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342 For the reasons set out in the preamble, title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows:

PART 63   NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: Authority: 42 U. S. C. 7401 et seq. 2. The table of contents of part 63, subpart EEE, is amended by revising to read as follows: Subpart EEE   National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors GENERAL Sec. 63.1200 Who is subject to these regulations? 63.1201 Definitions and acronyms used in this subpart. 63.1202 [ Reserved]

EMISSIONS STANDARDS AND OPERATING LIMITS FOR INCINERATORS, CEMENT KILNS, AND LIGHTWEIGHT AGGREGATE KILNS 63.1203 What are the standards for hazardous waste incinerators? 63.1203A What are the replacement standards for hazardous waste incinerators? 63.1204 What are the standards for hazardous waste burning cement kilns? 63.1204A What are the replacement standards for hazardous waste burning cement kilns? 63.1205 What are the standards for hazardous waste burning lightweight aggregate kilns? 63.1205A What are the replacement standards for hazardous waste burning lightweight aggregate kilns?

MONITORING AND COMPLIANCE PROVISIONS 63.1206 When and how must you comply with the standards and operating requirements? 63.1207 What are the performance testing requirements? 63.1208 What are the test methods? 63.1209 What are the monitoring requirements?

NOTIFICATION, REPORTING AND RECORDKEEPING 63.1210 What are the notification requirements? 63.1211 What are the recordkeeping and reporting requirements? 63.1212 What are the other requirements pertaining to the NIC and associated progress reports?

OTHER 63.1213 How can the compliance date be extended to install pollution prevention or waste minimization controls? * OMB Review Draft*

343 63.1214 Implementation and enforcement. 63.1215 What are the alternative risk based standards for hydrogen chloride and chlorine gas?

EMISSIONS STANDARDS AND OPERATING LIMITS FOR SOLID FUEL FIRED BOILERS, LIQUID FUEL FIRED BOILERS, AND HYDROCHLORIC ACID PRODUCTION FURNANCES 63.1216 What are the standards for solid fuel fired boilers? 63.1217 What are the standards for liquid fuel fired boilers? 63.1218 What are the standards for hydrochloric acid production furnaces?

TABLE 1 TO SUBPART EEE OF PART 63   GENERAL PROVISIONS APPLICABLE TO SUBPART EEE APPENDIX A TO SUBPART EEE   QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS 3. Section 63.1200 is amended by revising the introductory text and paragraph ( a)( 2) to read as follows: § 63.1200 Who is subject to these regulations? The provisions of this subpart apply to all hazardous waste combustors: incinerators that burn hazardous waste, cement kilns that burn hazardous waste, lightweight aggregate kilns that burn hazardous waste, solid fuel fired boilers that burn hazardous waste, liquid fuel fired boilers that burn hazardous waste, and hydrochloric acid production furnaces that burn hazardous waste. Hazardous waste combustors are also subject to applicable requirements under parts 260 270 of this chapter. ( a) * * * ( 2) Both area sources and major sources subject to this subpart, but not previously subject to title V, are immediately subject to the requirement to apply for and obtain a title V permit in all States, and in areas covered by part 71 of this chapter. * * * * *

4. Section 63.201 is amended by revising the definition of " New source", and adding the definition of " Hydrochloric acid production furnace", " Liquid fuel fired boiler", and " Solid fuelfired boiler" to paragraph ( a) in alphabetical order to read as follows: § 63.1201 Definitions and acronyms used in this subpart. ( a) * * * Hydrochloric acid production furnace and HCl production furnace mean a halogen acid furnace defined in § 260.10 of this chapter that produces aqueous hydrochloric acid ( HCl) product and that burns hazardous waste at any time. * * * * * Liquid fuel fired boiler and liquid boiler mean a boiler defined in § 260.10 of this chapter * OMB Review Draft*

344 that does not burn solid fuels and that burns hazardous waste at any time. Liquid fuel fired boiler includes boilers that only burn gaseous fuels. * * * * * New source means any affected source the construction or reconstruction of which is commenced after the dates specified under § § 63.1206( a)( 1)( i)( B), ( a)( 1)( ii)( B), and ( a)( 2)( ii). * * * * * Solid fuel fired boiler and solid boiler mean a boiler defined in § 260.10 of this chapter that burns a solid fuel and that burns hazardous waste at any time. * * * * * 5. Section 63.1203A is added to read as follows: § 63.1203A What are the replacement standards for hazardous waste incinerators? ( a) Emission limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1)( i) Dioxin and furan in excess of 0.28 ng TEQ/ dscm corrected to 7 percent oxygen for incinerators equipped with either a waste heat boiler or dry air pollution control system; or ( ii) Dioxin and furan in excess of 0.40 ng TEQ/ dscm corrected to 7 percent oxygen for sources not equipped with either a waste heat boiler or dry air pollution control system; ( iii) A source equipped a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed a wet air pollution control system is considered to be a dry air pollution control system for purposes of this emission limit; ( 2) Mercury in excess of 130 ug/ dscm corrected to 7 percent oxygen; ( 3) Cadmium and lead in excess of 59 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 4) Arsenic, beryllium, and chromium in excess of 84 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Hydrogen chloride and chlorine gas ( total chlorine) in excess of 1.5 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Except as provided by paragraph ( e)( 2), particulate matter in excess of 34 mg/ dscm * OMB Review Draft*

345 corrected to 7 percent oxygen. ( b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1)( i) Dioxin and furans in excess of 0.11 ng TEQ/ dscm corrected to 7 percent oxygen for incinerators equipped with either a waste heat boiler or dry air pollution control system; or ( ii) Dioxin and furans in excess of 0.20 ng TEQ/ dscm corrected to 7 percent oxygen for sources not equipped with either a waste heat boiler or dry air pollution control system; ( iii) A source equipped a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed a wet air pollution control system is considered to be a dry air pollution control system for purposes of this standard; ( 2) Mercury in excess of 8 ug/ dscm corrected to 7 percent oxygen; ( 3) Cadmium and lead in excess of 6.5 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 4) Arsenic, beryllium, and chromium in excess of 8.9 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( b)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Hydrogen chloride and chlorine gas in excess of 0.18 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Except as provided by paragraph ( e)( 3), particulate matter in excess of 1.6 mg/ dscm corrected to 7 percent oxygen. ( c) Destruction and removal efficiency ( DRE) standard. ( 1) 99.99% DRE. Except as provided in paragraph ( c)( 2) of this section, you must achieve a destruction and removal efficiency ( DRE) of 99.99% for each principle organic hazardous constituent ( POHC) designated under paragraph ( c)( 3) of this section. You must calculate DRE for each POHC from the following equation: DRE = [ 1  ( W out / W in)] x 100% Where: W in = mass feedrate of one POHC in a waste feedstream; and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the * OMB Review Draft*

346 atmosphere. ( 2) 99.9999% DRE. If you burn the dioxin listed hazardous wastes F020, F021, F022, F023, F026, or F027 ( see § 261.31 of this chapter), you must achieve a DRE of 99.9999% for each POHC that you designate under paragraph ( c)( 3) of this section. You must demonstrate this DRE performance on POHCs that are more difficult to incinerate than tetra, penta, and hexachlorodibenzo p dioxins and dibenzofurans. You must use the equation in paragraph ( c)( 1) of this section to calculate DRE for each POHC. In addition, you must notify the Administrator of your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027. ( 3) Principal organic hazardous constituent ( POHC). ( i) You must treat each POHC in the waste feed that you specify under paragraph ( c)( 3)( ii) of this section to the extent required by paragraphs ( c)( 1) and ( c)( 2) of this section. ( ii) You must specify one or more POHCs from the list of hazardous air pollutants established by 42 U. S. C. 7412( b)( 1), excluding caprolactam ( CAS number 105602) as provided by § 63.60, for each waste to be burned. You must base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses or other data and information. ( d) Significant figures. The emission limits provided by paragraphs ( a) and ( b) of this section are presented with two significant figures. Although you must perform intermediate calculations using at least three significant figures, you may round the resultant emission levels to two significant figures to document compliance. ( e) Alternative to the particulate matter standard for incinerators. ( i) General. In lieu of complying with the applicable particulate matter standards of paragraphs ( a)( 7) and ( b)( 7) of this section, you may elect to comply with the following alternative metal emission control requirements: ( ii) Alternative metal emission control requirements for existing sources. ( A) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain cadmium, lead, and selenium in excess of 59 ug/ dscm, combined emissions, corrected to 7 percent oxygen; and, ( B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 84 ug/ dscm, combined emissions, corrected to 7 percent oxygen. ( iii) Alternative metal emission control requirements for new sources. ( A) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain cadmium, lead, and selenium in excess of 6.5/ dscm, combined emissions, corrected to 7 percent oxygen; and, ( B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 8.9 ug/ dscm, combined emissions, corrected to 7 percent oxygen. 6. Section 63.1204A is added to read as follows: § 63.1204A What are the replacement standards for hazardous waste burning cement kilns? ( a) Emission limits for existing sources. You must not discharge or cause combustion * OMB Review Draft*

347 gases to be emitted into the atmosphere that contain: ( 1)( i) Dioxin and furan in excess of 0.20 ng TEQ/ dscm corrected to 7 percent oxygen; or ( ii) Dioxin and furan in excess of 0.40 ng TEQ/ dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial dry particulate matter control device is 400 ° F or lower based on the average of the test run average temperatures; ( 2) Mercury in excess of 64 ug/ dscm corrected to 7 percent oxygen; ( 3) In excess of 4.0 x 10 4 lbs combined emissions of cadmium and lead attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 4) In excess of 1.4 x 10 5 lbs combined emissions of arsenic, beryllium, and chromium attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 5) Carbon monoxide and hydrocarbons. ( i) For kilns equipped with a by pass duct or midkiln gas sampling system, either: ( A) Carbon monoxide in the by pass duct or mid kiln gas sampling system in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( i)( B) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons in the by pass duct or mid kiln gas sampling system do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( B) Hydrocarbons in the by pass duct or midkiln gas sampling system in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( ii) For kilns not equipped with a by pass duct or midkiln gas sampling system, either: ( A) Hydrocarbons in the main stack in excess of 20 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( B) Carbon monoxide in the main stack in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii)( A) of this section, you also must document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons in the main stack do not exceed 20 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. ( 6) Hydrogen chloride and chlorine gas in excess of 110 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis, corrected to 7 percent oxygen; and * OMB Review Draft*

348 ( 7) Particulate matter in excess of 65 mg/ dscm corrected to 7 percent oxygen. ( b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1)( i) Dioxin and furan in excess of 0.20 ng TEQ/ dscm corrected to 7 percent oxygen; or ( ii) Dioxin and furan in excess of 0.40 ng TEQ/ dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial dry particulate matter control device is 400 ° F or lower based on the average of the test run average temperatures; ( 2) Mercury in excess of 35 ug/ dscm corrected to 7 percent oxygen; ( 3) In excess of 6.2 x 10 5 lbs combined emissions of cadmium and lead attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 4) In excess of 1.4 x 10 5 lbs combined emissions of arsenic, beryllium, and chromium attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 5) Carbon monoxide and hydrocarbons. ( i) For kilns equipped with a by pass duct or midkiln gas sampling system, carbon monoxide and hydrocarbons emissions are limited in both the bypass duct or midkiln gas sampling system and the main stack as follows: ( A) Emissions in the by pass or midkiln gas sampling system are limited to either: ( 1) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( b)( 5)( i)( A)( 2) of this section, you also must document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( 2) Hydrocarbons in the by pass duct or midkiln gas sampling system in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; and ( B) Hydrocarbons in the main stack are limited, if construction of the kiln commenced after April 19, 1996 at a plant site where a cement kiln ( whether burning hazardous waste or not) did not previously exist, to 50 parts per million by volume, over a 30 day block average ( monitored continuously with a continuous monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. ( ii) For kilns not equipped with a by pass duct or midkiln gas sampling system, hydrocarbons and carbon monoxide are limited in the main stack to either: ( A) Hydrocarbons not exceeding 20 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( B)( 1) Carbon monoxide not exceeding 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry * OMB Review Draft*

