capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
    Fluidized bed incinerator means an enclosed device in which organic
matter and inorganic matter in sewage sludge are combusted in a bed of
particles suspended in the combustion chamber gas.

    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. During periods of malfunction the
operator shall operate within established emissions and operating
limits and shall continue monitoring of all applicable operating
parameters until all waste has been combusted or until the malfunction
ceases, whichever comes first.
    Maximum feed rate means 110 percent of the highest 3-hour average
dry charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limits or
standards.
    Modification means a change to an SSI unit later than [THE DATE 6
MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER] 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
SSI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the SSI unit used to calculate these costs, see the definition of SSI
unit.
    (2) Any physical change in the SSI 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.
    Modified sewage sludge incineration (SSI) unit means an SSI unit
that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that
contains a number of solid refractory hearths and a central rotating
shaft; rabble arms that are designed to slowly rake the sludge on the
hearth are attached to the rotating shaft. Dewatered sludge enters at
the top and proceeds downward through the furnace from hearth to
hearth, pushed along by the rabble arms.
    New sewage sludge incineration unit means an SSI unit the
construction of which is commenced after October 14, 2010 which would
be applicable to such unit or a modified solid waste incineration unit.
    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any amount of sewage sludge is
combusted at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of
the test-run average secondary voltage and the test-run average
secondary amperage to the electrostatic precipitator collection plates.
    Process change means that any of the following have occurred:
    (1) A change in the process employed at the wastewater treatment
facility associated with the affected SSI unit (e.g., the addition of
tertiary treatment at the facility, which changes the method used for
disposing of process solids and processing of the sludge prior to
incineration).
    (2) A change in the air pollution control devices used to comply
with the emission limits for the affected SSI unit (e.g., change in the
sorbent used for activated carbon injection).
    (3) An allowable increase in the quantity of wastewater received
from an industrial source by the wastewater treatment facility.
    Sewage sludge means solid, semi-solid, or liquid residue generated
during the treatment of domestic sewage in a treatment works. Sewage
sludge includes, but is not limited to, domestic septage; scum or
solids removed in primary, secondary, or advanced wastewater treatment
processes; and a material derived from sewage sludge. Sewage sludge
does not include ash generated during the firing of sewage sludge in a
sewage sludge incineration unit or grit and screenings generated during
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is
fed into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit
combusting sewage sludge for the purpose of reducing the volume of the
sewage sludge by removing combustible matter. Sewage sludge
incineration unit designs include fluidized bed and multiple hearth.
    Shutdown means the period of time after all sewage sludge has been
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sewage 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 (33 U.S.C. 1342), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere
(101.3 kilopascals).
    Startup means the period of time between the activation, including
the firing of fuels (e.g., natural gas or distillate oil), of the
system and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an
individual dioxin congener in an environmental mixture and the
corresponding estimate of the compound-specific toxicity relative to
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency
factor for that compound. Table 3 to this subpart lists the toxic
equivalency factors.
    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.
    You means the owner or operator of an SSI unit that meets the
criteria in Sec.  60.4770.

   Table 1 to Subpart LLLL of Part 60--Emission Limits and Standards for New Sewage Sludge Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                             Using these averaging
                                  You must meet this          methods and minimum     And determining compliance
    For the air pollutant         emission limit \a\          sampling volumes or          using this method
                                                                   durations
----------------------------------------------------------------------------------------------------------------
Particulate matter..........  4.1 milligrams per dry      3-run average (collect a    Performance test (Method 5
                               standard cubic meter.       minimum volume of 3 dry     at 40 CFR part 60,
                                                           standard cubic meters per   appendix A-3; Method 26A
                                                           run).                       or Method 29 at 40 CFR
                                                                                part 60, appendix A-8).
Hydrogen chloride...........  0.12 parts per million by   3-run average (For Method   Performance test (Method
                               dry volume.                 26, collect a minimum       26 or 26A at 40 CFR part
                                                           volume of 200 liters per    60, appendix A-8).
                                                           run. For Method 26A,
                                                           collect a minimum volume
                                                           of 3 dry standard cubic
                                                           meters per run).
Carbon monoxide.............  7.4 parts per million by    4-hour rolling average      Continuous emissions
                               dry volume.                 (using 1-hour averages of   monitoring system.
                                                           data).
Dioxins/furans (total mass    0.024 nanograms per dry     3-run average (collect a    Performance test (Method
 basis).                       standard cubic meter.       minimum volume of 3 dry     23 at 40 CFR part 60,
                                                           standard cubic meters per   appendix A-7).
                                                           run).
Dioxins/furans (toxic         0.0022 nanograms per dry    3-run average (collect a    Performance test (Method
 equivalency basis).           standard cubic meter.       minimum volume of 3 dry     23 at 40 CFR part 60,
                                                           standard cubic meters per   appendix A-7).
                                                           run).
Mercury.....................  0.0010 milligrams per dry   3-run average (For Method   Performance test (Method
                               standard cubic meter.       29 and ASTM D6784-02,       29 at 40 CFR part 60,
                                                           collect a minimum volume    appendix A-8; Method 30B
                                                           of 3 dry standard cubic     at 40 CFR part 60,
                                                           meters per run. For         appendix A (when
                                                           Method 30B, collect a       published in the Federal
                                                           minimum sample as           Register); or ASTM D6784-
                                                           specified in Method 30B     02, Standard Test Method
                                                           at 40 CFR part 60,          for Elemental, Oxidized,
                                                           appendix A).                Particle Bound and Total
                                                                                Mercury in Flue Gas
                                                                                Generated from Coal-Fired
                                                                                Stationary Sources
                                                                                (Ontario Hydro Method).
Oxides of nitrogen..........  26 parts per million by     3-run average (Collect      Performance test (Method 7
                               dry volume.                 sample for a minimum        or 7E at 40 CFR part 60,
                                                           duration of one hour per    appendix A-4).
                                                           run).
Sulfur dioxide..............  2.0 parts per million by    3-run average (For Method   Performance test (Method 6
                               dry volume.                 6, collect a minimum        or 6C at 40 CFR part 40,
                                                           volume of 200 liters per    appendix A-4; or ANSI/
                                                           run. For Method 6C,         ASME PTC-19.10-1981 Flue
                                                           collect sample for a        and Exhaust Gas Analysis
                                                           minimum duration of one     [Part 10, Instruments and
                                                           hour per run).              Apparatus]).
Cadmium.....................  0.00051 milligrams per dry  3-run average (collect a    Performance test (Method
                               standard cubic meter.       minimum volume of 3 dry     29 at 40 CFR part 60,
                                                           standard cubic meters per   appendix A-8).
                                                           run).
Lead........................  0.00053 milligrams per dry  3-run average (collect a    Performance test (Method
                               standard cubic meter.       minimum volume of 3 dry     29 at 40 CFR part 60,
                                                           standard cubic meters per   appendix A-8).
                                                           run).
Opacity.....................  0 percent.................  6-minute averages, three 1- Performance test (Method 9
                                                           hour observation periods.   at 40 CFR part 60,
                                                                                appendix A-4).
Fugitive emissions from ash   Visible emissions of        Three 1-hour observation    Visible emission test
 handling.                     combustion ash from an      periods.                    (Method 22 of appendix A-
                               ash conveying system                                    7 of this part).
                               (including conveyor
                               transfer points) for no
                               more than 5 percent of
                               the hourly observation
                               period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

