K. National Technology Transfer and Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act ( NTTAA) of 1995 ( Pub. L. 104   113; 15 U. S. C. 272) directs EPA to use voluntary consensus standards in regulatory and procurement activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( e. g., materials specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through annual reports to the Office of Management and Budget ( OMB), with explanations when an agency does not use available and applicable voluntary consensus standards. This proposed Federal plan involves technical standards. The EPA proposes in this plan to use EPA Methods 1, 3A, 3B, 5, 6, 6C, 7, 7A, 7C, 7D, 7E, 9, 10, 10A, 10B, 23, 26A, and 29. Consistent with the NTTAA, EPA conducted searches to identify voluntary consensus standards in addition to these EPA methods. No applicable voluntary consensus standards were identified for EPA Methods 7A, 7D, 9, and 10B. The search and review results have been documented and are placed in the Docket No. A   2000   52 for this proposed plan. This search for emission measurement procedures identified 24 voluntary consensus standards. The EPA determined that 20 of these 24 standards were impractical alternatives to EPA test methods for the purposes of this proposed Federal plan. Therefore, EPA does not propose to adopt these standards today. The reasons for this determination for the 20 methods are discussed below. The standard, ASTM D3162 ( 1994) `` Standard Test Method for Carbon Monoxide in the Atmosphere ( Continuous Measurement by Nondispersive Infrared Spectrometry),'' is impractical as an alternative to EPA Method 10 in this proposed Federal plan because this ASTM standard, which is stated to be applicable in the range of 0.5   100 ppm CO, does not cover the potential range in the plan ( up to 157 ppm). Whereas EPA Method 10 has a range from 20   1000 ppm CO. Also, ASTM D3162 does not provide a procedure to remove carbon dioxide interference. Therefore, this ASTM standard is not appropriate for combustion source conditions. In terms of NDIR instrument performance VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70657 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules specifications, ASTM D3162 has much higher maximum allowable rise and fall times ( 5 minutes) than EPA Method 10 ( which has 30 seconds). However, it should be noted that ASTM D3162 has more quality control requirements than EPA Method 10 in terms of instrument calibration procedures, span gas cylinder validation procedures, and operational checks. The standard ASTM E1979   98 ( 1998), `` Standard Practice for Ultrasonic Extraction of Paint, Dust, Soil, and Air Samples for Subsequent Determination of Lead,'' is impractical as an alternative to EPA Method 29 in this proposed Federal plan. This ASTM standard does not require the use of hydrogen fluoride ( HF) as in EPA Method 29 and, therefore, it cannot be used for the preparation, digestion, and analysis of Method 29 samples. Additionally, Method 29 requires the use of a glass fiber filter, whereas this ASTM standard requires cellulose filters and other probable nonglass fiber media which cannot be considered equivalent to EPA Method 29. The European standard EN 1911   1,2,3 ( 1998), `` Stationary Source Emissions   Manual Method of Determination of HCl   Part 1: Sampling of Gases Ratified European Text   Part 2: Gaseous Compounds Absorption Ratified European Text   Part 3: Adsorption Solutions Analysis and Calculation Ratified European Text,'' is impractical as an alternative to EPA Method 26A. Part 3 of this standard cannot be considered equivalent to EPA Method 26A because the sample absorbing solution ( water) would be expected to capture both HCl and chlorine gas, if present, without the ability to distinguish between the two. The EPA Method 26A uses an acidified absorbing solution to first separate HCl and chlorine gas so that they can be selectively absorbed, analyzed, and reported separately. In addition, in EN 1911 the absorption efficiency for chlorine gas would be expected to vary as the pH of the water changed during sampling. The following ten methods are impractical alternatives to EPA test methods for the purposes of this plan because they are too general, too broad, or not sufficiently detailed to assure compliance with EPA regulatory requirements: ASTM D3154   91 ( 1995), `` Standard Method for Average Velocity in a Duct ( Pitot Tube Method),'' for EPA Methods 1 and 3B; ASTM D5835   95, `` Standard Practice for Sampling Stationary Source Emissions, for Automated Determination of Gas Concentration,'' for EPA Method 3A; ISO 10396: 1993, `` Stationary Source Emissions: Sampling for the Automated Determination of Gas Concentrations,'' for EPA Method 3A; CAN/ CSA Z223.2   M86( 1986), `` Method for the Continuous Measurement of Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of Nitrogen in Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A; ASME C00031 or PTC 19   10   1981   Part 10, `` Flue and Exhaust Gas Analyses,'' for EPA Methods 6 and 7; ASTM D1608   98, `` Test Method for Oxides of Nitrogen in Gaseous Combustion Products ( Pheno Disulfonic Acid Procedures),'' for EPA Method 7; ISO 7934: 1998, `` Stationary Source Emissions   Determination of the Mass Concentration of Sulfur Dioxide   Hydrogen Peroxide/ Barium Perchlorate/ Thorin Method,'' for EPA Method 6; ISO 11564: 1998, `` Stationary Source Emissions   Determination of the Mass Concentration of Nitrogen Oxides   NEDA ( naphthylethylenediamine)/ Photometric Method,'' for EPA Methods 7 and 7C; CAN/ CSA Z223.21   M1978, `` Method for the Measurement of Carbon Monoxide: 3   Method of Analysis by Non Dispersive Infrared Spectrometry,'' for EPA Methods 10 and 10A; and European Committee for Standardization ( CEN) EN 1948   3 ( 1997), `` Determination of the Mass Concentration of PCDD'S/ PCDF'S   Part 3: Identification and Quantification,'' for EPA Method 23. The following seven methods are impractical alternatives to EPA test methods for the purposes of this Federal plan because they lacked sufficient quality assurance and quality control requirements necessary for EPA compliance assurance requirements: ASME PTC   38   80 R85 or C00049, `` Determination of the Concentration of Particulate Matter in Gas Streams,'' for EPA Method 5; ASTM D3685/ D3685M   98, `` Test Methods for Sampling and Determination of Particulate Matter in Stack Gases,'' for EPA Method 5; ISO 9096: 1992, `` Determination of Concentration and Mass Flow Rate of Particulate Matter in Gas Carrying Ducts   Manual Gravimetric Method,'' for EPA Method 5; CAN/ CSA Z223.1   M1977, `` Method for the Determination of Particulate Mass Flows in Enclosed Gas Streams,'' for EPA Method 5; ISO 11632: 1998, `` Stationary Source Emissions   Determination of the Mass Concentration of Sulfur Dioxide   Ion Chromatography,'' for EPA Method 6; CAN/ CSA Z223.24   M1983, `` Method for the Measurement of Nitric Oxide and Nitrogen Dioxide in Air,'' for EPA Method 7; and CAN/ CSA Z223.26   M1987, `` Measurement of Total Mercury in Air Cold Vapour Atomic Absorption Spectrophotometeric Method,'' for EPA Method 29. The following four of the 24 voluntary consensus standards identified in this search were not available at the time the review was conducted for the purposes of this proposed plan because they are under development by a voluntary consensus body: ISO/ DIS 12039, `` Stationary Source Emissions   Determination of Carbon Monoxide, Carbon Dioxide, and Oxygen   Automated Methods,'' for EPA Method 3A; ASTM Z6449Z, `` Standard Method for the Determination of Sulfur Dioxide in Stationary Sources,'' for EPA Method 6; ASTM Z6590Z, `` Manual Method for Both Speciated and Elemental Mercury,'' for EPA Method 29 ( portion for mercury only); prEN 13211 ( 1998), `` Air Quality   Stationary Source Emissions   Determination of the Concentration of Total Mercury,'' for EPA Method 29 ( portion for mercury only). While EPA is not proposing to include these four voluntary consensus standards in today's proposed plan, the EPA will consider the standards when final. The EPA takes comment on the compliance demonstration requirements proposed in this Federal plan and specifically invites the public to identify potentially applicable voluntary consensus standards. Commenters should also explain why this plan should adopt these voluntary consensus standards in lieu of or in addition to EPA's standards. Emission test methods submitted for evaluation should be accompanied with a basis for the recommendation, including method validation data and the procedure used to validate the candidate method ( if a method other than Method 301, 40 CFR part 63, Appendix A was used). Table 1 of proposed Subpart III lists the EPA testing methods included in the emission Federal Plan Requirements for Commercial and Industrial Solid Waste Incinerators. Under 40 CFR 63.8( f) of subpart A of the General Provisions, a source may apply to EPA for permission to use alternative monitoring in place of any of the EPA testing methods.

List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Carbon monoxide, Metals, Nitrogen dioxide, Particulate matter, Sulfur oxides, Waste treatment and disposal.

Dated: November 6, 2002. Christine Todd Whitman, Administrator.

40 CFR part 62 is proposed to be amended as follows:

VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70658 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules PART 62   [ AMENDED]

1. The authority citation for part 62 continues to read as follows:

Authority: 42 U. S. C. 7401   7671q.

2. Amend § 62.13 by adding paragraph ( d) to read as follows:

§ 62.13 Federal plans.