349 basis, corrected to 7 percent oxygen; and ( 2) Hydrocarbons not exceeding 20 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane at any time during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7); and ( 3) If construction of the kiln commenced after April 19, 1996 at a plant site where a cement kiln ( whether burning hazardous waste or not) did not previously exist, hydrocarbons are limited to 50 parts per million by volume, over a 30 day block average ( monitored continuously with a continuous monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. ( 6) Hydrogen chloride and chlorine gas in excess of 78 parts per million, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Particulate matter in excess of 13 mg/ dscm corrected to 7 percent oxygen. ( c) Destruction and removal efficiency ( DRE) standard. ( 1) 99.99% DRE. Except as provided in paragraph ( c)( 2) of this section, you must achieve a destruction and removal efficiency ( DRE) of 99.99% for each principle organic hazardous constituent ( POHC) designated under paragraph ( c)( 3) of this section. You must calculate DRE for each POHC from the following equation: DRE = [ 1  ( W out / W in)] x 100% Where: W in = mass feedrate of one POHC in a waste feedstream; and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. ( 2) 99.9999% DRE. If you burn the dioxin listed hazardous wastes F020, F021, F022, F023, F026, or F027 ( see § 261.31 of this chapter), you must achieve a DRE of 99.9999% for each POHC that you designate under paragraph ( c)( 3) of this section. You must demonstrate this DRE performance on POHCs that are more difficult to incinerate than tetra, penta, and hexachlorodibenzo p dioxins and dibenzofurans. You must use the equation in paragraph ( c)( 1) of this section to calculate DRE for each POHC. In addition, you must notify the Administrator of your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027. ( 3) Principal organic hazardous constituent ( POHC). ( i) You must treat each POHC in the waste feed that you specify under paragraph ( c)( 3)( ii) of this section to the extent required by paragraphs ( c)( 1) and ( c)( 2) of this section. ( ii) You must specify one or more POHCs from the list of hazardous air pollutants established by 42 U. S. C. 7412( b)( 1), excluding caprolactam ( CAS number 105602) as provided by § 63.60, for each waste to be burned. You must base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses or other data and information. ( d) Cement kilns with in line kiln raw mills. The provisions of § 63.1204( d) apply. ( 1) General. ( i) You must conduct performance testing when the raw mill is on line and when the mill is off line to demonstrate compliance with the emission standards, and you must establish separate * OMB Review Draft*

350 operating parameter limits under § 63.1209 for each mode of operation, except as provided by paragraph ( d)( 1)( iv) of this section. ( ii) You must document in the operating record each time you change from one mode of operation to the alternate mode and begin complying with the operating parameter limits for that alternate mode of operation. ( iii) You must establish rolling averages for the operating parameter limits anew ( i. e., without considering previous recordings) when you begin complying with the operating limits for the alternate mode of operation. ( iv) If your in line kiln raw mill has dual stacks, you may assume that the dioxin/ furan emission levels in the by pass stack and the operating parameter limits determined during performance testing of the by pass stack when the raw mill is off line are the same as when the mill is on line. ( 2) Emissions averaging. You may comply with the mercury, semivolatile metal, low volatile metal, and hydrochloric acid/ chlorine gas emission standards on a time weighted average basis under the following procedures: ( i) Averaging methodology. You must calculate the time weighted average emission concentration with the following equation: C total = { C mill off x ( T mill off /( T mill off + T mill on ))} + { C mill on x ( T mill on /( T mill off + T mill on ))} Where: C total = time weighted average concentration of a regulated constituent considering both raw mill on time and off time; C mill off = average performance test concentration of regulated constituent with the raw mill offline C mill on = average performance test concentration of regulated constituent with the raw mill online T mill off = time when kiln gases are not routed through the raw mill; and T mill on = time when kiln gases are routed through the raw mill. ( ii) Compliance. ( A) If you use this emission averaging provision, you must document in the operating record compliance with the emission standards on an annual basis by using the equation provided by paragraph ( d)( 2) of this section. ( B) Compliance is based on one year block averages beginning on the day you submit the initial notification of compliance. ( iii) Notification. ( A) If you elect to document compliance with one or more emission standards using this emission averaging provision, you must notify the Administrator in the initial comprehensive performance test plan submitted under § 63.1207( e). ( B) You must include historical raw mill operation data in the performance test plan to estimate future raw mill down time and document in the performance test plan that estimated emissions and estimated raw mill down time will not result in an exceedance of an emission standard on an annual basis. ( C) You must document in the notification of compliance submitted under § 63.1207( j) that an emission standard will not be exceeded based on the documented emissions from the performance test and predicted raw mill down time. * OMB Review Draft*

351 ( e) Preheater or preheater/ precalciner kilns with dual stacks. ( 1) General. You must conduct performance testing on each stack to demonstrate compliance with the emission standards, and you must establish operating parameter limits under § 63.1209 for each stack, except as provided by paragraph ( d)( 1)( iv) of this section for dioxin/ furan emissions testing and operating parameter limits for the by pass stack of in line raw mills. ( 2) Emissions averaging. You may comply with the mercury, semivolatile metal, low volatile metal, and hydrochloric acid/ chlorine gas emission standards specified in this section on a gas flowrate weighted average basis under the following procedures: ( i) Averaging methodology. You must calculate the gas flowrate weighted average emission concentration using the following equation: C tot = { C main x ( Q main /( Q main + Q bypass))} + { C bypass x ( Q bypass / ( Q main + Q bypass))} Where: C tot = gas flowrate weighted average concentration of the regulated constituent; C main = average performance test concentration demonstrated in the main stack; C bypass = average performance test concentration demonstrated in the bypass stack; Q main = volumetric flowrate of main stack effluent gas; and Q bypass = volumetric flowrate of bypass effluent gas. ( ii) Compliance. ( A) You must demonstrate compliance with the emission standard( s) using the emission concentrations determined from the performance tests and the equation provided by paragraph ( e)( 1) of this section; and ( B) You must develop operating parameter limits for bypass stack and main stack flowrates that ensure the emission concentrations calculated with the equation in paragraph ( e)( 1) of this section do not exceed the emission standards on a 12 hour rolling average basis. You must include these flowrate limits in the Notification of Compliance. ( iii) Notification. If you elect to document compliance under this emissions averaging provision, you must: ( A) Notify the Administrator in the initial comprehensive performance test plan submitted under § 63.1207( e). The performance test plan must include, at a minimum, information describing the flowrate limits established under paragraph ( e)( 2)( ii)( B) of this section; and ( B) Document in the Notification of Compliance submitted under § 63.1207( j) the demonstrated gas flowrate weighted average emissions that you calculate with the equation provided by paragraph ( e)( 2) of this section. ( f) Significant figures. The emission limits provided by paragraphs ( a) and ( b) of this section are presented with two significant figures. Although you must perform intermediate calculations using at least three significant figures, you may round the resultant emission levels to two significant figures to document compliance. ( g) [ Reserved]. ( h) When you comply with the particulate matter requirements of paragraphs ( a)( 7) or ( b)( 7) of this section, you are exempt from the New Source Performance Standard for particulate matter and opacity under § 60.60 of this chapter. 7. Section 63.1205A is added to read as follows: § 63.1205A What are the replacement standards for hazardous waste burning * OMB Review Draft*

352 lightweight aggregate kilns? ( a) Emission limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1) Dioxins and furans in excess of 0.40 ng TEQ/ dscm corrected to 7 percent oxygen; ( 2) Mercury in excess of 67 ug/ dscm corrected to 7 percent oxygen; ( 3)( i) In excess of 3.1 x 10 4 lbs combined emissions of cadmium and lead attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; and ( ii) Lead and cadmium in excess of 250 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 4)( ii) In excess of 9.5 x 10 5 lbs combined emissions of arsenic, beryllium, and chromium attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; and ( ii) Arsenic, beryllium, and chromium in excess of 110 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 5) Carbon monoxide and hydrocarbons. ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii) of this section, you also must document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 20 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 20 parts per million by volume, over an hourly rolling average, dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Hydrogen chloride and chlorine gas in excess of 150 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Particulate matter in excess of 57 mg/ dscm corrected to 7 percent oxygen. ( b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1) Dioxins and furans in excess of 0.40 ng TEQ/ dscm corrected to 7 percent oxygen; ( 2) Mercury in excess of 67 ug/ dscm corrected to 7 percent oxygen; ( 3)( i) In excess of 2.4 x 10 5 lbs combined emissions of cadmium and lead attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; and ( ii) Lead and cadmium in excess of 43 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 4)( i) In excess of 3.2 x 10 5 lbs combined emissions of arsenic, beryllium, and chromium attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; and ( ii) Arsenic, beryllium, and chromium in excess of 110 ug/ dscm, combined emissions, corrected to 7 percent oxygen; * OMB Review Draft*

353 ( 5) Carbon monoxide and hydrocarbons. ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( b)( 5)( ii) of this section, you also must document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 20 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 20 parts per million by volume, over an hourly rolling average, dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Hydrogen chloride and chlorine gas in excess of 150 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Particulate matter in excess of 23 mg/ dscm corrected to 7 percent oxygen. ( c) Destruction and removal efficiency ( DRE) standard. ( 1) 99.99% DRE. Except as provided in paragraph ( c)( 2) of this section, you must achieve a destruction and removal efficiency ( DRE) of 99.99% for each principal organic hazardous constituent ( POHC) designated under paragraph ( c)( 3) of this section. You must calculate DRE for each POHC from the following equation: DRE = [ 1  ( W out / W in)] x 100% Where: W in = mass feedrate of one POHC in a waste feedstream; and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. ( 2) 99.9999% DRE. If you burn the dioxin listed hazardous wastes F020, F021, F022, F023, F026, or F027 ( see § 261.31 of this chapter), you must achieve a destruction and removal efficiency ( DRE) of 99.9999% for each POHC that you designate under paragraph ( c)( 3) of this section. You must demonstrate this DRE performance on POHCs that are more difficult to incinerate than tetra, penta, and hexachlorodibenzo dioxins and dibenzofurans. You must use the equation in paragraph ( c)( 1) of this section to calculate DRE for each POHC. In addition, you must notify the Administrator of your intent to burn hazardous wastes F020, F021, F022, F023, F026, or F027. ( 3) Principal organic hazardous constituents ( POHCs). ( i) You must treat each POHC in the waste feed that you specify under paragraph ( c)( 3)( ii) of this section to the extent required by paragraphs ( c)( 1) and ( c)( 2) of this section. ( ii) You must specify one or more POHCs from the list of hazardous air pollutants established by 42 U. S. C. 7412( b)( 1), excluding caprolactam ( CAS number 105602) as provided by § 63.60, for each waste to be burned. You must base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses or other data and information. ( d) Significant figures. The emission limits provided by paragraphs ( a) and ( b) of this * OMB Review Draft*

