(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
highest 1-hour average charge rate, lower secondary chamber
temperature, and lowest reagent flow rate measured during the most
recent performance test demonstrating compliance with the nitrogen
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission
limitations, you must measure the injection rate of each sorbent during
the performance testing. The operating limit for the injection rate of
each sorbent is calculated as the lowest 1-hour average injection rate
or each sorbent measured during the most recent performance test
demonstrating compliance with the hydrogen chloride emission
limitations. For energy recovery units, when your unit operates at
lower loads, multiply your sorbent injection rate by the load fraction,
as defined in this subpart, to determine the required injection rate
(e.g., for 50 percent load, multiply the injection rate operating limit
by 0.5).
    (h) 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).
    (i) If you use a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (i)(1) through (5) of this section.
    (1) Determine your operating limit as the average PM CPMS output
value recorded during the performance test or at a PM CPMS output value
corresponding to 75% of the emission limit if your PM performance test
demonstrates compliance below 75% of the emission limit. You must
verify an existing or establish a new operating limit after each
repeated performance test. You must repeat the performance test
annually and reassess and adjust the site-specific operating limit in
accordance with the results of the performance test.
    (A) Your PM CPMS must provide a 4-20 milliamp output and the
establishment of its relationship to manual reference method
measurements must be determined in units of milliamps.

    (B) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to at least two times
your allowable emission limit. If your PM CPMS is an auto-ranging
instrument capable of multiple scales, the primary range of the
instrument must be capable of reading PM concentration from zero to a
level equivalent to two times your allowable emission limit.
    (C) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp output values from the PM CPMS for the periods
corresponding to the compliance test runs (e.g., average all your PM
CPMS output values for three corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below
75% of your PM emission limit, you must calculate an operating limit by
establishing a relationship of PM CPMS signal to PM concentration using
the PM CPMS instrument zero, the average PM CPMS values corresponding
to the three compliance test runs, and the average PM concentration
from the Method 5 or performance test with the procedures in
(i)(1)through (5) of this section.
    (i) Determine your instrument zero output with one of the following
procedures:
    (A) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench.
    (B) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air.
    (C) The zero point can also can be established obtained by
performing manual reference method measurements when the flue gas is
free of PM emissions or contains very low PM concentrations (e.g., when
your process is not operating, but the fans are operating or your
source is combusting only natural gas) and plotting these with the
compliance data to find the zero intercept.
    (D) If none of the steps in paragraphs (i)(2)(i) through (iv) of
this section are possible, you must use a zero output value provided by
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, and
the average of your corresponding three PM compliance test runs, using
equation 1.
[GRAPHIC] [TIFF OMITTED] TR07FE13.000

Where:

    X1 = the PM CPMS data points for the three runs
constituting the performance test,
    Y1 = the PM concentration value for the three runs
constituting the performance test, and
    n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, your three
run average PM CPMS milliamp value, and your three run average PM
concentration from your three compliance tests, determine a
relationship of lb/Mmbtu per milliamp with equation 2.
[GRAPHIC] [TIFF OMITTED] TR07FE13.001

Where:

    R = the relative mg/dscm per milliamp for your PM CPMS,
    Y1 = the three run average mg/dscm PM concentration,
    X1 = the three run average milliamp output from you
PM CPMS, and
    z = the milliamp equivalent of your instrument zero determined
from (2)(i).

    (iv) Determine your source specific 30-day rolling average
operating limit using the mg/dscm per milliamp value from Equation 2 in
equation 3, below. This sets your operating limit at the PM CPMS output
value corresponding to 75% of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR07FE13.002

Where:

    Ol = the operating limit for your PM CPMS on a 30-day
rolling average, in milliamps.
    L = your source emission limit expressed in lb/Mmbtu,
    z = your instrument zero in milliamps, determined from (2)(a),
and
    R = the relative mg/dscm per milliamp for your PM CPMS, from
Equation 3.

    (3) If the average of your three PM compliance test runs is at or
above 75% of your PM emission limit you must determine your operating
limit by averaging the PM CPMS milliamp output corresponding to your
three PM performance test runs that demonstrate compliance with the
emission limit using equation 4 and you must submit all compliance test
and PM CPMS data according to the reporting requirements in paragraph
(i)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR07FE13.003

Where:

    X1 = the PM CPMS data points for all runs i,
    n = the number of data points, and
    Oh = your site specific operating limit, in
milliamps.

    (4) To determine continuous compliance, you must record the PM CPMS
output data for all periods when the process is operating and the PM
CPMS is not out-of-control. You must demonstrate continuous compliance
by using all quality-assured hourly average data collected by the PM
CPMS for all operating hours to calculate the arithmetic average
operating parameter in units of the operating limit (e.g., milliamps,
PM concentration, raw data signal) on a 30-day rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating
limit, the electronic submission of the test report must also include
the make and model of the PM CPMS instrument, serial number of the
instrument, analytical principle of the instrument (e.g., beta
attenuation), span of the instruments primary analytical range,
milliamp value equivalent to the instrument zero output, technique by
which this zero value was determined, and the average milliamp signals
corresponding to each PM compliance test run.

0
10. Section 60.2115 is amended by revising the section heading and the
introductory text to read as follows:

Sec.  60.2115  What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber 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, an electrostatic precipitator, or a dry scrubber 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 submit the petition at least sixty days
before the performance test is scheduled to begin. Your petition must
include the five items listed in paragraphs (a) through (e) of this
section.
* * * * *

0
11. Section 60.2120 is revised to read as follows:

Sec.  60.2120  Affirmative defense for violation of emission standards
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 violations of such standards that are
caused by malfunction, as defined at 40 CFR 60.2. Appropriate penalties
may be assessed 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) Assertion of affirmative defense. To establish the affirmative
defense in any action to enforce such a standard, you must timely meet
the reporting requirements in paragraph (b) of this section, and must
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of
air pollution control 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) Was not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation
occurred; and
    (3) The frequency, amount, and duration of the violation (including
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation 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
violation on ambient air quality, the environment, and human health;
and
    (6) All emissions monitoring and 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 violation were documented
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source 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 violation resulting from the malfunction event at
issue. The analysis shall also specify, using best monitoring methods
and engineering judgment, the amount of any emissions that were the
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative
defense shall submit a written report to the Administrator with all
necessary supporting documentation, that it has met the requirements
set forth in paragraph (a) of this section. This affirmative defense
report shall be included in the first periodic compliance, deviation
report or excess emission report otherwise required after the initial
occurrence of the violation of the relevant standard (which may be the
end of any applicable averaging period). If such compliance, deviation
report or excess emission report is due less than 45 days after the
initial occurrence of the violation, the affirmative defense report may
be included in the second compliance, deviation report or excess
emission report due after the initial occurrence of the violation of
the relevant standard.