                         Table 2--to Subpart LLLL of Part 60--Operating Parameters for New Sewage Sludge Incineration Units \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                And monitor using these minimum frequencies
                                       You must establish these    -------------------------------------------------------------------------------------
  For these operating parameters           operating limits                                                                       Averaging time for
                                                                          Data measurement            Data recording \b\              compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      All SSI units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dry sludge feed rate..............  Maximum dry sludge feed rate..  Continuous..................  Hourly....................  4-hour rolling.\c\
Combustion chamber temperature or   Minimum combustion temperature  Continuous..................  Every 15 minutes..........  4-hour rolling.\c\
 afterburner temperature.            or afterburner temperature.
Sludge moisture content...........  Range of moisture content       Composite of three samples    Daily.....................  Daily.
                                     (percent).                      taken 6 hours apart.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                        Scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pressure drop across each wet       Minimum pressure drop or        Continuous..................  Every 15 minutes..........  4-hour rolling.\c\
 scrubber or amperage to each wet    minimum amperage.
 scrubber.
Scrubber liquor flow rate.........  Minimum flow rate.............  Continuous..................  Every 15 minutes..........  4-hour rolling.\c\
Scrubber liquor pH................  Minimum pH....................  Continuous..................  Every 15 minutes..........  4-hour rolling.\c\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Fabric Filter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak          Maximum alarm time of the bag leak detection system alarm (this operating limit is provided in Sec.   60.4850 and is
 detection system alarm.                                                  not established on a site-specific basis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Electrostatic precipitator
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary voltage of the            Minimum power input to the      Continuous..................  Hourly....................  4-hour rolling.\c\
 electrostatic precipitator          electrostatic precipitator
 collection plates.                  collection plates.
Secondary amperage of the
 electrostatic precipitator
 collection plates.
Effluent water flow rate at the     Maximum effluent water flow     Hourly......................  Hourly....................  4-hour rolling.\c\
 outlet of the electrostatic         rate at the outlet of the
 precipitator.                       electrostatic precipitator.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Activated carbon injection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate....  Minimum mercury sorbent         Hourly......................  Hourly....................  4-hour rolling.\c\
                                     injection rate.
Dioxin/furan sorbent injection      Minimum dioxin/furan sorbent
 rate.                               injection rate.
Carrier gas flow rate or carrier    Minimum carrier gas flow rate   Continuous..................  Every 15 minutes..........  4-hour rolling.\c\
 gas pressure drop.                  or minimum carrier gas
                                     pressure drop.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec.   60.4870, you may use a continuous emissions monitoring system, continuous opacity monitoring system, or continuous automated
  sampling system in lieu of establishing certain operating limits.
\b\ This recording time refers to the frequency that the continuous monitor or other measuring device initially records data. For all data recorded
  every 15 minutes, you must calculate hourly arithmetic averages. For all parameters except sludge moisture content, you use hourly averages to
  calculate the 4-hour rolling averages to demonstrate compliance. You maintain records of 1-hour averages.
\c\ Calculated each hour as the average of the previous 4 operating hours.

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

 Table 4--to Subpart LLLL of Part 60--Summary of Reporting Requirements for New Sewage Sludge Incineration Units
                                                       \a\
----------------------------------------------------------------------------------------------------------------
                 Report                            Due date                    Contents              Reference
----------------------------------------------------------------------------------------------------------------
Notification of construction............  Prior to commencing          Statement of                 Sec.
                                           construction.               intent to construct.           60.4915(a)
                                                                       Anticipated date
                                                                       of commencement of
                                                                       construction.

                                                                       Documentation for
                                                                       siting requirements.
                                                                       Anticipated date
                                                                       of initial startup.
Notification of initial startup.........  Prior to initial startup..   Maximum design               Sec.
                                                                       dry sewage sludge burning      60.4915(b)
                                                                       capacity.
                                                                       Anticipated
                                                                       maximum feed rate.
                                                                       If applicable,
                                                                       the petition for site-
                                                                       specific operating limits.
                                                                       Anticipated date
                                                                       of initial startup.
                                                                       Site-specific
                                                                       monitoring plan.
Initial compliance report...............  No later than 60 days        Company name and             Sec.
                                           following the initial       address.                       60.4915(c)
                                           performance test.           Statement by a
                                                                       responsible official,
                                                                       with that official's
                                                                       name, title, and
                                                                       signature, certifying the
                                                                       accuracy of the content
                                                                       of the report.
                                                                       Date of report...
                                                                       Complete test
                                                                       report for the initial
                                                                       performance test.
                                                                       Results of CMS
                                                                       \b\ performance
                                                                       evaluation.
                                                                       The values for
                                                                       the site-specific
                                                                       operating limits and the
                                                                       calculations and methods
                                                                       used to establish each
                                                                       operating limit.
                                                                       Documentation of
                                                                       installation of bag leak
                                                                       detection system for
                                                                       fabric filter.
                                                                       Results of
                                                                       initial air pollution
                                                                       control device
                                                                       inspection, including a
                                                                       description of repairs.
Annual compliance report................  No later than 12 months      Company name and       Sec.  Sec.
                                           following the submission    address.                       60.4915(d)
                                           of the initial compliance   Statement and
                                           report; subsequent          signature by responsible
                                           reports are to be           official.
                                           submitted no more than 12   Date and
                                           months following the        beginning and ending
                                           previous report.            dates of report.
                                                                       If a performance
                                                                       test was conducted during
                                                                       the reporting period, the
                                                                       results of the test,
                                                                       including any new
                                                                       operating limits and
                                                                       associated calculations
                                                                       and the type of activated
                                                                       carbon used, if
                                                                       applicable.
                                                                       For each
                                                                       pollutant and operating
                                                                       parameter recorded using
                                                                       a CMS, the highest
                                                                       recorded 3-hour average
                                                                       and the lowest recorded 3-
                                                                       hour average, as
                                                                       applicable.
                                                                       If no deviations
                                                                       from emission limits,
                                                                       emission standards, or
                                                                       operating limits
                                                                       occurred, a statement
                                                                       that no deviations
                                                                       occurred.
                                                                       If a fabric
                                                                       filter is used, the date,
                                                                       time, and duration of
                                                                       alarms.
                                                                       If a performance
                                                                       evaluation of a CMS was
                                                                       conducted, the results,
                                                                       including any new
                                                                       operating limits and
                                                                       their associated
                                                                       calculations.
                                                                       If you met the
                                                                       requirements of Sec.
                                                                       60.4885(a)(3) and did not
                                                                       conduct a performance
                                                                       test, include the dates
                                                                       of the last three
                                                                       performance tests, a
                                                                       comparison to the 75
                                                                       percent emission limit
                                                                       threshold of the emission
                                                                       level achieved in the
                                                                       last three performance
                                                                       tests, and a statement as
                                                                       to whether there have
                                                                       been any process changes.
                                                                       Documentation of
                                                                       periods when all
                                                                       qualified SSI unit
                                                                       operators were
                                                                       unavailable for more than
                                                                       8 hours but less than 2
                                                                       weeks.