354 section are presented with two significant figures. Although you must perform intermediate calculations using at least three significant figures, you may round the resultant emission levels to two significant figures to document compliance. 8. Section 63.1206 is amended by: a. Revising paragraph ( a). b. Revising paragraphs ( b)( 1)( ii), ( b)( 6), ( b)( 7)( i)( A), ( b)( 9)( i) introductory text, ( b)( 10)( i) introductory text, ( b)( 11), ( b)( 13)( i) introductory text, and ( b)( 13)( ii). c. Revising paragraphs ( c)( 1)( i) introductory text and ( c)( 7)( ii) introductory text. d. Adding paragraphs ( c)( 7)( ii)( C) and ( c)( 7)( iii). The revisions and additions read as follows: § 63.1206 When and how must you comply with the standards and operating requirements? ( a) Compliance dates. ( 1) Compliance dates for incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste. ( i) Compliance date for standards under § § 63.1203, 63.1204, and 63.1205. ( A) Compliance dates for existing sources. You must comply with the emission standards under § § 63.1203, 63.1204, and 63.1205 and the other requirements of this subpart no later than the compliance date, September 30, 2003, unless the Administrator grants you an extension of time under § 63.6( i) or § 63.1213. ( B) New or reconstructed sources. ( 1) If you commenced construction or reconstruction of your hazardous waste combustor after April 19, 1996, you must comply with the emission standards under § § 63.1203, 63.1204, and 63.1205 and the other requirements of this subpart by the later of September 30, 1999 or the date the source starts operations, except as provided by paragraph ( a)( 1)( i)( B)( 2) of this section. The costs of retrofitting and replacement of equipment that is installed specifically to comply with this subpart, between April 19, 1996 and a source's compliance date, are not considered to be reconstruction costs. ( 2) For a standard under § § 63.1203, 63.1204, and 63.1205 that is more stringent than the standard proposed on April 19, 1996, you may achieve compliance no later than September 30, 2003 if you comply with the standard proposed on April 19, 1996 after September 30, 1999. This exception does not apply, however, to new or reconstructed area source hazardous waste combustors that become major sources after September 30, 1999. As provided by § 63.6( b)( 7), such sources must comply with the standards under § § 63.1203, 63.1204, and 63.1205 at startup. ( ii) Compliance date for standards under § § 63.1203A, 63.1204A, and 63.1205A. ( A) Compliance dates for existing sources. You must comply with the emission standards under § § 63.1203A, 63.1204A, and 63.1205A and the other requirements of this subpart no later than the compliance date, [ insert date three years after date of publication of the final rule in the Federal Register], unless the Administrator grants you an extension of time under § 63.6( i) or § 63.1213. ( B) New or reconstructed sources. ( 1) If you commenced construction or reconstruction of your hazardous waste combustor after [ insert date of publication of the proposed rule in the Federal Register], you must comply with the emission standards under § § 63.1203A, 63.1204A, and 63.1205A and the other requirements of this subpart by the later of [ insert date of publication of the final rule in the Federal Register] or the date the source starts operations, except as * OMB Review Draft*

355 provided by paragraph ( a)( 1)( ii)( B)( 2) of this section. The costs of retrofitting and replacement of equipment that is installed specifically to comply with this subpart, between [ insert date of publication in the Federal Register] and a source's compliance date, are not considered to be reconstruction costs. ( 2) For a standard under § § 63.1203A, 63.1204A, and 63.1205A that is more stringent than the standard proposed on [ insert date of publication in the Federal Register], you may achieve compliance no later than [ insert date three years after date of publication of the final rule in the Federal Register] if you comply with the standard proposed on [ insert date of publication in the Federal Register] after [ insert date of publication of the final rule in the Federal Register]. This exception does not apply, however, to new or reconstructed area source hazardous waste combustors that become major sources after [ insert date three years after date of publication of the final rule in the Federal Register]. As provided by § 63.6( b)( 7), such sources must comply with the standards under § § 63.1203A, 63.1204A and 63.1205A at startup. ( 2) Compliance dates for solid fuel fired boilers, liquid fuel fired boilers, and hydrogen chloride production furnaces that burn hazardous waste for standards under § § 63.1216, 63.1217, and 63.1218. ( i) Compliance date for existing sources. You must comply with the standards of this subpart no later than the compliance date, [ insert date three years after date of publication of the final rule in the Federal Register], unless the Administrator grants you an extension of time under § 63.6( i) or § 63.1213. ( ii) New or reconstructed sources. ( A) If you commenced construction or reconstruction of your hazardous waste combustor after [ insert date of publication of the proposed rule in the Federal Register], you must comply with this subpart by the later of [ insert date of publication of the final rule in the Federal Register] or the date the source starts operations, except as provided by paragraph ( a)( 2)( ii)( B) of this section. The costs of retrofitting and replacement of equipment that is installed specifically to comply with this subpart, between [ insert date of publication of the proposed rule in the Federal Register] and a source's compliance date, are not considered to be reconstruction costs. ( B) For a standard in the subpart that is more stringent than the standard proposed on [ insert date of publication of the proposed rule in the Federal Register], you may achieve compliance no later than [ insert date three years after date of publication of the final rule in the Federal Register] if you comply with the standard proposed on [ insert date of publication of the proposed rule in the Federal Register] after [ insert date of publication of the final rule in the Federal Register] This exception does not apply, however, to new or reconstructed area source hazardous waste combustors that become major sources after [ insert date three years after date of publication of the final rule in the Federal Register]. As provided by § 63.6( b)( 7), such sources must comply with this subpart at startup. ( 3) Early compliance. If you choose to comply with the emission standards of this subpart prior to the dates specified in paragraphs ( a)( 1) and ( a)( 2) of this section, your compliance date is the earlier of the date you postmark the Notification of Compliance under § 63.1207( j)( 1) or the dates specified in paragraphs ( a)( 1) and ( a)( 2) of this section. ( b) * * * ( 1) * * * * OMB Review Draft*

356 ( ii) When hazardous waste is not in the combustion chamber ( i. e., the hazardous waste feed to the combustor has been cut off for a period of time not less than the hazardous waste residence time) and you have documented in the operating record that you are complying with all otherwise applicable requirements and standards promulgated under authority of sections 112 ( e. g., subparts LLL, NNNNN, DDDDD) or 129 of the Clean Air Act in lieu of the emission standards under § § 63.1203, 63.1203A, 63.1204, 63.1204A, 63.1205, 63.1205A, 63.1215, 63.1216, 63.1217, and 63.1218; the monitoring and compliance standards of this section and § § 63.1207 through 63.1209, except the modes of operation requirements of § 63.1209( q); and the notification, reporting, and recordkeeping requirements of § § 63.1210 through 63.1212. * * * * * ( 6) Compliance with the carbon monoxide and hydrocarbon emission standards. This paragraph applies to sources that elect to comply with the carbon monoxide and hydrocarbon emissions standards of this subpart by documenting continuous compliance with the carbon monoxide standard using a continuous emissions monitoring system and documenting compliance with the hydrocarbon standard during the destruction and removal efficiency ( DRE) performance test or its equivalent. * * * * * ( 7) * * * ( i) * * * ( A) You must document compliance with the Destruction and Removal Efficiency ( DRE) standard under this subpart only once provided that you do not modify the source after the DRE test in a manner that could affect the ability of the source to achieve the DRE standard. * * * * * ( 9) * * * ( i) You may petition the Administrator to recommend alternative semivolatile metal, low volatile metal, mercury, or hydrogen chloride/ chlorine gas emission standards under § 63.1205 if: * * * * * ( 10) * * * ( i) You may petition the Administrator to recommend alternative semivolatile metal, low volatile metal, mercury, or hydrogen chloride/ chlorine gas emission standards under § 63.1204 if: * * * * * ( 11) Calculation of hazardous waste residence time. You must calculate the hazardous waste residence time and include the calculation in the performance test plan under § 63.1207( f) and the operating record. You must also provide the hazardous waste residence time in the Documentation of Compliance under § 63.1211( d) and the Notification of Compliance under § § 63.1207( j) and 63.1210( d). * * * * * ( 13) * * * ( i) Cement kilns that feed hazardous waste at a location other than the end where products are normally discharged and where fuels are normally fired must comply with the carbon monoxide and hydrocarbon standards of this subpart as follows: * * * * * ( ii) Lightweight aggregate kilns that feed hazardous waste at a location other than the end * OMB Review Draft*

357 where products are normally discharged and where fuels are normally fired must comply with the hydrocarbon standards of this subpart as follows: ( A) Existing sources must comply with the 20 parts per million by volume hydrocarbon standard of this subpart; ( B) New sources must comply with the 20 parts per million by volume hydrocarbon standard of this subpart. * * * * * ( c) * * * ( 1) * * * ( i) You must operate only under the operating requirements specified in the Documentation of Compliance under § 63.1211( d) or the Notification of Compliance under § § 63.1207( j) and 63.1210( d), except: * * * * * ( 7) * * * ( ii) Bag leak detection system requirements. If your combustor is equipped with a baghouse ( fabric filter), you must continuously operate a bag leak detection system that meets the specifications and requirements of paragraph ( c)( 7)( ii)( A) of this section and you must comply with the corrective measures requirements of paragraph ( c)( 7)( ii)( B) of this section. * * * * * ( C) Excessive exceedances notification. If you operate the combustor when the detector response exceeds the alarm set point more than 5 percent of the time during any 6 month block time period, you must submit a notification to the Administrator within 5 days that describes the causes of the exceedances and the revisions to the design, operation, or maintenance of the combustor or baghouse you are taking to minimize exceedances. ( iii) Particulate matter detection system requirements for electrostatic precipitators and ionizing wet scrubbers. If your combustor is equipped with an electrostatic precipitator or ionizing wet scrubber, and you elect not to establish under § 63.1209( m)( 1)( iv) site specific operating parameter limits that are linked to the automatic waste feed cutoff system under paragraph ( c)( 3) of this section, you must continuously operate a particulate matter detection system that meets the specifications and requirements of paragraph ( c)( 7)( iii)( A) of this section and you must comply with the corrective measures requirements of paragraph ( c)( 7)( iii)( B) of this section. ( A) Particulate matter detection system requirements( 1) The particulate matter detection system must be certified by the manufacturer to be capable of continuously detecting and recording particulate matter emissions at the loadings you expect to achieve during the comprehensive performance test; ( 2) The particulate matter detector shall provide output of relative or absolute particulate matter loadings; ( 3) The particulate matter detection system shall be equipped with an alarm system that will sound an audible alarm when an increase in relative or absolute particulate loadings is detected over the set point ( 4) You must install and operate the particulate matter detection system in a manner consistent with available written guidance from the U. S. Environmental Protection Agency or, in the absence of such written guidance, the manufacturer's written specifications and * OMB Review Draft*

