or Sec.  60.2680 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
* * * * *
    (n) Maintain records of the annual air pollution control device
inspections that are required for each CISWI unit subject to the
emissions limits in table 2 of this subpart or tables 6 through 9 of
this subpart, any required maintenance and any repairs not completed
within 10 days of an inspection or the timeframe established by the
state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average concentrations of particulate matter
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride
emissions.
    (p) Records indicating use of the bypass stack, including dates,
times and durations.
    (q) If you choose to stack test less frequently than annually,
consistent with Sec.  60.2720(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
    (r) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
    (s) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (u) For operating units that burn materials other than traditional
fuels as defined in Sec.  241.2, a description of each material burned,
and a record which documents how each material that is not a
traditional fuel meets each of the legitimacy criteria in Sec.
241.3(d). If you combust a material that has been processed from a
discarded non-hazardous secondary material pursuant to Sec.
241.3(b)(4), you must keep records as to how the operations that
produced the material satisfy the definition of processing in Sec.
241.2. If the material received a non-waste determination pursuant to
the petition process submitted under Sec.  241.3(c), you must keep a
copy of the non-waste determination granted by EPA.
    (v) For operating units that burn tires, a certification that the
shipments of tires that are non-waste per 40 CFR 241.3(b)(2)(i), are
part of an established tire collection program, consistent with the
definition of that term in Sec.  241.2. The certification must document
that

the tires were not discarded and are handled as valuable commodities in
accordance with Sec.  241.3(b)(2)(i), from the point of removal from
the automobile through arrival at the combustion facility. The
certification must identify the entity the tires were received from
(for example, the name of the state or private collection program), the
quantity, volume, or weight of tires received by you, and the dates
received. The certification must be signed by the owner or operator of
the combustion unit, or by a responsible official of the established
tire collection program, and must include the following certification
of compliance, ``The tires from this tire collection program meet the
EPA definition of an established tire collection program in Sec.  241''
and state the title or position of the person signing the
certification. You must also keep a record that identifies where on
your plant site the tires from each tire collection program are
located, and that accounts for all tires at the plant site.

0
71. Section 60.2770 is amended by revising paragraph (e) and adding
paragraphs (k) through (o) to read as follows:

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

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

0
72. Section 60.2780 is amended by revising paragraph (c) and removing
paragraphs (e) and (f).

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

* * * * *
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits
and your corrective actions.
    (2) Bypass events and your corrective actions.
* * * * *

0
73. Section 60.2790 is revised to read as follows:

Sec.  60.2790  Are there any other notifications or reports that I must
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate,
you must provide 30 days prior notice of the effective date of the
waste-to-fuel switch, consistent with Sec.  60.2710(a). The
notification must identify:
    (1) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
    (2) 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;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI
unit is currently combusting and has combusted over the past 6 months,
and the fuel(s) or non-waste materials the unit will commence
combusting;

    (4) The date on which you became subject to the currently
applicable emission limits;
    (5) 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 (b)(2) and (3)of this section.

0
74. Section 60.2795 is revised to read as follows:

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

    (a) Submit initial, annual and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
    (b) After December 31, 2011, within 60 days after the date of
completing each performance evaluation or performance test, as they are
defined in Sec.  63.2, conducted to demonstrate compliance with this
subpart, the owner or operator of the affected facility must submit the
relative accuracy test audit data and performance test data, except
opacity data, to EPA by successfully submitting the data electronically
to EPA's Central Data Exchange (CDX) by using the Electronic Reporting
Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ert_tool.html).

0
75. Section 60.2805 is revised to read as follows:

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

    Yes. Each CISWI unit and air curtain incinerator subject to
standards under this subpart must operate pursuant to a permit issued
under Clean Air Act sections 129(e) and Title V.