                                                                       Results of annual
                                                                       pollutions control device
                                                                       inspections, including
                                                                       description of repairs.
                                                                       If there were no
                                                                       periods during which your
                                                                       CMSs had malfunctions, a
                                                                       statement that there were
                                                                       no periods during which
                                                                       your CMSs had
                                                                       malfunctions.
                                                                       If there were no
                                                                       periods during which your
                                                                       CMSs were out of control,
                                                                       a statement that there
                                                                       were no periods during
                                                                       which your CMSs were out
                                                                       of control.
                                                                       If there were no
                                                                       operator training
                                                                       deviations, a statement
                                                                       that there were no such
                                                                       deviations.
                                                                       Information on
                                                                       monitoring plan
                                                                       revisions, including a
                                                                       copy of any revised
                                                                       monitoring plan.
Deviation report (deviations from         By August 1 of a calendar   If using a CMS:                       Sec.
 emission limits, emission standards, or   year for data collected     Company name and       60.4915(e)
 operating limits, as specified in Sec.    during the first half of    address..
  60.4915(e)(1)).                          the calendar year; by       Statement by a
                                           February 1 of a calendar    responsible official..
                                           year for data collected     The calendar
                                           during the second half of   dates and times your unit
                                           the calendar year.          deviated from the
                                                                       emission limits or
                                                                       operating limits..
                                                                       The averaged and
                                                                       recorded data for those
                                                                       dates.
                                                                       Duration and
                                                                       cause of each deviation.
                                                                       Dates, times, and
                                                                       causes for monitor
                                                                       downtime incidents.
                                                                       A copy of the
                                                                       operating parameter
                                                                       monitoring data during
                                                                       each deviation and any
                                                                       test report that
                                                                       documents the emission
                                                                       levels.
                                                                       For periods of
                                                                       CMS malfunction or when a
                                                                       CMS was out of control,
                                                                       you must include the
                                                                       information specified in
                                                                       Sec.
                                                                       60.4915(e)(3)(viii).
                                                                      If not using a CMS:
                                                                       Company name and
                                                                       address.
                                                                       Statement by a
                                                                       responsible official.
                                                                       The total
                                                                       operating time of each
                                                                       affected SSI.
                                                                       The calendar
                                                                       dates and times your unit
                                                                       deviated from the
                                                                       emission limits, emission
                                                                       standard, or operating
                                                                       limits.
                                                                       The averaged and
                                                                       recorded data for those
                                                                       dates.
                                                                       Duration and
                                                                       cause of each deviation.
                                                                       A copy of any
                                                                       performance test report
                                                                       that showed a deviation
                                                                       from the emission limits
                                                                       or standards.
                                                                       A brief
                                                                       description of any
                                                                       malfunction, a
                                                                       description of actions
                                                                       taken during the
                                                                       malfunction to minimize
                                                                       emissions, and corrective
                                                                       action taken.
Notification of qualified operator        Within 10 days of            Statement of                 Sec.
 deviation (if all qualified operators     deviation.                  cause of deviation.            60.4915(f)
 are not accessible for 2 weeks or more).                              Description of
                                                                       actions taken to ensure
                                                                       that a qualified operator
                                                                       will be available.
                                                                       The date when a
                                                                       qualified operator will
                                                                       be accessible.
Notification of status of qualified       Every 4 weeks following      Description of               Sec.
 operator deviation.                       notification of deviation.  actions taken to ensure        60.4915(f)
                                                                       that a qualified operator
                                                                       is accessible.
                                                                       The date when you
                                                                       anticipate that a
                                                                       qualified operator will
                                                                       be accessible.
                                                                       Request for
                                                                       approval to continue
                                                                       operation.

Notification of resumed operation         Within 5 days of obtaining   Notification that            Sec.
 following shutdown (due to qualified      a qualified operator and    you have obtained a            60.4915(f)
 operator deviation and as specified in    resuming operation.         qualified operator and
 Sec.   60.4835(b)(2)(i).                                              are resuming operation.
Notification of a force majeure.........  As soon as practicable       Description of               Sec.
                                           following the date you      the force majeure event.       60.4915(g)
                                           first knew, or through      Rationale for
                                           due diligence should have   attributing the delay in
                                           known that the event may    conducting the
                                           cause or caused a delay     performance test beyond
                                           in conducting a             the regulatory deadline
                                           performance test beyond     to the force majeure.
                                           the regulatory deadline;    Description of
                                           the notification must       the measures taken or to
                                           occur before the            be taken to minimize the
                                           performance test deadline   delay.
                                           unless the initial force    Identification of
                                           majeure or a subsequent     the date by which you
                                           force majeure event         propose to conduct the
                                           delays the notice, and in   performance test.
                                           such cases, the
                                           notification must occur
                                           as soon as practicable.
Notification of intent to start or stop   1 month before starting or   Intent to start              Sec.
 use of a CMS.                             stopping use of a CMS.      or stop use of a CMS.          60.4915(h)
Notification of intent to conduct a       At least 30 days prior to    Intent to conduct
 performance test.                         the performance test.       a performance test to
                                                                       comply with this subpart.
Notification of intent to conduct a       At least 7 days prior to     Intent to conduct
 rescheduled performance test.             the date of a rescheduled   a rescheduled performance
                                           performance test.           test to comply with this
                                                                       subpart.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.

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

Table of Contents

Introduction

Sec.
60.5000 What is the purpose of this subpart?
60.5005 Am I affected by this subpart?
60.5010 Is a State plan required for all states?
60.5015 What must I include in my State plan?
60.5020 Is there an approval process for my State plan?
60.5025 What if my State plan is not approvable?
60.5030 Is there an approval process for a negative declaration
letter?
60.5035 What compliance schedule must I include in my State plan?
60.5040 Are there any State plan requirements for this subpart that
apply instead of the requirements specified in subpart B?
60.5045 In lieu of a State plan submittal, are there other
acceptable option(s) for a State to meet its section 111(d)/
129(b)(2) obligations?
60.5050 What authorities will not be delegated to State, local, or
tribal agencies?
60.5055 Does this subpart directly affect SSI unit owners and
operators in my State?

Applicability of State Plans

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

Use of Model Rule

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

Model Rule--Increments of Progress

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

Model Rule--Operator Training and Qualification

60.5130 What are the operator training and qualification
requirements?
60.5135 When must the operator training course be completed?
60.5140 How do I obtain my operator qualification?
60.5145 How do I maintain my operator qualification?
60.5150 How do I renew my lapsed operator qualification?
60.5155 What if all the qualified operators are temporarily not
accessible?
60.5160 What site-specific documentation is required and how often
must it be reviewed by qualified SSI operators and other plant
personnel who may operate the unit according to the provisions of
Sec.  60.5155(a)?

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

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

Model Rule--Initial Compliance Requirements

60.5185 How and when do I demonstrate initial compliance with the
emission limits and standards?
60.5190 How do I establish my operating limits?
60.5195 By what date must I conduct the initial air pollution
control device

inspection and make any necessary repairs?
60.5200 How do I develop a site-specific monitoring plan for my
continuous monitoring systems and bag leak detection system and by
what date must I conduct an initial performance evaluation of my
continuous monitoring systems and bag leak detection system?

Model Rule--Continuous Compliance Requirements

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

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

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

Model Rule--Recordkeeping and Reporting

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

Model Rule--Title V Operating Permits

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

Model Rule--Definitions

60.5250 What definitions must I know?

TABLES

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

Introduction

Sec.  60.5000  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance
schedules for the control of emissions from sewage sludge incineration
(SSI) units. The pollutants addressed by these emission guidelines are
listed in Tables 2 and 3 to this subpart. These emission guidelines are
developed in accordance with sections 111(d) and 129 of the Clean Air
Act and subpart B of this part. To the extent any requirement of this
subpart is inconsistent with the requirements of subpart A of this
part, the requirements of this subpart will apply.