358 recommendations for installation, operation, and adjustment of the system; ( 5) You must establish the alarm set point as the average detector response of the test run averages achieved during the comprehensive performance test demonstrating compliance with the particulate matter emission standard. You must comply with the alarm set point on a 6 hour rolling average, updated each hour with a one hour block average that is the average of the detector responses over each 15 minute block. ( 6) Where multiple detectors are required to monitor multiple control devices, the system's instrumentation and alarm system may be shared among the detectors. ( B) Particulate matter detection system corrective measures requirements. The operating and maintenance plan required by paragraph ( c)( 7)( i) of this section must include a corrective measures plan that specifies the procedures you will follow in the case of a particulate matter detection system alarm. The corrective measures plan must include, at a minimum, the procedures used to determine and record the time and cause of the alarm as well as the corrective measures taken to correct the control device malfunction or minimize emissions as specified below. Failure to initiate the corrective measures required by this paragraph is failure to ensure compliance with the emission standards in this subpart. ( 1) You must initiate the procedures used to determine the cause of the alarm within 30 minutes of the time the alarm first sounds; and ( 2) You must alleviate the cause of the alarm by taking the necessary corrective measure( s) which may include shutting down the combustor. ( C) Excessive exceedances notification. If you operate the combustor when the detector response exceeds the alarm set point more than 5 percent of the time during any 6 month block time period, you must submit a notification to the Administrator within 5 days that describes the causes of the exceedances and the revisions to the design, operation, or maintenance of the combustor or electrostatic precipitator or ionizing wet scrubber you are taking to minimize exceedances. 9. Section 63.1207 is amended by: a. Revising paragraph ( b)( 1). b. Revising paragraph ( c)( 1). c. Revising paragraphs ( e)( 2) and ( e)( 3)( iv). d. Revising paragraphs ( f)( 1)( ii)( D ), ( f)( 1)( xiii), and ( f)( 1)( xiv). e. Revising paragraphs ( j)( 1)( ii) and ( j)( 3). f. Revising paragraph ( l)( 1). g. Adding paragraph ( b)( 3). h. Adding paragraph ( c)( 3). i. Adding paragraph ( f)( 1)( xv). The revisions and additions read as follows: § 63.1207 What are the performance testing requirements? * * * * * ( b) * * * ( 1) Comprehensive performance test. You must conduct comprehensive performance tests to demonstrate compliance with the emission standards provided by the subpart, establish * OMB Review Draft*

359 limits for the operating parameters provided by § 63.1209, and demonstrate compliance with the performance specifications for continuous monitoring systems. * * * * * ( 3) One Time Dioxin/ Furan Test for Boilers Not Subject to a Numerical Dioxin/ Furan Standard. For boilers that are not subject to a numerical dioxin/ furan emission standard under § § 63.1216 and 63.1217 solid fuel fired boilers, and those liquid fuel fired boilers that are not equipped with a dry particulate matter control device you must conduct a one time emission test for dioxin/ furan under feed and operating conditions that are most likely to maximize dioxin/ furan emissions, similar to a dioxin/ furan compliance test. ( i) You must conduct the dioxin/ furan emissions test no later than the deadline for conducting the initial comprehensive performance test. ( ii) You may use dioxin/ furan emissions data from previous testing to meet this requirement, provided that: ( A) The testing was conducted under feed and operating conditions that are most likely to maximize dioxin/ furan emissions, similar to a dioxin/ furan compliance test; ( B) You have not changed the design or operation of the boiler in a manner that could significantly affect stack gas dioxin/ furan emission concentrations; and ( C) The data meet quality assurance objectives that may be determined on a site specific basis. ( iii) You may use dioxin/ furan emissions data from a boiler to represent emissions from another on site boiler in lieu of testing ( i. e., data in lieu of testing) if the design and operation, including fuels and hazardous waste feed, of the boilers are identical. ( iv) You must include the results of the one time dioxin/ furan emissions test with the results of the initial comprehensive performance test in the Notification of Compliance. ( v) You must repeat the dioxin/ furan emissions test if you change the design or operation of the source in a manner that may increase dioxin/ furan emissions. ( c) * * *( 1) Test date. Except as provided by paragraphs ( c)( 2) and ( c)( 3) of this section, you must commence the initial comprehensive performance test not later than six months after the compliance date. * * * * * ( 3) For incinerators, cement kilns, and lightweight aggregate kilns, you must commence the initial comprehensive performance test to demonstrate compliance with the standards under § § 63.1203A, 63.1204A, and 63.1205A not later than 12 months after the compliance date. * * * * * ( e) * * * ( 2) After the Administrator has approved the site specific test plan and CMS performance evaluation test plan, but no later than 60 calendar days before initiation of the test, you must make the test plans available to the public for review. You must issue a public notice to all persons on your facility/ public mailing list ( developed pursuant to 40 CFR § § 70.7( h), 71.11( d)( 3)( i)( E) and 124.10( c)( 1)( ix)) announcing the approval of the test plans and the location where the test plans are available for review. The test plans must be accessible to the public for 60 calendar days, beginning on the date that you issue your public notice. The location must be unrestricted and * OMB Review Draft*

360 provide access to the public during reasonable hours and provide a means for the public to obtain copies. The notification must include the following information at a minimum: ( i) The name and telephone number of the source's contact person; ( ii) The name and telephone number of the regulatory agency's contact person; ( iii) The location where the approved test plans and any necessary supporting documentation can be reviewed and copied; ( iv) The time period for which the test plans will be available for public review; and ( v) An expected time period for commencement and completion of the performance test and CMS performance evaluation test. ( 3) * * * ( iv) Public notice. At the same time that you submit your petition to the Administrator, you must notify the public ( e. g., distribute a notice to the facility/ public mailing list developed pursuant to 40 CFR § § 70.7( h), 71.11( d)( 3)( i)( E) and 124.10( c)( 1)( ix)) of your petition to waive a performance test. The notification must include all of the following information at a minimum: ( A) The name and telephone number of the source's contact person; ( B) The name and telephone number of the regulatory agency's contact person; ( C) The date the source submitted its site specific performance test plan and CMS performance evaluation test plans; and ( D) The length of time requested for the waiver. ( f) * * * ( 1) * * * ( ii) * * * ( D) The Administrator may approve on a case by case basis a hazardous waste feedstream analysis for organic hazardous air pollutants in lieu of the analysis required under paragraph ( f)( 1)( ii)( A) of this section if the reduced analysis is sufficient to ensure that the POHCs used to demonstrate compliance with the applicable DRE standards of this subpart continue to be representative of the organic hazardous air pollutants in your hazardous waste feedstreams; * * * * * ( xiii) For cement kilns with in line raw mills, if you elect to use the emissions averaging provision of this subpart, you must notify the Administrator of your intent in the initial ( and subsequent) comprehensive performance test plan, and provide the information required by the emission averaging provision; ( xiv) For preheater or preheater/ precalciner cement kilns with dual stacks, if you elect to use the emissions averaging provision of this subpart, you must notify the Administrator of your intent in the initial ( and subsequent) comprehensive performance test plan, and provide the information required by the emission averaging provision; ( xv) If you request to use Method 23 for dioxin/ furan you must provide the information required under § 63.1208( b)( 1)( i)( B); * * * * * ( j) * * * ( 1) * * * ( ii) Upon postmark of the Notification of Compliance, you must comply with all operating requirements specified in the Notification of Compliance in lieu of the limits specified in the * OMB Review Draft*

361 Documentation of Compliance required under § 63.1211( d). * * * * * ( 3) See § § 63.7( g), 63.9( h), and 63.1210( d) for additional requirements pertaining to the Notification of Compliance ( e. g., you must include results of performance tests in the Notification of Compliance). * * * * * ( l) Failure of performance test( 1) Comprehensive performance test. The provisions of this paragraph do not apply to the initial comprehensive performance test if you conduct the test prior to your compliance date. * * * * * 10. Section 63.1208 is amended by revising paragraphs ( b)( 1)( i) and ( b)( 5) to read as follows: § 63.1208 What are the test methods? * * * * * ( b) * * * ( 1) * * * ( i) To determine compliance with the emission standard for dioxins and furans, you must use: ( A) Method 0023A, Sampling Method for Polychlorinated Dibenzp p Dioxins and Polychlorinated Dibenzofurans emissions from Stationary Sources, EPA Publication SW 846, as incorporated by reference in paragraph ( a) of this section; or ( B) Method 23, provided in appendix A, part 60 of this chapter, except that for coal fired boilers, sources equipped with an activated carbon injection system, and other sources that the Administrator determines may emit carbonaceous particulate matter that may bias Method 23 results, you may use Method 23 only upon the Administrator's approval. In determining whether to grant approval to use Method 23, the Administrator may consider factors including whether dioxin/ furan are detected at levels substantially below the emission standard, and whether previous Method 0023 analyses detected low levels of dioxin/ furan in the front half. * * * * * ( 5) Hydrogen chloride and chlorine gas( i) Compliance with MACT standards. To determine compliance with the emission standard for hydrogen chloride and chlorine gas ( combined), you must use: ( A) Method 26/ 26A as provided in appendix A, part 60 of this chapter; or ( B) Methods 320 or 321 as provided in appendix A, part 60 of this chapter, or ASTM D 6735 01, Test Method for Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources Impinger Method to measure emissions of hydrogen chloride, and Method 26/ 26A to measure emissions of chlorine gas. ( ii) Compliance with risk based limits under § 63.1215. To demonstrate compliance with emission limits established under § 63.1215, you must use Methods 26/ 26A, 320, or 321, or ASTM D 6735 01, Test Method for Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources Impinger Method, except: ( A) For cement kilns and sources equipped with a dry acid gas scrubber, you must use Methods 320 or 321, or ASTM D 6735 01 to measure hydrogen chloride, and the back half, * OMB Review Draft*

362 caustic impingers of Method 26/ 26A to measure chlorine gas; and ( B) For incinerators, boilers, and lightweight aggregate kilns, you must use Methods 320 or 321, or ASTM D 6735 01 to measure hydrogen chloride, and Method 26/ 26A to measure total chlorine, and calculate chlorine gas by difference if: ( 1) The bromine/ chlorine ratio in feedstreams is greater than 5 percent; or ( 2) The sulfur/ chlorine ratio in feedstreams is greater than 50 percent. * * * * * 11. Section 63.1209 is amended by: a. Revising paragraphs ( a)( 1)( ii)( A), ( a)( 1)( iv)( D), and ( a)( 1)( v)( D). b. Revising paragraph ( f)( 1). c. Revising paragraph ( g)( 1). d. Revising paragraphs ( k)( 1)( i) and ( k)( 2)( i). e. Revising paragraph ( l)( 1). f. Revising paragraph ( m)( 1)( iv) introductory text. g. Revising paragraphs ( n) introductory text and ( n)( 2). h. Revising paragraph ( o) introductory text and ( o)( 1). i. Revisng paragraph ( q)( 1)( ii). The revisions read as follows: § 63.1209 What are the monitoring requirements? ( a) * * * ( 1) * * * ( ii) * * * ( A) You must maintain and operate each COMS in accordance with the requirements of § 63.8( c) except for the requirements under § 63.8( c)( 3). The requirements of § 63.1211( d) shall be complied with instead of § 63.8( c)( 3); and * * * * * ( iv) * * * ( D) To remain in compliance, all six minute block averages must not exceed the opacity standard. ( v) * * * ( D) To remain in compliance, all six minute block averages must not exceed the opacity standard. * * * * * ( f) * * * ( 1) Section 63.8( c)( 3). The requirements of § 63.1211( d), that requires CMSs to be installed, calibrated, and operational on the compliance date, shall be complied with instead of § 63.8( c)( 3). * * * * * ( g) * * * ( 1) Requests to use alternatives to operating parameter monitoring requirements. ( i) You may submit an application to the Administrator or State with an approved Title V program under this paragraph for approval of alternative operating parameter monitoring requirements to document compliance with the emission standards of this subpart. For requests to use additional * OMB Review Draft*

363 CEMS, however, you must use paragraph ( a)( 5) of this section and § 63.8( f). * * * * * ( k) * * * ( 1) * * * ( i) For sources other than a lightweight aggregate kiln, if the combustor is equipped with an electrostatic precipitator, baghouse ( fabric filter), or other dry emissions control device where particulate matter is suspended in contact with combustion gas, you must establish a limit on the maximum temperature of the gas at the inlet to the device on an hourly rolling average. You must establish the hourly rolling average limit as the average of the test run averages. * * * * * ( 2) * * * ( i) For sources other than cement kilns, you must measure the temperature of each combustion chamber at a location that best represents, as practicable, the bulk gas temperature in the combustion zone. You must document the temperature measurement location in the test plan you submit under § § 63.1207( e) and ( f); * * * * * ( l) Mercury. * * * ( 1) Feedrate of mercury. ( i) For incinerators, cement kilns, and lightweight aggregate kilns, when complying with the mercury emission standards under § § 63.1203, 63.1204, and 63.1205, and for solid fuel fired boilers, you must establish a 12 hour rolling average limit for the total feedrate of mercury in all feedstreams as the average of the test run averages. ( ii) For incinerators, cement kilns, and lightweight aggregate kilns, when complying with the mercury emission standards under § § 63.1203A, 63.1204A, and 63.1205A, you must establish an annual rolling average limit for the total feedrate of mercury in all feedstreams as follows: ( A) You must calculate a mercury system removal efficiency for each test run as [ 1  mercury emission rate ( g/ s) / mercury feedrate ( g/ s)], and calculate the average system removal efficiency of the test run averages, except if your source is not equipped with a control system that consistently and reproducibly controls mercury emissions, you must assume zero system removal efficiency. If emissions exceed the mercury emission standard, it is not a violation because compliance with these mercury emission standards, which are derived from normal emissions data, is based on compliance with the mercury feedrate limit on an annual rolling average. ( B) You must calculate the annual average mercury feedrate limit as the mercury emission standard ( ug/ m3) divided by the system removal efficiency. The feedrate limit is expressed as an emission concentration, ug mercury/ m3 of stack gas. ( C) You must comply with the emission concentration based annual average mercury feedrate limit by measuring the mercury feedrate ( g/ s) and the stack gas flowrate ( m3/ s) at least once a minute to calculate a 60 minute average emission concentration based feedrate as [ mercury feedrate ( g/ s) / gas flowrate ( m3/ s)]. ( D) You must calculate an annual rolling average mercury feedrate that is updated each hour. ( iii) For liquid fuel fired boilers, you must establish an annual rolling average hazardous waste mercury thermal concentration limit, as follows: * OMB Review Draft*

364 ( A) You must calculate a mercury system removal efficiency for each test run as [ 1  mercury emission rate ( g/ s) / mercury feedrate ( g/ s)], and calculate the average system removal efficiency of the test run averages, except if your source is not equipped with a control system that consistently and reproducibly controls mercury emissions, you must assume zero system removal efficiency. If emissions exceed the mercury emission standard, it is not a violation because compliance with the mercury emission standard, which is derived from normal emissions data, is based on compliance with the hazardous waste mercury thermal concentration limit on an annual rolling average. ( B) You must calculate the annual average hazardous waste mercury thermal concentration limit as the mercury emission standard ( lb/ MM Btu) divided by the system removal efficiency. The hazardous waste thermal concentration limit is expressed as: lb mercury in hazardous waste feedstreams per million Btu of hazardous waste. ( C) You must comply with the annual average hazardous waste mercury thermal concentration limit by measuring the feedrate of mercury in all hazardous waste feedstreams ( lb/ s) and the hazardous waste thermal feedrate ( MM Btu/ s) at least once a minute to calculate a 60 minute average thermal emission concentration as [ hazardous waste mercury feedrate ( g/ s) / hazardous waste thermal feedrate ( MM Btu/ s)]. ( D) You must calculate an annual rolling average hazardous waste mercury thermal concentration that is updated each hour. ( iv) Extrapolation of feedrate levels. In lieu of establishing mercury feedrate limits as specified in paragraphs ( l)( 1)( i iii) of this section, you may request as part of the performance test plan under § § 63.6( b) and ( c) and § § 63.1207 ( e) and ( f) to use the mercury feedrates and associated emission rates during the comprehensive performance test to extrapolate to higher allowable feedrate limits and emission rates. The extrapolation methodology will be reviewed and approved, as warranted, by the Administrator. The review will consider in particular whether: ( A) Performance test metal feedrates are appropriate ( i. e., whether feedrates are at least at normal levels; depending on the heterogeneity of the waste, whether some level of spiking would be appropriate; and whether the physical form and species of spiked material is appropriate); ( B) Whether the extrapolated feedrates you request are warranted considering historical metal feedrate data; and ( C) Whether you have interpreted the performance test results properly and the extrapolation procedure is appropriate for your source. * * * * * ( m) * * * ( 1) * * * ( iv) Other particulate matter control devices. For each particulate matter control device that is not a fabric filter or high energy wet scrubber, or is not an electrostatic precipitator or ionizing wet scrubber for which you elect to monitor particulate matter loadings under § 63.1206( c)( 7)( iii) of this chapter for process control, you must ensure that the control device is properly operated and maintained as required by § 63.1206( c)( 7) and by monitoring the operation of the control device as follows: * * * * * * OMB Review Draft*

365 ( n) Semivolatile metals and low volatile metals. * * * * * * * * ( 2) Maximum feedrate of semivolatile and low volatile metals. ( i) General. You must establish feedrate limits for semivolatile metals ( cadmium and lead) and low volatile metals ( arsenic, beryllium, and chromium) as follows, except as provided by paragraph ( n)( 2)( vii) of this section. ( ii) For incinerators, cement kilns, and lightweight aggregate kilns, when complying with the emission standards under § § 63.1203, 63.1203A, 63.1204, and 63.1205, and for solid fuelfired boilers, you must establish 12 hour rolling average limits for the total feedrate of semivolatile and low volatile metals in all feedstreams as the average of the test run averages and as specified in paragraph ( n)( 2)( iv) of this section. ( iii) For cement kilns, when complying with the emission standards under § 63.1204A, you must establish 12 hour rolling average feedrate limits for semivolatile and low volatile metals as the thermal concentration of semivolatile metals or low volatile metals in all hazardous waste feedstreams. You must calculate hazardous waste thermal concentrations for semivolatile metals and low volatile metals for each run as the total mass feedrate of semivolatile metals or low volatile metals for all hazardous waste feedstreams divided by the total heat input rate for all hazardous waste feedstreams. The 12 hour rolling average feedrate limits for semivolatile metals and low volatile metals are the average of the hazardous waste thermal concentrations for the runs. ( iv) Lightweight aggregate kilns under § 63.1205A. ( A) Existing sources. When complying with the emission standards under § 63.1205A, you must establish semivolatile metal and low volatile metal feedrate limits as 12 hour rolling average feedrate limits and 12 hour rolling average hazardous waste thermal concentrations as specified in paragraphs ( n)( 2)( ii and iii). You must comply with both feedrate limits for semivolatile metals and low volatile metals. ( B) New sources. When complying with the emission standards under § 63.1205A, you must establish semivolatile metal and low volatile metal feedrate limits as 12 hour rolling average hazardous waste thermal concentrations as specified in paragraphs ( n)( 2)( ii and iii). ( v) Liquid fuel fired boilers. ( A) For semivolatile metals, you must establish an annual rolling average hazardous waste thermal concentration limit, as follows: ( 1) You must calculate a semivolatile metals system removal efficiency for each test run as [ 1  semivolatile metals emission rate ( g/ s) / semivolatile metals feedrate ( g/ s)], and calculate the average system removal efficiency of the test run averages, except if your source is not equipped with a control system that consistently and reproducibly controls semivolatile metals emissions, you must assume zero system removal efficiency. If emissions exceed the semivolatile metals emission standard, it is not a violation because compliance with the semivolatile metals emission standard, which is derived from normal emissions data, is based on compliance with the semivolatile metals hazardous waste thermal concentration limit on an annual rolling average. ( 2) You must calculate the annual average hazardous waste semivolatile metals thermal concentration limit as the semivolatile metals emission standard ( lb/ MM Btu) divided by the system removal efficiency. The hazardous waste thermal concentration limit is expressed as: lb semivolatile metals in hazardous waste feedstreams per million Btu of hazardous waste. * OMB Review Draft*

366 ( 3) You must comply with the annual average hazardous waste semivolatile metals thermal concentration limit by measuring the feedrate of semivolatile metals in all hazardous waste feedstreams ( lb/ s) and the hazardous waste thermal feedrate ( MM Btu/ s) at least once a minute to calculate a 60 minute average thermal emission concentration as [ hazardous waste semivolatile metals feedrate ( g/ s) / hazardous waste thermal feedrate ( MM Btu/ s)]. ( 4) You must calculate an annual rolling average hazardous waste semivolatile metals thermal concentration that is updated each hour. ( B) For low volatile metals, you must establish 12 hour rolling average feedrate limits for chromium as the thermal concentration of chromium in all hazardous waste feedstreams. You must calculate a hazardous waste thermal concentration for chromium for each run as the total mass feedrate of chromium for all hazardous waste feedstreams divided by the total heat input rate for all hazardous waste feedstreams. The 12 hour rolling average feedrate limit for chromium is the average of the hazardous waste thermal concentrations for the runs. ( vi) LVM limits for pumpable wastes. You must establish separate feedrate limits for low volatile metals in pumpable feedstreams using the procedures prescribed above for total low volatile metals. Dual feedrate limits for both pumpable and total feedstreams are not required, however, if you base the total feedrate limit solely on the feedrate of pumpable feedstreams. ( vii) Extrapolation of feedrate levels. In lieu of establishing feedrate limits as specified in paragraphs ( l)( 1)( i iii) of this section, you may request as part of the performance test plan under § § 63.6( b) and ( c) and § § 63.1207 ( e) and ( f) to use the semivolatile metal and low volatile metal feedrates and associated emission rates during the comprehensive performance test to extrapolate to higher allowable feedrate limits and emission rates. The extrapolation methodology will be reviewed and approved, as warranted, by the Administrator. The review will consider in particular whether: ( A) Performance test metal feedrates are appropriate ( i. e., whether feedrates are at least at normal levels; depending on the heterogeneity of the waste, whether some level of spiking would be appropriate; and whether the physical form and species of spiked material is appropriate); ( B) Whether the extrapolated feedrates you request are warranted considering historical metal feedrate data; and ( C) Whether you have interpreted the performance test results properly and the extrapolation procedure is appropriate for your source. * * * * * ( o) Hydrogen chloride and chlorine gas. * * * ( 1) Feedrate of total chlorine and chloride. ( i) Incinerators, cement kilns, lightweight aggregate kilns, solid fuel fired boilers, and hydrochloric acid production furnaces. You must establish 12 hour rolling average limit for the total feedrate of chlorine ( organic and inorganic) in all feedstreams as the average of the test run averages. ( ii) Liquid fuel fired boilers. You must establish a 12 hour rolling average limit for the feedrate of chlorine ( organic and inorganic) as the thermal concentration of chlorine in all hazardous waste feedstreams. You must calculate a hazardous waste thermal concentration for chlorine for each run as the total mass feedrate of chlorine for all hazardous waste feedstreams divided by the total heat input rate for all hazardous waste feedstreams. The 12 hour rolling * OMB Review Draft*

367 average feedrate limit chlorine is the average of the hazardous waste thermal concentrations for the runs. * * * * * ( q) * * * ( 1) * * * ( ii) You must specify ( e. g., by reference) the otherwise applicable requirements as a mode of operation in your Documentation of Compliance under § 63.1211( d), your Notification of Compliance under § 63.1207( j), and your title V permit application. These requirements include the otherwise applicable requirements governing emission standards, monitoring and compliance, and notification, reporting, and recordkeeping. * * * * * 12. Section 63.1210 is amended by: a. Revising the table in paragraph ( a)( 1) and the table in paragraph ( a)( 2). b. Redesignating paragraph ( b) as ( d). c. Adding new paragraph ( b). d. Adding new paragraph ( c). The revisions and additions read as follows: § 63.1210 What are the notification requirements? * * * * * ( a) * * * ( 1) * * *

Reference Notification ( 1) 63.9( b) Initial notifications that you are subject to Subpart EEE of this Part.

