information we currently have on these sludges, and the additional
information that the Agency needs before we could categorically list
these materials in section 241.4(a) as a non-waste fuel. If such
information is provided to the EPA, and after balancing the legitimacy
criteria with other relevant factors that the EPA believes that these
sludges are not solid wastes when combusted, the EPA is prepared to add
pulp and paper sludges to the list of non-waste fuels in section
241.4(a).
    Pulp and paper mill sludges, both primary and secondary, are
produced from the wastewater treatment of process effluents. In the
pulping and papermaking process, maximizing wood fiber recovery is
essential in making the process efficient and cost-effective. However,
there are fibers that end up being too short (fines) that can be
detrimental to paper quality and that inhibit the papermaking capacity
of the paper machine. Mills thoroughly clean and screen the wood fibers
to retain the suitable fibers and remove the excess fines. These fines
end up in the

wastewater stream and, eventually, in the sludge. Therefore, these
sludges, which are approximately 90-95 percent biomass on a dry weight
basis, are essentially no different than the biomass-based wood fibers
that enter the pulping or papermaking process, except that the fibers
are too short to be suitable for papermaking; these sludges also
contain microorganisms that feed on organic material in the wastewater
stream.
    The EPA compared the contaminant concentrations in pulp and paper
sludges to levels found in coal and untreated wood, since both these
traditional fuels can be burned in pulp and paper mills. As we
discussed in the preamble to the final NHSM rule, chlorine levels from
one set of pulp and paper sludge samples submitted in the public
comments had an arithmetic mean of 465 ppm, a median of 318 ppm, a
maximum level among mill means of 2,399 ppm, and a maximum among
individual analyses of 4,800 ppm (all on a dry weight basis). Other
samples had chlorine concentrations of between 1,050-4,800 ppm (dry
basis). When comparing information on pulp and paper sludge to the
information that we have compiled on coal, we found that chlorine
levels in coal are reported to be as high as 7,400 ppm, and that
average chlorine values for bituminous and sub-bituminous coal are
1,200 ppm and 140 ppm, respectively. Thus, the average chlorine levels
reported in most pulp and paper sludge are likely to be comparable with
average chlorine levels found in bituminous coal. We also determined
that the chlorine levels in pulp and paper sludge would be comparable
to untreated wood, given that untreated wood had chlorine levels as
high as 11,890 ppm.\59\ We note that there is one sample in the
submitted data set for a pulp and paper sludge that has a chlorine
concentration of 16,550 ppm. However, since this was the only sample
with such a high concentration of chlorine, we did not think that it
was representative of pulp and paper sludges generally. Since
promulgation of the 2011 NHSM final rule, EPA has received additional
contaminant data regarding these pulp and paper sludges from the forest
products industry, which demonstrate even more clearly that this one
sample is anomalous. Regarding chlorine levels in particular, the
forest products industry provided data for 93 samples of pulp and paper
sludges. This data set shows the mean value for chlorine to be 361 ppm,
with a standard deviation of 661 ppm, and a 90 percent confidence
interval at 1,217 ppm. We also determined that the levels of metals
were lower in pulp and paper sludges than in both untreated wood and
coal. Such data further support the conclusions outlined in the final
NHSM rule that, based on information received by the Agency, pulp and
paper sludge meets the contaminant legitimacy criterion (76 FR 15488).
---------------------------------------------------------------------------

    \59\ Since promulgation of the 2011 NHSM final rule, the EPA has
updated and reorganized its traditional fuel data to reflect data
supporting the 2011 Major Source Boiler final rule and the 2011
CISWI final rule, whereas the previous version of the paper relied
on data supporting the 2010 Major Source Boiler proposed rule and
the 2010 CISWI proposed rule. Contaminant data have also been
reorganized to better reflect revisions to the definition of
``contaminants'' and the contaminant legitimacy criterion in today's
proposed NHSM rule. The updated data can be found at http://www.epa.gov/epawaste/nonhaz/define/index. The Agency will update
this information as appropriate.
---------------------------------------------------------------------------

    While pulp and paper sludges can have a heating value below 5,000
Btu/lb, pulp and paper mills typically improve the heating value
through dewatering. Data from the Boiler/CISWI database established for
those rules indicate that Btu/lb values exceeded 5,000 Btu/lb for pulp
and paper sludge measured on a dry weight basis. Thus, we believe that
pulp and paper sludges meet the meaningful heating value legitimacy
criterion when dewatered. Also, since pulp and paper sludges are
handled promptly (i.e., not stored for long periods of time and are
contained in storage units along with traditional fuels (such as wood
and bark) with minimal loss (similar to a valuable commodity), the EPA
believes that pulp and paper sludges are managed as a valuable
commodity (see 76 FR 15488-89, March 21, 2011).
    Thus, based on the current record, the EPA believes that these pulp
and paper sludges meet the legitimacy criteria and can be burned as a
non-waste fuel provided such combustion units are within the control of
the generator in accordance with section 241.3(b)(1).\60\ As noted in
section II. D., facilities are not required to test contaminant levels
to demonstrate such legitimacy, but rather, persons can use expert or
process knowledge, as well as data generated from similar facilities,
to make those determinations.
---------------------------------------------------------------------------

    \60\ We also note that pulp and paper sludges almost entirely
remain on-site and within the control of the generator when burned
as fuels. To the extent that pulp and paper sludges do not remain
within the control of the generator and are used as fuels, the
petition process established in 40 CFR 241.3(c) could apply to these
materials, as appropriate.
---------------------------------------------------------------------------

    To the extent industry and other commenters believe that these pulp
and paper sludges should be categorically listed in section 241.4(a),
they will need to provide the Agency with appropriate information, as
discussed later in this section. In such instances, the Agency can list
a NHSM as a non-waste fuel by balancing the legitimacy criteria and
such other relevant factors that the Administrator may identify.
    For example, the Agency is proposing to list categorically
resinated wood residuals as a non-waste fuel balancing the legitimacy
criteria with other relevant factors. These other additional factors
include, but are not limited to, whether the NHSM's use as a fuel has
been integrally tied to the industrial production process and the
extent to which the NHSM is consistent with that of a fuel product.
Specifically, as discussed in section II.D.3.b, we are relying on
information about the high Btu values, the fact that wood product
plants have been designed to specifically utilize these residuals that
the wood manufacturing process creates and without which they would not
be able to operate as designed, and information about how the materials
are managed off-site as an indication that these materials are not
being discarded.
    For pulp and paper sludges, we would need similar information to
support adding these materials to section 241.4(a). Specifically, the
types of information that would be particularly helpful include: (1)
Documentation of how the use of pulp and paper sludges that are used as
a fuel are integrated into the industrial production process and the
steps taken industry-wide to ensure that this NHSM is consistently used
as a legitimate fuel and is not discarded, including when transferred
to a different person for use as a fuel, (2) documentation on the
amount of pulp and paper sludges burned as a fuel (whether within the
control of the generator or outside the control of the generator), and
what determines which pulp and paper sludges are burned as a fuel, as
opposed to being land applied or disposed,\61\ (3) additional data
regarding the contaminant levels of the various HAP, such as chlorine
and metals, and what steps the industry has taken to ensure the quality
of these sludges when used as a fuel are consistent with that of fuel
product, (4) information on standard practices used to ensure that
these sludges have a meaningful heating value, including the types of
dewatering and other processing steps that these sludges are subject
to, as well as information on whether any pulp and paper sludges that
are burned as a fuel are done so without any processing,

including dewatering, and (5) when shipped to a different person for
use as a fuel, how these sludges are managed, including how they are
shipped, any processing that may occur, and how long these sludges are
typically stored prior to being burned as a fuel. If the information
that the EPA receives suggests that after a balancing of the legitimacy
criteria and any other relevant factors, such that when the facts are
viewed, as a whole, the sludges are non-waste fuels, the EPA will
consider adding pulp and paper sludge to the list of non-waste fuels in
40 CFR 241.4(a).
---------------------------------------------------------------------------

    \61\ The Agency's latest data indicate that between 20 and 25
percent of these pulp and paper sludge are burned as a fuel.
---------------------------------------------------------------------------

2. Coal Refuse
    Coal refuse is generated when coal is mined, and is comprised of
non-combustible rock with some attached carbon material that is not
easily separated due to its small size. The EPA`s Coal Refuse Materials
Characterization Paper indicates that there are 18 coal refuse plants
(Fossil Fuel Electric Power Generation-NAICS 221112), and 13 more that
use it as a secondary fuel, with bituminous coal as their primary fuel.
This paper did not provide an official estimate of the annual volume of
coal refuse that is generated, nor the amount that is stored in legacy
piles.
    In an August 15, 2011 letter to the Anthracite Region Independent
Power Producers Association (ARIPPA), EPA addressed industry concerns
about whether coal refuse from legacy piles, when used as a fuel in
combustion units, would be considered a solid waste under the non-
hazardous secondary materials (NHSM) rule. After reaffirming that EPA
has determined that currently-generated coal refuse is an alternative
fuel, EPA addressed coal refuse from legacy piles. While noting that
coal refuse from legacy piles ``* * * has clearly been discarded and is
a solid waste unless sufficiently processed into a new legitimate fuel
product,'' EPA also states that it has determined that such refuse is
processed no differently than currently generated coal refuse, and
therefore meets EPA`s requirements for processing under 40 CFR 241.2.
The EPA goes on to declare that post-processed coal refuse from legacy
piles meets the first two criteria for treatment as a non-waste fuel
when combusted: materials are managed in the same manner, and would
have similar heating values, as currently generated coal refuse, which
is a traditional fuel.
    The EPA then addresses the third criterion--whether the material
contains contaminants at levels comparable to or lower than traditional
fuels. The EPA affirms that because currently-generated coal refuse is
a traditional fuel, such fuel is the traditional fuel benchmark when
comparing contaminant levels with coal refuse found in legacy piles.
The EPA also notes that since legacy coal refuse is processed in the
same manner as currently-generated coal refuse, EPA expects that post-
processed coal refuse from legacy piles satisfies EPA`s contaminant
legitimacy criterion. Thus, post-processed coal refuse from legacy
piles are not being discarded when used as fuel and, therefore, we are
taking comment on specifically identifying them as a non-waste fuel in
Sec.  241.4.