* * * * * ( d) The substantive requirements of the Commercial and industrial solid waste incineration units Federal plan are contained in subpart III of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements. 3. Amend part 62 by adding subpart III to read as follows:

Subpart III   Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction on or Before November 30, 1999 Introduction Sec. 62.14500 What is the purpose of this subpart? 62.14505 What are the principal components of this subpart?

Applicability 62.14510 Am I subject to this subpart? 62.14515 Can my CISWI unit be covered by both a State plan and this subpart? 62.14520 How do I determine if my CISWI unit is covered by an approved and effective State or Tribal plan? 62.14521 If my CISWI unit is not listed in the Federal plan inventory, am I exempt from this subpart? 62.14525 Can my combustion unit be exempt from this subpart? 62.14530 What if I have a chemical recovery unit that is not listed in § 62.14525( n)? 62.14531 When must I submit any records required pursuant to an exemption allowed under § 62.14525?

Compliance Schedule and Increments of Progress 62.14535 When must I comply with this subpart if I plan to continue operation of my CISWI unit? 62.14536 What steps are required to request an extension of the initial compliance date if I plan to continue operation of my CISWI unit? 62.14540 When must I complete each increment of progress? 62.14545 What must I include in each notification of achievement of an increment of progress? 62.14550 When must I submit a notification of achievement of the first increment of progress? 62.14555 What if I do not meet an increment of progress? 62.14560 How do I comply with the increment of progress for submittal of a control plan? 62.14565 How do I comply with the increment of progress for achieving final compliance? § 62.14570 What must I do if I plan to permanently close my CISWI unit? § 62.14575 What must I do if I close my CISWI unit and then restart it?

Waste Management Plan 62.14580 What is a waste management plan? 62.14585 When must I submit my waste management plan? 62.14590 What should I include in my waste management plan?

Operator Training and Qualification 62.14595 What are the operator training and qualification requirements? 62.14600 When must the operator training course be completed? 62.14605 How do I obtain my operator qualification? 62.14610 How do I maintain my operator qualification? 62.14615 How do I renew my lapsed operator qualification? 62.14620 What site specific documentation is required? 62.14625 What if all the qualified operators are temporarily not accessible?

Emission Limitations and Operating Limits 62.14630 What emission limitations must I meet and by when? 62.14635 What operating limits must I meet and by when? 62.14536 What steps are required to request an extension of the initial compliance date if I plan to continue operation of my CISWI unit? 62.14640 What if I do not use a wet scrubber to comply with the emission limitations? 62.14645 What happens during periods of startup, shutdown, and malfunction?

Performance Testing 62.14650 How do I conduct the initial and annual performance test? 62.14655 How are the performance test data used?

Initial Compliance Requirements 62.14660 How do I demonstrate initial compliance with the emission limitations and establish the operating limits? 62.14665 By what date must I conduct the initial performance test?

Continuous Compliance Requirements 62.14670 How do I demonstrate continuous compliance with the emission limitations and the operating limits? 62.14675 By what date must I conduct the annual performance test? 62.14680 May I conduct performance testing less often? 62.14685 May I conduct a repeat performance test to establish new operating limits? Monitoring 62.14690 What monitoring equipment must I install and what parameters must I monitor? 62.14695 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting 62.14700 What records must I keep? 62.14705 Where and in what format must I keep my records? 62.14710 What reports must I submit? 62.14715 When must I submit my waste management plan? 62.14720 What information must I submit following my initial performance test? 62.14725 When must I submit my annual report? 62.14730 What information must I include in my annual report? 62.14735 What else must I report if I have a deviation from the operating limits or the emission limitations? 62.14740 What must I include in the deviation report? 62.14745 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? 62.14750 Are there any other notifications or reports that I must submit? 62.14755 In what form can I submit my reports? 62.14760 Can reporting dates be changed?

Air Curtain Incinerators that Burn 100 Percent Wood Wastes and Clean Lumber 62.14765 What is an air curtain incinerator? 62.14770 When must I achieve final compliance? 62.14795 How do I achieve final compliance? 62.14805 What must I do if I close my air curtain incinerator and then restart it? 62.14810 What must I do if I plan to permanently close my air curtain incinerator and not restart it? 62.14815 What are the emission limitations for air curtain incinerators that burn 100 percent wood wastes and clean lumber? 62.14820 How must I monitor opacity for air curtain incinerators that burn 100 percent wood wastes and clean lumber? 62.14825 What are the recordkeeping and reporting requirements for air curtain incinerators that burn 100 percent wood wastes and clean lumber?

Title V Requirements 62.14830 Does this subpart require me to obtain an operating permit under title V of the Clean Air Act? 62.14835 When must I submit a title V permit application for my existing CISWI unit?

Definitions 62.14840 What definitions must I know?

Tables Table 1 of Subpart III of Part 62   Emission Limitations Table 2 of Subpart III of Part 62   Operating Limits for Wet Scrubbers Table 3 of Subpart III of Part 62   Toxic Equivalency Factors Table 4 of Subpart III of Part 62   Summary of Reporting Requirements VerDate 0ct< 31> 2002 18: 40 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70659 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules Introduction § 62.14500 What is the purpose of this subpart?

( a) This subpart establishes emission requirements and compliance schedules for the control of emissions from commercial and industrial solid waste incineration ( CISWI) units that are not covered by an EPA approved and currently effective State or Tribal plan. The pollutants addressed by these emission requirements are listed in Table 1 of this subpart. These emission requirements are developed in accordance with sections 111( d) and 129 of the Clean Air Act and subpart B of 40 CFR part 60. ( b) In this subpart, you means the owner or operator of a CISWI unit.

§ 62.14505 What are the principal components of this subpart?

This subpart contains the eleven major components listed in paragraphs ( a) through ( k) of this section. ( a) Increments of progress toward compliance. ( b) Waste management plan. ( c) Operator training and qualification. ( d) Emission limitations and operating limits. ( e) Performance testing. ( f) Initial compliance requirements. ( g) Continuous compliance requirements. ( h) Monitoring. ( i) Recordkeeping and reporting. ( j) Definitions. ( k) Tables.

Applicability § 62.14510 Am I subject to this subpart?

( a) You are subject to this subpart if you own or operate a commercial and industrial solid waste incinerator ( CISWI) unit as defined in § 62.14840 and the CISWI unit meets the criteria described in paragraphs ( a)( 1) through ( a)( 3) of this section. ( 1) Construction of your CISWI unit commenced on or before November 30, 1999. ( 2) Your CISWI unit is not exempt under § 62.14525. ( 3) Your CISWI unit is not regulated by an EPA approved and currently effective State or Tribal plan, or your CISWI unit is located in any State whose approved State or Tribal plan is subsequently vacated in whole or in part. ( b) If you made changes after June 1, 2001 that meet the definition of modification or reconstruction after promulgation of the final 40 CFR part 60, subpart CCCC ( New Source Performance Standards for Commercial and Industrial Solid Waste Incineration Units), your CISWI unit is subject to subpart CCCC of 40 CFR part 60 and this subpart no longer applies to that unit. ( c) If you make physical or operational changes to your existing CISWI unit primarily to comply with this subpart, then such changes do not qualify as modifications or reconstructions under subpart CCCC of 40 CFR part 60.

§ 62.14515 Can my CISWI unit be covered by both a State plan and this subpart? ( a) If your CISWI unit is located in a State that does not have an EPAapproved State plan or your State's plan has not become effective, this subpart applies to your CISWI unit until EPA approves a State plan that covers your CISWI unit and that State plan becomes effective. However, a State may enforce the requirements of a State regulation while your CISWI unit is still subject to this subpart. ( b) After the EPA approves a State plan covering your CISWI unit, and after that State plan becomes effective, you will no longer be subject to this subpart and will only be subject to the approved and effective State plan.

§ 62.14520 How do I determine if my CISWI unit is covered by an approved and effective State or Tribal plan? This part ( 40 CFR part 62) contains a list of State and Tribal areas with approved Clean Air Act section 111( d) and section 129 plans along with the effective dates for such plans. The list is published annually. If this part does not indicate that your State or Tribal area has an approved and effective plan, you should contact your State environmental agency's air director or your EPA Regional Office to determine if EPA has approved a State plan covering your unit since publication of the most recent version of this subpart.

§ 62.14521 If my CISWI unit is not listed in the Federal plan inventory, am I exempt from this subpart? Not necessarily. Sources subject to this subpart are not limited to the inventory of sources listed in Docket A   2000   52 for the Federal plan. If your CISWI units meets the applicability criteria in § 62.14510, this subpart applies to you whether or not your unit is listed in the Federal plan inventory in the docket.