Sec.  60.5005  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a
State or United States protectorate with one or more SSI units that
commenced construction on or before October 14, 2010, you must submit a
State plan to U.S. Environmental Protection Agency (EPA) that
implements the emission guidelines contained in this subpart.
    (b) You must submit the State plan to EPA by [THE DATE 12 MONTHS
AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER].

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

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

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

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

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

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

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

    If you do not submit an approvable State plan (or a negative
declaration letter) by [THE DATE 24 MONTHS AFTER THE DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], EPA will
develop a Federal plan according to Sec.  60.27 to implement the
emission guidelines contained in this subpart. Owners and operators of
SSI units not covered by an approved State plan must comply with the
Federal plan. The Federal plan is an interim action and will be
automatically withdrawn when your State plan is approved.

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

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

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

    (a) For SSI units that commenced construction on or before October
14, 2010, your State plan must include compliance schedules that
require SSI units to achieve final compliance as expeditiously as
practicable after approval of the State plan but not later than the
earlier of the two dates specified in paragraphs (a)(1) and (2) of this
section.
    (1) [THE DATE 5 YEARS AFTER THE DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER].
    (2) Three years after the effective date of State plan approval.
    (b) For compliance schedules that extend more than 1 year following
the effective date of State plan approval, State plans must include
dates for enforceable increments of progress as specified in Sec.
60.5090.

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

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

Sec.  60.5045  In lieu of a State plan submittal, are there other
acceptable option(s) for a State to meet its section 111(d)/129 (b)(2)
obligations?

    Yes, a State may meet its Clean Air Act section 111(d)/129
obligations by submitting an acceptable written request for delegation
of the Federal plan that meets the requirements of this section. This
is the only other option for a State to meet its section 111(d)/129
obligations.
    (a) An acceptable Federal plan delegation request must include the
following:
    (1) A demonstration of adequate resources and legal authority to
administer and enforce the Federal plan.
    (2) The items under Sec.  60.5015(a)(1), (2), and (7).
    (3) Certification that the hearing on the State delegation request,
similar to the hearing for a State plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator that sets forth the terms, conditions, and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement
of 111(d)(2) and 111(d)/(2)/129 (b)(3) Federal plans.
    (b) A State with an already approved SSI Clean Air Act section
111(d)/129 State plan is not precluded from receiving EPA approval of a
delegation request for the revised Federal plan, provided the
requirements of paragraph (a) of this section are met, and at the time
of the delegation request, the State also requests withdrawal of EPA's
previous State plan approval.
    (c) A State's Clean Air Act section 111(d)/129 obligations are
separate from its obligations under title V of the Clean Air Act.

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

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

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

    (a) No. This subpart does not directly affect SSI unit owners and
operators in your State. However, SSI unit owners and operators must
comply with the State plan you develop to implement the emission
guidelines contained in this subpart. States may choose to incorporate
the model rule text directly in their State plan.
    (b) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by [THE DATE 1 YEAR
AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER], EPA will implement and enforce a Federal plan, as provided
in Sec.  60.5025, to ensure that each unit within your State that
commenced construction on or before October 14, 2010 reaches compliance
with all the provisions of this subpart by the dates specified in Sec.
60.5035.

Applicability of State Plans

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

    (a) Your State plan must address SSI units that meet all three
criteria described in paragraphs (a)(1) through (3) of this section.
    (1) SSI units in your State that commenced construction on or
before October 14, 2010.
    (2) SSI units that meet the definition of an SSI unit as defined in
Sec.  60.5250.
    (3) SSI units not exempt under Sec.  60.5065.
    (b) If the owner or operator of an SSI unit makes changes that meet
the definition of modification after [THE DATE 6 MONTHS AFTER THE DATE
OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], the SSI unit
becomes subject to subpart LLLL of this part and the State plan no
longer applies to that unit.
    (c) If the owner or operator of an SSI unit makes physical or
operational changes to an SSI unit for which construction commenced on
or before [THE DATE 6 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER] primarily to comply with your State plan,
subpart LLLL of this part does not apply to that unit. Such changes do
not qualify as modifications under subpart LLLL of this part.

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

    This subpart exempts combustion units that incinerate sewage sludge
that are located at an industrial or commercial facility subject to
subpart CCCC of this part, provided the owner or operator of such a
combustion unit notifies the Administrator of an exemption claim under
this section.

Use of Model Rule

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

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

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

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

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

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

Model Rule--Increments of Progress

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Model Rule--Operator Training and Qualification

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

    (a) An SSI unit cannot be operated unless a fully trained and
qualified SSI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified SSI
unit operator may operate the SSI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified SSI unit operators are temporarily not accessible, you
must follow the procedures in Sec.  60.5155.
    (b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 10 subjects listed in paragraphs (c)(1)(i)
through (x) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, sewage sludge feeding, and
shutdown procedures.

    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices.
    (vii) Actions to prevent malfunctions or to prevent conditions that
may lead to malfunctions.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (2) An examination designed and administered by the State-approved
program.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

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

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

Sec.  60.5140  How do I obtain my operator qualification?

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

Sec.  60.5145  How do I maintain my operator qualification?

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

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

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

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

    If a qualified operator is not at the facility and cannot be at the
facility within 1 hour, you must meet the criteria specified in either
paragraph (a) or (b) of this section, depending on the length of time
that a qualified operator is not accessible.
    (a) When a qualified operator is not accessible for more than 8
hours, the SSI unit may be operated for less than 2 weeks by other
plant personnel who are familiar with the operation of the SSI unit who
have completed a review of the information specified in Sec.  60.5160
within the past 12 months. However, you must record the period when a
qualified operator was not accessible and include this deviation in the
annual report as specified under Sec.  60.5235(d).
    (b) When a qualified operator is not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, State what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible, and requesting approval from the Administrator to
continue operation of the SSI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section.
    (i) If the Administrator notifies you that your request to continue
operation of the SSI unit is disapproved, the SSI unit may continue
operation for 30 days, and then must cease operation.
    (ii) Operation of the unit may resume if a qualified operator is
accessible as required under Sec.  60.5130(a) and you notify the
Administrator within 5 days of having resumed operations and of having
a qualified operator accessible.

Sec.  60.5160  What site-specific documentation is required and how
often must it be reviewed by qualified SSI operators and other plant
personnel who may operate the unit according to the provisions of Sec.
60.5155(a)?

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

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

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

    You must meet the emission limits and standards specified in Table
2 or 3 to this subpart by the final compliance date under the approved
State plan, Federal plan, or delegation, as applicable. The emission
limits and standards apply at all times the unit is operating,
including, and not limited to, periods of startup, shutdown, and
malfunction. The emission limits and standards apply to emissions from
a bypass stack or vent while sewage sludge is being charged to the SSI
unit.