F. Effect of This Proposed Rule on Other Programs

1. Clean Air Act
    During the 2011 NHSM final rulemaking, the EPA assessed the effects
of that final rule on other programs. See 76 FR 15545-15546. The
reconsideration proposals for the CISWI and boiler rules are consistent
with the proposed revisions. These proposed NHSM revisions resulted in
only minimal changes to the inventories for CISWI and boilers.
2. Subtitle C Hazardous Waste Program/Definition of Solid Waste Rule
    The result of this rule will have no effect on the RCRA subtitle C
hazardous waste program because it does not address hazardous waste.
The RCRA subtitle C hazardous waste federal program has a long
regulatory history in defining ``solid waste'' for purposes of the
hazardous waste regulations. However, the 40 CFR 261.2 definition of
solid waste explicitly applies only to wastes that also are hazardous
for purposes of the subtitle C regulations (see 40 CFR 261.1(b)(1)).
Section 129 of the CAA also specifically excludes subtitle C combustion
units from coverage under that section.
    Section 7003 of the RCRA gives the EPA the authority to compel
actions to abate conditions that may present an ``imminent and
substantial endangerment'' involving both solid and hazardous wastes.
The EPA uses this authority on a case-by-case basis. The Agency can
determine in a specific factual context whether a NHSM causes an
imminent and substantial endangerment to human health and the
environment. Also, RCRA sections 3007 and 3008 establish the EPA's
inspection and federal enforcement authority to address violations of
the subtitle C hazardous waste regulations. Nothing in this rule shall
impact the EPA's ability to act pursuant to RCRA sections 3007, 3008
and 7003. The rule also does not limit or otherwise affect the EPA's
ability to pursue potentially responsible persons under section 107 of
CERCLA for releases or threatened releases of hazardous substances.

G. State Authority

1. Relationship to State Programs
    This proposal does not change the relationship to state programs as
described in the 2011 NHSM final rule. Refer to section IX of the 2011
NHSM final rule (76 FR 15546) for the discussion on state authority
including: ``Applicability of State Solid Waste Definitions and
Beneficial Use Determinations'' and ``Clarifications on the
Relationship to State Programs.'' The Agency, however, would like to
reiterate a few points.
    Section 129 of the CAA states that the term ``solid waste'' shall
have the meaning ``established by the Administrator pursuant to
[RCRA].'' Consequently, the EPA issued the final NHSM rule to provide a
definition of ``solid waste'' under RCRA in order to determine which
NHSMs would be subject to the emissions standards under sections 112
and 129 of the CAA. In short, if a NHSM is not a ``solid waste'' under
RCRA, and is burned in a combustion unit, then the combustion unit that
burns the material would be subject to the applicable CAA section 112
requirements. On the other hand, if the NHSM is considered a ``solid
waste,'' then the combustion unit that burns the material would be
subject to the applicable CAA 129 requirements, even if energy or
material recovery also occurs. The part 241 waste determination only
applies to those NHSMs that are combusted and does not address other
uses.
    This proposed rule (like the March 2011 final rule) is not intended
to interfere with a state's program authority over the general
management of waste. For a further discussion on the relationship to
state authority, see the discussion in the preamble to the 2011 NHSM
final rule at 76 FR 15546.
2. State Adoption of the Rulemaking
    No federal approval procedures for state adoption of today's
proposed rule are included in this rulemaking action under RCRA
subtitle D. Although the EPA does promulgate criteria for solid waste
landfills and approves state MSW landfill permitting programs, RCRA
does not provide the EPA with authority to approve state programs
beyond MSW landfill permitting programs. While states are not required
to adopt regulations promulgated under RCRA

subtitle D, some states incorporate federal regulations by reference or
have specific state statutory requirements that their state program can
be no more stringent than the federal regulations. In those cases, the
EPA anticipates that, if required by state law, the changes being
proposed today, if finalized, will be incorporated (or possibly adopted
by authorized state air programs) consistent with the state's laws and
administrative procedures.

H. Cost and Benefits of the Proposed Rule

    The RCRA aspects of this proposed rule do not directly invoke any
costs (excluding minor administrative burden/cost), or benefits. Any
RCRA related costs to the regulated community, and corresponding
benefits to human health and the environment, have been considered as
part of the current CISWI action, and the corresponding CISWI and
Boiler MACT (area source and major source) final rules. As such, the
Agency has not prepared a separate cost-benefit assessment in support
of this part of the proposal. Consequently, any potential costs or
benefits, including impacts to small entities, indirectly associated
with the RCRA aspects of this proposal are addressed in the
corresponding impacts assessment prepared in support of the CISWI part
of this action.

III. Statutory and Executive Order Reviews

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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, the EPA submitted this
action to OMB for review under Executive Order 12866 and Executive
Order 13563 (76 FR 3821, January 21, 2011). Any changes made in
response to OMB recommendations have been documented in the docket for
this action.

B. Paperwork Reduction Act

    This proposed rule does not impose any new information collection
burden. However, OMB has previously approved the information collection
requirements contained in the existing CISWI and NHSM \62\ regulations
(40 CFR part 60, subparts CCCC and DDDD, and 40 CFR part 241) under the
provisions of the PRA, 44 U.S.C. 3501, et seq., and has been assigned
EPA ICR number 2384.03 for subpart CCCC, 40 CFR part 60, EPA ICR number
2385.03 for subpart DDDD, 40 CFR part 60, and EPA ICR number 2382.03
for 40 CFR part 241.
---------------------------------------------------------------------------

    \62\ Identification of Non-Hazardous Secondary Materials That
Are Solid Waste, Final Rule. March 11, 2011.
---------------------------------------------------------------------------

    This action is believed to result in no changes to the information
collection requirements of the final NHSM rule and will have no impact
on the information collection estimate of project cost and hour burden
made and approved by OMB. Due to changes in the CISWI inventory and
monitoring requirements of the CISWI rule, the information collection
estimate of project cost and hour burden have been revised. Therefore,
only the CISWI ICR has been revised. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the APA or any other statute unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small organizations and small governmental
jurisdictions.
    For purposes of assessing the impacts of the rule on small
entities, small entity is defined as: (1) A small business as defined
by the SBA's regulations at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; or
(3) a small organization that is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any new requirements on any entities
because it does not impose any additional regulatory requirements
relative to those specified in the March 2011 final CISWI and NHSM
rules. The March 2011 final CISWI and NHSM rules were both certified as
not having a significant economic impact on a substantial number of
small entities. In this proposed action, there are three fewer small
entities in the CISWI than in the March 2011 final CISWI rule, as
discussed in the ``Economic Impact Analysis: Reconsideration Proposal
Inputs Comparison'' memorandum in the CISWI docket. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule does not contain a federal mandate that may
result in expenditures of $100 million or more for state, local and
tribal governments, in the aggregate or the private sector in any one
year. This rule proposes amendments to the final CISWI rule provisions
and technical clarifications to the final NHSM rule. Thus, this rule is
not subject to the requirements of sections 202 or 205 of UMRA.
However, the final CISWI rule contains a federal mandate that may
result in expenditures of $100 million or more for state, local and
tribal governments, in the aggregate, or the private sector in any 1
year. Accordingly, we have prepared under section 202 of the UMRA a
written statement, which is summarized in the preamble to the final
CISWI rule (76 FR 15747).
    This action is not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This proposed rule will not impose
direct compliance costs on state or local governments and will not
preempt state law. Thus, Executive Order 13132 does not apply to this
action.
    In the spirit of Executive Order 13132 and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicited comment on the proposed
CISWI and NHSM regulations from state and local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175, (65 FR 67249; November 9, 2000). The EPA is not
aware of any CISWI in Indian country or owned or operated by Indian
tribal governments. The CISWI aspects of this rule may, however, invoke
minor indirect tribal implications to the extent that entities
generating solid wastes on tribal lands could be affected. However, any
indirect