§ 62.14525 Can my combustion unit be exempt from this subpart? This subpart exempts fifteen types of units described in paragraphs ( a) through ( o) of this section except for the requirements specified in this section and in § 62.14531. ( a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight ( on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low level radioactive waste, and/ or chemotherapeutic waste as defined in § 62.14840 are not subject to this subpart if you meet the two requirements specified in paragraphs ( a)( 1) and ( 2) of this section. ( 1) Notify the Administrator that the unit meets these criteria. ( 2) Keep records on a calendar quarter basis of the weight of pathological waste, low level radioactive waste, and/ or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. ( b) Agricultural waste incineration units. Incineration units burning 90 percent or more by weight ( on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in § 62.14840 are not subject to this subpart if you meet the two requirements specified in paragraphs ( b)( 1) and ( 2) of this section. ( 1) Notify the Administrator that the unit meets these criteria. ( 2) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit. ( c) Municipal waste combustion units. Incineration units that meet either of the two criteria specified in paragraphs ( c)( 1) or ( 2) of this section. ( 1) Units that are regulated under subpart Ea of 40 CFR part 60 ( Standards of Performance for Municipal Waste Combustors); subpart Eb of 40 CFR part 60 ( Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); subpart Cb of 40 CFR part 60 ( Emission Guidelines and Compliance Times for Large Municipal Waste Combustors Constructed on or Before September 20, 1994); subpart AAAA of 40 CFR part 60 ( Standards of Performance for New Stationary Sources: Small Municipal Waste Combustion Units); or subpart BBBB of 40 CFR part 60 ( Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units). ( 2) Units that burn greater than 30 percent municipal solid waste or refusederived fuel, as defined in 40 CFR part 60 subpart Ea, subpart Eb, subpart AAAA, and subpart BBBB, and that have the capacity to burn less than 35 tons ( 32 megagrams) per day of municipal solid waste or refuse derived fuel, if you meet the two requirements VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70660 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules in paragraphs ( c)( 2)( i) and ( ii) of this section. ( i) Notify the Administrator that the unit meets these criteria. ( ii) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit. ( d) Medical waste incineration units. Incineration units regulated under subpart Ec of 40 CFR part 60 ( Standards of Performance for Hospital/ Medical/ Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce ( Emission Guidelines and Compliance Times for Hospital/ Medical/ Infectious Waste Incinerators); and 40 CFR part 62 subpart HHH ( Federal Plan Requirements for Hospital/ Medical/ Infectious Waste Incinerators Constructed on or before June 20, 1996). ( e) Small power production facilities. Units that meet the three requirements specified in paragraphs ( e)( 1) through ( 3) of this section. ( 1) The unit qualifies as a small power production facility under section 3( 17)( C) of the Federal Power Act ( 16 U. S. C. 796( 17)( C)). ( 2) The unit burns homogeneous waste ( not including refuse derived fuel) to produce electricity. ( 3) You notify the Administrator that the unit meets all of these criteria. ( f) Cogeneration facilities. Units that meet the three requirements specified in paragraphs ( f)( 1) through ( 3) of this section. ( 1) The unit qualifies as a cogeneration facility under section 3( 18)( B) of the Federal Power Act ( 16 U. S. C. 796( 18)( B)). ( 2) The unit burns homogeneous waste ( not including refuse derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes. ( 3) You notify the Administrator that the unit meets all of these criteria. ( g) Hazardous waste combustion units. Units regulated under subpart EEE of part 63 ( National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors). ( h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. ( i) Air curtain incinerators. Air curtain incinerators that burn 100 percent wood waste and clean lumber are only required to meet the requirements under `` Air Curtain Incinerators That Burn 100 Percent Wood Wastes and Clean Lumber'' ( § § 62.14765 through 62.14825) and the title V operating permit requirements ( § § 62.14830 and 62.14835). ( j) Cyclonic barrel burners. ( k) Rack, part, and drum reclamation units. ( l) Cement kilns. ( m) Sewage sludge incinerators. Incineration units regulated under subpart O of 40 CFR part 60 ( Standards of Performance for Sewage Treatment Plants). ( n) Chemical recovery units. 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 seven types of units described in paragraphs ( n)( 1) through ( 7) of this section 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/ residues containing catalyst metals which 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. ( o) Laboratory units. Units that burn samples of materials for the purpose of chemical or physical analysis.

§ 62.14530 What if I have a chemical recovery unit that is not listed in § 62.14525( n)?

( a) If you have a recovery unit that is not listed in § 62.14525( n), you can petition the Administrator to add the unit to the list. The petition must contain the six items in paragraphs ( a)( 1) through ( 6) of this section. ( 1) A description of the source of the materials being burned. ( 2) A description of the composition of the materials being burned, highlighting the chemical constituents in these materials that are recovered. ( 3) A description ( including a process flow diagram) of the process in which the materials are burned, highlighting the type, design, and operation of the equipment used in this process.

( 4) A description ( including a process flow diagram) of the chemical constituent recovery process, highlighting the type, design, and operation of the equipment used in this process.

( 5) A description of the commercial markets for the recovered chemical constituents and their use.

( 6) The composition of the recovered chemical constituents and the composition of these chemical constituents as they are bought and sold in commercial markets.

( b) Until the Administrator approves the petition, the incineration unit is covered by this subpart.

( c) If a petition is approved, the Administrator will amend § 62.14525( n) to add the unit to the list of chemical recovery units.

§ 62.14531 When must I submit any records required pursuant to an exemption allowed under § 62.14525?

Owners or operators of sources that qualify for the exemptions in § 62.14525( a) through ( o) must submit any records required to support their claims of exemption to the EPA Administrator ( or delegated enforcement authority) upon request. Upon request by any person under the regulation at part 2 of this chapter ( or a comparable law or regulation governing a delegated enforcement authority), the EPA Administrator ( or delegated enforcement authority) must request the records in § 62.14525( a) through ( o) from an owner or operator and make such records available to the requestor to the extent required by part 2 of this chapter ( or a comparable law governing a delegated enforcement authority). Any records required under § 62.14525( a) through ( o) must be maintained by the source for a period of at least 5 years. Notifications of exemption claims required under § 62.14525( a) through ( o) of this section must be maintained by the EPA or delegated enforcement authority for a period of at least 5 years. Any information obtained from an owner or operator of a source accompanied by a claim of confidentiality will be treated in accordance with the regulations in part 2 of this chapter ( or a comparable law governing a delegated enforcement authority).

VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70661 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules Compliance Schedule and Increments of Progress § 62.14535 When must I comply with this subpart if I plan to continue operation of my CISWI unit?

If you plan to continue operation of your CISWI unit, then you must follow the requirements in paragraph ( a) or ( b) of this section depending on when you plan to come into compliance with the requirements of this subpart. ( a) If you plan to continue operation and come into compliance with the requirements of this subpart by the date one year after promulgation of the CISWI Federal plan in the Federal Register, then you must complete the requirements of paragraphs ( a)( 1) through ( a)( 5) of this section. ( 1) You must comply with the operator training and qualification requirements and inspection requirements ( if applicable) of this subpart by the date one year after promulgation of the CISWI Federal plan in the Federal Register. ( 2) You must submit a waste management plan no later than the date six months after promulgation of the CISWI Federal plan in the Federal Register. ( 3) You must achieve final compliance by the date one year after promulgation of the CISWI Federal plan in the Federal Register. To achieve final compliance, you must incorporate all process changes and complete retrofit construction of control devices, as specified in the final control plan, so that, if the affected CISWI unit is brought online, all necessary process changes and air pollution control devices would operate as designed. ( 4) You must conduct the initial performance test within 90 days after the date when you are required to achieve final compliance under paragraph ( a)( 3) of this section. ( 5) You must submit an initial report including the results of the initial performance test no later than 60 days following the initial performance test ( see § § 62.14700 through 62.14760 for complete reporting and recordkeeping requirements). ( b) If you plan to continue operation and come into compliance with the requirements of this subpart after the date one year after promulgation of the CISWI Federal plan in the Federal Register, but before the date two years after promulgation of the CISWI Federal plan in the Federal Register, you must petition for and be granted an extension of the final compliance date specified § 62.14535( a)( 3) by meeting the requirements of § 62.14536 and you must meet the requirements for increments of progress specified in § 62.14540 through § 62.14565. To achieve the final compliance increment of progress, you must complete the requirements of paragraphs ( b)( 1) through ( b)( 5) of this section. ( 1) You must comply with the operator training and qualification requirements and inspection requirements ( if applicable) of this subpart by the date one year after promulgation of the CISWI Federal plan in the Federal Register. ( 2) You must submit a waste management plan no later than the date six months after promulgation of the CISWI Federal plan in the Federal Register. ( 3) You must achieve final compliance by the date two years after promulgation of the CISWI Federal plan in the Federal Register. For the final compliance increment of progress, you must incorporate all process changes and complete retrofit construction of control devices, as specified in the final control plan, so that, when the affected CISWI unit is brought online, all necessary process changes and air pollution control devices operate as designed. ( 4) You must conduct the initial performance test within 90 days after the date when you are required to achieve final compliance under paragraph ( b)( 3) of this section. ( 5) You must submit an initial report including the result of the initial performance no later than 60 days following the initial performance test ( see § § 62.14700 through 62.14760 for complete reporting and recordkeeping requirements).

§ 62.14536 What steps are required to request an extension of the initial compliance date if I plan to continue operation of my CISWI unit?

If you plan to continue operation and want to come into compliance with the requirements of this subpart after the date one year after promulgation of the CISWI Federal plan in the Federal Register, but before the date two years after promulgation of the CISWI Federal plan in the Federal Register, then you must petition to the Administrator to grant you an extension by following the procedures outlined in paragraphs ( a) and ( b) of this section. ( a) You must submit your request for an extension to the EPA Administrator ( or delegated enforcement authority) on or before the date two months after promulgation of the CISWI Federal plan in the Federal Register. ( b) Your request must include documentation of the analyses undertaken to support your need for an extension, including an explanation of why you are unable to meet the final compliance date specified in § 62.14535( a)( 3) and why your requested extension date is needed to provide sufficient time for you to design, fabricate, and install the emissions control systems necessary to meet the requirements of this subpart. A request based upon the avoidance of costs of meeting provisions of this Subpart is not acceptable and will be denied.