0
12. Section 60.2125 is amended by:
0
a. Revising paragraph (g) introductory text.
0
b. Redesignating paragraphs (g)(2) and (3) as paragraphs (g)(3) and
(4), respectively.
0
c. Revising newly designated paragraphs (g)(3) and (4).
0
d. Adding new paragraph (g)(2).
0
e. Revising paragraph (i).
0
f. Adding paragraph (j).
    The revisions and additions read as follows:

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

* * * * *
    (g) You must determine dioxins/furans toxic equivalency by
following the procedures in paragraphs (g)(1) through (4) of this
section.
* * * * *
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section <IP_ADDRESS> of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section <IP_ADDRESS>.)
    (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer
measured in accordance with paragraph (g)(1) and (2) of this section,
multiply the isomer concentration by its corresponding toxic
equivalency factor specified in table 3 of this subpart.
    (4) Sum the products calculated in accordance with paragraph (g)(3)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
* * * * *
    (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.
    (j) You must determine dioxins/furans total mass basis by following
the procedures in paragraphs (j)(1) through (3) of this section.
    (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) Quantify isomers meeting identification criteria 2, 3, 4, and 5
in Section <IP_ADDRESS> of Method 23, regardless of whether the isomers meet
identification criteria 1 and 7. You must quantify the isomers per
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot
or split to reduce the number of isomers not meeting identification
criteria 1 or 7 of Section <IP_ADDRESS>.)
    (3) Sum the quantities measured in accordance with paragraphs
(j)(1) and (2) of this section to obtain the total concentration of
dioxins/furans emitted in terms of total mass basis.
0
13. Section 60.2140 is amended by revising paragraph (c) to read as
follows:

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

* * * * *
    (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 solid waste within
the 6 months preceding

the reintroduction of that solid waste in the combustion chamber, you
must conduct a performance test within 60 days commencing or
recommencing solid waste combustion.

0
14. Section 60.2145 is amended by:
0
a. Revising paragraph (a)(6).
0
b. Revising paragraphs (b) through (d).
0
c. Revising paragraphs (f) through (j).
0
d. Revising paragraph (m)(2).
0
e. Revising paragraph (n)(4).
0
f. Revising paragraphs (s) introductory text, (s)(1) introductory text,
and (s)(2).
0
g. Revising paragraph (t) introductory text and (t)(1) introductory
text.
0
h. Revising paragraph (u).
0
i. Adding paragraphs (w) and (x).
    The revisions and additions read as follows:

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

    (a) * * *
    (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 (if PM CEMS are elected to
demonstrate continuous compliance with the particulate matter emission
limits). 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
or, for energy recovery units, where the averaging time for each
operating parameter is a 30-day rolling, calculated each hour as the
average of the previous 720 operating hours. Operation above the
established maximum, below the established minimum, or outside the
allowable range of 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.
* * * * *
    (f) For energy recovery units, you must conduct an annual
performance test for opacity (except where particulate matter CEMS or
continuous opacity monitoring systems are used 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) Coal and liquid/gas energy recovery units with average annual
heat input rates 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. Coal and liquid/
gas energy recovery units with annual average heat input rates less
than 250 MMBtu/hr, incinerators, and small remote incinerators may also
elect to demonstrate compliance using a particulate matter CEMS
according to the procedures in Sec.  60.2165(n) instead of particulate
matter testing with EPA Method 5 at 40 CFR part 60, appendix A-3 and,
if applicable, the continuous opacity monitoring requirements in
paragraph (i) of this section.
    (i) For energy recovery units with annual average heat input rates
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 or dry scrubber. You must determine compliance with
nitrogen oxides, sulfur dioxide, and carbon monoxide using CEMS. You
must determine compliance with particulate matter using CPMS. 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. You must demonstrate
compliance with the mercury emissions limit using a 30-day rolling
average of these 1-hour mercury 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. 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.
    (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
including at least one period when the raw mill is off.
* * * * *
    (m) * * *
    (2) Use a flow sensor with a measurement sensitivity at full scale
of no greater than 2 percent.
* * * * *
    (n) * * *
    (4) Perform checks at the frequency outlined in your site-specific
monitoring plan to ensure pressure measurements are not obstructed
(e.g., check for pressure tap pluggage daily).
* * * * *
    (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. 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 calculate a
30-day rolling average of the 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. 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 CEMS and the test methods
specified in paragraphs (s)(1)(i) and (ii) of this section.
* * * * *
    (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.
* * * * *
    (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. 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
calculate a 30-day rolling average of the 1-hour arithmetic average
emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, 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.
* * * * *
    (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 of 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. CEMS data during startup and shutdown, as defined in the
subpart, are not corrected to 7 percent oxygen, and are measured at
stack oxygen content.
    (2) Operate all CEMS in accordance with the applicable procedures
under appendices B and F of this part.
* * * * *
    (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 a 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 within compliance with
paragraph (w)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen 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 annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (x)(1) through (8) of
this section. For other energy recovery units, you may elect to use PM
CPMS operated in accordance with this section. PM CPMS are suitable in
lieu of using other CMS for monitoring PM compliance (e.g., bag leak
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, 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, beta
attenuation, or mass accumulation detection of the exhaust gas or
representative sample. The reportable measurement output from the PM
CPMS must be expressed as milliamps.
    (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.
    (2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps).
    (5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (x)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
    (ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify. Within 45 days of the deviation, you must re-establish the
CPMS operating limit. You are not required to conduct additional
testing for any deviations that occur between the time of the original
deviation and the PM emissions compliance test required under this
paragraph.
    (iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.