NHSM impacts that may occur as a result of the CISWI action are
expected to be negligible due to the very limited focus of the CISWI
part or this rule. Thus, Executive Order 13175 does not apply to this
action.
    The EPA specifically solicits additional comment on this proposed
action from tribal officials.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
proposed rule is not subject to Executive Order 13045 because it is
based solely on technology performance and technical corrections.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to result in a significant adverse effect on the supply,
distribution, or use of energy. The EPA estimates that the requirements
in this rule would cause most CISWI in the ERU and waste-burning kiln
subcategories to modify existing air pollution control devices (e.g.,
increase the horsepower of their wet scrubbers) or install and operate
new control devices, resulting in approximately 242,283 MW-hours per
year of additional electricity being used.
    Given the negligible change in energy consumption expected to
result from this rule, the EPA does not expect any significant price
increase for any energy type. The cost of energy distribution should
not be affected by this rule at all since the rule would not affect
energy distribution facilities. We also expect that any impacts on the
import of foreign energy supplies, or any other adverse outcomes that
may occur with regards to energy supplies, would not be significant.
We, therefore, conclude that if there were to be any adverse energy
effects associated with this rule, they would be minimal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the NTTAA of 1995, Public Law 104-113, 12(d) (15
U.S.C. 272 note) directs the EPA to use VCS in its regulatory
activities, unless to do so would be inconsistent with applicable law
or otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs the EPA to provide Congress, through OMB,
explanations when the agency decides not use available and applicable
VCS.
    This proposed rulemaking does not involve any revisions to the
technical standards or test methods required in the final CISWI rule.
Therefore, the EPA did not reconsider the use of any VCS for this
proposal.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on EJ. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make EJ part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of their programs, policies and activities on
minority populations and low-income populations in the United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. The amendments do not relax the control measures on
sources regulated by the CISWI rule, and, therefore, will not cause
emissions increases from these sources. The March 2011 final CISWI rule
will reduce emissions of all the listed HAP emitted from this source.
Furthermore, the targeted revisions proposed in the NHSM section of
this rule are designed to improve the management of these materials,
thereby helping to further ensure against any disproportionately high
and adverse human health or environmental effects on minority or low-
income populations.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances.

40 CFR Part 241

    Environmental protection, air pollution control, waste treatment
and disposal.

    Dated: December 2, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, Title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 60--[AMENDED]

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

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

    2. Section 60.17 is amended by:
    a. Adding paragraph (a)(93).
    b. Revising paragraph (h)(4).
    c. Adding paragraph (o).

Sec.  60.17  Incorporations by reference.

* * * * *
    (a) * * *
    (93) ASTM D6784-02 (Reapproved 2008) Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
approved April 1, 2008, IBR approved for Sec. Sec.  60.2165(j),
60.2730(j), tables 1, 5, 6 and 8 to subpart CCCC, and tables 2, 6, 7,
and 9 to subpart DDDD, Sec. Sec.  60.4900(b)(4)(v), 60.5220(b)(4)(v),
tables 1 and 2 to subpart LLLL, and tables 2 and 3 to subpart MMMM.
* * * * *
    (h) * * *
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], IBR approved for Sec.  60.56c(b)(4),
Sec.  60.63(f)(2) and (f)(4), Sec.  60.106(e)(2), Sec. Sec.
60.104a(d)(3), (d)(5), (d)(6), (h)(3), (h)(4), (h)(5), (i)(3), (i)(4),
(i)(5), (j)(3), and (j)(4), Sec.  60.105a(d)(4), (f)(2), (f)(4),
(g)(2), and (g)(4), Sec.  60.106a(a)(1)(iii), (a)(2)(iii), (a)(2)(v),
(a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and Sec.  60.107a(a)(1)(ii),
(a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), and (d)(2), tables 1 and 3 of
subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ,
Sec. Sec.  60.4415(a)(2) and (a)(3), 60.2145(s)(1)(i) and (ii),
60.2145(t)(1)(ii), 60.2145(t)(5)(i), 60.2710(s)(1)(i) and (ii),
60.2710(t)(1)(ii), 60.2710(t)(5)(i), 60.2710(w)(3), 60.2730(q)(3),
60.4900(b)(4)(vii) and (viii), 60.4900(b)(5)(i), 60.5220(b)(4)(vii) and
(viii), 60.5220(b)(5)(i), tables 1 and 2 to subpart LLLL, and tables 2
and 3 to subpart MMMM.
* * * * *

    (o) The following material is available from the U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460,
(202) 272-0167, http://www.epa.gov.
    (1) Office of Air Quality Planning and Standards (OAQPS) Fabric
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997,
IBR approved for Sec. Sec.  60.2145(r)(2), 60.2710(r)(2),
60.4905(b)(3)(i)(B), and 60.5225(b)(3)(i)(B).
    (2) [Reserved]
    3. Revise the heading for subpart CCCC to read as follows:

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

* * * * *
    4. Section 60.2005 is revised to read as follows:

Sec.  60.2005  When does this subpart become effective?

    This subpart takes effect on [DATE 6 MONTHS AFTER PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER]. Some of the requirements in
this subpart apply to planning the CISWI unit (i.e., the
preconstruction requirements in Sec. Sec.  60.2045 and 60.2050). Other
requirements such as the emission limitations and operating limits
apply after the CISWI unit begins operation.
    5. Section 60.2015 is revised to read as follows:

Sec.  60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any
of the criteria specified in paragraph (a)(1) through (a)(2) of this
section.
    (1) A CISWI unit that commenced construction after [DATE OF 60 DAYS
AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
    (2) A CISWI unit that commenced reconstruction or modification
after [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER].
    (b) This subpart does not affect your CISWI unit if you make
physical or operational changes to your incineration unit to comply
with subpart DDDD of this part (Emission Guidelines and Compliance
Times for Commercial and Industrial Solid Waste Incineration Units).
Such changes do not qualify as reconstruction or modification under
this subpart.
    6. Section 60.2020 is amended by:
    a. Revising the introductory text.
    b. Removing and reserving paragraph (b).
    c. Revising paragraph (c).
    d. Revising paragraphs (e)(3), (f)(3), (g), (m), and (n).
    e. Removing and reserving paragraphs (j), (k), and (l).
    f. Removing paragraph (o).

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

    This subpart exempts the types of units described in paragraphs
(a), (c) through (i), and (n) of this section, but some units are
required to provide notifications. Air curtain incinerators are exempt
from the requirements in this subpart except for the provisions in
Sec. Sec.  60.2242, 60.2250, and 60.2260.
* * * * *
    (c) Municipal waste combustion units. Incineration units that are
subject to subpart Ea of this part (Standards of Performance for
Municipal Waste Combustors); subpart Eb of this part (Standards of
Performance for Large Municipal Waste Combustors); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors); subpart AAAA of this part (Standards of Performance for
Small Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Small Municipal Waste Combustion Units).
* * * * *
    (e) * * *
    (3) You submit a request to the Administrator for a determination
that the qualifying cogeneration facility is combusting homogenous
waste as that term is defined in Sec.  60.2265. The request must
include information sufficient to document that the unit meets the
criteria of the definition of a small power production facility and
that the waste material the unit is proposed to burn is homogeneous.
* * * * *
    (f) * * *
    (3) You submit a request to the Administrator for a determination
that the qualifying cogeneration facility is combusting homogenous
waste as that term is defined in Sec.  60.2265. The request must
include information sufficient to document that the unit meets the
criteria of the definition of a cogeneration facility and that the
waste material the unit is combusting is homogeneous.
    (g) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
* * * * *
    (m) Sewage treatment plants. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter that are subject to subpart LLLL
of this part (Standards of Performance for Sewage Sludge Incineration
Units) or subpart MMMM of this part (Emission Guidelines for Sewage
Sludge Incineration Units).

Sec.  60.2025  [Removed]

    7. Section 60.2025 is removed.
    8. Section 60.2030 is amended by:
    a. Revising paragraph (c) introductory text.
    b. Removing and reserving paragraph (c)(5).
    c. Adding paragraphs (c)(8) through (c)(10).

Sec.  60.2030  Who implements and enforces this subpart?

* * * * *
    (c) The authorities that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (c)(1) through (4) and
(c)(6) through (10) of this section.
* * * * *
    (8) Approval of alternative opacity emission limits in Sec.
60.2105 under Sec.  60.11(e)(6) through (8).
    (9) Performance test and data reduction waivers under Sec.
60.2125(j), 60.8(b)(4) and (5).
    (10) Determination of whether a qualifying small power production
facility or cogeneration facility under Sec.  60.2020(e) or (f) is
combusting homogenous waste as that term is defined in Sec.  60.2265.
    9. Section 60.2045 is revised to read as follows:

Sec.  60.2030  Who implements and enforces this subpart?

    (a) You must prepare a siting analysis if you plan to commence
construction of an incinerator after December 1, 2000.
    (b) You must prepare a siting analysis for CISWI units that
commenced construction after June 4, 2010, or that commenced
reconstruction or modification after [DATE 6 MONTHS AFTER PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER].
    (c) You must prepare a siting analysis if you are required to
submit an initial application for a construction permit under 40 CFR
part 51, subpart I, or 40 CFR part 52, as applicable, for the
reconstruction or modification of your CISWI unit.
    10. Section 60.2070 is amended by revising paragraph (c)(1)(vii) to
read as follows:

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

* * * * *
    (c) * * *
    (1) * * *
    (vii) Actions to prevent and correct malfunctions or to prevent
conditions that may lead to malfunctions.
* * * * *
    11. Section 60.2085 is amended by revising paragraph (d) to read as
follows:

Sec.  60.2085  How do I maintain my operator qualification?