§ 62.14540 When must I complete each increment of progress?

If you plan to come into compliance after the date one year after promulgation of the CISWI Federal plan in the Federal Register, you must meet the two increments of progress specified in paragraphs ( a) and ( b) of this section. ( a) Increment 1. Submit a final control plan by the date 6 months after promulgation of the CISWI Federal plan in the Federal Register. ( b) Increment 2. Reach final compliance by the date 2 years after promulgation of the CISWI Federal plan in the Federal Register.

§ 62.14545 What must I include in each notification of achievement of an increment of progress?

Your notification of achievement of an increment of progress must include the four items specified in paragraphs ( a) through ( d) of this section. ( a) Notification of the date that the increment of progress has been achieved. ( b) Any items required to be submitted with each increment of progress. ( c) Signature of the owner or operator of the CISWI unit. ( d) The date you were required to complete the increment of progress.

§ 62.14550 When must I submit a notification of achievement of the first increment of progress?

Your notification for achieving the first increment of progress must be postmarked no later the date ten days after the date that is six months from the date of promulgation of the CISWI Federal plan in the Federal Register.

§ 62.14555 What if I do not meet an increment of progress?

Failure to meet an increment of progress is a violation of the standards under this subpart. If you fail to meet an increment of progress, you must submit a notification to the Administrator postmarked within 10 business days after the due date for that increment of progress. You must inform the Administrator that you did not meet the increment, and you must continue to VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70662 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules submit reports each subsequent calendar month until the increment of progress is met.

§ 62.14560 How do I comply with the increment of progress for submittal of a control plan? For your control plan increment of progress, you must satisfy the two requirements specified in paragraphs ( a) and ( b) of this section. ( a) Submit the final control plan that includes the six items described in paragraphs ( a)( 1) through ( 6) of this section. ( 1) A description of the devices for air pollution control and process changes that you will use to comply with the emission limitations and other requirements of this subpart. ( 2) The type( s) of waste to be burned. ( 3) The maximum design waste burning capacity. ( 4) The anticipated maximum charge rate. ( 5) If applicable, the petition for sitespecific operating limits under § 62.14640. ( 6) A schedule that includes the date by which you will award the contracts to procure emission control equipment or related materials, initiate on site construction, initiate on site installation of emission control equipment, and/ or incorporate process changes, and the date by which you will initiate on site construction. ( b) Maintain an onsite copy of the final control plan. § 62.14565 How do I comply with the increment of progress for achieving final compliance? For the final compliance increment of progress, you must incorporate all process changes and complete retrofit construction of control devices, as specified in the final control plan, so that, when the affected CISWI unit is brought online, all necessary process changes and air pollution control devices operate as designed.

§ 62.14570 What must I do if I plan to permanently close my CISWI unit? If you plan to permanently close your CISWI unit, then you must follow the requirements in either paragraph ( a) or ( b) of this section depending on when you plan to shut down. ( a) If you plan to shut down by the date one year after promulgation of the CISWI Federal plan in the Federal Register, rather that come into compliance with the complete set of requirements in this subpart, then you must shut down by the date one year after promulgation of the CISWI Federal plan in the Federal Register. You must meet the title V operating permit requirements of § § 62.14830 and 62.14835 regardless of when you shut down. ( b) If you plan to shut down rather than come into compliance with the complete set of requirements of this subpart, but are unable to shut down by the date one year after promulgation of the CISWI Federal plan in the Federal Register, then you must petition EPA for and be granted an extension by following the procedures outlined in paragraphs ( b)( 1) through ( 5) of this section. ( 1) You must submit your request for an extension to the EPA Administrator ( or delegated enforcement authority) by the date two months after promulgation of the CISWI Federal plan in the Federal Register. Your request must include: ( i) Documentation of the analyses undertaken to support your need for an extension, including an explanation of why your requested extension date is sufficient time for you to shut down while the date one year after promulgation of the CISWI Federal plan in the Federal Register does not provide sufficient time for shut down. A request based upon the avoidance of costs of meeting provisions of this Subpart is not acceptable and will be denied. Your documentation must include an evaluation of the option to transport your waste offsite to a commercial or municipal waste treatment and/ or disposal facility on a temporary or permanent basis; and ( ii) Documentation of incremental steps of progress, including dates for completing the increments of progress, that you will take towards shutting down. Some suggested incremental steps of progress towards shut down are provided as follows:

If you . . . then your increments of progress could be . . .

( A) Need an extension so you can install on onsite alternative waste treatment technology before you shut down your CISWI. ( 1) Date when you will enter into a contract with an alternative treatment technology vendor, ( 2) Date for initiating onsite construction or installation of the alternative technology, ( 3) Date for completing onsite construction or installation of the alternative technology and ( 4) Date for shutting down the CISWI. ( B) Need an extension so you can acquire the services of a commercial waste disposal company before you shut down your CISWI. ( 1) Date when price quotes will be obtained from commercial disposal companies, ( 2) Date when you will enter into a contract with a commercial disposal company, and ( 3) Date for shutting down the CISWI.

( 2) You must shut down no later than by the date two years after promulgation of the CISWI Federal plan in the Federal Register. ( 3) You must comply with the operator training and qualification requirements and inspection requirements ( if applicable) of this subpart by the date one year after promulgation of the CISWI Federal plan in the Federal Register. ( 4) You must submit a legally binding closure agreement to the Administrator by the date six months after promulgation of the CISWI Federal plan in the Federal Register. The closure agreement must specify the date by which operation will cease. The closure date cannot be later than the date 2 years after promulgation of the CISWI Federal plan in the Federal Register. ( 5) You must meet the title V operating permit requirements of § § 62.14830 and 62.14835 regardless of when you shut down.

§ 62.14575 What must I do if I close my CISWI unit and then restart it?

If you temporarily close your CISWI unit and restart the unit for the purpose of continuing operation of your CISWI unit, then you must follow the requirements in paragraphs ( a), ( b), or ( c) of this section depending on when you plan to come into compliance with the requirements of this subpart. You must meet the title V operating permit requirements of § § 62.14830 and 62.14835 at the time you restart your CISWI unit. ( a) If you plan to continue operation and come into compliance with the requirements of this subpart by the by the date one year after promulgation of the CISWI Federal plan in the Federal Register, then you must complete the requirements of § 62.14535( a).

VerDate 0ct< 31> 2002 18: 40 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70663 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules ( b) If you plan to continue operation and come into compliance with the requirements of this subpart on or before the date two years after promulgation of the CISWI Federal plan in the Federal Register, then you must complete the requirements § 62.14535( b). You must have first requested and been granted an extension from the initial compliance date by following the requirements of § 62.14536. ( c) If you restart your CISWI unit after the date one year after promulgation of the CISWI Federal plan in the Federal Register and resume operation, but have not previously requested an extension by meeting all of the requirements of § 62.14536, you must meet all of the requirements of § 62.14535( a)( 1) through ( a)( 5) at the time you restart your CISWI unit. Upon restarting your CISWI unit, you must have incorporated all process changes and completed retrofit construction of control devices so that when the affected CISWI unit is brought online, all necessary process changes and air pollution control devices operate as designed.

Waste Management Plan § 62.14580 What is a waste management plan?

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

§ 62.14585 When must I submit my waste management plan?

You must submit a waste management plan no later than the date six months after promulgation of the CISWI Federal plan in the Federal Register.

§ 62.14590 What should I include in my waste management plan?

A waste management plan must include consideration of the reduction or separation of waste stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan must identify any additional waste management measures, and the source must implement those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have. Operator Training and Qualification § 62.14595 What are the operator training and qualification requirements? ( a) You must have a fully trained and qualified CISWI unit operator accessible at all times when the unit is in operation, either at your facility or able to be at your facility within one hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you must follow the procedures in § 62.14625. ( b) Operator training and qualification must be obtained through a Stateapproved program or by completing the requirements included in paragraph ( c) of this section. ( c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs ( c)( 1) through ( 3) of this section. ( 1) Training on the thirteen subjects listed in paragraphs ( c)( 1)( i) through ( xiii) of this section. ( i) Environmental concerns, including types of emissions. ( ii) Basic combustion principles, including products of combustion. ( iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures. ( iv) Combustion controls and monitoring. ( v) Operation of air pollution control equipment and factors affecting performance ( where applicable). ( vi) Inspection and maintenance of the incinerator and air pollution control devices. ( vii) Actions to correct malfunctions or conditions that may lead to malfunction. ( viii) Bottom and fly ash characteristics and handling procedures. ( ix) Applicable Federal, State, and local regulations, including Occupational Safety and Health Administration workplace standards. ( x) Pollution prevention. ( xi) Waste management practices. ( xii) Recordkeeping requirements. ( xiii) Methods to continuously monitor CISWI unit and air pollution control device operating parameters and monitoring equipment calibration procedures ( where applicable). ( 2) An examination designed and administered by the instructor. ( 3) Written material covering the training course topics that can serve as reference material following completion of the course. § 62.14600 When must the operator training course be completed?