0
15. Section 60.2165 is amended by:
0
a. Revising paragraph (c).
0
b. Revising paragraphs (g) through (k).
0
c. Revising paragraphs (l)(1) and (2).
0
d. Revising paragraph (m) introductory text.
0
e. Revising paragraph (n) introductory text.
0
f. Removing paragraph (n)(14).
0
g. Revising paragraphs (n)(6), (n)(7), (n)(9) through (n)(11), (n)(12)
introductory text, and (n)(12)(ii).
0
h. Revising paragraphs (o)(1) and (2).
0
i. Adding paragraphs (q), (r), and (s).
    The revisions and additions read as follows:

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

* * * * *
    (c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, an electrostatic
precipitator, or a dry scrubber 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.
* * * * *
    (g) For waste-burning kilns not equipped with a wet scrubber or dry
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 or dry 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, monitoring the minimum scrubber liquor pH, and
monitoring minimum injection rate.
    (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 using
other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP
secondary power, PM scrubber pressure).
    (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). A facility may
substitute continuous dioxin/furan monitoring for the minimum sorbent
flow rate, if activated carbon sorbent

injection is used solely for compliance with the dioxin/furan emission
limit.
    (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). A facility may
substitute continuous mercury monitoring for the minimum sorbent flow
rate, if activated carbon sorbent injection is used solely for
compliance with the mercury emission limit.
    (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 and monitoring the charge rate,
secondary chamber temperature, and reagent flow for selective
noncatalytic reduction, if applicable.
    (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 corrected to 7 percent oxygen (dry basis) and used to
calculate the 30-day rolling average 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).
    (l) * * *
    (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. 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).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250
MMBtu/hr annual average heat input rates 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).
* * * * *
    (n) For coal and liquid/gas energy recovery units, incinerators,
and small remote incinerators, an owner or operator may elect to
install, calibrate, maintain, and operate a CEMS for monitoring
particulate matter emissions discharged to the atmosphere and record
the output of the system. The owner or operator of an affected facility
who continuously monitors particulate matter emissions instead of
conducting performance testing using EPA Method 5 at 40 CFR part 60,
appendix A-3 or, as applicable, monitor with a particulate matter CPMS
according to paragraph (r) of this section, must install, calibrate,
maintain, and operate a CEMS and must comply with the requirements
specified in paragraphs (n)(1) through (13) of this section.
* * * * *
    (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, if PM CEMS are elected for demonstrating compliance, must be
determined by using the CEMS specified in this paragraph (n) to measure
particulate matter. You must calculate a 30-day rolling average of 1-
hour arithmetic average emission concentrations, including CEMS data
during startup and shutdown, as defined in this subpart, 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.
* * * * *
    (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. 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).
    (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 CEMS and the following
test methods.
* * * * *
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
as applicable, must be used.
* * * * *
    (o) * * *
    (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).
* * * * *
    (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 within compliance with
paragraph (q)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen according
to paragraph (q)(4) or this section 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 annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (r)(1) through (8) 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. PM CPMS are suitable in lieu of using other CMS for
monitoring PM compliance (e.g., bag leak detectors, ESP secondary
power, PM scrubber pressure).
    (1) Install, calibrate, 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, beta
attenuation, or mass accumulation detection of PM in the exhaust gas or
representative sample. The reportable measurement output from the PM
CPMS must be expressed as milliamps.
    (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.
    (2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps).
    (5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (r)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
    (ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS

measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify. Within 45 days of the deviation, you must re-establish the
CPMS operating limit. You are not required to conduct additional
testing for any deviations that occur between the time of the original
deviation and the PM emissions compliance test required under this
paragraph.
    (iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of
this subpart, you must monitor the injection rate of each sorbent and
maintain the 3-hour block averages at or above the operating limits
established during the hydrogen chloride performance test.
0
16. Section 60.2170 is amended by revising paragraph (b) to read as
follows:

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

* * * * *
    (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.
* * * * *

0
17. Section 60.2175 is amended by:
0
a. Revising the introductory text.
0
b. Revising paragraph (b)(5).
0
c. Revising paragraph (e).
0
d. Revising paragraph (p)(4).
0
e. Adding paragraphs (p)(8) and (p)(9).
0
f. Revising paragraphs (v) and (w).
0
g. Adding paragraph (x).
    The revisions and additions read as follows:

Sec.  60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (x) 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 (g) or
Sec.  60.2115, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits. For
energy recovery units using activated carbon injection or a dry
scrubber, you must also maintain records of the load fraction and
corresponding sorbent injection rate records.
* * * * *
    (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 (g) or Sec.  60.2115 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
* * * * *
    (p) * * *
    (4) All 1-hour average concentrations of carbon monoxide emissions.
You must indicate which data are CEMS data during startup and shutdown.
* * * * *
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS
outputs.
* * * * *
    (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 under Sec.  241.3(d)(1). 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 and each of the legitimacy criteria of Sec.
241.3(d)(1) 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. For operating
units that combust non-hazardous secondary materials as fuel per Sec.
241.4, you must keep records documenting that the material is a listed
non-waste under Sec.  241.4(a).
    (w) Records of the criteria used to establish that the unit
qualifies as a small power production facility under section 3(17)(C)
of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste
material the unit is proposed to burn is homogeneous.
    (x) Records of the criteria used to establish that the unit
qualifies as a cogeneration facility under section 3(18)(B) of the
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material
the unit is proposed to burn is homogeneous.

0
18. Section 60.2210 is amended by revising paragraph (m) introductory
text and paragraph (n) to read as follows:

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

* * * * *
    (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.
* * * * *
    (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.
* * * * *

0
19. 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) Submit results of performance tests and CEMS performance
evaluation tests as follows.
    (1) Within 60 days after the date of completing each performance
test as required by this subpart, you must submit the results of the
performance tests required by this subpart to EPA's WebFIRE database by
using the Compliance and Emissions Data Reporting Interface (CEDRI)
that is accessed through EPA's Central Data Exchange (CDX)(www.epa.gov/cdx). Performance test data must be submitted in the file format
generated through use of EPA's Electronic Reporting Tool (ERT) (see
http://www.epa.gov/ttn/chief/ert/index.html). Only data collected using
test methods on the ERT Web site are subject to this requirement for
submitting reports electronically to WebFIRE. Owners or operators who
claim that some of the information being

submitted for performance tests is confidential business information
(CBI) must submit a complete ERT file including information claimed to
be CBI on a compact disk, flash drive, or other commonly used
electronic storage media to EPA. The electronic media must be clearly
marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention:
WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703.
The same ERT file with the CBI omitted must be submitted to EPA via CDX
as described earlier in this paragraph. At the discretion of the
delegated authority, you must also submit these reports, including the
confidential business information, to the delegated authority in the
format specified by the delegated authority. For any performance test
conducted using test methods that are not listed on the ERT Web site,
the owner or operator shall submit the results of the performance test
in paper submissions to the Administrator.
    (2) Within 60 days after the date of completing each CEMS
performance evaluation test, as defined in this subpart and required by
this subpart, you must submit the relative accuracy test audit (RATA)
data electronically into EPA's Central Data Exchange by using CEDRI as
mentioned in paragraph (b)(1) of this section. Only RATA pollutants
that can be documented with the ERT (as listed on the ERT Web site) are
subject to this requirement. For any performance evaluations with no
corresponding RATA pollutants listed on the ERT Web site, the owner or
operator shall submit the results of the performance evaluation in
paper submissions to the Administrator.

0
20. Section 60.2265 is amended by:
0
a. Adding in alphabetical order definitions for ``30-day rolling
average,'' ``Annual heat input,'' ``Average annual heat input rate,''
``CEMS data during startup and shutdown,'' ``Contained gaseous
material,'' ``Continuous emission monitoring system,'' ``Dry
scrubber,'' ``Foundry sand thermal reclamation unit,'' ``Load
fraction,'' ``Municipal solid waste or municipal type solid waste,''
``Oxygen analyzer system,'' ``Oxygen trim system,'' ``Responsible
official,'' and ``Solid waste.''
0
b. Revising definitions for ``Chemical recovery unit,'' ``Commercial
and industrial solid waste incineration (CISWI) unit,'' ``Continuous
monitoring system (CMS),'' ``Cyclonic burn barrel,'' ``Energy recovery
unit,'' ``Energy recovery unit designed to burn biomass (Biomass),''
``Incinerator,'' ``Modification or modified CISWI unit,'' ``Process
change,'' ``Raw mill,'' ``Small, remote incinerator,'' ``Soil treatment
unit,'' ``Solid waste incineration unit,'' ``Space heater,'' and
``Waste-burning kiln.''
0
c. Removing the definition for ``Homogeneous wastes'' and ``Cyclonic
barrel burner.''
    The revisions and additions read as follows:

Sec.  60.2265  What definitions must I know?

* * * * *
    30-day rolling average means the arithmetic mean of the previous
720 hours of valid operating data. Valid data excludes periods when
this unit is not operating. The 720 hours should be consecutive, but
not necessarily continuous if operations are intermittent.
* * * * *
    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.
* * * * *
    CEMS data during startup and shutdown means the following:
    (1) For incinerators, small remote incinerators, and energy
recovery units: CEMS data collected during the first hours of a CISWI
unit startup from a cold start until waste is fed to the unit and the
hours of operation following the cessation of waste material being fed
to the CISWI unit during a unit shutdown. For each startup event, the
length of time that CEMS data may be claimed as being CEMS data during
startup must be 48 operating hours or less. For each shutdown event,
the length of time that CEMS data may be claimed as being CEMS data
during shutdown must be 24 operating hours or less.
    (2) For waste-burning kilns: CEMS data collected during the periods
of kiln operation that do not include normal operations. Startup begins
when the kiln's induced fan is turned on and continues until continuous
feed is introduced into the kiln, at which time the kiln is in normal
operating mode. Shutdown begins when feed to the kiln is halted.
    Chemical recovery unit means combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. The following seven types of units are
considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals that are reclaimed and reused as catalysts
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
* * * * *
    Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec.  241.2 that have been discarded, and you do not keep and
produce records as required by Sec.  60.2175(v), 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.
    Contained gaseous material means gases that are in a container when
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet

the data acquisition and availability requirements of this subpart,
used to sample, condition (if applicable), analyze, and provide a
record of emissions.
    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, open-head 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, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
* * * * *
    Dry scrubber means an add-on air pollution control system that
injects dry alkaline sorbent (dry injection) or sprays an alkaline
sorbent (spray dryer) to react with and neutralize acid gas in the
exhaust stream forming a dry powder material. Sorbent injection systems
in fluidized bed boilers and process heaters are included in this
definition. A dry scrubber is a dry control system.
* * * * *
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator 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.
* * * * *
    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, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
    Incinerator means any furnace used in the process of combusting
solid waste (as that term is defined by the Administrator in 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.
* * * * *
    Load fraction means the actual heat input of an energy recovery
unit divided by heat input during the performance test that established
the minimum sorbent injection rate or minimum activated carbon
injection rate, expressed as a fraction (e.g., for 50 percent load the
load fraction is 0.5).
* * * * *
    Modification or modified CISWI unit means a CISWI unit that has
been changed later than August 7, 2013 and that meets one of two
criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI unit used to calculate these costs, see the definition of
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method
of operating it that increases the amount of any air pollutant emitted
for which section 129 or section 111 of the Clean Air Act has
established standards.
    Municipal solid waste or municipal-type solid waste means
household, commercial/retail, or institutional waste. Household waste
includes material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing. Commercial/retail
waste includes material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at industrial facilities, and
other similar establishments or facilities. Institutional waste
includes materials discarded by schools, by hospitals (nonmedical), by
nonmanufacturing activities at prisons and government facilities, and
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste
does not include used oil; sewage sludge; wood pallets; construction,
renovation, and demolition wastes (which include railroad ties and
telephone poles); clean wood; industrial process or manufacturing
wastes; medical waste; or motor vehicles (including motor vehicle parts
or vehicle fluff).
* * * * *
    Oxygen analyzer system means all equipment required to determine
the oxygen content of a gas stream and used to monitor oxygen in the
boiler or process heater flue gas, boiler or process heater, firebox,
or other appropriate location. This definition includes oxygen trim
systems and certified oxygen CEMS. The source owner or operator is
responsible to install, calibrate, maintain, and operate the oxygen
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device. A
typical system consists of a flue gas oxygen and/or carbon monoxide
monitor that automatically provides a feedback signal to the combustion
air controller.
* * * * *
    Process change means any of the following physical or operational
changes:
    (1) A physical change (maintenance activities excluded) to the
CISWI unit which may increase the emission rate of any air pollutant to
which a standard applies;
    (2) An operational change to the CISWI unit where a new type of
non-hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air
pollution control devices used to comply with the emission limits for
the CISWI unit (e.g., replacing an electrostatic precipitator with a
fabric filter);
    (4) An operational change to the air pollution control devices used
to comply with the emission limits for the affected CISWI unit (e.g.,
change in the sorbent injection rate used for activated carbon
injection).
* * * * *
    Raw mill means a ball or tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
* * * * *
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized

representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
    (ii) The delegation of authority to such representatives is
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards,
requirements, or prohibitions under Title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under
part 60.
* * * * *
    Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator in 40 CFR part 241)
and combusts 3 tons per day or less solid waste and is more than 25
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil
treatment unit may be direct-fired or indirect fired. A soil treatment
unit is not an incinerator, a waste-burning kiln, an energy recovery
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste (as that term is defined by
the Administrator in 40 CFR part 241) material from commercial or
industrial establishments or the general public (including single and
multiple residences, hotels and motels). Such term does not include
incinerators or other units required to have a permit under section
3005 of the Solid Waste Disposal Act. The term ``solid waste
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary
smelters) which combust waste for the primary purpose of recovering
metals;
    (2) Qualifying small power production facilities, as defined in
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as defined in section 3(18)(B) of
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous
waste (such as units which burn tires or used oil, but not including
refuse-derived fuel) for the production of electric energy or in the
case of qualifying cogeneration facilities which burn homogeneous waste
for the production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial, commercial,
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only
burn wood wastes, yard wastes, and clean lumber and that such air
curtain incinerators comply with opacity limitations to be established
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR
279.23. A space heater is not an incinerator, a waste-burning kiln, an
energy recovery unit or a small, remote incinerator under this subpart.
* * * * *
    Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator in 40 CFR part 241). Secondary materials used in Portland
cement kilns shall not be deemed to be combusted unless they are
introduced into the flame zone in the hot end of the kiln or mixed with
the precalciner fuel.
* * * * *

0
21. Table 1 to subpart CCCC of part 60 is amended by:
0
a. Revising the table heading.
0
b. Revising the entry for ``Carbon monoxide''.
0
c. Revising the entry for ``Dioxin/Furan (toxic equivalency basis)''.
0
d. Revising the entry for ``Hydrogen Chloride''.
0
e. Revising the entry for ``Nitrogen Oxides''.
0
f. Revising the entry for ``Sulfur Dioxide''.
    The revisions read as follows:

  Table 1 to Subpart CCCC of Part 60--Emission Limitations for CISWI Units for Which Construction is Commenced
     After November 30, 1999, But no Later Than June 4, 2010, or for Which Modification or Reconstruction is
                      Commenced on or After June 1, 2001, But no Later Than August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
      For the air pollutant           You must meet this      Using this averaging time    compliance using this
                                   emission limitation \a\                                        method
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Carbon monoxide..................  157 parts per million    3-run average (1 hour         Performance test
                                    by dry volume.           minimum sample time per       (Method 10 at 40 CFR
                                                             run).                         part 60, appendix A-
                                                                                4).
Dioxin/Furan (toxic equivalency    0.41 nanograms per dry   3-run average (collect a      Performance test
 basis).                            standard cubic meter.    minimum volume of 4 dry       (Method 23 of
                                                             standard cubic meters per     appendix A-7 of this
                                                             run).                         part).
Hydrogen chloride................  62 parts per million by  3-run average (For Method     Performance test
                                    dry volume.              26, collect a minimum         (Method 26 or 26A at
                                                             volume of 120 liters per      40 CFR part 60,
                                                             run. For Method 26A,          appendix A-8).
                                                             collect a minimum volume of
                                                             1 dry standard cubic meter
                                                             per run).

                                                  * * * * * * *
Nitrogen Oxides..................  388 parts per million    3-run average (for Method     Performance test
                                    by dry volume.           7E, 1 hour minimum sample     (Method 7 or 7E at 40
                                                             time per run).                CFR part 60, appendix
                                                                                A-4).

                                                  * * * * * * *
Sulfur Dioxide...................  20 parts per million by  3-run average (For Method 6,  Performance test
                                    dry volume.              collect a minimum volume of   (Method 6 or 6C at 40
                                                             20 liters per run. For        CFR part 60, appendix
                                                             Method 6C, collect sample     A-4).
                                                             for a minimum duration of 1
                                                             hour per run).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Incorporated by reference, see Sec.   60.17.

* * * * *

0
22. Table 2 to subpart CCCC of part 60 is amended by revising footnote
a to read as follows:
    Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet
Scrubbers
* * * * *
    \a\ Calculated each hour as the average of the previous 3
operating hours.

0
23. Table 5 to subpart CCCC of part 60 is amended by:
0
a. Revising the table heading.
0
b. Revising the entry for ``Carbon Monoxide''.
0
c. Revising the entry for ``Dioxin/furan (Total Mass Basis)''.
0
d. Revising the entry for ``Hydrogen chloride''.
0
e. Revising the entry for ``Lead''.
0
f. Revising the entry for ``Mercury''.
0
g. Revising the entry for ``Nitrogen Oxides''.
0
h. Revising the entry for ``Sulfur dioxide''.
0
i. Adding footnote c.
    The revisions and addition read as follows:

Table 5 to Subpart CCCC of Part 60--Emission Limitations for Incinerators That Commenced Construction After June
                 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
      For the air  pollutant          You must meet this      Using this averaging time    compliance using this
                                   emission limitation \a\                                        method
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Carbon monoxide..................  17 parts per million by  3-run average (1 hour         Performance test
                                    dry volume.              minimum sample time per       (Method 10 at 40 CFR
                                                             run).                         part 60, appendix A-
                                                                                4).
Dioxin/furan (Total Mass Basis)..  0.58 nanograms per dry   3-run average (collect a      Performance test
                                    standard cubic meter     minimum volume of 4 dry       (Method 23 at 40 CFR
                                    \c\.                     standard cubic meters per     part 60, appendix A-
                                                             run).                         7).

                                                  * * * * * * *
Hydrogen chloride................  0.091 parts per million  3-run average (For Method     Performance test
                                    by dry volume.           26, collect a minimum         (Method 26 or 26A at
                                                             volume of 360 liters per      40 CFR part 60,
                                                             run. For Method 26A,          appendix A-8).
                                                             collect a minimum volume of
                                                             3 dry standard cubic meters
                                                             per run).
Lead.............................  0.015 milligrams per     3-run average (collect a      Performance test
                                    dry standard cubic       minimum volume of 4 dry       (Method 29 of
                                    meter \c\.               standard cubic meters per     appendix A-8 at 40
                                                             run).                         CFR part 60). Use
                                                                                ICPMS for the
                                                                                analytical finish.
Mercury..........................  0.00084 milligrams per   3-run average (collect        Performance test
                                    dry standard cubic       enough volume to meet a       (Method 29 or 30B at
                                    meter \c\.               detection limit data          40 CFR part 60,
                                                             quality objective of 0.03     appendix A-8) or ASTM
                                                             ug/dry standard cubic         D6784-02 (Reapproved
                                                             meter).                       2008).\b\
Nitrogen Oxides..................  23 parts per million     3-run average (for Method     Performance test
                                    dry volume.              7E, 1 hour minimum sample     (Method 7 or 7E at 40
                                                             time per run).                CFR part 60, appendix
                                                                                A-4).

                                                  * * * * * * *
Sulfur dioxide...................  11 parts per million     3-run average (1 hour         Performance test
                                    dry volume.              minimum sample time per       (Method 6 or 6C at 40
                                                             run).                         CFR part 60, appendix
                                                                                A-4).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec.   60.17.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.

0
24. Table 6 to subpart CCCC of part 60 is amended by:
0
a. Revising the table heading.
0
b. Revising the entry for ``Cadmium''.
0
c. Revising the entry for ``Carbon monoxide''.
0
d. Revising the entry for ``Dioxins/furans (Total Mass Basis)''.
0
e. Revising the entry for ``Dioxins/furans (toxic equivalency basis)''.
0
f. Revising the entry for ``Hydrogen chloride''.
0
g. Revising the entry for ``Lead''.
0
h. Revising the entry for ``Mercury''.
0
i. Revising the entry for ``Oxides of nitrogen''.
0
j. Revising the entry for ``Particulate matter (filterable)''.
0
k. Revising the entry for ``Sulfur dioxide''.
0
l. Adding footnote c.
    The revisions and addition read as follows:

 Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy Recovery Units That Commenced Construction
            After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                      You must meet this emission
                                            limitation \a\              Using this averaging    And determining
     For the air pollutant      --------------------------------------          time            compliance using
                                     Liquid/Gas           Solids                                  this method
----------------------------------------------------------------------------------------------------------------
Cadmium........................  0.023 milligrams   Biomass--0.0014    3-run average (collect  Performance test
                                  per dry standard   milligrams per     a minimum volume of 4   (Method 29 at 40
                                  cubic meter.       dry standard       dry standard cubic      CFR part 60,
                                                     cubic meter. \c\   meters per run).        appendix A-8).
                                                    Coal--0.0095                                Use ICPMS for
                                                     milligrams per                             the analytical
                                                     dry standard                               finish.
                                                     cubic meter.
Carbon monoxide................  35 parts per       Biomass--240       3-run average (1 hour   Performance test
                                  million dry        parts per          minimum sample time     (Method 10 at 40
                                  volume.            million dry        per run).               CFR part 60,
                                                     volume.                                    appendix A-4).
                                                    Coal--95 parts
                                                     per million dry
                                                     volume.
Dioxin/furans (Total Mass        No Total Mass      Biomass--0.52      3-run average (collect  Performance test
 Basis).                          Basis limit,       nanograms per      a minimum volume of 4   (Method 23 at 40
                                  must meet the      dry standard       dry standard cubic      CFR part 60,
                                  toxic              cubic meter. \c\   meters).                appendix A-7).
                                  equivalency       Coal--5.1
                                  basis limit        nanograms per
                                  below.             dry standard
                                                     cubic meter. \c\.
Dioxins/furans (toxic            0.093 nanograms    Biomass--0.076     3-run average (collect  Performance test
 equivalency basis).              per dry standard   nanograms per      a minimum volume of 4   (Method 23 of
                                  cubic meter. \c\   dry standard       dry standard cubic      appendix A-7 of
                                                     cubic meter. \c\   meters per run).        this part).
                                                    Coal--0.075
                                                     nanograms per
                                                     dry standard
                                                     cubic meter. \c\.
Hydrogen chloride..............  14 parts per       Biomass--0.20      3-run average (For      Performance test
                                  million dry        parts per          Method 26, collect a    (Method 26 or
                                  volume.            million dry        minimum volume of 360   26A at 40 CFR
                                                     volume.            liters per run. For     part 60,
                                                    Coal--13 parts      Method 26A, collect a   appendix A-8).
                                                     per million dry    minimum volume of 3
                                                     volume.            dry standard cubic
                                                                        meters per run).
Lead...........................  0.096 milligrams   Biomass--0.014     3-run average (collect  Performance test
                                  per dry standard   milligrams per     a minimum volume of 4   (Method 29 at 40
                                  cubic meter.       dry standard       dry standard cubic      CFR part 60,
                                                     cubic meter. \c\   meters per run).        appendix A-8).
                                                    Coal--0.14                                  Use ICPMS for
                                                     milligrams per                             the analytical
                                                     dry standard                               finish.
                                                     cubic meter..
Mercury........................  0.00056            Biomass--0.0022    3-run average (collect  Performance test
                                  milligrams per     milligrams per     enough volume to meet   (Method 29 or
                                  dry standard       dry standard       an in-stack detection   30B at 40 CFR
                                  cubic meter. \c\   cubic meter.       limit data quality      part 60,
                                                    Coal--0.016         objective of 0.03 ug/   appendix A-8) or
                                                     milligrams per     dscm).                  ASTM D6784-02
                                                     dry standard                               (Reapproved
                                                     cubic meter.                               2008)b.
Oxides of nitrogen.............  76 parts per       Biomass--290       3-run average (for      Performance test
                                  million dry        parts per          Method 7E, 1 hour       (Method 7 or 7E
                                  volume.            million dry        minimum sample time     at 40 CFR part
                                                     volume.            per run).               60, appendix A-
                                                    Coal--340 parts                             4).
                                                     per million dry
                                                     volume.

Particulate matter (filterable)  110 milligrams     Biomass--5.1       3-run average (collect  Performance test
                                  per dry standard   milligrams per     a minimum volume of 1   (Method 5 or 29
                                  cubic meter.       dry standard       dry standard cubic      at 40 CFR part
                                                     cubic meter.       meter per run).         60, appendix A-3
                                                    Coal--160                                   or appendix A-8)
                                                     milligrams per                             if the unit has
                                                     dry standard                               an annual
                                                     cubic meter.                               average heat
                                                                                input rate less
                                                                                than 250 MMBtu/
                                                                                hr; or PM CPMS
                                                                                (as specified in
                                                                                Sec.
                                                                                60.2145(x)) if
                                                                                the unit has an
                                                                                annual average
                                                                                heat input rate
                                                                                equal to or
                                                                                greater than 250
                                                                                MMBtu/hr.
Sulfur dioxide.................  720 parts per      Biomass--7.3       3-run average (for      Performance test
                                  million dry        parts per          Method 6, collect a     (Method 6 or 6C
                                  volume.            million dry        minimum of 60 liters,   at 40 CFR part
                                                     volume.            for Method 6C,1 hour    60, appendix A-
                                                    Coal--650 parts     minimum sample time     4).
                                                     per million dry    per run).
                                                     volume.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec.   60.17.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.

0
25. Table 7 to Subpart CCCC of part 60 is revised to read as follows:

  Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-burning Kilns That Commenced Construction
                   After June 4, 2010, or Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using  this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter. \b\               dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  90 (long kilns)/190      3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  0.51 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                        \b\                      dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                        \b\                      dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (1 hour    Performance test
                                        dry volume. \b\          minimum sample time      (Method 321 at 40 CFR
                                                                 per run) or 30-day       part 63, appendix A)
                                                                 rolling average if HCl   or HCl CEMS if a wet
                                                                 CEMS are used.           scrubber or dry
                                                                                scrubber is not used.
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter. \b\               dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                analytical finish.

Mercury..............................  0.0037 milligrams per    30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                specification 12A or
                                                                                12B, respectively, of
                                                                                appendix B of this
                                                                                part.)
Oxides of nitrogen...................  200 parts per million    30-day rolling average.  NOx CEMS (performance
                                        dry volume.                                       specification 2 of
                                                                                appendix B and
                                                                                procedure 1 of
                                                                                appendix F of this
                                                                                part).
Particulate matter (filterable)......  2.2 milligrams per dry   30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.   60.2145(x)).
Sulfur dioxide.......................  28 parts per million     30-day rolling average.  Sulfur dioxide CEMS
                                        dry volume.                                       (performance
                                                                                specification 2 of
                                                                                appendix B and
                                                                                procedure 1 of
                                                                                appendix F of this
                                                                                part).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``b'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.

0
26. Table 8 to Subpart CCCC of part 60 is revised to read as follows:

     Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, Remote Incinerators That Commenced
     Construction After June 4, 2010, Or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using  this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.67 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  13 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4).
Dioxins/furans (total mass basis)....  1,800 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\                      dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      31 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\                      dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  200 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.0 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.0035 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \b\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \b\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum volume as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).

Oxides of nitrogen...................  170 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  270 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  1.2 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                A-4).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec.   60.17.

Subpart DDDD--[Amended]

0
27. Section 60.2505 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (c).
0
c. Revising paragraph (d).
    The revisions read as follows:

Sec.  60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a
state or United States protectorate with one or more existing CISWI
units that meet the criteria in paragraphs (b) through (d) of this
section, you must submit a state plan to U.S. Environmental Protection
Agency (EPA) that implements the emission guidelines contained in this
subpart.
* * * * *
    (c) You must submit a state plan that meets the requirements of
this subpart and contains the more stringent emission limit for the
respective pollutant in table 6 of this subpart or table 1 of subpart
CCCC of this part to EPA by February 7, 2014 for incinerators that
commenced construction after November 30, 1999, but no later than June
4, 2010, or commenced modification or reconstruction after June 1, 2001
but no later than August 7, 2013.
    (d) You must submit a state plan to EPA that meets the requirements
of this subpart and contains the emission limits in tables 7 through 9
of this subpart by February 7, 2014, for CISWI units other than
incinerator units that commenced construction on or before June 4,
2010, or commenced modification or reconstruction after June 4, 2010
but no later than August 7, 2013.

0
28. Section 60.2525 is amended by revising paragraph (b) to read as
follows:

Sec.  60.2525  What if my state plan is not approvable?

* * * * *
    (b) If you do not submit an approvable state plan (or a negative
declaration letter) to EPA that meets the requirements of this subpart
and contains the emission limits in tables 6 through 9 of this subpart
for CISWI units that commenced construction on or before June 4, 2010,
then EPA will develop a federal plan according to Sec.  60.27 to
implement the emission guidelines contained in this subpart. Owners and
operators of CISWI units not covered by an approved state plan must
comply with the federal plan. The federal plan is an interim action and
will be automatically withdrawn when your state plan is approved.
* * * * *

0
29. Section 60.2535 is amended by:
0
a. Revising paragraph (a) introductory text.
0
b. Revising paragraph (b) introductory text.
0
c. Revising paragraph (b)(1).
    The revisions read as follows:

Sec.  60.2535  What compliance schedule must I include in my state
plan?