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

    You must meet the operating limits specified in paragraphs (a)
through (c) of this section, according to the schedule specified in
paragraphs (d) and (e) of this section. The operating parameters are
listed in Table 4 to this subpart. The operating limits apply at all
times the unit is charging sewage sludge, including periods of
malfunction.
    (a) You must meet site-specific operating limits for maximum dry
sludge feed rate, sludge moisture content, and minimum temperature of

the combustion chamber (or afterburner combustion chamber) that you
establish in Sec.  60.5190.
    (b) If you use a wet scrubber, electrostatic precipitator,
activated carbon injection, or afterburner to comply with an emission
limit, you must meet the site-specific operating limits that you
establish in Sec.  60.5190 for each operating parameter associated with
each air pollution control device.
    (c) If you use a fabric filter to comply with the emission limits,
you must install the bag leak detection system specified in Sec.
60.5225(b)(3)(i) and operate the bag leak detection system such that
the alarm does not sound more than 5 percent of the operating time
during a 6-month period. You must calculate the alarm time as specified
in Sec.  60.5190.
    (d) You must meet the operating limits specified in paragraphs (a)
through (c) of this section by the final compliance date under the
approved State plan, Federal plan, or delegation, as applicable.
    (e) For the operating limits specified in paragraphs (a) and (b),
you may conduct a repeat performance test at any time to establish new
values for the operating limits to apply from that point forward. You
must confirm or reestablish operating limits during:
    (1) Annual performance tests required under Sec.  60.5205(a).
    (2) Performance tests required under Sec.  60.5205(a)(2).
    (3) Periodic performance evaluations required under Sec.
60.5205(b)(5) to meet the operating limits specified in paragraph (a)
of this section.

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

    If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator, activated carbon
injection, or afterburner, or limit emissions in some other manner
(e.g., materials balance) to comply with the emission limits in Sec.
60.5165, you must meet the requirements in paragraphs (a) and (b) of
this section.
    (a) Establish an operating limit each for maximum dry sludge feed
rate, sludge moisture content, and minimum temperature of the
combustion chamber (or afterburner combustion chamber) according to
Sec.  60.5190.
    (b) Petition the Administrator for specific operating parameters,
operating limits, and averaging periods to be established during the
initial performance test and to be monitored continuously thereafter.
    (1) You must not conduct the initial performance test until after
the petition has been approved by the Administrator, and you must
comply with the operating limits as written, pending approval by the
Administrator.
    (2) Your petition must include the five items listed in paragraphs
(b)(2)(i) through (v) of this section.
    (i) Identification of the specific parameters you propose to
monitor.
    (ii) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
    (iii) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters, including a discussion of the averaging periods
associated with those parameters for determining compliance.
    (iv) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
    (v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

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

    The emission limits and standards apply at all times, including
periods of startup, shutdown and malfunction. The operating limits
apply at all times the unit is charging sewage sludge, including
periods of malfunction.

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

    In response to an action to enforce the standards set forth in
paragraph Sec.  60.5165 you may assert an affirmative defense to a
claim for civil penalties for exceedances of such standards that are
caused by malfunction, as defined in Sec.  60.2. Appropriate penalties
may be assessed; however, if the respondent fails to meet its burden of
proving all of the requirements in the affirmative defense, then the
affirmative defense shall not be available for claims for injunctive
relief.
    (a) To establish the affirmative defense in any action to enforce
such a limit, you must timely meet the notification requirements in
paragraph (b) of this section, and must prove by a preponderance of
evidence that the conditions in paragraphs (a)(1) through (9) of this
section are met.
    (1) The excess emissions meet the conditions in paragraphs
(a)(1)(i) through (iv) of this section.
    (i) Were caused by a sudden, short, infrequent, and unavoidable
failure of air pollution control and monitoring equipment, process
equipment, or a process to operate in a normal or usual manner.
    (ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices.
    (iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for.
    (iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance.
    (2) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Offshift and
overtime labor were used, to the extent practicable to make these
repairs.
    (3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions.
    (4) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, severe personal injury, or severe property damage.
    (5) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health.
    (6) All emissions monitoring and control systems were kept in
operation if at all possible.
    (7) Your actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs.
    (8) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions.
    (9) You have prepared a written root cause analysis to determine,
correct, and eliminate the primary causes of the malfunction and the
excess emissions resulting from the malfunction event at issue. The
analysis shall also specify, using best monitoring methods and
engineering judgment, the amount of excess emissions that were the
result of the malfunction.
    (b) If your SSI unit experiences an exceedance of its emission
limit(s) during a malfunction, you must notify

the Administrator by telephone or facsimile (fax) transmission as soon
as possible, but no later than 2 business days after the initial
occurrence of the malfunction, if you wish to avail yourself of an
affirmative defense to civil penalties for that malfunction. If you
seek to assert an affirmative defense, you must also submit a written
report to the Administrator within 30 days of the initial occurrence of
the exceedance of the standard in Sec.  60.5165 to demonstrate, with
all necessary supporting documentation, that you have met the
requirements set forth in paragraph (a) of this section.

Model Rule--Initial Compliance Requirements

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

    To demonstrate initial compliance with the emission limits and
standards in Table 2 or 3 to this subpart, use the procedures specified
in paragraph (a) of this section. In lieu of using the procedures
specified in paragraph (a) of this section, you have the option to
demonstrate initial compliance using the procedures specified in
paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans, mercury, nitrogen oxides,
sulfur dioxide, cadmium, lead, and opacity. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
60.5220(a) and (b).
    (a) Demonstrate initial compliance using the performance test
required in Sec.  60.8. You must demonstrate that your SSI unit meets
the emission limits and standards specified in Table 2 or 3 to this
subpart for particulate matter, hydrogen chloride, carbon monoxide,
dioxins/furans, mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead, opacity, and fugitive emissions from ash handling using the
performance test. The initial performance test must be conducted using
the test methods, averaging methods, and minimum sampling volumes or
durations specified in Table 2 or 3 to this subpart and according to
the testing, monitoring, and calibration requirements specified in
Sec.  60.5220(a).
    (1) Except as provided in paragraph (e) of this section, you must
demonstrate that your SSI unit meets the emission limits and standards
specified in Table 2 or 3 to this subpart by your final compliance date
(see Table 1 to this subpart).
    (2) You may use the results from a performance test conducted
within the 2 previous years that demonstrated compliance with the
emission limits and standards in Table 2 or 3 to this subpart. However,
you must continue to meet the operating limits established during the
most recent performance test that demonstrated compliance with the
emission limits and standards in Table 2 or 3 to this subpart. The
performance test must have used the test methods specified in Table 2
or 3 to this subpart.
    (b) Demonstrate initial compliance using a continuous emissions
monitoring system, continuous opacity monitoring system, or continuous
automated sampling system. Collect data as specified in Sec.
60.5220(b)(6) and use the following procedures:
    (1) To demonstrate initial compliance with the emission limits for
particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans
total mass, dioxins/furans toxic equivalency, mercury, nitrogen oxides,
sulfur dioxide, cadmium, lead, and opacity, you may substitute the use
of a continuous monitoring system in lieu of conducting the initial
performance test required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
(except opacity) in lieu of conducting the initial performance test for
that pollutant in paragraph (a) of this section.
    (ii) You may substitute the use of a total hydrocarbon continuous
monitoring system in lieu of conducting the initial carbon monoxide
performance test required in paragraph (a) of this section.
    (iii) If your SSI unit is not equipped with a wet scrubber, you may
substitute the use of a continuous opacity monitoring system in lieu of
conducting the initial opacity and particulate matter performance tests
in paragraph (a) of this section.
    (iv) You may substitute the use of a particulate matter continuous
emissions monitoring system in lieu of conducting the initial opacity
performance test in paragraph (a) of this section.
    (v) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
    (2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must use the continuous emissions
monitoring system and follow the requirements specified in Sec.
60.5220(b). You must measure emissions according to Sec.  60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or
carbon dioxide). You must demonstrate initial compliance using a 24-
hour block average of these 1-hour arithmetic average emission
concentrations, calculated using Equation 19-19 in section 12.4.1 of
Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate
24-hour averages to determine compliance with the mercury emission
limit in Table 2 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan emission
limits in Table 2 to this subpart.
    (ii) Comply with the provisions in Sec.  60.58b(q) to develop a
monitoring plan. For mercury continuous automated sampling systems, you
must use Performance Specification 12B of appendix B of part 75 and
Procedure 1 of appendix F of this part.
    (4) If you use a continuous opacity monitoring system to
demonstrate compliance with an applicable emission or opacity limit in
paragraph (b)(1) of this section, you must use the continuous opacity
monitoring system and follow the requirements specified in Sec.
60.5220(b). You must measure emissions and calculate 6-minute averages
as specified in Sec.  60.13(h)(1). Using these 6-minute averages, you
must calculate 1-hour block average opacity values. You must
demonstrate initial compliance using the arithmetic average of three 1-
hour block averages.
    (5) Except as provided in paragraph (e) of this section, you must
complete your initial performance evaluations required under your
monitoring plan for any continuous emissions monitoring systems,
continuous opacity monitoring systems, and continuous automated
sampling systems by your final compliance date (see Table 1 to this
subpart). Your performance evaluation must be conducted using the
procedures and acceptance criteria specified in Sec.  60.5200(a)(3).