* * * * *
    (d) Prevention and correction of malfunctions or conditions that
may lead to malfunction.
* * * * *
    12. Section 60.2105 is revised to read as follows:

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

    (a) You must meet the emission limitations for each CISWI unit,
including bypass stack or vent, specified in table 1 of this subpart or
tables 5 through 8 of this subpart by the applicable date in Sec.
60.2140. You must be in compliance with the emission limitations of
this subpart that apply to you at all times.
    (b) An incinerator unit that commenced construction after November
30, 1999, but no later than June 4, 2010, or that commenced
reconstruction or modification on or after June 1, 2001, but no later
than [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER] must meet the more stringent emission limit for the
respective pollutant in table 1 of this subpart or table 6 of subpart
DDDD.
    13. Section 60.2110 is amended by:
    a. Revising paragraph (a) introductory text.
    b. Revising paragraphs (a)(2) through (4).
    c. Adding paragraphs (d) through (g).

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

    (a) If you use a wet scrubber(s) to comply with the emission
limitations, you must establish operating limits for up to four
operating parameters (as specified in table 2 of this subpart) as
described in paragraphs (a)(1) through (4) of this section during the
initial performance test.
* * * * *
    (2) Minimum pressure drop across the wet particulate matter
scrubber, which is calculated as the lowest 1-hour average pressure
drop across the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations; or minimum amperage to the fan for the wet
scrubber, which is calculated as the lowest 1-hour average amperage to
the wet scrubber measured during the most recent performance test
demonstrating compliance with the particulate matter emission
limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas
or particulate matter scrubber measured during the most recent
performance test demonstrating compliance with all applicable emission
limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the lowest
1-hour average liquor pH at the inlet to the wet acid gas scrubber
measured during the most recent performance test demonstrating
compliance with the hydrogen chloride emission limitation.
* * * * *
    (d) If you use an electrostatic precipitator to comply with the
emission limitations, you must measure the (secondary) voltage and
amperage of the electrostatic precipitator collection plates during the
particulate matter performance test. Calculate the average electric
power value (secondary voltage x secondary current = secondary electric
power) for each test run. The operating limit for the electrostatic
precipitator is calculated as the lowest 1-hour average secondary
electric power measured during the most recent performance test
demonstrating compliance with the particulate matter emission
limitations.
    (e) If you use activated carbon sorbent injection to comply with
the emission limitations, you must measure the sorbent flow rate during
the performance testing. The operating limit for the carbon sorbent
injection is calculated as the lowest 1-hour average sorbent flow rate
measured during the most recent performance test demonstrating
compliance with the mercury emission limitations.
    (f) If you use selective noncatalytic reduction to comply with the
emission limitations, you must measure the charge rate, the secondary
chamber temperature (if applicable to your CISWI unit), and the reagent
flow rate during the nitrogen oxides performance testing. The operating
limits for the selective noncatalytic reduction are calculated as the
lowest 1-hour average charge rate, secondary chamber temperature, and
reagent flow rate measured during the most recent performance test
demonstrating compliance with the nitrogen oxides emission limitations.
    (g) If you do not use a wet scrubber, electrostatic precipitator,
or fabric filter to comply with the emission limitations, and if you do
not determine compliance with your particulate matter emission
limitation with a particulate matter CEMS, you must maintain opacity to
less than or equal to 10 percent opacity (1-hour block average).
    14. Section 60.2115 is revised to read as follows:

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

    If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective noncatalytic reduction,
fabric filter, or an electrostatic precipitator or limit emissions in
some other manner, including material balances, to comply with the
emission limitations under Sec.  60.2105, you must petition the EPA
Administrator for specific operating limits to be established during
the initial performance test and continuously monitored thereafter. You
must not conduct the initial performance test until after the petition
has been approved by the Administrator. Your petition must include the
five items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as
additional operating limits.
    (b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
    (c) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
    (d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
    (e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
    15. Section 60.2120 is revised to read as follows:

Sec.  60.2120  Affirmative Defense for Exceedance of an Emission Limit
During Malfunction.

    In response to an action to enforce the standards set forth in
paragraph Sec.  60.2105, you may assert an affirmative defense to a
claim for civil penalties for exceedances of such standards that are
caused by malfunction, as defined at 40 CFR 60.2. Appropriate penalties
may be assessed, however, if you fail to meet your burden of proving
all of the requirements in the affirmative defense. The affirmative
defense shall not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce
such a limit, you must timely meet the notification requirements in
paragraph (b) of this section, and must prove by a preponderance of
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health; and
    (6) All emissions and/or parameter monitoring and systems, as well
as control systems, were kept in operation if at all possible,
consistent with safety and good air pollution control practices; and
    (7) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (b) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than two business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
Sec.  60.2105 to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(a) of this section. The owner or operator may seek an extension of
this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.
    16. Section 60.2125 is amended by:
    a. Revising paragraph (c).
    b. Revising paragraphs (g)(1) and (2).
    c. Adding paragraphs (h) and (i) to read as follows:

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

* * * * *
    (c) All performance tests must be conducted using the minimum run
duration specified in table 1 of this subpart or tables 5 through 8 of
this subpart.
* * * * *
    (g) * * *
    (1) Measure the concentration of each dioxin/furan tetra-through
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7.
    (2) For each dioxin/furan (tetra-through octa-chlorinated) isomer
measured in accordance with paragraph (g)(1) of this section, multiply
the isomer concentration by its corresponding toxic equivalency factor
specified in table 3 of this subpart.
* * * * *
    (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be
used to determine compliance with the fugitive ash emission limit in
table 1 of this subpart or tables 5 through 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must
determine compliance with the opacity limit using Method 9 at 40 CFR
part 60, appendix A-4 of this part, based on three 1-hour blocks
consisting of ten 6-minute average opacity values, unless you are
required to install a continuous opacity monitoring system, consistent
with Sec. Sec.  60.2145 and 60.2165.
    17. Section 60.2130 is revised to read as follows:

Sec.  60.2130  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with
the emission limitations in table 1 of this subpart or tables 5 through
8 of this subpart.
    18. Section 60.2135 is revised to read as follows:

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

    You must conduct a performance test, as required under Sec. Sec.
60.2125 and 60.2105 to determine compliance with the emission
limitations in table 1 of this subpart or tables 5 through 8 of this
subpart, to establish compliance with any opacity operating limit in
Sec.  60.2110, and to establish operating limits using the procedures
in Sec. Sec.  60.2110 or 60.2115. The performance test must be
conducted using the test methods listed in table 1 of this subpart or
tables 5 through 8 of this subpart and the procedures in Sec.  60.2125.
The use of the bypass stack during a performance test shall invalidate
the performance test. You must conduct a performance evaluation of each
continuous monitoring system within 60 days of installation of the
monitoring system.
    19. Section 60.2140 is revised to read as follows:

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

    (a) The initial performance test must be conducted within 60 days
after your CISWI unit reaches the charge rate at which it will operate,
but no later than 180 days after its initial startup.
    (b) If you commence or recommence combusting a solid waste at an
existing

combustion unit at any commercial or industrial facility, and you
conducted a test consistent with the provisions of this subpart while
combusting the solid waste within the 6 months preceding the
reintroduction of that solid waste in the combustion chamber, you do
not need to retest until 6 months from the date you reintroduce that
solid waste.
    (c) If you commence combusting or recommence combusting a solid
waste at an existing combustion unit at any commercial or industrial
facility and you have not conducted a performance test consistent with
the provisions of this subpart while combusting the given solid waste
within the 6 months preceding the reintroduction of that solid waste in
the combustion chamber, you must conduct a performance test within 60
days commencing or recommencing solid waste combustion.
    20. Section 60.2141 is added to read as follows:

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

    (a) The initial air pollution control device inspection must be
conducted within 60 days after installation of the control device and
the associated CISWI unit reaches the charge rate at which it will
operate, but no later than 180 days after the device's initial startup.
    (b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the state agency
establishing a date whereby all necessary repairs of the designated
facility must be completed.
    21. Section 60.2145 is revised to read as follows:

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

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in
this subpart apply at all times.
    (2) If you cease combusting solid waste, you may opt to remain
subject to the provisions of this subpart. Consistent with the
definition of CISWI unit, you are subject to the requirements of this
subpart at least 6 months following the last date of solid waste
combustion. Solid waste combustion is ceased when solid waste is not in
the combustion chamber (i.e., the solid waste feed to the combustor has
been cut off for a period of time not less than the solid waste
residence time).
    (3) If you cease combusting solid waste, you must be in compliance
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a
date selected by you, that must be at least 6 months from the date that
you ceased combusting solid waste, consistent with Sec.  60.2145(a)(2).
Your source must remain in compliance with this subpart until the
effective date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial
combustion unit that combusted a fuel or non-waste material, and you
commence or recommence combustion of solid waste, you are subject to
the provisions of this subpart as of the first day you introduce or
reintroduce solid waste to the combustion chamber, and this date
constitutes the effective date of the fuel-to-waste switch. You must
complete all initial compliance demonstrations for any section 112
standards that are applicable to your facility before you commence or
recommence combustion of solid waste. You must provide 30 days prior
notice of the effective date of the waste-to-fuel switch. The
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the
CISWI unit is currently combusting and has combusted over the past 6
months, and the fuel(s) or non-waste materials the unit will commence
combusting;
    (iv) The date on which you became subject to the currently
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with (2) and (3)) above.
    (5) All air pollution control equipment necessary for compliance
with any newly applicable emissions limits which apply as a result of
the cessation or commencement or recommencement of combusting solid
waste must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly
applicable monitoring requirements which apply as a result of the
cessation or commencement or recommencement of combusting solid waste
must be installed and operational as of the effective date of the
waste-to-fuel, or fuel-to-waste switch. All calibration and drift
checks must be performed as of the effective date of the waste-to-fuel,
or fuel-to-waste switch. Relative accuracy tests must be performed as
of the performance test deadline for PM CEMS. Relative accuracy testing
for other CEMS need not be repeated if that testing was previously
performed consistent with Clean Air Act section 112 monitoring
requirements or monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants
listed in table 1 of this subpart or tables 5 through 8 of this subpart
and opacity for each CISWI unit as required under Sec.  60.2125. The
annual performance test must be conducted using the test methods listed
in table 1 of this subpart or tables 5 through 8 of this subpart and
the procedures in Sec.  60.2125. Annual performance tests are not
required if you use CEMS or continuous opacity monitoring systems to
determine compliance.
    (c) You must continuously monitor the operating parameters
specified in Sec.  60.2110 or established under Sec.  60.2115 and as
specified in Sec.  60.2170. Use 3-hour block average values to
determine compliance (except for baghouse leak detection system alarms)
unless a different averaging period is established under Sec.  60.2115.
Operation above the established maximum, below the established minimum,
or outside the allowable range of the operating limits specified in
paragraph (a) of this section constitutes a deviation from your
operating limits established under this subpart, except during
performance tests conducted to determine compliance with the emission
and operating limits or to establish new operating limits. Operating
limits are confirmed or reestablished during performance tests.
    (d) You must burn only the same types of waste and fuels used to
establish subcategory applicability (for energy recovery units) and
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote
units, you must perform an annual visual emissions test for ash
handling.
    (f) For energy recovery units, you must conduct an annual
performance test for opacity using EPA Reference Method 9 at 40 CFR
part 60 (except where particulate matter CEMS or continuous parameter
monitoring system are used) and the pollutants listed in table 6 of
this subpart.

    (g) You may elect to demonstrate continuous compliance with the
carbon monoxide emission limit using a carbon monoxide CEMS according
to the following requirements:
    (1) You must measure emissions according to Sec.  60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen.
CEMS data during startup and shutdown, as defined in this subpart, are
not corrected to 7 percent oxygen, and are measured at stack oxygen
content. You must demonstrate initial compliance with the carbon
monoxide emissions limit using a 30-day rolling average of these 1-hour
arithmetic average emission concentrations, including CEMS data during
startup and shutdown as defined in this subpart, calculated using
Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, appendix A-7 of this part.
    (2) Operate the carbon monoxide CEMS in accordance with the
requirements of performance specification 4A of appendix B of this part
and quality assurance procedure 1 of appendix F of this part.
    (h) For waste-burning kilns, demonstrate continuous compliance with
the particulate matter emissions limit using a particulate matter CEMS
according to the procedures in Sec.  60.2165(n). Energy recovery units
with design heat input capacities greater than or equal to 250 MMBtu/hr
may elect to demonstrate continuous compliance with the particulate
matter emissions limit using a particulate matter CEMS according to the
procedures in Sec.  60.2165(n) instead of the particulate matter
continuous parameter monitoring system (CPMS) specified in Sec.
60.2145.
    (i) For energy recovery units with design heat input capacities
greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you
must install, operate, certify and maintain a continuous opacity
monitoring system (COMS) according to the procedures in Sec.  60.2165.
    (j) For waste-burning kilns, you must conduct an annual performance
test for cadmium, lead, dioxins/furans and hydrogen chloride as listed
in table 7 of this subpart. You must determine compliance with hydrogen
chloride using a hydrogen chloride CEMS if you do not use an acid gas
wet scrubber. You must determine compliance with nitrogen oxides,
sulfur dioxide, carbon monoxide, and particulate matter using CEMS. You
must determine compliance with the mercury emissions limit using a
mercury CEMS according to the following requirements:
    (1) Operate a CEMS system in accordance with performance
specification 12A of 40 CFR part 60, appendix B or a sorbent trap based
integrated monitor in accordance with performance specification 12B of
40 CFR part 60, appendix B. The duration of the performance test must
be a calendar month. For each calendar month in which the waste-burning
kiln operates, hourly mercury concentration data, and stack gas
volumetric flow rate data must be obtained.
    (2) Owners or operators using a mercury CEMS must install, operate,
calibrate, and maintain an instrument for continuously measuring and
recording the mercury mass emissions rate to the atmosphere according
to the requirements of performance specifications 6 and 12A of 40 CFR
part 60, appendix B, and quality assurance procedure 6 of 40 CFR part
60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate
initial compliance by operating a mercury CEMS while the raw mill of
the in-line kiln/raw mill is operating under normal conditions and
while the raw mill of the in-line kiln/raw mill is not operating.
    (k) If you use an air pollution control device to meet the emission
limitations in this subpart, you must conduct an initial and annual
inspection of the air pollution control device. The inspection must
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the
requirements in paragraph (l) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under Sec.  60.13(i).
    (l) For each continuous monitoring system required in this section,
you must develop and submit to the EPA Administrator for approval a
site-specific monitoring plan according to the requirements of this
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this
section.
    (1) You must submit this site-specific monitoring plan at least 60
days before your initial performance evaluation of your continuous
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
    (ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec.  60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  60.7(b), (c) introductory text,
(c)(1), (c)(4), (d), (e), (f), and (g).
    (2) You must conduct a performance evaluation of each continuous
monitoring system in accordance with your site-specific monitoring
plan.
    (3) You must operate and maintain the continuous monitoring system
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs (l) and
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., PM scrubber pressure
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring
system in

accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
    (o) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (l) and (o)(1)
through (4) of this section.
    (1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in
accordance with your monitoring plan at least once each process
operating day.
    (4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the pH of the operating limit) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this
section.
    (1) Install sensors to measure (secondary) voltage and current to
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (l) and (q)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain, and continuously operate a bag leak detection
system as specified in paragraphs (l) and (r)(1) through (5) of this
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection
system in accordance with your monitoring plan and consistent with the
guidance provided in EPA-454/R-98-015 (incorporated by reference, see
Sec.  60.17).
    (4) Use a bag leak detection system equipped with a device to
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that
will sound an alarm when an increase in relative particulate matter
emissions over a preset level is detected. The alarm must be located
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the
sulfur dioxide emission limit, compliance with the sulfur dioxide
emission limit may be demonstrated by using the CEMS specified in Sec.
60.2165 to measure sulfur dioxide and calculating a 30-day rolling
average emission concentration using Equation 19-19 in section 12.4.1
of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of this
part. The sulfur dioxide CEMS must be operated according to performance
specification 2 in appendix B of this part and must follow the
procedures and methods specified in this paragraph (s). For sources
that have actual inlet emissions less than 100 parts per million dry
volume, the relative accuracy criterion for inlet sulfur dioxide CEMS
should be no greater than 20 percent of the mean value of the reference
method test data in terms of the units of the emission standard, or 5
parts per million dry volume absolute value of the mean difference
between the reference method and the CEMS, whichever is greater.
    (1) During each relative accuracy test run of the CEMS required by
performance specification 2 in appendix B of this part, collect sulfur
dioxide and oxygen (or carbon dioxide) data concurrently (or within a
30- to 60-minute period) with both the continuous emissions monitors
and the test methods specified in paragraphs (s)(1)(i) and (ii) of this
section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec.  60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec.  60.17), must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide
control device must be 125 percent of the maximum estimated hourly
potential sulfur dioxide emissions of the unit subject to this rule.
The span value of the CEMS at the outlet of the sulfur dioxide control
device must be 50 percent of the maximum estimated hourly potential
sulfur dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous
compliance with the nitrogen oxides emission limit, compliance with the
nitrogen oxides emission limit may be demonstrated by using the CEMS
specified in Sec.  60.2165 to measure nitrogen oxides and calculating a
30-day rolling average emission concentration using Equation 19-19 in
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix
A-7 of this part. The nitrogen oxides CEMS must be operated according
to performance specification 2 in appendix B of this part and must
follow the procedures and methods specified in paragraphs (t)(1)
through (5) of this section.
    (1) During each relative accuracy test run of the CEMS required by
performance specification 2 of appendix B of this part, collect
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or
within a 30- to 60-minute period) with both the CEMS and the test
methods specified in paragraphs (t)(1)(i) and (ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR
part 60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec.  60.17), as applicable,
must be used.