    (a) For CISWI units in the incinerator subcategory that commenced
construction on or before November 30, 1999, your state plan must
include compliance schedules that require CISWI units to achieve final
compliance as expeditiously as practicable after approval of the state
plan but not later than the earlier of the two dates specified in
paragraphs (a)(1) and (2) of this section.
* * * * *
    (b) For CISWI units in the incinerator subcategory that commenced
construction after November 30, 1999, but on or before June 4, 2010,
and for CISWI units in the small remote incinerator, energy recovery
unit, and waste-burning kiln subcategories that commenced construction
before June 4, 2010, your state plan must include compliance schedules
that require CISWI units to achieve final compliance as expeditiously
as practicable after approval of the state plan but not later than the
earlier of the two dates specified in paragraphs (b)(1) and (2) of this
section.
    (1) February 7, 2018.
* * * * *

0
30. Section 60.2545 is amended by revising paragraph (c) to read as
follows:

Sec.  60.2545  Does this subpart directly affect CISWI unit owners and
operators in my state?

* * * * *
    (c) If you do not submit an approvable plan to implement and
enforce the guidelines contained in this subpart by February 7, 2014,
for CISWI units that commenced construction on or before June 4, 2010,
EPA will implement and enforce a federal plan, as provided in Sec.
60.2525, to ensure that each unit within your state that commenced
construction on or before June 4, 2010, reaches compliance with all the
provisions of this subpart by February 7, 2018.

0
31. Section 60.2550 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  60.2550  What CISWI units must I address in my state plan?

    (a) * * *
    (1) CISWI units in your state that commenced construction on or
before June 4, 2010, or commenced modification or reconstruction after

June 4, 2010 but no later than August 7, 2013.
* * * * *

0
32. Section 60.2555 is amended by:
0
a. Revising paragraph (c).
0
b. Revising paragraph (e)(3).
0
c. Adding paragraph (e)(4).
0
d. Revising paragraph (f)(3).
0
e. Adding paragraph (f)(4).
0
f. Revising paragraph (n).
0
g. Adding paragraph (o).
    The revisions and additions read as follows:

Sec.  60.2555  What combustion units are exempt from my state plan?

* * * * *
    (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); 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 documentation to the Administrator notifying the
Agency that the qualifying small power production facility is
combusting homogenous waste.
    (4) You maintain the records specified in Sec.  60.2740(v).
    (f) * * *
    (3) You submit documentation to the Administrator notifying the
Agency that the qualifying cogeneration facility is combusting
homogenous waste.
    (4) You maintain the records specified in Sec.  60.2740(w).
* * * * *
    (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).
    (o) Other solid waste incineration units. Incineration units that
are subject to subpart EEEE of this part (Standards of Performance for
Other Solid Waste Incineration Units) or subpart FFFF of this part
(Emission Guidelines and Compliance Times for Other Solid Waste
Incineration Units).

0
33. Section 60.2675 is amended by:
0
a. Revising paragraph (a)(2).
0
b. Revising paragraph (e).
0
c. Revising paragraph (f).
0
d. Redesignating paragraph (g) as paragraph (h).
0
e. Adding new paragraph (g).
0
f. Adding paragraph (i).
    The revisions and addition read as follows:

Sec.  60.2675  What operating limits must I meet and by when?

    (a) * * *
    (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 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.
* * * * *
    (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. For energy recovery
units, when your unit operates at lower loads, multiply your sorbent
injection rate by the load fraction, as defined in this subpart, to
determine the required injection rate (e.g., for 50 percent load,
multiply the injection rate operating limit by 0.5).
    (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
highest 1-hour average charge rate, lowest secondary chamber
temperature, and lowest reagent flow rate measured during the most
recent performance test demonstrating compliance with the nitrogen
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission
limitations, you must measure the injection rate of each sorbent during
the performance testing. The operating limit for the injection rate of
each sorbent is calculated as the lowest 1-hour average injection rate
of each sorbent measured during the most recent performance test
demonstrating compliance with the hydrogen chloride emission
limitations. For energy recovery units, when your unit operates at
lower loads, multiply your sorbent injection rate by the load fraction,
as defined in this subpart, to determine the required injection rate
(e.g., for 50 percent load, multiply the injection rate operating limit
by 0.5).
    (h) 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 ten percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (i)(1) through (5) of this section.
    (1) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
all hourly average output values (milliamps) from the PM CPMS for the
periods corresponding to the test runs (e.g., three 1-hour average PM
CPMS output values for three 1-hour test runs).
    (i) Your PM CPMS must provide a 4-20 milliamp output and the
establishment of its relationship to manual reference method
measurements must be determined in units of milliamps.
    (ii) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to at least two times
your allowable emission limit. If your PM CPMS is an auto-ranging
instrument capable of multiple scales, the primary range of the
instrument must be capable of reading PM concentration from zero to a
level equivalent to two times your allowable emission limit.
    (iii) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp output values from the PM CPMS for the periods
corresponding to the compliance test runs (e.g., average all your PM
CPMS output values for three corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below
75% of your PM emission limit, you must calculate an operating limit by
establishing a relationship of PM CPMS signal to PM concentration using
the PM CPMS instrument zero, the average PM

CPMS values corresponding to the three compliance test runs, and the
average PM concentration from the Method 5 or performance test with the
procedures in (i)(1)through (5) of this section.
    (i) Determine your instrument zero output with one of the following
procedures:
    (A) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench.
    (B) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air.
    (C) The zero point can also can be established obtained by
performing manual reference method measurements when the flue gas is
free of PM emissions or contains very low PM concentrations (e.g., when
your process is not operating, but the fans are operating or your
source is combusting only natural gas) and plotting these with the
compliance data to find the zero intercept.
    (D) If none of the steps in paragraphs (i)(2)(i) through (iv) of
this section are possible, you must use a zero output value provided by
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, and
the average of your corresponding three PM compliance test runs, using
equation 5.
[GRAPHIC] [TIFF OMITTED] TR07FE13.004

Where:

    X1 = the PM CPMS data points for the three runs
constituting the performance test,
    Y1 = the PM concentration value for the three runs
constituting the performance test, and
    n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, your three
run average PM CPMS milliamp value, and your three run average PM
concentration from your three compliance tests, determine a
relationship of lb/Mmbtu per milliamp with equation 6.