( 2) 63.9( d) Notification that you are subject to special compliance requirements.

( 3) 63.9( j) Notification and documentation of any change in information already provided under § 63.9.

( 4) 63.1206( b)( 5)( i) Notification of changes in design, operation, or maintenance.

( 5) 63.1206( c)( 7)( ii)( C) Notification of excessive bag leak detection system exceedances.

( 6) 63.1207( e), 63.9( e) 63.9( g)( 1) and ( 3) Notification of performance test and continuous monitoring system evaluation, including the performance test plan and CMS performance evaluation plan. 1 * OMB Review Draft*

368 ( 7) 63.1210( d), 63.1207( j), 63.1207( k), 63.1207( l), 63.9( h), 63.10( d)( 2), 63.10( e)( 2) Notification of compliance, including results of performance tests and continuous monitoring system performance evaluations.

1 You may also be required on a case by case basis to submit a feedstream analysis plan under § 63.1209( c)( 3).

( 2) * * *

Reference Notification, Request, Petition, or Application ( 1) 63.9( i) You may request an adjustment to time periods or postmark deadlines for submittal and review of required information.

( 2) 63.10( e)( 3)( ii) You may request to reduce the frequency of excess emissions and CMS performance reports.

( 3) 63.10( f) You may request to waive recordkeeping or reporting requirements.

( 4) 63.1204( d)( 2)( iii) 63.1204A( d)( 2)( iii) Notification that you elect to comply with the emission averaging requirements for cement kilns with in line raw mills.

( 5) 63.1204( e)( 2)( iii), 63.1204A( e)( 2)( iii) Notification that you elect to comply with the emission averaging requirements for preheater or preheater/ precalciner kilns with dual stacks.

( 6) 63.1206( b)( 4), 63.1213, 63.6( i), 63.9( c) You may request an extension of the compliance date for up to one year.

( 7) 63.1206( b)( 5)( i)( C) You may request to burn hazardous waste for more than 720 hours and for purposes other than testing or pretesting after a making a change in the design or operation that could affect compliance with emission standards and prior to submitting a revised Notification of Compliance.

( 8) 63.1206( b)( 8)( iii)( B) If you elect to conduct particulate matter CEMS correlation testing and wish to have federal particulate matter and opacity standards and associated operating limits waived during the testing, you must notify the Administrator by submitting the correlation test plan for review and approval.

( 9) 63.1206( b)( 8)( v) You may request approval to have the particulate matter and opacity standards and associated operating limits and conditions waived for more than 96 hours for a correlation test.

( 10) 63.1206( b)( 9) Owners and operators of lightweight aggregate kilns may request approval of alternative emission standards for mercury, semivolatile metal, low volatile metal, and hydrochloric acid/ chlorine gas under certain conditions. * OMB Review Draft*

369 ( 11) 63.1206( b)( 10) Owners and operators of cement kilns may request approval of alternative emission standards for mercury, semivolatile metal, low volatile metal, and hydrochloric acid/ chlorine gas under certain conditions.

( 12) 63.1206( b)( 14) Owners and operators of incinerators may elect to comply with an alternative to the particulate matter standard.

( 13) 63.1206( b)( 15) Owners and operators of cement and lightweight aggregate kilns may request to comply with the alternative to the interim standards for mercury.

( 14) 63.1206( c)( 2)( ii)( C) You may request to make changes to the startup, shutdown, and malfunction plan.

( 15) 63.1206( c)( 5)( i)( C) You may request an alternative means of control to provide control of combustion system leaks.

( 16) 63.1206( c)( 5)( i)( D) You may request other techniques to prevent fugitive emissions without use of instantaneous pressure limits.

( 17) 63.1207( c)( 2) You may request to base initial compliance on data in lieu of a comprehensive performance test.

( 18) 63.1207( d)( 3) You may request more than 60 days to complete a performance test if additional time is needed for reasons beyond your control.

( 19) 63.1207( e)( 3), 63.7( h) You may request a time extension if the Administrator fails to approve or deny your test plan.

( 20) 63.1207( h)( 2) You may request to waive current operating parameter limits during pretesting for more than 720 hours.

( 21) 63.1207( f)( 1)( ii)( D) You may request a reduced hazardous waste feedstream analysis for organic hazardous air pollutants if the reduced analysis continues to be representative of organic hazardous air pollutants in your hazardous waste feedstreams.

( 22) 63.1207( g)( 2)( v) You may request to operate under a wider operating range for a parameter during confirmatory performance testing.

( 23) 63.1207( i) You may request up to a one year time extension for conducting a performance test ( other than the initial comprehensive performance test) to consolidate testing with other state or federally required testing.

( 24) 63.1207( j)( 4) You may request more than 90 days to submit a Notification of Compliance after completing a performance test if additional time is needed for reasons beyond your control.

( 25) 63.1207( l)( 3) After failure of a performance test, you may request to burn hazardous waste for more than 720 hours and for purposes other than testing or pretesting.

( 26) 63.1209( a)( 5), 63.8( f) You may request: ( 1) approval of alternative monitoring methods for compliance with standards that are monitored with a CEMS; and ( 2) approval to use a CEMS in lieu of operating parameter limits. * OMB Review Draft*

370 ( 27) 63.1209( g)( 1) You may request approval of: ( 1) alternatives to operating parameter monitoring requirements, except for standards that you must monitor with a continuous emission monitoring system ( CEMS) and except for requests to use a CEMS in lieu of operating parameter limits; or ( 2) a waiver of an operating parameter limit.

( 28) 63.1209( l)( 1) You may request to extrapolate mercury feedrate limits.

( 29) 63.1209( n)( 2) You may request to extrapolate semivolatile and low volatile metal feedrate limits.

( 30) 63.1211( e) You may request to use data compression techniques to record data on a less frequent basis than required by § 63.1209.

( b) Notification of intent to comply ( NIC). ( 1) You must prepare a Notification of Intent to Comply that includes all of the following information: ( i) General information: ( A) The name and address of the owner/ operator and the source; ( B) Whether the source is a major or an area source; ( C) Waste minimization and emission control technique( s) being considered; ( D) Emission monitoring technique( s) you are considering; ( E) Waste minimization and emission control technique( s) effectiveness; ( F) A description of the evaluation criteria used or to be used to select waste minimization and/ or emission control technique( s); and ( G) A general description of how you intend to comply with the emission standards of this subpart. ( ii) As applicable to each source, information on key activities and estimated dates for these activities that will bring the source into compliance with emission control requirements of this subpart. You must include all of the following key activities and dates in your NIC: ( A) The dates by which you will develop engineering designs for emission control systems or process changes for emissions; ( B) The date by which you will commit internal or external resources for installing emission control systems or making process changes for emission control, or the date by which you will issue orders for the purchase of component parts to accomplish emission control or process changes. ( C) The date by which you will submit construction applications; ( D) The date by which you will initiate on site construction, installation of emission control equipment, or process change; ( E) The date by which you will complete on site construction, installation of emission control equipment, or process change; and ( F) The date by which you will achieve final compliance. The individual dates and milestones listed in paragraphs ( b)( 1)( ii)( A) through ( F) of this section as part of the NIC are not requirements and therefore are not enforceable deadlines; the requirements of paragraphs ( b)( 1)( ii)( A) through ( F) of this section must be included as part of the NIC only to inform the public of your how you intend to comply with the emission standards of this subpart. * OMB Review Draft*

371 ( iii) A summary of the public meeting required under paragraph ( c) of this section; ( iv) If you intend to cease burning hazardous waste prior to or on the compliance date, you must include in your NIC a schedule of key dates for the steps to be taken to stop hazardous waste activity at your combustion unit. Key dates include the date for submittal of RCRA closure documents required under subpart G, part 264 of this chapter. ( 2) You must make a draft of the NIC available for public review no later than 30 days prior to the public meeting required under paragraph ( c)( 1) of this section. ( 3) You must submit the final NIC to the Administrator no later than one year following the effective date of the emission standards of this subpart. ( c) NIC public meeting and notice. ( 1) Prior to the submission of the NIC to the permitting agency, and no later than 10 months after the effective date of the emission standards of this subpart, you must hold at least one informal meeting with the public to discuss anticipated activities described in the draft NIC for achieving compliance with the emission standards of this subpart. You must post a sign in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses; ( 2) You must submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph ( b)( 1) of this section, and copies of any written comments or materials submitted at the meeting, to the Administrator as part of the final NIC, in accordance with paragraph ( b)( 1)( iii) of this section; ( 3) You must provide public notice of the NIC meeting at least 30 days prior to the meeting. You must provide public notice in all of the following forms: ( i) Newspaper advertisement. You must publish a notice in a newspaper of general circulation in the county or equivalent jurisdiction of your facility. In addition, you must publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdiction where such publication would be necessary to inform the affected public. You must publish the notice as a display advertisement. ( ii) Visible and accessible sign. You must post a notice on a clearly marked sign at or near the source. If you place the sign on the site of the hazardous waste combustor, the sign must be large enough to be readable from the nearest spot where the public would pass by the site. ( iii) Broadcast media announcement. You must broadcast a notice at least once on at least one local radio station or television station. ( iv) Notice to the facility mailing list. You must provide a copy of the notice to the facility mailing list in accordance with § 124.10( c)( 1)( ix) of this chapter. ( 4) You must include all of the following in the notices required under paragraph ( c)( 3) of this section: ( i) The date, time, and location of the meeting; ( ii) A brief description of the purpose of the meeting; ( iii) A brief description of the source and proposed operations, including the address or a map ( e. g., a sketched or copied street map) of the source location; ( iv) A statement encouraging people to contact the source at least 72 hours before the meeting if they need special access to participate in the meeting; * OMB Review Draft*

372 ( v) A statement describing how the draft NIC ( and final NIC, if requested) can be obtained; and ( vi) The name, address, and telephone number of a contact person for the NIC. 13. Section 63.1211 is amended by: a. Revising the table in paragraph ( b). b. Redesignating paragraphs ( c) and ( d) as ( d) and ( e). c. Adding new paragraph ( c). The revisions and additions read as follows: § 63.1211 What are the recordkeeping and reporting requirements? * * * * * ( b) * * *

Reference Document, Data, or Information ( 1) 63.1200, 63.10( b) and ( c) General. Information required to document and maintain compliance with the regulations of Subpart EEE, including data recorded by continuous monitoring systems ( CMS), and copies of all notifications, reports, plans, and other documents submitted to the Administrator.

( 2) 63.1204( d)( 1)( ii), 63.1204A( d)( 1)( ii) Documentation of mode of operation changes for cement kilns with in line raw mills.

( 3) 63.1204( d)( 2)( ii), 63.1204A( d)( 2)( ii) Documentation of compliance with the emission averaging requirements for cement kilns with in line raw mills.

( 4) 63.1204( e)( 2)( ii), 63.1204A( e)( 2)( ii) Documentation of compliance with the emission averaging requirements for preheater or preheater/ precalciner kilns with dual stacks.

( 5) 63.1206( b)( 1)( ii) If you elect to comply with all applicable requirements and standards promulgated under authority of the Clean Air Act, including Sections 112 and 129, in lieu of the requirements of Subpart EEE when not burning hazardous waste, you must document in the operating record that you are in compliance with those requirements.

( 6) 63.1206( b)( 5)( ii) Documentation that a change will not adversely affect compliance with the emission standards or operating requirements.

( 7) 63.1206( b)( 11) Calculation of hazardous waste residence time.

( 8) 63.1206( c)( 2) Startup, shutdown, and malfunction plan.

( 9) 63.1206( c)( 2)( v)( A) Documentation of your investigation and evaluation of excessive exceedances during malfunctions. * OMB Review Draft*

373 ( 10) 63.1206( c)( 3)( v) Corrective measures for any automatic waste feed cutoff that results in an exceedance of an emission standard or operating parameter limit.

( 11) 63.1206( c)( 3)( vii) Documentation and results of the automatic waste feed cutoff operability testing.

( 12) 63.1206( c)( 4)( ii) Emergency safety vent operating plan.

( 13) 63.1206( c)( 4)( iii) Corrective measures for any emergency safety vent opening.

( 14) 63.1206( c)( 5)( ii) Method used for control of combustion system leaks.

( 15) 63.1206( c)( 6) Operator training and certification program.

( 16) 63.1206( c)( 7)( i)( D) Operation and maintenance plan.

( 17) 63.1209( c)( 2) Feedstream analysis plan.

( 18) 63.1209( k)( 6)( iii), 63.1209( k)( 7)( ii), 63.1209( k)( 9)( ii), 63.1209( o)( 4)( iii) Documentation that a substitute activated carbon, dioxin/ furan formation reaction inhibitor, or dry scrubber sorbent will provide the same level of control as the original material.

( 19) 63.1209( k)( 7)( i)( C) Results of carbon bed performance monitoring.

( 20) 63.1209( q) Documentation of changes in modes of operation.

( 21) 63.1211( d) Documentation of compliance.

* * * * * ( c) Compliance progress reports associated with the notification of intent to comply. ( 1) General. Not later than two years following the effective date of the emission standards of this subpart, you must comply with the following, unless you comply with paragraph ( c)( 2)( ii) of this section: ( i) Develop engineering design for any physical modifications to the source needed to comply with the emission standards of this subpart; ( ii) Submit applicable construction applications to the Administrator; and ( iii) Document an internal or external commitment of resources, i. e., funds or personnel, to purchase, fabricate, and install any equipment, devices, and ancillary structures needed to comply with the emission standards and operating requirements of this subpart. * OMB Review Draft*

374 ( 2) Progress report. ( i) You must submit to the Administrator a progress report not later than two years following the effective date of the emission standards of this subpart, which contains information documenting that you have met the requirements of paragraph ( c)( 1) of this section and updates the information you previously provided in your NIC. This information will be used by the Administrator to determine if you have made adequate progress towards compliance with the emission standards of this subpart. In any evaluation of adequate progress, the Administrator may consider any delays in a source's progress caused by the time required to obtain necessary permits ( e. g., operating and construction permits or licenses) from governmental regulatory agencies when the sources have submitted timely and complete permit applications. ( ii) If you can comply with the emission standards and operating requirements of this subpart, without undertaking any of the activities described in paragraph ( c)( 1) of this section, you must submit a progress report documenting either: ( A) That you, at the time of the progress report, are in compliance with the emission standards and operating requirements; or ( B) The steps you will take to comply, without undertaking any of the activities listed in paragraphs ( c)( 1)( i) through ( c)( 1)( iii) of this section. ( 3) Schedule. ( i) You must include in the progress report a detailed schedule that lists key dates for all projects that will bring the source into compliance with the emission standards and operating requirements of this subpart for the time period between submission of the progress report and the compliance date of the emission standards and operating requirements of this subpart. ( ii) The schedule must contain anticipated or actual dates for all of the following: ( A) Bid and award dates, as necessary, for construction contracts and equipment supply contractors; ( B) Milestones such as ground breaking, completion of drawings and specifications, equipment deliveries, intermediate construction completions, and testing; ( C) The dates on which applications will be submitted for operating and construction permits or licenses; ( D) The dates by which approvals of any operating and construction permits or licenses are anticipated; and ( E) The projected date by which you expect to comply with the emission standards and operating requirements of this subpart. ( 4) Sources that intend to cease burning hazardous waste prior to or on the compliance date. ( i) If you indicated in your NIC your intent to cease burning hazardous waste and do so prior to submitting a progress report, you are exempt from the requirements of paragraphs ( c)( 1) through ( c)( 3) of this section. However, you must submit and include in your progress report the date on which you stopped burning hazardous waste and the date( s) you submitted, or plan to submit RCRA closure documents. ( ii) If you signify in the progress report, submitted not later than two years following the effective date of the emission standards of this subpart, your intention to cease burning hazardous waste, you must stop burning hazardous waste on or before the compliance date of the emission standards of this subpart. * OMB Review Draft*

375 * * * * * 14. Section 63.1212 is added to read as follows: § 63.1212 What are the other requirements pertaining to the NIC and associated progress report? ( a) Certification of intent to comply. ( 1) The Notice of Intent to Comply ( NIC) and Progress Report must contain the following certification signed and dated by an authorized representative of the source: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. ( 2) An authorized representative should be a responsible corporate officer ( for a corporation), a general partner ( for a partnership), the proprietor ( of a sole proprietorship), or a principal executive officer or ranking elected official ( for a municipality, State, Federal, or other public agency). ( b) Sources that begin burning hazardous waste after the effective date of the emission standards of this subpart. ( 1) If you begin to burn hazardous waste after the effective date of the emission standards of this subpart, but prior to nine months after the effective date of the emission standards of this subpart, you must comply with the requirements of § § 63.1206( a)( 2), 63.1210( b) and ( c), 63.1211( c), and paragraph ( a) of this section, and associated time frames for public meetings and document submittals. ( 2) If you intend to begin burning hazardous waste more than nine months after the effective date of the emission standards of this subpart, you must comply with the requirements of § § 63.1206( a)( 2), 63.1210( b) and ( c), 63.1211( c), and paragraph ( a) of this section prior to burning hazardous waste. In addition: ( i) You must make a draft NIC available to the public, notice the public meeting, conduct a public meeting, and submit a final NIC prior to burning hazardous waste; and ( ii) You must submit your progress report at the time you submit your final NIC. 15. Section 63.1214 is amended by revising paragraphs ( c)( 1), ( c)( 2), ( c)( 3), and ( c)( 4) to read as follows: § 63.1214 Implementation and enforcement. * * * * * ( c) * * * ( 1) Approval of alternatives to requirements in § § 63.1200, 63.1203, 63.1203A, 63.1204, 63.1204A, 63.1205, 63.1205A, 63.1206( a), 63.1215, 63.1216, 63.1217, and 63.1218. ( 2) Approval of major alternatives to test methods under § § 63.7( e)( 2)( ii) and ( f), 63.1208( b), and 63.1209( a)( 1), as defined in § 63.90, and as required in this subpart. ( 3) Approval of major alternatives to monitoring under § § 63.8( f) and 63.1209( a)( 5), as defined in § 63.90, and as required in this subpart. ( 4) Approval of major alternatives to recordkeeping and reporting under § § 63.10( f) and 63.1211( a) through ( d), as defined in § 63.90, and as required in this subpart. 16. Section § 63.1215 is added to read as follows: * OMB Review Draft*

376 § 63.1215 What are the alternative risk based standards for hydrogen chloride and chlorine gas? [ To be added]

17. Section 63.1216 is added to read as follows: § 63.1216 What are the standards for solid fuel fired boilers that burn hazardous waste? ( a) Emission limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1) For dioxin and furan, either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph ( a)( 5) of this section; ( 2) Mercury in excess of 10 ug/ dscm corrected to 7 percent oxygen; ( 3) Except for an area source as defined in § 63.2, cadmium and lead in excess of 170 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 4) Except for an area source as defined in § 63.2, arsenic, beryllium, and chromium in excess of 210 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Except for an area source as defined in § 63.2, hydrogen chloride and chlorine gas in excess of 110 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Except for an area source as defined in § 63.2, particulate matter in excess of 68 mg/ dscm corrected to 7 percent oxygen. ( b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1) For dioxin and furan, either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph ( b)( 5) of this section; ( 2) Mercury in excess of 10 ug/ dscm corrected to 7 percent oxygen; ( 3) Except for an area source as defined in § 63.2, cadmium and lead in excess of 170 ug/ dscm, combined emissions, corrected to 7 percent oxygen; ( 4) Except for an area source as defined in § 63.2, arsenic, beryllium, and chromium in excess of 190 ug/ dscm, combined emissions, corrected to 7 percent oxygen; * OMB Review Draft*

377 ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( b)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Except for an area source as defined in § 63.2, hydrogen chloride and chlorine gas in excess of 73 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; and ( 7) Except for an area source as defined in § 63.2, particulate matter in excess of 34 mg/ dscm corrected to 7 percent oxygen. ( c) Destruction and removal efficiency ( DRE) standard. ( 1) 99.99% DRE. Except as provided in paragraph ( c)( 2) of this section, you must achieve a DRE of 99.99% for each principle organic hazardous constituent ( POHC) designated under paragraph ( c)( 3) of this section. You must calculate DRE for each POHC from the following equation: DRE = [ 1

( Wout / Win)] X 100% Where: Win = mass feedrate of one POHC in a waste feedstream; and Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. ( 2) 99.9999% DRE. If you burn the dioxin listed hazardous wastes F020, F021, F022, F023, F026, or F027 ( see § 261.31 of this chapter), you must achieve a DRE of 99.9999% for each POHC that you designate under paragraph ( c)( 3) of this section. You must demonstrate this DRE performance on POHCs that are more difficult to incinerate than tetra, penta, and hexachlorodibenzo p dioxins and dibenzofurans. You must use the equation in paragraph ( c)( 1) of this section to calculate DRE for each POHC. In addition, you must notify the Administrator of your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027. ( 3) Principal organic hazardous constituents ( POHCs). ( i) You must treat the POHCs in the waste feed that you specify under paragraph ( c)( 3)( ii) of this section to the extent required by paragraphs ( c)( 1) and ( c)( 2) of this section. ( ii) You must specify one or more POHCs from the list of hazardous air pollutants established by 42 U. S. C. 7412( b)( 1), excluding caprolactam ( CAS number 105602) as provided by § 63.60, for each waste to be burned. You must base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses or other data and information. ( d) Significant figures. The emission limits provided by paragraphs ( a) and ( b) of this section are presented with two significant figures. Although you must perform intermediate * OMB Review Draft*

378 calculations using at least three significant figures, you may round the resultant emission levels to two significant figures to document compliance. 18. Section 63.1217 is added to read as follows: § 63.1217 What are the standards for liquid fuel fired boilers that burn hazardous waste? ( a) Emission limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1)( i) Dioxin and furan in excess of 0.40 ng TEQ/ dscm corrected to 7 percent oxygen for incinerators equipped with either a waste heat boiler or dry air pollution control system; or ( ii) Either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph ( a)( 5) of this section for sources not equipped with either a waste heat boiler or dry air pollution control system; ( iii) A source equipped a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed a wet air pollution control system is considered to be a dry air pollution control system for purposes of this emission limit; ( 2) Mercury in excess of 3.7 x 10 6 lbs mercury emissions attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 3) Except for an area source as defined in § 63.2, in excess of 1.1 x 10 5 lbs combined emissions of cadmium and lead attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 4) Except for an area source as defined in § 63.2, in excess of 1.1 x 10 4 lbs chromium emissions attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Except for an area source as defined in § 63.2, in excess of 2.5 x 10 2 lbs combined emissions of hydrogen chloride and chlorine gas attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; and ( 7) Except for an area source as defined in § 63.2 or as provided by paragraph ( e)( 2) of this section, particulate matter in excess of 59 mg/ dscm corrected to 7 percent oxygen. * OMB Review Draft*

379 ( b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1)( i) Dioxin and furan in excess of 0.015 ng TEQ/ dscm corrected to 7 percent oxygen for incinerators equipped with either a waste heat boiler or dry air pollution control system; or ( ii) Either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph ( a)( 5) of this section for sources not equipped with either a waste heat boiler or dry air pollution control system; ( iii) A source equipped a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed a wet air pollution control system is considered to be a dry air pollution control system for purposes of this emission limit; ( 2) In excess of 3.8 x 10 7 lbs mercury emissions attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 3) Except for an area source as defined in § 63.2, in excess of 4.3 x 10 6 lbs combined emissions of cadmium and lead attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 4) Except for an area source as defined in § 63.2, in excess of 3.6 x 10 5 lbs chromium emissions attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) Except for an area source as defined in § 63.2, in excess of 7.2 x 10 4 lbs combined emissions of hydrogen chloride and chlorine gas attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste; and ( 7) Except for an area source as defined in § 63.2 or as provided in paragraph ( e)( 3) of this section, particulate matter in excess of 9.8 mg/ dscm corrected to 7 percent oxygen. ( c) Destruction and removal efficiency ( DRE) standard. ( 1) 99.99% DRE. Except as provided in paragraph ( c)( 2) of this section, you must achieve a DRE of 99.99% for each principle organic hazardous constituent ( POHC) designated under paragraph ( c)( 3) of this section. You must calculate DRE for each POHC from the following equation: DRE = [ 1

( Wout / Win)] X 100% Where: Win = mass feedrate of one POHC in a waste feedstream; and * OMB Review Draft*

380 Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. ( 2) 99.9999% DRE. If you burn the dioxin listed hazardous wastes F020, F021, F022, F023, F026, or F027 ( see § 261.31 of this chapter), you must achieve a DRE of 99.9999% for each POHC that you designate under paragraph ( c)( 3) of this section. You must demonstrate this DRE performance on POHCs that are more difficult to incinerate than tetra, penta, and hexachlorodibenzo p dioxins and dibenzofurans. You must use the equation in paragraph ( c)( 1) of this section to calculate DRE for each POHC. In addition, you must notify the Administrator of your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027. ( 3) Principal organic hazardous constituents ( POHCs). ( i) You must treat the POHCs in the waste feed that you specify under paragraph ( c)( 3)( ii) of this section to the extent required by paragraphs ( c)( 1) and ( c)( 2) of this section. ( ii) You must specify one or more POHCs from the list of hazardous air pollutants established by 42 U. S. C. 7412( b)( 1), excluding caprolactam ( CAS number 105602) as provided by § 63.60, for each waste to be burned. You must base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses or other data and information. ( d) Significant figures. The emission limits provided by paragraphs ( a) and ( b) of this section are presented with two significant figures. Although you must perform intermediate calculations using at least three significant figures, you may round the resultant emission levels to two significant figures to document compliance. ( e) Alternative to the particulate matter standard for liquid fuel fired boilers. ( 1) General. In lieu of complying with the applicable particulate matter standards of paragraphs ( a)( 7) and ( b)( 7) of this section, you may elect to comply with the following alternative metal emission control requirements: ( 2) Alternative metal emission control requirements for existing sources. ( i) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain in excess of 1.1 x 10 5 lbs combined emissions of cadmium, lead, and selenium attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste, corrected to 7 percent oxygen; and, ( ii) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain in excess of 7.7 x 10 5 lbs combined emissions of antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste, corrected to 7 percent oxygen. ( 3) Alternative metal emission control requirements for new sources. ( i) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain in excess of 4.3 x 10 6 lbs combined emissions of cadmium, lead, and selenium attributable to the hazardous waste per million British thermal unit heat input from the hazardous waste, corrected to 7 percent oxygen; and, ( ii) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain in excess of 3.6 x 10 5 lbs combined emissions of antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel attributable to the hazardous waste per million British * OMB Review Draft*

381 thermal unit heat input from the hazardous waste, corrected to 7 percent oxygen. 19. Section 63.1218 is added to read as follows: § 63.1218 What are the standards for hydrochloric acid production furnaces that burn hazardous waste? ( a) Emission limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1) Dioxin and furan emissions in excess of 0.40 ng TEQ/ dscm, corrected to 7 percent oxygen; ( 2) For mercury, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section; ( 3) For lead and cadmium, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section; ( 4) For arsenic, beryllium, and chromium, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( a)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) For hydrogen chloride and chlorine gas, either: ( i) Emission in excess of 14 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; or ( ii) Emissions greater than the levels that would be emitted if the source is achieving a system removal efficiency ( SRE) of less than 99.9927 percent for total chlorine and chloride fed to the combustor. You must calculate SRE from the following equation: SRE = [ 1

( Cl out / Cl in)] X 100% Where: Cl in = mass feedrate of total chlorine or chloride in all feedstreams, reported as chloride; and Cl out = mass emission rate of hydrogen chloride and chlorine gas, reported as chloride, in exhaust emissions prior to release to the atmosphere. ( 7) For particulate matter, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section. ( b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: ( 1) Dioxin and furan emissions in excess of 0.40 ng TEQ/ dscm, corrected to 7 percent oxygen; * OMB Review Draft*

382 ( 2) For mercury, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section; ( 3) For lead and cadmium, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section; ( 4) For arsenic, beryllium, and chromium, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section; ( 5) For carbon monoxide and hydrocarbons, either: ( i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph ( b)( 5)( ii) of this section, you must also document that, during the destruction and removal efficiency ( DRE) test runs or their equivalent as provided by § 63.1206( b)( 7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or ( ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average ( monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; ( 6) For hydrochloric acid and chlorine gas, either: ( i) Emission in excess of 1.2 parts per million by volume, combined emissions, expressed as a chloride ( Cl()) equivalent, dry basis and corrected to 7 percent oxygen; or ( ii) Emissions greater than the levels that would be emitted if the source is achieving a system removal efficiency ( SRE) of less than 99.99937 percent for total chlorine and chloride fed to the combustor. You must calculate SRE from the following equation: SRE = [ 1

( Cl out / Cl in)] X 100% Where: Cl in = mass feedrate of total chlorine or chloride in all feedstreams, reported as chloride; and Cl out = mass emission rate of hydrogen chloride and chlorine gas, reported as chloride, in exhaust emissions prior to release to the atmosphere. ( 7) For particulate matter, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph ( a)( 6) of this section. ( c) Destruction and removal efficiency ( DRE) standard. ( 1) 99.99% DRE. Except as provided in paragraph ( c)( 2) of this section, you must achieve a DRE of 99.99% for each principle organic hazardous constituent ( POHC) designated under paragraph ( c)( 3) of this section. You must calculate DRE for each POHC from the following equation: DRE = [ 1

( Wout / Win)] X 100% Where: Win = mass feedrate of one POHC in a waste feedstream; and Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. ( 2) 99.9999% DRE. If you burn the dioxin listed hazardous wastes F020, F021, F022, F023, F026, or F027 ( see § 261.31 of this chapter), you must achieve a DRE of 99.9999% for each POHC that you designate under paragraph ( c)( 3) of this section. You must demonstrate this DRE performance on POHCs that are more difficult to incinerate than tetra, penta, and * OMB Review Draft*

383 hexachlorodibenzo p dioxins and dibenzofurans. You must use the equation in paragraph ( c)( 1) of this section to calculate DRE for each POHC. In addition, you must notify the Administrator of your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027. ( 3) Principal organic hazardous constituents ( POHCs). ( i) You must treat the POHCs in the waste feed that you specify under paragraph ( c)( 3)( ii) of this section to the extent required by paragraphs ( c)( 1) and ( c)( 2) of this section. ( ii) You must specify one or more POHCs from the list of hazardous air pollutants established by 42 U. S. C. 7412( b)( 1), excluding caprolactam ( CAS number 105602) as provided by § 63.60, for each waste to be burned. You must base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses or other data and information. ( d) Significant figures. The emission limits provided by paragraphs ( a) and ( b) of this section are presented with two significant figures. Although you must perform intermediate calculations using at least three significant figures, you may round the resultant emission levels to two significant figures to document compliance. PART 264   STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 1. The authority citation for part 264 continues to read as follows: Authority: 42 U. S. C. 6905, 6912( a), 6924, 6925, 6927, 6928( h), and 6974. 2. Section 264.340 is amended by revising the first sentence of paragraph ( b)( 1) and adding paragraph ( b)( 5) to read as follows: § 264.340 Applicability. * * * * * ( b) * * * ( 1) Except as provided by paragraphs ( b)( 2) through ( b)( 5) of this section, the standards of this part no longer apply when an owner or operator demonstrates compliance with the maximum achievable control technology ( MACT) requirements of part 63, subpart EEE, of this chapter by conducting a comprehensive performance test and submitting to the Administrator a Notification of Compliance under § § 63.1207( j) and 63.1210( d) of this chapter documenting compliance with the requirements of part 63, subpart EEE, of this chapter. * * * * * * * * ( 5) The particulate matter standard of § 264.343( c) remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard of § 63.1203A( e) of this chapter. * * * * * PART 265   INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 1. The authority citation for part 265 continues to read as follows: Authority: 42 U. S. C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, and 6937. 2. Section 265.340 is amended by revising paragraph ( b)( 1) to read as follows: § 265.340 Applicability. * * * * * * OMB Review Draft*