    (2) The span value of the CEMS must be 125 percent of the maximum
estimated hourly potential nitrogen oxide emissions of the unit.
    (3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that
compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (t)(4)(i) through
(t)(4)(iv) of this section. This relationship may be re-established
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-
1981 (incorporated by reference, see Sec.  60.17), as applicable, must
be used to determine the oxygen concentration at the same location as
the carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a CEMS to demonstrate continuous
compliance with any of the emission limits of this subpart, you must
complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s)
using a 30-day rolling average, calculated using Equation 19-19 in
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix
A-7 of this part.
    (2) Operate all CEMS in accordance with the applicable procedures
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX,
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain an oxygen analyzer system as
defined in Sec.  60.2265 according to the procedures in paragraphs
(w)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec.  60.2675.
    (2) You must operate the oxygen trim system with the oxygen level
set at the minimum percent oxygen by volume that is established as the
operating limit for oxygen according to paragraph (w)(3) of this
section.
    (3) You must maintain the oxygen level such that it is not below
the lowest hourly average oxygen concentration measured during the most
recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using Equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with design heat input capacities
greater than or equal to 250 MMBtu/hour, you must install, certify,
maintain, and operate a PM CPMS monitoring emissions discharged to the
atmosphere and record the output of the system as specified in
paragraphs (x)(1) through (5) of this section. For other energy
recovery units, you may elect to use PM CPMS operated in accordance
with this section in lieu of using other CMS for monitoring PM
compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber
pressure).
    (1) Install, certify, operate, and maintain your PM CPMS according
to the procedures in your approved site-specific monitoring plan
developed in accordance with Sec.  60.2145(l) and (x)(1)(i) through
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, or beta
attenuation of the exhaust gas or representative exhaust gas sample.
The reportable measurement output from the PM CPMS may be expressed as
milliamps, stack concentration, or other raw data signal.
    (ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations of no greater than 0.5 mg/actual
cubic meter.
    (3) Collect PM CPMS hourly average output data for all energy
recovery unit operating hours. Express the PM CPMS output as millamps,
PM concentration, or other raw data signal value.
    (4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
operating hours data (e.g., milliamps, PM concentration, raw data
signal).
    22. Section 60.2150 is revised to read as follows:

Sec.  60.2150  By what date must I conduct the annual performance test?

    You must conduct annual performance tests between 11 and 13 months
of the previous performance test.
    23. Section 60.2151 is added to read as follows:

Sec.  60.2151  By what date must I conduct the annual air pollution
control device inspection?

    On an annual basis (no more than 12 months following the previous
annual air pollution control device inspection), you must complete the
air pollution control device inspection as described in Sec.  60.2141.
    24. Section 60.2155 is revised to read as follows:

Sec.  60.2155  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the
schedule specified in Sec.  60.2150, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward, as specified in Sec.  60.2160. The Administrator may request a
repeat performance test at any time.
    (2) You must repeat the performance test within 60 days of a
process change, as defined in Sec.  60.2265.
    (3) If the initial or any subsequent performance test for any
pollutant in table 1 or tables 5 through 8 of this subpart, as
applicable, demonstrates that the emission level for the pollutant is
no greater than the emission level specified in paragraph (a)(3)(i) or
(ii) of this section, as applicable, and you are not required to
conduct a performance test for the pollutant in response to a request
by the Administrator in paragraph (a)(1) of this section or a process
change in paragraph (a)(2) of this section, you may elect to skip
conducting a performance test for the pollutant for the next 2 years.
You must conduct a performance test for the pollutant during the third
year and no more than 37 months following the previous performance test
for the pollutant. For cadmium and lead, both cadmium and lead must be
emitted at emission levels no greater than their respective emission
levels specified in paragraph (a)(3)(i) of this section for you to
qualify for less frequent testing under this paragraph.
    (i) For particulate matter, hydrogen chloride, mercury, nitrogen
oxides, sulfur dioxide, cadmium, lead and

dioxins/furans, the emission level equal to 75 percent of the
applicable emission limit in table 1 or tables 5 through 8 of this
subpart, as applicable, to this subpart.
    (ii) For fugitive emissions, visible emissions (of combustion ash
from the ash conveying system) for 2 percent of the time during each of
the three 1-hour observation periods.
    (4) If you are conducting less frequent testing for a pollutant as
provided in paragraph (a)(3) of this section and a subsequent
performance test for the pollutant indicates that your CISWI unit does
not meet the emission level specified in paragraph (a)(3)(i) or (ii) of
this section, as applicable, you must conduct annual performance tests
for the pollutant according to the schedule specified in paragraph (a)
of this section until you qualify for less frequent testing for the
pollutant as specified in paragraph (a)(3) of this section.
    (b) [Reserved]
    25. Section 60.2165 is amended by:
    a. Revising paragraph (b)(6).
    b. Revising paragraph (c).
    c. Adding paragraphs (d) through (r).
    The revisions and additions read as follows:

Sec.  60.2165  What monitoring equipment must I install and what
parameters must I monitor?

* * * * *
    (b) * * *
    (6) The bag leak detection system must be equipped with an alarm
system that will alert automatically an operator when an increase in
relative particulate matter emissions over a preset level is detected.
The alarm must be located where it is observed easily by plant
operating personnel.
* * * * *
    (c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, or an electrostatic
precipitator to comply with the emission limitations under Sec.
60.2105, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec.  60.2115.
    (d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.2125, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI unit) or the minimum reagent
flow rate measured as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart, you must monitor the secondary power
to the electrostatic precipitator collection plates and maintain the 3-
hour block averages at or above the operating limits established during
the mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber, in
place of hydrogen chloride testing with EPA Method 321 at 40 CFR part
63, appendix A, an owner or operator must install, calibrate, maintain,
and operate a CEMS for monitoring hydrogen chloride emissions
discharged to the atmosphere and record the output of the system. To
demonstrate continuous compliance with the hydrogen chloride emissions
limit for units other than waste-burning kilns not equipped with a wet
scrubber, a facility may substitute use of a hydrogen chloride CEMS for
conducting the hydrogen chloride annual performance test, monitoring
the minimum hydrogen chloride sorbent flow rate, and monitoring the
minimum scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of a particulate
matter CEMS for conducting the PM annual performance test and
monitoring the minimum pressure drop across the wet scrubber, if
applicable.
    (i) To demonstrate continuous compliance with the dioxin/furan
emissions limit, a facility may substitute use of a continuous
automated sampling system for the dioxin/furan annual performance test.
You must record the output of the system and analyze the sample
according to EPA Method 23 at 40 CFR part 60, appendix A-7 of this
part. This option to use a continuous automated sampling system takes
effect on the date a final performance specification applicable to
dioxin/furan from continuous monitors is published in the Federal
Register. The owner or operator who elects to continuously sample
dioxin/furan emissions instead of sampling and testing using EPA Method
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain,
and operate a continuous automated sampling system and must comply with
the requirements specified in Sec.  60.58b(p) and (q).
    (j) To demonstrate continuous compliance with the mercury emissions
limit, a facility may substitute use of a continuous automated sampling
system for the mercury annual performance test. You must record the
output of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet performance
specification 12B. The owner or operator who elects to continuously
sample mercury emissions instead of sampling and testing using EPA
Reference Method 29 or 30B at 40 CFR part 60, appendix A-8 of this
part, ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see
Sec.  60.17), or an approved alternative method for measuring mercury
emissions, must install, calibrate, maintain, and operate a continuous
automated sampling system and must comply with performance
specification 12A and quality assurance procedure 5, as well as the
requirements specified in Sec.  60.58b(p) and (q).
    (k) To demonstrate continuous compliance with the nitrogen oxides
emissions limit, a facility may substitute use of a CEMS for the
nitrogen oxides annual performance test to demonstrate compliance with
the nitrogen oxides emissions limits.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring
nitrogen oxides emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance procedure one of
appendix F of this part and the procedures under Sec.  60.13 must be
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for
nitrogen oxides is completed or is required to be completed under Sec.
60.2125, compliance with the emission limit for nitrogen oxides
required under Sec.  60.52b(d) must be determined based on the 30-day
rolling average of the hourly emission concentrations using CEMS outlet
data. The 1-hour arithmetic averages must be expressed in parts per
million by volume (dry basis) and used to calculate the 30-day rolling
average concentrations. The 1-hour arithmetic averages must be
calculated using the data points required under Sec.  60.13(e)(2).