0
76. Section 60.2860 is revised to read as follows:

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

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

0
77. Section 60.2870 is amended by revising paragraph (c)(2) to read as
follows:

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

* * * * *
    (c) * * *
    (2) The results (as determined by the average of three 1-hour
blocks consisting of ten 6-minute average opacity values) of the
initial opacity tests.
* * * * *

0
78. Section 60.2875 is amended by:
0
a. Adding definitions for ``Affirmative defense,'' ``Burn-off oven,''
``Bypass stack,'' ``Chemical recovery unit,'' ``Continuous monitoring
system,'' ``Cyclonic burn barrel,'' ``Energy recovery unit,'' ``Energy
recovery unit designed to burn biomass (Biomass),'' ``Energy recovery
unit designed to burn coal (Coal),'' ``Energy recovery unit designed to
burn liquid wastes material and gas (Liquid/gas),'' ``Energy recovery
unit designed to burn solid materials (Solid),'' ``Fabric filter,''
``Homogeneous wastes,'' ``Incinerator,'' ``Kiln,'' ``Laboratory
analysis unit,'' ``Minimum voltage or amperage,'' ``Opacity,''
``Operating day,'' ``Performance evaluation,'' ``Performance test,''
``Process change,'' ``Raw mill,'' ``Small remote incinerator,'' ``Soil
treatment unit,'' ``Solid waste incineration unit,'' ``Space heater''
and ``Waste-burning kiln,'' in alphabetical order.
0
b. Revising the definition for ``Commercial and industrial solid waste
incineration (CISWI) unit,'' ``Modification,'' and ``Wet scrubber.''
0
c. Removing paragraph (3) of the definition for ``Deviation.''
0
d. Removing the definition for ``Commercial or industrial waste,''
``Contained gaseous material,'' and ``Solid Waste.''

Sec.  60.2875  What definitions must I know?

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit. A burn-off oven is not an incinerator,
waste-burning kiln, an energy recovery unit or a small, remote
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
* * * * *
    Chemical recovery unit means combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. The following seven types of units are
considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals that are reclaimed and reused as catalysts
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
* * * * *
    Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec.  241.2 that have been discarded, and you do not keep and
produce records as required by Sec.  60.2740(u), the material is a
solid waste and the operating unit is a CISWI unit. While not all CISWI
units will include all of the following components, a CISWI unit
includes, but is not limited to, the solid waste feed system, grate
system, flue gas system, waste heat recovery equipment, if any, and
bottom ash system. The CISWI unit does not include air pollution
control equipment or the stack. The CISWI unit boundary starts at the
solid waste hopper (if applicable) and extends through two areas: The
combustion unit flue gas system, which ends immediately after the last
combustion

chamber or after the waste heat recovery equipment, if any; and the
combustion unit bottom ash system, which ends at the truck loading
station or similar equipment that transfers the ash to final disposal.
The CISWI unit includes all ash handling systems connected to the
bottom ash handling system.
* * * * *
    Continuous monitoring system (CMS) means the total equipment,
required under the emission monitoring sections in applicable subparts,
used to sample and condition (if applicable), to analyze, and to
provide a permanent record of emissions or process parameters.
* * * * *
    Cyclonic burn barrel means a combustion device for waste materials
that is attached to a 55 gallon, openhead drum. The device consists of
a lid, which fits onto and encloses the drum, and a blower that forces
combustion air into the drum in a cyclonic manner to enhance the mixing
of waste material and air. A cyclonic burn barrel is not an
incinerator, waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements.
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
* * * * *
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator under Resource
Conservation and Recovery Act in 40 CFR 240) for energy recovery.
Energy recovery units include units that would be considered boilers
and process heaters if they did not combust solid waste.
    Energy recovery unit designed to burn biomass (Biomass) means an
energy recovery unit that burns solid waste and at least 10 percent
biomass, but less than 10 percent coal, on a heat input basis on an
annual average, either alone or in combination with liquid waste,
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy
recovery unit that burns solid waste and at least 10 percent coal on a
heat input basis on an annual average, either alone or in combination
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste material and gas
(Liquid/gas) means an energy recovery unit that burns a liquid waste
with liquid or gaseous fuels not combined with any solid fuel or waste
materials.
    Energy recovery unit designed to burn solid materials (Solids)
includes energy recovery units designed to burn coal and energy
recovery units designed to burn biomass
    Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
    Homogeneous wastes are stable, consistent in formulation, have
known fuel properties, have a defined origin, have predictable chemical
and physical attributes, and result in consistent combustion
characteristics and have a consistent emissions profile.
    Incinerator means any furnace used in the process of combusting
solid waste (as the term is defined by the Administrator under Resource
Conservation and Recovery Act in 40 CFR 240) for the purpose of
reducing the volume of the waste by removing combustible matter.
Incinerator designs include single chamber and two-chamber.
    Kiln means an oven or furnace, including any associated preheater
or precalciner devices, used for processing a substance by burning,
firing or drying. Kilns include cement kilns that produce clinker by
heating limestone and other materials for subsequent production of
Portland Cement.
    Laboratory analysis unit means units that burn samples of materials
for the purpose of chemical or physical analysis. A laboratory analysis
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
* * * * *
    Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
during the most recent particulate matter or mercury performance test
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has
been changed later than June 1, 2001, and that meets one of two
criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which Clean Air Act section 129 or section 111 has established
standards.
    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI unit.
* * * * *
    Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
    Process change means a significant permit revision, but only with
respect to those pollutant-specific emission units for which the
proposed permit revision is applicable, including but not limited to a
change in the air pollution control devices used to comply with the
emission limits for the affected CISWI unit (e.g., change in the
sorbent used for activated carbon injection).
* * * * *
    Raw mill means a ball and tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
* * * * *
    Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator under RCRA in 40
CFR 240) and combusts 3 tons per day or less solid waste and is more
than 25 miles driving distance to the nearest municipal solid waste
landfill.

    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil
treatment unit may be direct-fired or indirect fired. A soil treatment
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
    Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid (as that term is defined by the
Administrator under the Resource Conservation and Recovery Act in 40
CFR part 240) waste material from commercial or industrial
establishments or the general public (including single and multiple
residences, hotels and motels). Such term does not include incinerators
or other units required to have a permit under section 3005 of the
Solid Waste Disposal Act. The term ``solid waste incineration unit''
does not include (A) materials recovery facilities (including primary
or secondary smelters) which combust waste for the primary purpose of
recovering metals, (B) qualifying small power production facilities, as
defined in section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as defined in
section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which
burn homogeneous waste (such as units which burn tires or used oil, but
not including refuse-derived fuel) for the production of electric
energy or in the case of qualifying cogeneration facilities which burn
homogeneous waste for the production of electric energy and steam or
forms of useful energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood wastes,
yard wastes and clean lumber and that such air curtain incinerators
comply with opacity limitations to be established by the Administrator
by rule.
    Space heater means a usually portable appliance for heating a
relatively small area.
* * * * *
    Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator under the Resource Conservation and Recovery Act pursuant
in 40 CFR part 240).
* * * * *

0
79. Table 1 to Subpart DDDD of Part 60 is revised to read as follows:

 Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
                        and Compliance Schedules
------------------------------------------------------------------------
 Comply with these increments of progress         By these dates\a\
------------------------------------------------------------------------
Increment 1--Submit final control plan....  (Dates to be specified in
                                             state plan).
Increment 2--Final compliance.............  (Dates to be specified in
                                             state plan).\b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWI units that commenced
  construction on or before November 30, 1999. The date can be no later
  than 3 years after the effective date of approval of a revised state
  plan or March 21, 2012 for CISWI units that commenced construction on
  or before June 4, 2010.

0
80. Table 2 to subpart DDDD is amended by:
0
a. Revising the title to read ``Table 2 to Subpart DDDD of Part 60--
Model Rule--Emission Limitations That Apply Before [Date to be
specified in state plan].''
0
b. Revising the entries for ``Hydrogen chloride,'' ``Mercury,''
``Opacity'' and ``Oxides of nitrogen.''
0
c. Adding footnotes b and c.

             Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply Before
                                    [Date to be specified in state plan] \b\
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).

                                                  * * * * * * *
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                appendix A-8) or ASTM
                                                                                D6784-02 (Reapproved
                                                                                2008).\c\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).

                                                  * * * * * * *
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                A-4). Use a span gas
                                                                                with a concentration
                                                                                of 800 ppm or less.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\b\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or March 21, 2016.
\c\ Incorporated by reference, see Sec.   60.17.

0
81. Table 4 of subpart DDDD is amended by revising the row headings to
read as follows:

    Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency
                                 Factors
------------------------------------------------------------------------
          Dioxin/furan isomer                Toxic equivalency factor
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

0
82. Table 5 of subpart DDDD is amended by:
0
a. Revising the entry for ``Annual Report''.
0
b. Revising the entry for ``Emission limitation or operating limit
deviation report''.

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

                                                  * * * * * * *
Annual report.....................  No later than 12 months      Name and address.  Sec.  Sec.   60.2765
                                     following the submission    Statement and       and 60.2770.
                                     of the initial test         signature by responsible
                                     report. Subsequent          official.
                                     reports are to be           Date of report...
                                     submitted no more than 12   Values for the
                                     months following the        operating limits.
                                     previous report.            Highest recorded
                                                                 3-hour average and the
                                                                 lowest 3-hour average, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the calendar
                                                                 year being reported.
                                                                 If a performance
                                                                 test was conducted during
                                                                 the reporting period, the
                                                                 results of the test.
                                                                 If a performance
                                                                 test was not conducted
                                                                 during the reporting
                                                                 period, a statement that
                                                                 the requirements of Sec.
                                                                  60.2720(a) were met.
                                                                 Documentation of
                                                                 periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more than
                                                                 8 hours but less than 2
                                                                 weeks.
                                                                 If you are
                                                                 conducting performance
                                                                 tests once every 3 years
                                                                 consistent with Sec.
                                                                 60.2720(a), the date of
                                                                 the last 2 performance
                                                                 tests, a comparison of
                                                                 the emission level you
                                                                 achieved in the last 2
                                                                 performance tests to the
                                                                 75 percent emission limit
                                                                 threshold required in
                                                                 Sec.   60.2720(a) and a
                                                                 statement as to whether
                                                                 there have been any
                                                                 operational changes since
                                                                 the last performance test
                                                                 that could increase
                                                                 emissions.

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

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

0
83. Table 6 to Subpart DDDD is added as follows:

  Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators on and After
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \b\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  36 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4). Use a maximum
                                                                                allowable drift of 0.2
                                                                                ppm and a span gas
                                                                                with a CO
                                                                                concentration of 75
                                                                                ppm or less. The span
                                                                                gas must contain
                                                                                approximately the same
                                                                                concentration of CO2
                                                                                expected from the
                                                                                source.
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.0036 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.0054 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008)b, collect a        appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008) \c\.
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  53 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4). Use a span gas
                                                                                with a concentration
                                                                                of 100 ppm or less.
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                A-4. Use a maximum
                                                                                allowable drift of 0.2
                                                                                ppm and a span gas
                                                                                with concentration of
                                                                                20 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or March 21, 2016.
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\c\ Incorporated by reference, see Sec.   60.17.

0
84. Table 7 of Subpart DDDD is added as follows:

 Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
                                                  May 20, 2011
----------------------------------------------------------------------------------------------------------------
                                        You must meet this emission
                                              limitation \a\                  Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    0.00051 milligrams  3-run average       Performance test
                                   per dry standard    per dry standard    (collect a          (Method 29 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           2 dry standard      appendix A-8).
                                                                           cubic meters).      Use ICPMS for the
                                                                                analytical
                                                                                finish.
Carbon monoxide.................  36 parts per        Biomass--490 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--59 parts per   run).               appendix A-4).
                                                       million dry                             Use a span gas
                                                       volume.                                 with a
                                                                                concentration of
                                                                                100 ppm or less
                                                                                for liquid/gas
                                                                                boilers and coal-
                                                                                fed boilers. Use
                                                                                a span gas with a
                                                                                concentration of
                                                                                1000 ppm or less
                                                                                for biomass-fed
                                                                                boilers.
Dioxins/furans (total mass        2.9 nanograms per   0.35 nanograms per  3-run average       Performance test
 basis).                           dry standard        dry standard        (collect a          (Method 23 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           1 dry standard      appendix A-7).
                                                                           cubic meter).
Dioxins/furans (toxic             0.32 nanograms per  0.059 nanograms     3-run average       Performance test
 equivalency basis).               dry standard        per dry standard    (collect a          (Method 23 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           1 dry standard      appendix A-7).
                                                                           cubic meter).
Hydrogen chloride...............  14 parts per        0.45 parts per      3-run average       Performance test
                                   million dry         million dry         (collect a          (Method 26 or 26A
                                   volume.             volume.             minimum volume of   at 40 CFR part
                                                                           1 dry standard      60, appendix A-
                                                                           cubic meters).      8).
Lead............................  0.096 milligrams    0.0036 milligrams   3-run average       Performance test
                                   per dry standard    per dry standard    (collect a          (Method 29 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           2 dry standard      appendix A-8).
                                                                           cubic meters).      Use ICPMS for the
                                                                                analytical
                                                                                finish.
Mercury.........................  0.0013 milligrams   0.00033 milligrams  3-run average (For  Performance test
                                   per dry standard    per dry standard    Method 29 and       (Method 29 or 30B
                                   cubic meter.        cubic meter.        ASTM D6784-02       at 40 CFR part
                                                                           (Reapproved         60, appendix A-8)
                                                                           2008),\b\ collect   or ASTM D6784-02
                                                                           a minimum volume    (Reapproved
                                                                           of 2 dry standard   2008).\b\
                                                                           cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 7E at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--340 parts      run).               appendix A-4).
                                                       per million dry                         Use a span gas
                                                       volume.                                 with a
                                                                                concentration of
                                                                                150 ppm or less
                                                                                for liquid/gas
                                                                                fuel boilers. Use
                                                                                a span gas with a
                                                                                concentration of
                                                                                700 ppm or less
                                                                                for solid fuel
                                                                                boilers.

Particulate matter filterable...  110 milligrams per  250 milligrams per  3-run average       Performance test
                                   dry standard        dry standard        (collect a          (Method 5 or 29
                                   cubic meter.        cubic meter or 30-  minimum volume of   at 40 CFR part
                                                       day rolling         1 dry standard      60, appendix A-3
                                                       average if PM       cubic meter).       or appendix A-8)
                                                       CEMS is required                        if the unit has a
                                                       or being used.                          design capacity
                                                                                less than or
                                                                                equal to 250
                                                                                MMBtu/hr; or PM
                                                                                CEMS (performance
                                                                                specification 11
                                                                                of appendix B of
                                                                                this part) if the
                                                                                unit has a design
                                                                                capacity greater
                                                                                than 250 MMBtu/
                                                                                hr. Use Method 5
                                                                                or 5I of Appendix
                                                                                A of this part
                                                                                and collect a
                                                                                minimum sample
                                                                                volume of 1 dscm
                                                                                for the PM CEMS
                                                                                correlation
                                                                                testing.
Sulfur dioxide..................  720 parts per       Biomass--6.2 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--650 parts      run).               60, appendix A-4.
                                                       per million dry                         Use a span gas
                                                       volume.                                 with a
                                                                                concentration of
                                                                                20 ppm or less
                                                                                for biomass-fed
                                                                                boilers. Use a
                                                                                span gas with a
                                                                                concentration of
                                                                                1500 ppm or less
                                                                                for liquid/gas
                                                                                and coal-fed
                                                                                boilers.
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\b\ Incorporated by reference, see Sec.   60.17.

0
85. Table 8 of Subpart DDDD is added as follows:

Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After May
                                                    20, 2011
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00048 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Carbon monoxide......................  110 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4). Use a span gas
                                                                                with a concentration
                                                                                of 200 ppm or less.
Dioxins/furans (total mass basis)....  0.02 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Dioxins/furans (toxic equivalency      0.0070 nanograms per     3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 1    (Method 23 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Hydrogen chloride....................  25 parts per million     3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 321 at 40 CFR
                                                                 dry standard cubic       part 63, appendix A)