    (c) To demonstrate initial compliance with the dioxins/furans toxic
equivalency emission limit in either paragraph (a) or (b) of this
section, you must determine dioxins/furans toxic equivalency as
follows:
    (1) Measure the concentration of each dioxin/furan tetra-through
octachlorinated-congener emitted using EPA Method 23.
    (2) For each dioxin/furan (tetra-through octachlorinated) congener
measured in accordance with paragraph (c)(1) of this section, multiply
the congener concentration by its corresponding toxic equivalency
factor specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (d) You must submit an initial compliance report, as specified in
Sec.  60.5235(b).
    (e) If you demonstrate initial compliance using a performance test
as specified in paragraph (a) of this section, then the provisions of
this paragraph (e) apply. If a force majeure is about to occur, occurs,
or has occurred for which you intend to assert a claim of force
majeure, you must notify the Administrator in writing as specified in
Sec.  60.5235(g). You must conduct the initial performance test as soon
as practicable after the force majeure occurs. The Administrator will
determine whether or not to grant the extension to the initial
performance test deadline, and will notify you in writing of approval
or disapproval of the request for an extension as soon as practicable.
Until an extension of the performance test deadline has been approved
by the Administrator, you remain strictly subject to the requirements
of this subpart.

Sec.  60.5190  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified
in paragraphs (c) through (l) of this section during the initial
performance tests and performance evaluations required in Sec.  60.5185
and the most recent performance tests and performance evaluations
required in Sec.  60.5205. Follow the data measurement and recording
frequencies and data averaging times specified in Table 4 to this
subpart and follow the testing, monitoring, and calibration
requirements specified in Sec. Sec.  60.5220 and 60.5225. You are not
required to establish operating limits for the operating parameters
listed in Table 4 to this subpart for a control device if you use a
continuous monitoring system to demonstrate compliance with the
emission limits in Table 2 or 3 to this subpart for the applicable
pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen
chloride and sulfur dioxide, you are not required to establish an
operating limit and monitor pressure drop across the scrubber (or
amperage to the scrubber), scrubber liquor flow rate, and scrubber pH
if you use the continuous monitoring system specified in Sec. Sec.
60.4865(b) and 60.4885(b) to demonstrate compliance with the emission
limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate
matter, cadmium, and lead, you are not required to establish an
operating limit and monitor pressure drop across the scrubber (or
amperage to the scrubber), scrubber liquor flow rate, and scrubber pH
if you use the continuous monitoring system specified in Sec. Sec.
60.4865(b) and 60.4885(b) to demonstrate compliance with the emission
limit for particulate matter, cadmium, or lead.
    (3) You are not required to establish an operating limit and
monitor secondary voltage of the collection plates, secondary amperage
of the collection plates, and effluent water flow rate at the outlet of
the electrostatic precipitator if you use the continuous monitoring
system specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for particulate matter, lead, or
cadmium.
    (4) You are not required to establish an operating limit and
monitor mercury sorbent injection rate and carrier gas flow rate (or
carrier gas pressure drop) if you use the continuous monitoring system
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for mercury.
    (5) You are not required to establish an operating limit and
monitor dioxin/furan sorbent injection rate and carrier gas flow rate
(or carrier gas pressure drop) if you use the continuous monitoring
system specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limits for dioxins/furans.
    (b) For each operating parameter specified in paragraphs (c)
through (k) of this section, determine the average operating parameter
level during the initial or most recent performance test or performance
evaluation for the applicable pollutant(s) according to the procedures
specified in paragraph (b)(1), (2), or (3) of this section, as
applicable:
    (1) For continuous monitoring systems that collect multiple data
points each hour. (i) Collect the incremental data for the operating
parameter (e.g., scrubber liquor flow rate) for each of the three
performance test run periods for each applicable pollutant (e.g.,
sulfur dioxide and hydrogen chloride). For each applicable performance
test run period, calculate the arithmetic average operating parameter
level.
    (ii) The highest arithmetic average operating parameter level of
the applicable performance test run periods specified in paragraph
(b)(1)(i) of this section represents the average operating parameter
level (e.g., average scrubber liquor flow rate) during the performance
test(s) for the applicable pollutant(s). Use this average operating
parameter level to establish the respective operating limit, as
specified in paragraphs (c) through (k) of this section.
    (2) For continuous monitoring systems that collect data on an
hourly basis. (i) Collect the hourly data for the operating parameter
(e.g., mercury sorbent injection rate) for each of the three
performance test run periods for each applicable pollutant (e.g.,
mercury). For each applicable performance test run period, calculate
the arithmetic average operating parameter level.
    (ii) The highest arithmetic average operating parameter level of
the applicable performance test run periods specified in paragraph
(b)(2)(i) of this section represents the average operating parameter
level (e.g., average mercury sorbent injection rate) during the
performance test(s) for the applicable pollutant(s). Use this average
operating parameter level to establish the respective operating limit,
as specified in paragraphs (c) through (k) of this section.
    (3) For continuous monitoring systems that collect data on a daily
basis. Collect the daily data for the operating parameter (e.g., sludge
moisture content) for each day that a performance test is conducted for
the applicable pollutant(s). The highest daily arithmetic average
operating parameter level for the applicable performance tests
represents the average operating parameter level (e.g., average sludge
moisture content) during the performance test(s) for the applicable
pollutant(s)). Use this average operating parameter level to establish
the respective operating limit, as specified in paragraphs (c) through
(k) of this section.
    (c) Minimum pressure drop across each wet scrubber, calculated as
90 percent of the average pressure drop across each wet scrubber
determined

according to paragraph (b)(1) of this section.
    (d) Minimum scrubber liquor flow rate (measured at the inlet to the
wet scrubber), calculated as 90 percent of the average liquor flow rate
determined according to paragraph (b)(1) of this section.
    (e) Minimum scrubber liquor pH (measured at the inlet to the wet
scrubber), calculated as 90 percent of the average liquor pH determined
according to paragraph (b)(1) of this section.
    (f) If you do not use an afterburner to comply with the
requirements of this rule, minimum combustion chamber temperature,
calculated as 90 percent of the average combustion chamber temperature
determined according to paragraph (b)(1) of this section.
    (g) If you use an afterburner to comply with the requirement of
this rule, minimum afterburner combustion chamber temperature,
calculated as 90 percent of the average afterburner combustion chamber
temperature determined according to paragraph (b)(1) of this section.
    (h) Minimum power input to the electrostatic precipitator
collection plates, calculated as 90 percent of the average power input.
Average power input must be calculated as the product of the average
secondary voltage and average secondary amperage to the electrostatic
precipitator, both determined according to paragraph (b)(2) of this
section.
    (i) Maximum effluent water flow rate at the outlet of the
electrostatic precipitator, calculated as 70 percent of the average
effluent water flow rate at the outlet of the electrostatic
precipitator determined according to paragraph (b)(2) of this section.
    (j) For activated carbon injection:
    (1) Minimum mercury sorbent injection rate, calculated as 90
percent of the average mercury sorbent injection rate, determined
according to paragraph (b)(2) of this section.
    (2) Minimum dioxin/furan sorbent injection rate, calculated as 90
percent of the average dioxin/furan sorbent injection rate, determined
according to paragraph (b)(2) of this section.
    (3) Minimum carrier gas flow rate or minimum carrier gas pressure
drop, as follows:
    (i) Minimum carrier gas flow rate, calculated as 90 percent of the
average carrier gas flow rate, determined according to paragraph (b)(1)
of this section.
    (ii) Minimum carrier gas pressure drop, calculated as 90 percent of
the average carrier gas flow rate, determined according to paragraph
(b)(1) of this section.
    (k) Maximum dry sludge feed rate, calculated as 110 percent of the
average dry sludge feed rate, determined according to paragraph (b)(2)
of this section.
    (l) Sludge moisture content, measured on a daily basis as a
percentage, must be no less than 10 percent less than and no more than
10 percent greater than the average sludge moisture content determined
according to paragraph (b)(3) of this section. For example, if your
average sludge moisture content is measured as 20 percent, your sludge
moisture level must be greater than or equal to 18 percent and less
than or equal to 22 percent.

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

    (a) You must conduct an air pollution control device inspection
according to Sec.  60.5220(c) by the final compliance date under the
approved State plan, Federal plan, or delegation, as applicable. For
air pollution control devices installed after the final compliance
date, you must conduct the air pollution control device inspection
within 60 days after installation of the control device.
    (b) Within 10 operating days following the air pollution control
device inspection under paragraph (a) of this section, all necessary
repairs must be completed unless you obtain written approval from the
Administrator establishing a date whereby all necessary repairs of the
SSI unit must be completed.

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

    You must develop and submit to the Administrator for approval a
site-specific monitoring plan for each continuous monitoring system
required under this subpart, according to the requirements in
paragraphs (a) through (c) of this section. This requirement also
applies to you if you petition the Administrator for alternative
monitoring parameters under Sec.  60.13(i) and paragraph (d) of this
section. If you use a continuous automated sampling system to comply
with the mercury or dioxin/furan emission limits, you must develop your
monitoring plan as specified in Sec.  60.58b(q), and you are not
required to meet the requirements in paragraphs (a) and (b) of this
section. You must submit your monitoring plan at least 60 days before
your initial performance evaluation of your continuous monitoring
system(s), as specified in paragraph (c) of this section. You must
update your monitoring plan as specified in paragraph (e) of this
section.
    (a) For each continuous monitoring system, your monitoring plan
must address the elements and requirements specified in paragraphs
(a)(1) through (8) of this section.
    (1) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
    (2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria.
    (i) For continuous emissions monitoring systems, your performance
evaluation and acceptance criteria will include, but not be limited to,
the following:
    (A) The applicable requirements for continuous emissions monitoring
systems specified in Sec.  60.13.
    (B) The applicable performance specifications (e.g., relative
accuracy tests) in appendix B of this part.
    (C) The applicable procedures (e.g., quarterly accuracy
determinations and daily calibration drift tests) in appendix F of this
part.
    (ii) For continuous opacity monitoring systems, your performance
evaluation and acceptance criteria will include, but not be limited to,
the following:
    (A) The applicable requirements for continuous emissions monitoring
systems specified in Sec.  60.13.
    (B) Performance Specification 1 in appendix B of this part.
    (iii) For continuous parameter monitoring systems, your performance
evaluation and acceptance criteria must include, but not be limited to,
the associated performance specifications and quality assurance
procedures.
    (4) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.  60.11(d).
    (5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13.
    (6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4),
(d), (e), (f), and (g).

    (7) Provisions for periods when the continuous monitoring system is
out of control, as follows:
    (i) A continuous emissions monitoring system is out of control if
the conditions in any one of paragraphs (a)(7)(i)(A), (B), or (C) of
this section are met.
    (A) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
    (B) The continuous emissions monitoring system fails a performance
test audit (e.g., cylinder gas audit), relative accuracy audit,
relative accuracy test audit, or linearity test audit.
    (C) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.
    (ii) When the continuous emissions monitoring system is out of
control as specified in paragraph (a)(7)(i) of this section, you must
take the necessary corrective action and must repeat all necessary
tests that indicate that the system is out of control. You must take
corrective action and conduct retesting until the performance
requirements are below the applicable limits. The beginning of the out-
of-control period is the hour you conduct a performance check (e.g.,
calibration drift) that indicates an exceedance of the performance
requirements established under this part. The end of the out-of-control
period is the hour following the completion of corrective action and
successful demonstration that the system is within the allowable
limits.
    (8) Schedule for conducting initial and periodic performance
evaluations of your continuous monitoring systems in accordance with
your site-specific monitoring plan.
    (b) If a bag leak detection system is used, your monitoring plan
must include a description of the following items:
    (1) Installation of the bag leak detection system.
    (2) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established.
    (3) Operation of the bag leak detection system, including quality
assurance procedures.
    (4) How the bag leak detection system will be maintained, including
a routine maintenance schedule and spare parts inventory list.
    (5) How the bag leak detection system output will be recorded and
stored.
    (c) You must conduct an initial performance evaluation of each
continuous monitoring system and bag leak detection system, as
applicable, in accordance with your monitoring plan and within 60 days
of installation of the continuous monitoring system and bag leak
detection system, as applicable.
    (d) You may submit an application to the Administrator for approval
of alternate monitoring requirements to demonstrate compliance with the
standards of this subpart, subject to the provisions of paragraphs
(d)(1) through (6) of this section.
    (1) The Administrator will not approve averaging periods other than
those specified in this section, unless you document, using data or
information, that the longer averaging period will ensure that
emissions do not exceed levels achieved during the performance test
over any increment of time equivalent to the time required to conduct
three runs of the performance test.
    (2) If the application to use an alternate monitoring requirement
is approved, you must continue to use the original monitoring
requirement until approval is received to use another monitoring
requirement.
    (3) You must submit the application for approval of alternate
monitoring requirements no later than the notification of performance
test. The application must contain the information specified in
paragraphs (d)(3)(i) through (iii) of this section:
    (i) Data or information justifying the request, such as the
technical or economic infeasibility, or the impracticality of using the
required approach.
    (ii) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach and technique, the averaging period for the limit,
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative
monitoring requirement would provide equivalent or better assurance of
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of
the application within 90 calendar days after receipt of the original
request, or within 60 calendar days of the receipt of any supplementary
information, whichever is later. The Administrator will not approve an
alternate monitoring application unless it would provide equivalent or
better assurance of compliance with the relevant emission standard.
Before disapproving any alternate monitoring application, the
Administrator will provide the following:
    (i) Notice of the information and findings upon which the intended
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting
information before final action is taken on the application. This
notice will specify how much additional time is allowed for you to
provide additional supporting information.
    (5) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart.
    (6) The Administrator may decide at any time, on a case-by-case
basis that additional or alternative operating limits, or alternative
approaches to establishing operating limits, are necessary to
demonstrate compliance with the emission standards of this subpart.
    (e) You must update your monitoring plan if there are any changes
in your monitoring procedures or if there is a process change, as
defined in Sec.  60.5250.