    (l) To demonstrate continuous compliance with the sulfur dioxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the sulfur dioxide annual performance
test to demonstrate compliance with the sulfur dioxide emissions
limits.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring
sulfur dioxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance requirements of
procedure one of appendix F of this part and procedures under Sec.
60.13 must be followed for installation, evaluation, and operation of
the CEMS.
    (2) Following the date that the initial performance test for sulfur
dioxide is completed or is required to be completed under Sec.
60.2125, compliance with the sulfur dioxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using CEMS outlet data. The 1-hour
arithmetic averages must be expressed in parts per million corrected to
7 percent oxygen (dry basis) and used to calculate the 30-day rolling
average emission concentrations and daily geometric average emission
percent reductions. The 1-hour arithmetic averages must be calculated
using the data points required under Sec.  60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250
MMBtu/hr design heat input that do not use a wet scrubber, fabric
filter with bag leak detection system, or particulate matter CEMS, you
must install, operate, certify, and maintain a continuous opacity
monitoring system according to the procedures in paragraphs (m)(1)
through (5) of this section by the compliance date specified in Sec.
60.2105. Energy recovery units that use a CEMS to demonstrate initial
and continuing compliance according to the procedures in Sec.
60.2165(n) are not required to install a continuous opacity monitoring
system and must perform the annual performance tests for the opacity
consistent with Sec.  60.2145(f).
    (1) Install, operate, and maintain each continuous opacity
monitoring system according to performance specification 1 of 40 CFR
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec.  60.13 and
according to PS-1 of 40 CFR part 60, appendix B.
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as
specified in Sec.  60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
    (n) For energy recovery units with design capacities greater than
250 MMBtu/hr, in place of particulate matter testing with EPA Method 5
at 40 CFR part 60, appendix A-3, an owner or operator may install,
calibrate, maintain, and operate a CEMS for monitoring particulate
matter emissions discharged to the atmosphere and record the output of
the system. For waste-burning kilns, a CEMS for monitoring particulate
matter emissions is required. The owner or operator of an affected
facility who continuously monitors particulate matter emissions instead
of conducting performance testing using EPA Method 5 at 40 CFR part 60,
appendix A-3 must install, calibrate, maintain and operate a CEMS and
must comply with the requirements specified in paragraphs (n)(1)
through (n)(14) of this section.
    (1) Notify the Administrator 1 month before starting use of the
system.
    (2) Notify the Administrator 1 month before stopping use of the
system.
    (3) The monitor must be installed, evaluated, and operated in
accordance with the requirements of performance specification 11 of
appendix B of this part and quality assurance requirements of procedure
two of appendix F of this part and Sec.  60.13. Use Method 5 or Method
5I of Appendix A of this part for the PM CEMS correlation testing.
    (4) The initial performance evaluation must be completed no later
than 180 days after the date of initial startup of the affected
facility, as specified under Sec.  60.2125 or within 180 days of
notification to the Administrator of use of the continuous monitoring
system if the owner or operator was previously determining compliance
by Method 5 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec.  60.2145(s)(5)(i) through
(iv).
    (6) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions as required
under Sec.  60.2125. Compliance with the particulate matter emission
limit must be determined by using the CEMS specified in paragraph (n)
of this section to measure particulate matter and calculating a 30-day
rolling average emission concentration using Equation 19-19 in section
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7.
    (7) Compliance with the particulate matter emission limit must be
determined based on the 30-day rolling average calculated using
Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR
part 60, appendix A-7 from the 1-hour arithmetic average CEMS outlet
data.
    (8) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified in Sec.  60.2170(e).
    (9) The 1-hour arithmetic averages required under paragraph (n)(7)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (dry basis) and must be used to
calculate the 30-day rolling average emission concentrations. The 1-
hour arithmetic averages must be calculated using the data points
required under Sec.  60.13(e)(2).
    (10) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum CEMS data requirements of
paragraph (n)(8) of this section are not met.
    (11) The CEMS must be operated according to performance
specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the CEMS required by
performance specification 11 in appendix B of this part, particulate
matter and oxygen (or carbon dioxide) data must be collected
concurrently (or within a 30- to 60-minute period) by both the
continuous emissions monitors and the following test methods.
    (i) For particulate matter, EPA Reference Method 5 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 2 in appendix F of
this part.
    (14) When particulate matter emissions data are not obtained
because of CEMS breakdowns, repairs, calibration checks, and zero and
span adjustments, emissions data must be obtained by using other
monitoring systems as approved by the Administrator or EPA Reference
Method 19 at 40 CFR part 60, appendix A-7 to provide, as necessary,
valid emissions data for a minimum of 85 percent of the hours per day,
90 percent of the hours

per calendar quarter, and 95 percent of the hours per calendar year
that the affected facility is operated and combusting waste.
    (o) To demonstrate continuous compliance with the carbon monoxide
emissions limit, you may elect to use a continuous automated sampling
system.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring
carbon monoxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
4B of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part and the procedures under Sec.  60.13 must be
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for carbon
monoxide is completed or is required to be completed under Sec.
60.2140, compliance with the carbon monoxide emission limit may be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, using CEMS outlet data. Except for
CEMS data during startup and shutdown, as defined in this subpart, the
1-hour arithmetic averages must be expressed in parts per million
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data during startup
and shutdown, as defined in this subpart, are not corrected to 7
percent oxygen, and are measured at stack oxygen content. The 1-hour
arithmetic averages must be calculated using the data points required
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain,
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
    (q) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain a oxygen analyzer system as
defined in Sec.  60.2265 according to the procedures in paragraphs
(q)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec.  60.2675.
    (2) You must operate the oxygen trim system with the oxygen level
set at the minimum percent oxygen by volume that is established as the
operating limit for oxygen according to paragraph (q)(3) of this
section.
    (3) You must maintain the oxygen level such that it is not below
the lowest hourly average oxygen concentration measured during the most
recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using Equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with design heat input capacities
greater than or equal to 250 MMBtu/hour, you must install, certify,
maintain, and operate a PM CPMS monitoring emissions discharged to the
atmosphere and record the output of the system as specified in
paragraphs (r)(1) through (5) of this section. If you elect to use a
particulate matter CEMS as specified in paragraph (n) of this section,
you are not required to use a PM CPMS to monitor particulate matter
emissions. For other energy recovery units, you may elect to use PM
CPMS operated in accordance with this section in lieu of using other
CMS for monitoring PM compliance (e.g., bag leak detectors, ESP
secondary power, PM scrubber pressure)
    (1) Install, certify, operate, and maintain your PM CPMS according
to the procedures in your approved site-specific monitoring plan
developed in accordance with Sec.  60.2145(l) and (r)(1)(i) through
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, or beta
attenuation of the exhaust gas or representative exhaust gas sample.
The reportable measurement output from the PM CPMS may be expressed as
milliamps, stack concentration, or other raw data signal.
    (ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations of no greater than 0.5 mg/actual
cubic meter.
    (3) Collect PM CPMS hourly average output data for all energy
recovery unit operating hours. Express the PM CPMS output as millamps,
PM concentration, or other raw data signal value.
    (4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
operating hours data (e.g., milliamps, PM concentration, raw data
signal).
    26. Section 60.2170 is revised to read as follows:

Sec.  60.2170  Is there a minimum amount of monitoring data I must
obtain?

    For each continuous monitoring system required or optionally
allowed under Sec.  60.2165, you must collect data according to this
section:
    (a) You must operate the monitoring system and collect data at all
required intervals at all times compliance is required except for
periods of monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in 60.2210(o) of this part), and required
monitoring system quality assurance or quality control activities
(including, as applicable, calibration checks and required zero and
span adjustments). A monitoring system malfunction is any sudden,
infrequent, not reasonably preventable failure of the monitoring system
to provide valid data. Monitoring system failures that are caused in
part by poor maintenance or careless operation are not malfunctions.
You are required to effect monitoring system repairs in response to
monitoring system malfunctions or out-of-control periods and to return
the monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during monitoring system
malfunctions or out-of-control periods, repairs associated with
monitoring system malfunctions or out-of-control periods, or required
monitoring system quality assurance or control activities in
calculations used to report emissions or operating levels. You must use
all the data collected during all other periods in assessing the
operation of the control device and associated control system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions
or out-of-control periods, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments, failure to
collect required data is a deviation of the monitoring requirements.
    27. Section 60.2175 is amended by:
    a. Revising the introductory text.
    b. Revising paragraphs (b)(5) and (e).
    c. Removing and reserving paragraphs (c) and (d).
    d. Adding paragraphs (o) through (v).

Sec.  60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (u) of this section for a period
of at least 5 years:
* * * * *

    (b) * * *
    (5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec.  60.2110(d) through (f) or
Sec.  60.2115, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits.
* * * * *
    (e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 2 of this subpart or a
deviation from other operating limits established under Sec.
60.2110(d) through (f) or Sec.  60.2115 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
* * * * *
    (o) Maintain records of the annual air pollution control device
inspections that are required for each CISWI unit subject to the
emissions limits in table 1 of this subpart or tables 5 through 8 of
this subpart, any required maintenance, and any repairs not completed
within 10 days of an inspection or the timeframe established by the
state regulatory agency.
    (p) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride
emissions.
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter
continuous emissions monitor outputs.
    (q) Records indicating use of the bypass stack, including dates,
times, and durations.
    (r) If you choose to stack test less frequently than annually,
consistent with Sec.  60.2155(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
    (s) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
    (t) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (v) For operating units that combust non-hazardous secondary
materials that have been determined not to be solid waste pursuant to
Sec.  241.3(b)(1) of this chapter, you must keep a record which
documents how the secondary material meets each of the legitimacy
criteria. If you combust a fuel that has been processed from a
discarded non-hazardous secondary material pursuant to Sec.
241.3(b)(4) of this chapter, you must keep records as to how the
operations that produced the fuel satisfies the definition of
processing in Sec.  241.2 of this chapter. If the fuel received a non-
waste determination pursuant to the petition process submitted under
Sec.  241.3(c) of this chapter, you must keep a record that documents
how the fuel satisfies the requirements of the petition process.
    28. Section 60.2210 is amended by revising paragraph (e) and adding
paragraphs (k) through (p) to read as follows:

Sec.  60.2210  What information must I include in my annual report?