( a) The operator training course must be completed by the later of the two dates specified in paragraphs ( a)( 1) and ( 2) of this section. ( 1) The date one year after promulgation of the CISWI Federal plan in the Federal Register. ( 2) Six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit. ( b) You must follow the requirements in § 63.14625 if all qualified operators are temporarily not accessible.

§ 62.14605 How do I obtain my operator qualification?

( a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 62.14595( b) or ( c). ( b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 62.14595( c)( 2).

§ 62.14610 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual review or refresher course of at least 4 hours covering, at a minimum, the five topics described in paragraphs ( a) through ( e) of this section. ( a) Update of regulations. ( b) Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling. ( c) Inspection and maintenance. ( d) Responses to malfunctions or conditions that may lead to malfunction. ( e) Discussion of operating problems encountered by attendees.

§ 62.14615 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of the two methods specified in paragraphs ( a) and ( b) of this section. ( a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in § 62.14610. ( b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 62.14605( a).

§ 62.14620 What site specific documentation is required?

( a) Documentation must be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in paragraphs ( a)( 1) through ( 10) of this section. You VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70664 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules must maintain this information and the training records required by paragraph ( c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request. ( 1) Summary of the applicable standards under this subpart. ( 2) Procedures for receiving, handling, and charging waste. ( 3) Incinerator startup, shutdown, and malfunction procedures. ( 4) Procedures for maintaining proper combustion air supply levels. ( 5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart. ( 6) Monitoring procedures for demonstrating compliance with the incinerator operating limits. ( 7) Reporting and recordkeeping procedures. ( 8) The waste management plan required under § § 62.14580 through 62.14590. ( 9) Procedures for handling ash. ( 10) A list of the wastes burned during the performance test. ( b) You must establish a program for reviewing the information listed in paragraph ( a) of this section with each employee who operates your incinerator. ( 1) The initial review of the information listed in paragraph ( a) of this section must be conducted by the later of the two dates specified in paragraphs ( b)( 1)( i) through ( ii) of this section. ( i) The date 1 year after publication of this final rule in the Federal Register. ( ii) Two months after being assigned to operate the CISWI unit. ( 2) Subsequent annual reviews of the information listed in paragraph ( a) of this section must be conducted no later than 12 months following the previous review. ( c) You must also maintain the information specified in paragraphs ( c)( 1) through ( 3) of this section. ( 1) Records showing the names of all plant personnel who operate your CISWI unit who have completed review of the information in § 62.14620( a) as required by § 62.14620( b), including the date of the initial review and all subsequent annual reviews. ( 2) Records showing the names of all plant personnel who operate your CISWI unit who have completed the operator training requirements under § 62.14595, met the criteria for qualification under § 62.14605, and maintained or renewed their qualification under § 62.14610 or § 62.14615. Records must include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications. ( 3) For each qualified operator, the phone and/ or pager number at which they can be reached during operating hours.

§ 62.14625 What if all the qualified operators are temporarily not accessible? If all qualified operators are temporarily not accessible ( i. e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs ( a) and ( b) of this section, depending on the length of time that a qualified operator is not accessible. ( a) When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in § 62.14620( a) within the past 12 months. However, you must record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under § 62.14730. ( b) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in paragraphs ( b)( 1) and ( 2) of this section. ( 1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible. ( 2) Submit a status report to the Administrator every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible and requesting approval from the Administrator to continue operation of the CISWI unit. You must submit the first status report 4 weeks after you notify the Administrator of the deviation under paragraph ( b)( 1) of this section. If the Administrator notifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in paragraphs ( b)( 2)( i) and ( ii) of this section. ( i) A qualified operator is accessible as required under § 62.14595( a). ( ii) You notify the Administrator that a qualified operator is accessible and that you are resuming operation. Emission Limitations and Operating Limits § 62.14630 What emission limitations must I meet and by when? You must meet the emission limitations specified in Table 1 of this subpart by the applicable final compliance date for your CISWI unit.

§ 62.14635 What operating limits must I meet and by when? ( a) If you use a wet scrubber to comply with the emission limitations, you must establish operating limits for four operating parameters ( as specified in table 2 of this subpart) as described in paragraphs ( a)( 1) through ( 4) of this section during the initial performance test. ( 1) Maximum charge rate, calculated using one of the two different procedures in paragraph ( a)( 1)( i) or ( ii), as appropriate. ( i) For continuous and intermittent units, maximum charge rate is 110 percent of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. ( ii) For batch units, maximum charge rate is 110 percent of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. ( 2) Minimum pressure drop across the wet scrubber, which is calculated as 90 percent of the average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as 90 percent of the average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations. ( 3) Minimum scrubber liquor flow rate, which is calculated as 90 percent of the average liquor flow rate at the inlet to the wet scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations. ( 4) Minimum scrubber liquor pH, which is calculated as 90 percent of the average liquor pH at the inlet to the wet scrubber measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitation. ( b) You must meet the operating limits established during the initial performance test on the date the initial performance test is required or completed ( whichever is earlier).

VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70665 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules ( c) If you use a fabric filter to comply with the emission limitations, you must operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during any 6 month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.

§ 62.14640 What if I do not use a wet scrubber to comply with the emission limitations? If you use an air pollution control device other than a wet scrubber, or limit emissions in some other manner, to comply with the emission limitations under § 62.14630, you must petition the Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You must not conduct the initial performance test until after the petition has been approved by the Administrator. Your petition must include the five items listed in paragraphs ( a) through ( e) of this section. ( a) Identification of the specific parameters you propose to use as additional operating limits. ( b) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants. ( c) A discussion of how you will establish the upper and/ or lower values for these parameters which will establish the operating limits on these parameters. ( d) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments. ( e) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.

§ 62.14645 What happens during periods of startup, shutdown, and malfunction?

( a) The emission limitations and operating limits apply at all times except during periods of CISWI unit startup, shutdown, or malfunction as defined in § 62.14840. ( b) Each malfunction must last no longer than three hours. Performance Testing § 62.14650 How do I conduct the initial and annual performance test?

( a) All performance tests must consist of a minimum of three test runs conducted under conditions representative of normal operations. ( b) You must document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned ( as required in § 62.14700( b)( 1)) and the types of waste burned during the performance test. ( c) All performance tests must be conducted using the minimum run duration specified in Table 1 of this subpart. ( d) Method 1 of 40 CFR part 60, Appendix A must be used to select the sampling location and number of traverse points. ( e) Method 3A or 3B of 40 CFR part 60, Appendix A must be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B of 40 CFR part 60, Appendix A must be used simultaneously with each method. ( f) All pollutant concentrations, except for opacity, must be adjusted to 7 percent oxygen using Equation 1 of this section:

C O ( Eq. 1) adj=   ( )   ( ) Cmeas 20 9 7 20 9 2 . / . %

Where: Cadj = pollutant concentration adjusted to 7 percent oxygen; Cmeas = pollutant concentration measured on a dry basis; ( 20.9   7) = 20.9 percent oxygen ¥ 7 percent oxygen ( defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; and % O2 = oxygen concentration measured on a dry basis, percent. ( g) You must determine dioxins/ furans toxic equivalency by following the procedures in paragraphs ( g)( 1) through ( 3) of this section. ( 1) Measure the concentration of each dioxin/ furan tetra through octacongener emitted using EPA Method 23. ( 2) For each dioxin/ furan congener measured in accordance with paragraph ( g)( 1) of this section, multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 3 of this subpart. ( 3) Sum the products calculated in accordance with paragraph ( g)( 2) of this section to obtain the total concentration of dioxins/ furans emitted in terms of toxic equivalency.

§ 62.14655 How are the performance test data used?

You use results of performance tests to demonstrate compliance with the emission limitations in Table 1 of this subpart.

Initial Compliance Requirements § 62.14660 How do I demonstrate initial compliance with the emission limitations and establish the operating limits?

You must conduct an initial performance test, as required under 40 CFR 60.8, to determine compliance with the emission limitations in Table 1 of this subpart and to establish operating limits using the procedure in § 62.14635 or § 62.14640. The initial performance test must be conducted using the test methods listed in Table 1 of this subpart and the procedures in § 62.14650. § 62.14665 By what date must I conduct the initial performance test? The initial performance test must be conducted no later than 90 days after your final compliance date.

Continuous Compliance Requirements § 62.14670 How do I demonstrate continuous compliance with the emission limitations and the operating limits? ( a) You must conduct an annual performance test for particulate matter, hydrogen chloride, and opacity for each CISWI unit as required under 40 CFR 60.8 to determine compliance with the emission limitations. The annual performance test must be conducted using the test methods listed in Table 1 of this subpart and the procedures in § 62.14650. ( b) You must continuously monitor the operating parameters specified in § 62.14635 or established under § 62.14640. Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 EP25NO02.000</ MATH> 70666 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules established operating limits. Three hour rolling average values are used to determine compliance ( except for baghouse leak detection system alarms) unless a different averaging period is established under § 62.14640. Operating limits do not apply during performance tests. ( c) You must only burn the same types of waste used to establish operating limits during the performance test.

§ 62.14675 By what date must I conduct the annual performance test?

You must conduct annual performance tests for particulate matter, hydrogen chloride, and opacity within 12 months following the initial performance test. Conduct subsequent annual performance tests within 12 months following the previous one.

§ 62.14680 May I conduct performance testing less often?

( a) You can test less often for a given pollutant if you have test data for at least 3 years, and all performance tests for the pollutant ( particulate matter, hydrogen chloride, or opacity) over 3 consecutive years show that you comply with the emission limitation. In this case, you do not have to conduct a performance test for that pollutant for the next 2 years. You must conduct a performance test during the third year and no later than 36 months following the previous performance test. ( b) If your CISWI unit continues to meet the emission limitation for particulate matter, hydrogen chloride, or opacity, you may choose to conduct performance tests for these pollutants every third year, but each test must be within 36 months of the previous performance test. ( c) If a performance test shows a deviation from an emission limitation for particulate matter, hydrogen chloride, or opacity, you must conduct annual performance tests for that pollutant until all performance tests over a 3 year period show compliance.

§ 62.14685 May I conduct a repeat performance test to establish new operating limits?

( a) Yes. You may conduct a repeat performance test at any time to establish new values for the operating limits. The Administrator may request a repeat performance test at any time. ( b) You must repeat the performance test if your feed stream is different than the feed streams used during any performance test used to demonstrate compliance. Monitoring § 62.14690 What monitoring equipment must I install and what parameters must I monitor?

( a) If you are using a wet scrubber to comply with the emission limitation under § 62.14630, you must install, calibrate ( to manufacturers' specifications), maintain, and operate devices ( or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in Table 2 of this subpart. These devices ( or methods) must measure and record the values for these operating parameters at the frequencies indicated in Table 2 of this subpart at all times except as specified in § 62.14695( a). ( b) If you use a fabric filter 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 ( b)( 1) through ( 8) of this section. ( 1) You must install and operate a bag leak detection system for each exhaust stack of the fabric filter. ( 2) Each bag leak detection system must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations. ( 3) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less. ( 4) The bag leak detection system sensor must provide output of relative or absolute particulate matter loadings. ( 5) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor. ( 6) The bag leak detection system must be equipped with an alarm system that will sound automatically when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located where it is easily heard by plant operating personnel. ( 7) For positive pressure fabric filter systems, a bag leak detection system must be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter. ( 8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. ( c) If you are using something other than a wet scrubber to comply with the emission limitations under § 62.14630, 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 § 62.14640.

§ 62.14695 Is there a minimum amount of monitoring data I must obtain? ( a) Except for monitoring malfunctions, associated repairs, and required quality assurance or quality control activities ( including, as applicable, calibration checks and required zero and span adjustments of the monitoring system), you must conduct all monitoring at all times the CISWI unit is operating. ( b) Do not use data recorded during monitor malfunctions, associated repairs, and required quality assurance or quality control activities for meeting the requirements of this subpart, including data averages and calculations. You must use all the data collected during all other periods in assessing compliance with the operating limits.

Recordkeeping and Reporting § 62.14700 What records must I keep? You must maintain the 13 items ( as applicable) as specified in paragraphs ( a) through ( m) of this section for a period of at least 5 years: ( a) Calendar date of each record. ( b) Records of the data described in paragraphs ( b)( 1) through ( 6) of this section: ( 1) The CISWI unit charge dates, times, weights, and hourly charge rates. ( 2) Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable. ( 3) Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable. ( 4) Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable. ( 5) For affected CISWI units that establish operating limits for controls other than wet scrubbers under § 62.14640, you must maintain data collected for all operating parameters used to determine compliance with the operating limits. ( 6) If a fabric filter is used to comply with the emission limitations, you must record the date, time, and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. You must also record the percent of VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70667 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules operating time during each 6 month period that the alarm sounds, calculated as specified in § 62.14635( c). ( c) Identification of calendar dates and times for which monitoring systems used to monitor operating limits were inoperative, inactive, malfunctioning, or out of control ( except for downtime associated with zero and span and other routine calibration checks). Identify the operating parameters not measured, the duration, reasons for not obtaining the data, and a description of corrective actions taken. ( d) Identification of calendar dates, times, and durations of malfunctions, and a description of the malfunction and the corrective action taken. ( e) Identification of calendar dates and times for which data show a deviation from the operating limits in table 2 of this subpart or a deviation from other operating limits established under § 62.14640 with a description of the deviations, reasons for such deviations, and a description of corrective actions taken. ( f) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/ or to establish operating limits, as applicable. Retain a copy of the complete test report including calculations. ( g) Records showing the names of CISWI unit operators who have completed review of the information in § 62.14620( a) as required by § 62.14620( b), including the date of the initial review and all subsequent annual reviews. ( h) Records showing the names of the CISWI operators who have completed the operator training requirements under § 62.14595, met the criteria for qualification under § 62.14605, and maintained or renewed their qualification under § 62.14610 or § 62.14615. Records must include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications. ( i) For each qualified operator, the phone and/ or pager number at which they can be reached during operating hours. ( j) Records of calibration of any monitoring devices as required under § 62.14690. ( k) Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment. ( l) The information listed in § 62.14620( a). ( m) On a daily basis, keep a log of the quantity of waste burned and the types of waste burned ( always required).

§ 62.14705 Where and in what format must I keep my records?

All records must be available onsite in either paper copy or computer readable format that can be printed upon request, unless an alternative format is approved by the Administrator.

§ 62.14710 What reports must I submit?

See Table 4 of this subpart for a summary of the reporting requirements.

§ 62.14715 When must I submit my waste management plan?

You must submit the waste management plan no later than the date six months after promulgation of the CISWI Federal plan in the Federal Register.

§ 62.14720 What information must I submit following my initial performance test?

You must submit the information specified in paragraphs ( a) through ( c) of this section no later than 60 days following the initial performance test. All reports must be signed by the facilities manager. ( a) The complete test report for the initial performance test results obtained under § 62.14660, as applicable. ( b) The values for the site specific operating limits established in § 62.14635 or § 62.14640. ( c) If you are using a fabric filter to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by § 62.14690( b).

§ 62.14725 When must I submit my annual report?

You must submit an annual report no later than 12 months following the submission of the information in § 62.14720. You must submit subsequent reports no more than 12 months following the previous report. As with all other requirements in this subpart, the requirement to submit an annual report does not modify or replace the operating permit requirements of 40 CFR parts 70 and 71.

§ 62.14730 What information must I include in my annual report?

The annual report required under § 62.14725 must include the ten items listed in paragraphs ( a) through ( j) of this section. If you have a deviation from the operating limits or the emission limitations, you must also submit deviation reports as specified in § § 62.14735, 62.14740, and 62.14745. ( a) Company name and address. ( b) Statement by a responsible official, with that official's name, title, and signature, certifying the accuracy of the content of the report. ( c) Date of report and beginning and ending dates of the reporting period. ( d) The values for the operating limits established pursuant to § 62.14635 or § 62.14640. ( 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, and that no monitoring system used to determine compliance with the operating limits was inoperative, inactive, malfunctioning or out of control. ( f) The highest recorded 3 hour average and the lowest recorded 3 hour average, as applicable, for each operating parameter recorded for the calendar year being reported. ( g) Information recorded under § 62.14700( b)( 6) and ( c) through ( e) for the calendar year being reported. ( h) If a performance test was conducted during the reporting period, the results of that test. ( i) If you met the requirements of § 62.14680( a) or ( b), and did not conduct a performance test during the reporting period, you must state that you met the requirements of § 62.14680( a) or ( b), and, therefore, you were not required to conduct a performance test during the reporting period. ( j) Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours, but less than 2 weeks.

§ 62.14735 What else must I report if I have a deviation from the operating limits or the emission limitations? ( a) You must submit a deviation report if any recorded 3 hour average parameter level is above the maximum operating limit or below the minimum operating limit established under this subpart, if the bag leak detection system alarm sounds for more than 5 percent of the operating time for any 6 month reporting period, or if a performance test was conducted that deviated from any emission limitation. ( b) The deviation report must be submitted by August 1 of that year for data collected during the first half of the calendar year ( January 1 to June 30), and by February 1 of the following year for data you collected during the second half of the calendar year ( July 1 to December 31).

§ 62.14740 What must I include in the deviation report? In each report required under § 62.14735, for any pollutant or VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70668 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules parameter that deviated from the emission limitations or operating limits specified in this subpart, include the six items described in paragraphs ( a) through ( f) of this section. ( a) The calendar dates and times your unit deviated from the emission limitations or operating limit requirements. ( b) The averaged and recorded data for those dates. ( c) Duration and causes of each deviation from the emission limitations or operating limits and your corrective actions. ( d) A copy of the operating limit monitoring data during each deviation and any test report that documents the emission levels. ( e) The dates, times, number, duration, and causes for monitoring downtime incidents ( other than downtime associated with zero, span, and other routine calibration checks). ( f) Whether each deviation occurred during a period of startup, shutdown, or malfunction, or during another period.

§ 62.14745 What else must I report if I have a deviation from the requirement to have a qualified operator accessible? ( a) If all qualified operators are not accessible for two weeks or more, you must take the two actions in paragraphs ( a)( 1) and ( 2) of this section. ( 1) Within ten days of each deviation, you must submit a notification that includes the three items in paragraphs ( a)( 1)( i) through ( iii) of this section. ( i) A statement of what caused the deviation. ( ii) A description of what you are doing to ensure that a qualified operator is accessible. ( iii) The date when you anticipate that a qualified operator will be available. ( 2) Submit a status report to the Administrator every 4 weeks that includes the three items in paragraphs ( a)( 2)( i) through ( iii) of this section. ( i) A description of what you are doing to ensure that a qualified operator is accessible. ( ii) The date when you anticipate that a qualified operator will be accessible. ( iii) Request approval from the Administrator to continue operation of the CISWI unit. ( b) If your unit was shut down by the Administrator, under the provisions of § 62.14625( b)( 2), due to a failure to provide an accessible qualified operator, you must notify the Administrator that you are resuming operation once a qualified operator is accessible.

§ 62.14750 Are there any other notifications or reports that I must submit? Yes. You must submit notifications as provided by 40 CFR 60.7. § 62.14755 In what form can I submit my reports? Submit initial, annual, and deviation reports electronically or in paper format, postmarked on or before the submittal due dates.

§ 62.14760 Can reporting dates be changed? If the Administrator agrees, you may change the semiannual or annual reporting dates. See 40 CFR 60.19( c) for procedures to seek approval to change your reporting date.

Air Curtain Incinerators that Burn 100 Percent Wood Wastes and Clean Lumber § 62.14765 What is an air curtain incinerator? An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. ( Air curtain incinerators are different from conventional combustion devices which typically have enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)

§ 62.14770 When must I achieve final compliance? If you plan to continue operating, then you must achieve final compliance by the date one year after promulgation of the CISWI Federal plan in the Federal Register. It is unlawful for your air curtain incinerator to operate after the date one year after promulgation of the CISWI Federal plan in the Federal Register if you have not achieved final compliance. An air curtain incinerator that continues to operate after the date one year after promulgation of the CISWI Federal plan in the Federal Register without being in compliance is subject to penalties.

§ 62.14795 How do I achieve final compliance? For the final compliance, you must complete all equipment changes and retrofit installation control devices so that, when the affected air curtain incinerator is placed into service, all necessary equipment and air pollution control devices operate as designed and meet the opacity limits of § 62.14815.

§ 62.14805 What must I do if I close my air curtain incinerator and then restart it? ( a) If you close your incinerator but will reopen it prior to the final compliance date in this subpart, you must achieve final compliance by the date one year after promulgation of the CISWI Federal plan in the Federal Register. ( b) If you close your incinerator but will restart it after the date one year after promulgation of the CISWI Federal plan in the Federal Register, you must have completed any needed emission control retrofits and meet the opacity limits of § 62.14815 on the date your incinerator restarts operation. ( c) You must meet the title V operating permit requirements of § § 62.14830 and 62.14835 at the time you restart your air curtain incinerator.

§ 62.14810 What must I do if I plan to permanently close my air curtain incinerator and not restart it?

If you plan to permanently close your incinerator rather than comply with this subpart, you must submit a closure notification, including the date of closure, to the Administrator by the date by the 180 days after promulgation of the CISWI Federal plan in the Federal Register. You must meet the title V operating permit requirements of § § 62.14830 and 62.14835 regardless of when you shut down.

§ 62.14815 What are the emission limitations for air curtain incinerators that burn 100 percent wood wastes and clean lumber?

( a) After the date the initial test for opacity is required or completed ( whichever is earlier), you must meet the limitations in paragraphs ( a)( 1) and ( 2) of this section. ( 1) The opacity limitation is 10 percent ( 6 minute average), except as described in paragraph ( a)( 2) of this section. ( 2) The opacity limitation is 35 percent ( 6 minute average) during the startup period that is within the first 30 minutes of operation. ( b) Except during malfunctions, the requirements of this subpart apply at all times, and each malfunction must not exceed 3 hours.

§ 62.14820 How must I monitor opacity for air curtain incinerators that burn 100 percent wood wastes and clean lumber?

( a) Use Method 9 of 40 CFR part 60, Appendix A to determine compliance with the opacity limitation. ( b) Conduct an initial test for opacity as specified in § 60.8 no later than 90 days after the date one year after promulgation of the CISWI Federal plan in the Federal Register. ( c) After the initial test for opacity, conduct annual tests no more than 12 calendar months following the date of your previous test.

VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70669 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules § 62.14825 What are the recordkeeping and reporting requirements for air curtain incinerators that burn 100 percent wood wastes and clean lumber?

( a) Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the Administrator approves another format, for at least 5 years. ( b) Make all records available for submittal to the Administrator or for an inspector's onsite review. ( c) Submit an initial report no later than 60 days following the initial opacity test that includes the information specified in paragraphs ( c)( 1) and ( 2) of this section. ( 1) The types of materials you plan to combust in your air curtain incinerator. ( 2) The results ( each 6 minute average) of the initial opacity tests. ( d) Submit annual opacity test results within 12 months following the previous report. ( e) Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date and keep a copy onsite for a period of 5 years.

Title V Requirements § 62.14830 Does this subpart require me to obtain an operating permit under title V of the Clean Air Act?

Yes. If you are subject to this subpart, you are required to apply for and obtain a title V operating permit unless you meet the relevant requirements specified in 40 CFR 62.14525( a)   ( h) and ( j)   ( o) and all of the requirements specified in 40 CFR 62.14531.

§ 62.14835 When must I submit a title V permit application for my existing CISWI unit?

( a) If your existing CISWI unit is not subject to an earlier permit application deadline, a complete title V permit application must be submitted not later than the date 36 months after promulgation of 40 CFR part 60, subpart DDDD ( December 1, 2003), or by the effective date of the applicable State, Tribal, or Federal operating permits program, whichever is later. For any existing CISWI unit not subject to an earlier application deadline, this final application deadline applies regardless of when this Federal plan is effective, or when the relevant State or Tribal section 111( d)/ 129 plan is approved by EPA and becomes effective. See sections 129( e), 503( c), 503( d), and 502( a) of the Clean Air Act. ( b) A `` complete'' title V permit application is one that has been determined or deemed complete by the relevant permitting authority under section 503( d) of the Clean Air Act and 40 CFR 70.5( a)( 2) or 71.5( a)( 2). You must submit a complete permit application by the relevant application deadline in order to operate after this date in compliance with Federal law. See sections 503( d) and 502( a) of the Clean Air Act; 40 CFR 70.7( b) and 71.7( b).

Definitions § 62.14840 What definitions must I know? Terms used but not defined in this subpart are defined in the Clean Air Act, subparts A and B of part 60 and subpart A of this part 62. Administrator means the Administrator of the U. S. Environmental Protection Agency or his/ her authorized representative or Administrator of a State Air Pollution Control Agency. Agricultural waste means vegetative agricultural materials such as nut and grain hulls and chaff ( e. g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations. Air curtain incinerator means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. ( Air curtain incinerators are different from conventional combustion devices which typically have enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.) Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, or diesel fuel. Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter ( i. e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings. Calendar quarter means three consecutive months ( nonoverlapping) beginning on: January 1, April 1, July 1, or October 1. Calendar year means 365 consecutive days starting on January 1 and ending on December 31. Chemotherapeutic waste means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Clean lumber means wood or wood products that have been cut or shaped and include wet, air dried, and kilndried wood products. Clean lumber does not include wood products that have been painted, pigment stained, or pressure treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote. Commercial and industrial solid waste incineration ( CISWI) unit means any combustion device that combusts commercial and industrial waste, as defined in this subpart. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the commercial and industrial solid waste hopper ( if applicable) and extends through two areas: ( 1) The combustion unit flue gas system, which ends immediately after the last combustion chamber. ( 2) The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system. Commercial and industrial waste, for the purposes of this subpart, means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility ( including field erected, modular, and custom built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility. Contained gaseous material means gases that are in a container when that container is combusted. Cyclonic barrel burner 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. 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 VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70670 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules 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; or ( 3) Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this subpart during startup, shutdown, or malfunction, regardless or whether or not such failure is permitted by this subpart. Dioxins/ furans means tetra through octachlorinated dibenzo p dioxins and dibenzofurans. Discard means, for purposes of this subpart and 40 CFR part 60, subpart DDDD, only, burned in an incineration unit without energy recovery. Drum reclamation unit means a unit that burns residues out of drums ( e. g., 55 gallon drums) so that the drums can be reused. Energy recovery means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating. 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. Low level radioactive waste means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable Federal or State standards for unrestricted release. Low level radioactive waste is not high level radioactive waste, spent nuclear fuel, or by product material as defined by the Atomic Energy Act of 1954 ( 42 U. S. C. 2014( e)( 2)). Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Modification or modified CISWI unit means a CISWI unit you have changed later than promulgation of the final CISWI emission guidelines in 40 CFR part 60, subpart DDDD 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 section 129 or section 111 of the Clean Air Act has established standards. Particulate matter means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60, Appendix A. Parts reclamation unit means a unit that burns coatings off parts ( e. g., tools, equipment) so that the parts can be reconditioned and reused. Pathological waste means waste material consisting of only human or animal remains, anatomical parts, and/ or tissue, the bags/ containers used to collect and transport the waste material, and animal bedding ( if applicable). Rack reclamation unit means a unit that burns the coatings off racks used to hold small items for application of a coating. The unit burns the coating overspray off the rack so the rack can be reused. Reconstruction means rebuilding a CISWI unit and meeting two criteria: ( 1) The reconstruction begins on or after promulgation of the final CISWI emission guidelines in 40 CFR part 60, subpart DDDD. ( 2) The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the CISWI unit ( not including 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. Refuse derived fuel means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse derived fuel including two fuels: ( 1) Low density fluff refuse derived fuel through densified refuse derived fuel. ( 2) Pelletized refuse derived fuel. Shutdown means the period of time after all waste has been combusted in the primary chamber. Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended ( 86 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended ( 68 Stat. 923). For purposes of this subpart and 40 CFR part 60, subpart DDDD, only, solid waste does not include the waste burned in the fifteen types of units described in 40 CFR 60.2555 of subpart DDDD and § 62.14525 of this subpart. Standard conditions, when referring to units of measure, means a temperature of 68 ° F ( 20 ° C) and a pressure of 1 atmosphere ( 101.3 kilopascals). Startup period means the period of time between the activation of the system and the first charge to the unit. Tribal plan means a plan submitted by a Tribal Authority pursuant to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR part 60, subpart DDDD. Wet scrubber means an add on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter ( including nonvaporous metals and condensed organics) and/ or to absorb and neutralize acid gases. Wood waste means untreated wood and untreated wood products, including tree stumps ( whole or chipped), trees, tree limbs ( whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include: ( 1) Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/ retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. ( 2) Construction, renovation, or demolition wastes. ( 3) Clean lumber.

VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70671 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules TABLE 1 OF SUBPART III OF PART 62.   EMISSION LIMITATIONS For the air pollutant You must meet this emission limitation a Using this averaging time And determining compliance using this method Cadmium ................................................ 0.004 milligrams per dry standard cubic meter. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 29 of appendix A of part 60) Carbon monoxide ................................... 157 parts per million by dry volume. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 10, 10A, or 10B, of appendix A of part 60) Dioxins/ furans ( toxic equivalency basis) 0.41 nanograms per dry standard cubic meter. 3 run average ( 4 hour minimum sample time per run). Performance test ( Method 23 of appendix A of part 60) Hydrogen chloride .................................. 62 parts per million by dry volume. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 26A of appendix A of part 60) Lead ........................................................ 0.04 milligrams per dry standard cubic meter. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 29 of appendix A of part 60) Mercury ................................................... 0.47 milligrams per dry standard cubic meter. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 29 of appendix A of part 60) Opacity ................................................... 10 percent ............................. 6 minute averages ................ Performance test ( Method 9 of appendix A of part 60) Oxides of nitrogen .................................. 388 parts per million by dry volume. 3 run average ( 1 hour minimum sample time per run). Performance test ( Methods average 7, 7A, 7C, 7D, or 7E of appendix A of part 60) Particulate matter ................................... 70 milligrams per dry standard cubic meter. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 5 or 29 of appendix A of part 60) Sulfur dioxide .......................................... 20 parts per million by dry volume. 3 run average ( 1 hour minimum sample time per run). Performance test ( Method 6 or 6c of appendix A of part volume 60)

a All emission limitations ( except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

TABLE 2 OF SUBPART III OF PART 62.   OPERATING LIMITS FOR WET SCRUBBERS For these operating parameters You must establish these operating limits And monitor using these minimum frequencies Data measurement Data recording Averaging time Charge rate ........................... Maximum charge rate .......... Continuous ....... Every hour ........ 1. Daily ( batch units). 2. 3 hour rolling ( continuous and intermittent units). a Pressure drop across the wet scrubber or amperage to wet scrubber. Minimum pressure drop or amperage. Continuous ....... Every 15 minutes 3 hour rolling. a Scrubber liquor flow rate ....... Minimum flow rate ................ Continuous ....... Every 15 minutes 3 hour rolling. a Scrubber liquor pH ................ Minimum pH ......................... Continuous ....... Every 15 minutes 3 hour rolling a a Calculated each hour as the average of the previous 3 operating hours.

TABLE 3 OF SUBPART III OF PART 62.   TOXIC EQUIVALENCY FACTORS Dioxin/ furan congener Toxic equivalency factor A. 2,3,7,8 tetrachlorinated dibenzo p dioxin ................................................................................................................................................ 1 B. 12,3,7,8 pentachlorinated dibenzo p dioxin ............................................................................................................................................ 0.5 C. 1,2,3,4,7,8 hexachlorinated dibenzo p dioxin ......................................................................................................................................... 0.1 D. 1,2,3,7,8,9 hexachlorinated dibenzo p dioxin ......................................................................................................................................... 0.1 E. 12,3,6,7,8 hexachlorinated dibenzo p dioxin .......................................................................................................................................... 0.1 F. 1,2,3,4,6,7,8 heptachlorinated dibenzo p dioxin ..................................................................................................................................... 0.01 G. 0ctachlorinated dibenzo p dioxin ............................................................................................................................................................ 0.001 H. 2,3,7,8 tetrachlorinated dibenzofuran ..................................................................................................................................................... 0.1 I. 2,3,4,7,8 pentachlorinated dibenzofuran .................................................................................................................................................. 0.5 J. 1,2,3,7,8 pentachlorinated dibenzofuran .................................................................................................................................................. 0.05 K. 1,2,3,4,7,8 hexachlorinated dibenzofuran ............................................................................................................................................... 0.1 L. 1,2,3,6,7,8 hexachlorinated dibenzofuran ............................................................................................................................................... 0.1 M. 1,2,3,7,8,9 hexachlorinated dibenzofuran .............................................................................................................................................. 0.1 N. 2,3,4,6,7,8 hexachlorinated dibenzofuran ............................................................................................................................................... 0.1 O. 1,2,3,4,6,7,8 heptachlorinated dibenzofuran .......................................................................................................................................... 0.01 P. 1,2,3,4,7,8,9 heptachlorinated dibenzofuran ........................................................................................................................................... 0.01 Q. 0ctachlorinated dibenzofuran .................................................................................................................................................................. 0.001 VerDate 0ct< 31> 2002 18: 05 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 25NOP2. SGM 25NOP2 70672 Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Proposed Rules TABLE 4 OF SUBPART III OF PART 62.   SUMMARY OF REPORTING REQUIREMENTS Report Due Date Contents Reference A. Waste Management Plan. No later than the date 6 months after publication of the final rule the Federal Register. Waste management plan ...................................... § 62.14715.

B. Initial Test Report ........ No later than 60 days following the performance test. 1. Complete test report for the initial performance test. 2. The values for the site specific operating limits 3. Installation of bag leak detection systems for fabric filters. § 62.14720.

C. Annual Report ............. No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more than 12 months following the previous report. 1. Name and address ............................................ 2. Statement and signature by responsible official 3. Date of report .................................................... 4. Values for the operating limits .......................... 5. If no deviations or malfunctions were reported, a statement that no deviations occurred during reporting period. 6. Highest recorded 3 hour average and the lowest 3 hour average, as applicable, for each operating parameter recorded for the calendar year being reported. 7. Information for deviations or malfunctions recorded under § 62.14700( b)( 6) and ( c) through ( e). 8. If a performance test was conducted during the reporting period, the results of the test. 9. If a performance test was not conducted during the reporting period, a statement that the requirements of § 62.14680( a) or ( b) were met. 10. Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than 2 weeks. § § 62.14725 and 62.14730 Subsequent reports are to be submmitted no moer than 12 months following the previous report

D. Emission Limitation or Operating Limit Deviation Report. By August 1 of that year for data collected during the first half of the calendar year. By February 1 of the following year for data collected during the second half of the calendar year. 1. Dates and times of deviations .......................... 2. Averaged and recorded data for these dates ... 3. Duration and causes for each deviation and the corrective actions taken. 4. Copy of operating limit monitoring data and any test reports. 5. Dates, times, and causes for monitor downtime incidents. 6. Whether each deviation occurred during a period of startup, shutdown, or malfunction. § § 62.14735 and 62.14740.

E. Qualified Operator Deviation Notification. Within 10 days of deviation 1. Statement of cause of deviation ....................... 2. Description of efforts to have an accessible qualified operator. 3. The date a qualified operator will be accessible § 62.14745( a)( 1).

F. Qualified Operator Deviation Status Report. Every 4 weeks following deviation. 1. Description of efforts to have an accessible qualified operator. 2. The date a qualified operator will be accessible 3. Request for approval to continue operation ..... § 62.14745( a)( 2).

G. Qualified Operator Deviation Notification of Resumed Operation. Prior to resuming operation Notification that you are resuming operation ........ § 62.14745( b).

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

[ FR Doc. 02   28923 Filed 11   22   02; 8: 45 am]

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