Model Rule--Continuous Compliance Requirements

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

    To demonstrate continuous compliance with the emission limits and
standards specified in Table 2 or 3 to this subpart, use the procedures
specified in paragraph (a) of this section. In lieu of using the
procedures specified in paragraph (a) of this section, you have the
option to demonstrate initial compliance using the procedures specified
in paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans, mercury, nitrogen oxides,
sulfur dioxide, cadmium, lead, and opacity. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
60.5220(a) and (b).
    (a) Demonstrate continuous compliance using a performance test.
Within 10 to 12 months following the initial performance test (except
as provided in paragraph (e) of this section), demonstrate continuous
compliance with the emission limits and standards specified in Table 2
or 3

to this subpart for particulate matter, hydrogen chloride, carbon
monoxide, dioxins/furans, mercury, nitrogen oxides, sulfur dioxide,
cadmium, lead, and opacity using a performance test. The performance
test must be conducted using the test methods, averaging methods, and
minimum sampling volumes or durations specified in Table 2 or 3 to this
subpart and according to the testing, monitoring, and calibration
requirements specified in Sec.  60.5220(a). Conduct subsequent annual
performance tests within 10 to 12 months following the previous one.
    (1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward. The Administrator may request a repeat performance test at any
time.
    (2) You must repeat the performance test within 60 days of a
process change, as defined in Sec.  60.5250.
    (3) You have the option to perform less frequent testing to
demonstrate compliance with the particulate matter, hydrogen chloride,
mercury, nitrogen oxides, sulfur dioxide, cadmium, and lead emission
limits.
    (i) To perform less frequent testing, you must meet the following
requirements:
    (A) You have test data for at least 3 consecutive years.
    (B) The test data results for particulate matter, hydrogen
chloride, mercury, nitrogen oxides, sulfur dioxide, cadmium, or lead
are less than 75 percent of the applicable emission limits.
    (C) There are no changes in the operation of the SSI unit or air
pollution control equipment that could increase emissions. In this
case, you do not have to conduct a performance test for that pollutant
for the next 2 years. You must conduct a performance test during the
third year and no more than 36 months following the previous
performance test.
    (ii) If your SSI unit continues to emit less than 75 percent of the
emission limit for particulate matter, hydrogen chloride, mercury,
nitrogen oxides, sulfur dioxide, cadmium, or lead and there are no
changes in the operation of the SSI unit or air pollution control
equipment that could increase emissions, 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.
    (iii) If a performance test shows emissions exceeded 75 percent or
greater of the emission limit for particulate matter, hydrogen
chloride, mercury, nitrogen oxides, sulfur dioxide, cadmium, or lead,
you must conduct annual performance tests for that pollutant until all
performance tests over the next 3-year period are within 75 percent of
the applicable emission limit.
    (b) Demonstrate continuous compliance using a continuous emissions
monitoring system, continuous opacity monitoring system, or continuous
automated sampling system. Collect data as specified in Sec.
60.5220(b)(6) and use the following procedures:
    (1) To demonstrate continuous compliance with the emission limits
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans total mass, dioxins/furans toxic equivalency, mercury, nitrogen
oxides, sulfur dioxide, cadmium, lead, and opacity, you may substitute
the use of a continuous monitoring system in lieu of conducting the
annual performance test required in paragraph (a) of this section, as
follows:
    (i) You may substitute the use of a continuous emissions monitoring
system for any pollutant (except opacity) specified in paragraph (b)(1)
of this section in lieu of conducting the annual performance test for
that pollutant in paragraph (a) of this section.
    (ii) You may substitute the use of a total hydrocarbon continuous
monitoring system in lieu of conducting the carbon monoxide annual
performance test required in paragraph (a) of this section.
    (iii) If your SSI unit is not equipped with a wet scrubber, you may
substitute the use of a continuous opacity monitoring system in lieu of
conducting the annual opacity and particulate matter performance tests
in paragraph (a) of this section.
    (iv) You may substitute the use of a particulate matter continuous
emissions monitoring system in lieu of conducting the annual opacity
performance test in paragraph (a) of this section.
    (v) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
    (2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must use the continuous emissions
monitoring system and follow the requirements specified in Sec.
60.5220(b). You must measure emissions according to Sec.  60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or
carbon dioxide). You must demonstrate initial compliance using a 24-
hour block average of these 1-hour arithmetic average emission
concentrations, calculated using Equation 19-19 in section 12.4.1 of
Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate
24-hour averages to determine compliance with the mercury emission
limit in Table 2 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan emission
limits in Table 2 to this subpart.
    (ii) Update your monitoring plan as specified in Sec.  60.4880(e).
For mercury continuous automated sampling systems, you must use
Performance Specification 12B of appendix B of part 75 and Procedure 1
of appendix F of this part.
    (4) If you use a continuous opacity monitoring system to
demonstrate compliance with an applicable emission or opacity limit in
paragraph (b)(1) of this section, you must use the continuous opacity
monitoring system and follow the requirements specified in Sec.
60.5220(b). You must measure emissions and calculate 6-minute averages
as specified in Sec.  60.13(h)(1). Using these 6-minute averages, you
must calculate 1-hour block average opacity values. You must
demonstrate initial compliance using the arithmetic average of three 1-
hour block averages.
    (5) Except as provided in paragraph (e) of this section, you must
complete your periodic performance evaluations required in your
monitoring plan for any continuous emissions monitoring systems,
continuous opacity monitoring systems, and continuous automated
sampling systems, according to the schedule specified in your
monitoring plan. If you were previously determining compliance by
conducting an annual performance test, you must complete the initial
performance evaluation required under your monitoring plan in Sec.
60.5200 for the continuous monitoring system within 60 days of
notification to the Administrator of use of the continuous emissions
monitoring system, continuous opacity monitoring, or

continuous automated sampling system. Your performance evaluation must
be conducted using the procedures and acceptance criteria specified in
Sec.  60.5200(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic
equivalency emission limit in paragraph (a) or (b) of this section, you
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra-through
octachlorinated-congener emitted using Method 23 at 40 CFR part 60,
appendix A-7.
    (2) For each dioxin/furan (tetra-through octachlorinated) congener
measured in accordance with paragraph (c)(1) of this section, multiply
the congener concentration by its corresponding toxic equivalency
factor specified in Table 3 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (d) You must submit an annual compliance report as specified in
Sec.  60.5235(c). You must submit a deviation report as specified in
Sec.  60.5235(d) for each instance that you did not meet each emission
limit in Table 2 to this subpart.
    (e) If you demonstrate continuous compliance using a performance
test, as specified in paragraph (a) of this section, then the
provisions of this paragraph (e) apply. If a force majeure is about to
occur, occurs, or has occurred for which you intend to assert a claim
of force majeure, you must notify the Administrator in writing as
specified in Sec.  60.5235(g). You must conduct the performance test as
soon as practicable after the force majeure occurs. The Administrator
will determine whether or not to grant the extension to the performance
test deadline, and will notify you in writing of approval or
disapproval of the request for an extension as soon as practicable.
Until an extension of the performance test deadline has been approved
by the Administrator, you remain strictly subject to the requirements
of this subpart.

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

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

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

    (a) You must conduct an annual inspection of each air pollution