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

    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system
certification or audit.
    (12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring
system, including the CEMS, was not out of control as specified in
paragraph (o) of this section, a statement that there were not periods
during which the continuous monitoring system was out of control during
the reporting period.
    (o) A continuous monitoring system is out of control in accordance
with the procedure in 40 CFR part 60, appendix F of this part, as if
any of the following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
    (2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.
    (p) For energy recovery units, include the annual heat input and
average annual heat input rate of all fuels being burned in the unit to
verify which subcategory of energy recovery unit applies.
    29. Section 60.2220 is amended by revising paragraph (c) and
removing paragraphs (e) and (f).
    The revision reads as follows:

Sec.  60.2220  What must I include in the deviation report?

* * * * *
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits
and your corrective actions.
    (2) Bypass events and your corrective actions.
* * * * *
    30. Section 60.2230 is revised to read as follows:

Sec.  60.2230  Are there any other notifications or reports that I must
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate,
you must provide 30 days prior notice of the effective date of the
waste-to-fuel switch, consistent with Sec.  60.2145(a). The
notification must identify:
    (1) The name of the owner or operator of the CISWI unit, the
location of the source, the emissions unit(s) that will cease burning
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI
unit is currently combusting and has combusted over the past 6 months,
and the fuel(s) or non-waste materials the unit will commence
combusting;
    (4) The date on which you became subject to the currently
applicable emission limits;
    (5) The date upon which you will cease combusting solid waste, and
the date (if different) that you intend for any new requirements to
become applicable (i.e., the effective date of the waste-to-fuel
switch), consistent with paragraphs (2) and (3)) of this section.
    31. Section 60.2235 is revised to read as follows:

Sec.  60.2235  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
    (b) As of January 1, 2012, and within 60 days after the date of
completing each performance test, as defined in Sec.  63.2, conducted
to demonstrate compliance with this subpart, you must submit relative
accuracy test audit (i.e., reference method) data and performance test
(i.e., compliance test) data, except opacity data, electronically to
EPA's Central Data Exchange (CDX) by using the Electronic Reporting
Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/erttool.html/) or
other compatible electronic spreadsheet. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
    32. Section 60.2242 is revised to read as follows:

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

    Yes. Each CISWI unit and air curtain incinerator subject to
standards under this subpart must operate pursuant to a permit issued
under section 129(e) and Title V of the Clean Air Act.
    33. Section 60.2250 is revised to read as follows:

Sec.  60.2250  What are the emission limitations for air curtain
incinerators?

    Within 60 days after your air curtain incinerator reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup, you must meet the two limitations specified in
paragraphs (a) and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values), except as described in paragraph (b)
of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values) during the startup period that is
within the first 30 minutes of operation.
    34. Section 60.2260 is amended by revising paragraph (d) to read as
follows:

Sec.  60.2260  What are the recordkeeping and reporting requirements
for air curtain incinerators?

* * * * *
    (d) You must submit the results (as determined by the average of
three 1-hour blocks consisting of ten 6-minute average opacity values)
of the initial opacity tests no later than 60 days following the
initial test. Submit annual opacity test results within 12 months
following the previous report.
* * * * *
    35. Section 60.2265 is amended by:
    a. Adding definitions for ``Affirmative defense'', ``Annual heat
input'', ``Average annual heat input rate'', ``Burn-off oven'',
``Bypass stack'', ``CEMS data during startup and shutdown'', ``Chemical
recovery unit'', ``Continuous monitoring system'', ``Energy recovery
unit'', ``Energy recovery unit designed to burn biomass (Biomass)'',
``Energy recovery unit designed to burn coal (Coal)'', ``Energy
recovery unit designed to burn solid materials (Solids)'', ``Foundry
sand thermal reclamation unit'', ``Homogeneous wastes''
``Incinerator'', ``Kiln'', ``Laboratory analysis unit'', ``Minimum
voltage or amperage'', ``Opacity'', ``Operating day'', ``Oxygen
analyzer system'', ``Oxygen trim system'', ``Performance evaluation'',
``Performance test'', ``Process change'', ``Raw mill'', ``Small remote
incinerator'', ``Soil treatment unit'', ``Solid waste incineration
unit'', ``Space heater'' and ``Waste-burning kiln'', in alphabetical
order.
    b. Revising the definition for ``Commercial and industrial solid
waste incineration (CISWI) unit'', ``Cyclonic

burn barrel'', ``dioxin/furans'', ``Modification or modified CISWI
unit'', and ``Wet scrubber''.
    c. Removing paragraph (3) of the definition for ``Deviation.''
    d. Removing the definition for ``Agricultural waste'', ``Commercial
or industrial waste'', and ``Solid waste''. The additions and revisions
read as follows:

Sec.  60.2265  What definitions must I know?

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
    Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
    Average annual heat input rate means annual heat input divided by
the hours of operation for the 12 months preceding the compliance
demonstration.
* * * * *
    Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit. A burn-off oven is not an incinerator,
waste-burning kiln, an energy recovery unit or a small, remote
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
* * * * *
    CEMS data during startup and shutdown means carbon monoxide CEMS
data collected during the first 4 hours of operation of energy recovery
unit startup from a cold start and the hour of operation following the
cessation of waste material being fed to the energy recovery unit
during a unit shutdown.
    Chemical recovery unit means combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. A chemical recovery unit is not an
incinerator, waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart. The following seven types of
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals which are reclaimed and reused as catalysts
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
* * * * *
    Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec.  241.2 that have been discarded, and you do not keep and
produce records as required by Sec.  60.2175(v), the material is a
solid waste and the operating unit is a CISWI unit. While not all CISWI
units will include all of the following components, a CISWI unit
includes, but is not limited to, the solid waste feed system, grate
system, flue gas system, waste heat recovery equipment, if any, and
bottom ash system. The CISWI unit does not include air pollution
control equipment or the stack. The CISWI unit boundary starts at the
solid waste hopper (if applicable) and extends through two areas: The
combustion unit flue gas system, which ends immediately after the last
combustion chamber or after the waste heat recovery equipment, if any;
and the combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The CISWI unit includes all ash handling systems connected to
the bottom ash handling system.
* * * * *
    Continuous monitoring system (CMS) means the total equipment,
required under the emission monitoring sections in applicable subparts,
used to sample and condition (if applicable), to analyze, and to
provide a permanent record of emissions or process parameters. A
particulate matter continuous parameter monitoring system (PM CPMS) is
a type of CMS.
* * * * *
    Cyclonic burn barrel means a combustion device for waste materials
that is attached to a 55 gallon, openhead drum. The device consists of
a lid, which fits onto and encloses the drum, and a blower that forces
combustion air into the drum in a cyclonic manner to enhance the mixing
of waste material and air. A cyclonic burn barrel is not an
incinerator, waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements.
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
* * * * *
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator under the Resource
Conservation and Recovery Act in 40 CFR part 241) for energy recovery.
Energy recovery units include units that would be considered boilers
and process heaters if they did not combust solid waste.
    Energy recovery unit designed to burn biomass (Biomass) means an
energy recovery unit that burns solid waste, biomass, and non-coal
solid materials but less than 10 percent coal, on a heat input basis on
an annual average, either alone or in combination with liquid waste,
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy
recovery unit that burns solid waste and at least 10 percent coal on a
heat input basis on an annual average, either alone or in combination
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and
gas (Liquid/gas) means an energy recovery unit that burns a liquid
waste with liquid or gaseous fuels not combined with any solid fuel or
waste materials.
    Energy recovery unit designed to burn solid materials (Solids)
includes energy

recovery units designed to burn coal and energy recovery units designed
to burn biomass.
* * * * *
    Foundry sand thermal reclamation unit means a type of part
reclamation unit that removes coatings that are on foundry sand. A
foundry sand thermal reclamation unit is not an incinerator, waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
* * * * *
    Homogeneous wastes are stable, consistent in formulation, have
known fuel properties, have a defined origin, have predictable chemical
and physical attributes, and result in consistent combustion
characteristics and have a consistent emissions profile.
    Incinerator means any furnace used in the process of combusting
solid waste (as that term is defined by the Administrator under 40 CFR
part 241) for the purpose of reducing the volume of the waste by
removing combustible matter. Incinerator designs include single chamber
and two-chamber.
    Kiln means an oven or furnace, including any associated preheater
or precalciner devices, used for processing a substance by burning,
firing or drying. Kilns include cement kilns that produce clinker by
heating limestone and other materials for subsequent production of
Portland Cement.
    Laboratory analysis unit means units that burn samples of materials
for the purpose of chemical or physical analysis. A laboratory analysis
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
* * * * *
    Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
during the most recent particulate matter or mercury performance test
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has
been changed later than June 1, 2001, and that meets one of two
criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs