[GRAPHIC] [TIFF OMITTED] TR07FE13.005

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 6 in
equation 7, below. This sets your operating limit at the PM CPMS output
value corresponding to 75% of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR07FE13.006

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 8 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] TR07FE13.007

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
34. Section 60.2680 is amended by revising the section heading and
paragraph (a) introductory text to read as follows:

Sec.  60.2680  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?

    (a) 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 mass balances, to
comply with the emission limitations under Sec.  60.2670, 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)(1) through (5) of this
section.
* * * * *

0
35. Section 60.2685 is revised to read as follows:

Sec.  60.2685  Affirmative Defense for Violation of Emission Standards
During Malfunction.

    In response to an action to enforce the standards set forth in
paragraph Sec.  60.2670 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. Off-shift and overtime labor were used, to the extent
practicable to make these repairs; 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 CISWI unit 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
36. Section 60.2690 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. Adding paragraph (j).
    The revisions and additions read as follows:

Sec.  60.2690  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 4 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.
* * * * *
    (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
37.Section 60.2710 is revised to read as follows:
0
a. Revising paragraph (a)(6).
0
b. Revising paragraphs (b) through (d).
0
c. Revising paragraph (f).
0
d. Revising paragraphs (g) introductory text and (g)(1).
0
e. Revising paragraphs (h) and (i).
0
f. Revising paragraphs (j) introductory text, (j)(1), and (j)(3).
0
j. Revising paragraph (l) introductory text.
0
k. Revising paragraph (m)(2).
0
l. Revising paragraph (n)(4).
0
m. Revising paragraph (o).
0
n. Revising paragraph (r)(1).
0
o. Revising paragraphs (s) introductory text, (s)(1) introductory text,
and (s)(2).
0
p. Revising paragraph (t) introductory text, (t)(1) introductory text,
and (t)(2).
0
q. Revising paragraphs (u)(1) and (u)(2).
0
r. Revising paragraphs (w) introductory paragraph, (w)(1), (w)(2), and
(w)(3).
0
s. Adding paragraph (x).
    The revisions and addition read as follows:

Sec.  60.2710  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 section 112 monitoring requirements or
monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants
listed in table 2 of this subpart or tables 6 through 9 of this subpart
and opacity for each CISWI unit as required under Sec.  60.2690. The
annual performance test must be conducted using the test methods listed
in table 2 of this subpart or tables 6 through 9 of this subpart and
the procedures in Sec.  60.2690. Opacity must be measured using EPA
Reference Method 9 at 40 CFR part 60. 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.  60.2675 or established under Sec.  60.2680 and as
specified in Sec.  60.2735. Operation above the established maximum or
below the established minimum operating limits constitutes a deviation
from the established operating limits. Three-hour block average values
are used to determine compliance (except for baghouse leak detection
system alarms) unless a different averaging period is established under
Sec.  60.2680 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 the operating limits specified in paragraph (a) of
this section constitutes a deviation from your operating limits
established under this subpart, except during performance tests
conducted to determine compliance with the emission and operating
limits or to establish new operating limits. Operating limits are
confirmed or reestablished during performance tests.
    (d) You must burn only the same types of waste and fuels used to
establish subcategory applicability (for ERUs) and operating limits
during the performance test.
* * * * *
    (f) For energy recovery units, you must conduct an annual
performance test for opacity using EPA Reference Method 9 at 40 CFR
part 60 (except where particulate matter continuous monitoring system
or continuous parameter monitoring systems are used) and the pollutants
listed in table 7 of this subpart.
    (g) For facilities using a CEMS to demonstrate compliance with the
carbon monoxide emission limit, compliance with the carbon monoxide
emission limit may be demonstrated by using the 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 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.
* * * * *
    (h) Coal and liquid/gas energy recovery units with annual average
heat input rates greater than 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.
60.2730(n) instead of the continuous parameter monitoring system
specified in Sec.  60.2710(i). 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.  60.2730(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 but less than 250 MMBtu/hr you
must install, operate, certify and maintain a continuous opacity
monitoring system (COMS) according to the procedures in Sec.  60.2730.
    (j) For waste-burning kilns, you must conduct an annual performance
test for the pollutants (except mercury and particulate matter, and
hydrogen chloride if no acid gas wet scrubber is used) listed in table
8 of this subpart. If your waste-burning kiln is not equipped with a
wet scrubber or dry scrubber, you must determine compliance with the
hydrogen chloride emission limit using a CEMS as specified in Sec.
60.2730. 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 in accordance with performance specification 12A
at 40 CFR part 60, appendix B or a sorbent trap based integrated
monitor in accordance with performance specification 12B at 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.
* * * * *
    (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.
* * * * *
    (l) For each CMS required in this section, you must develop and
submit to the EPA Administrator for approval a site-specific monitoring
plan according to the requirements of this paragraph (l) that addresses
paragraphs (l)(1)(i) through (vi) of this section.
* * * * *
    (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).
* * * * *
    (o) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (l) and (o)(1)
through (4) of this section.
    (1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in
accordance with your monitoring plan at least once each process
operating day.
    (4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the pH of the operating limit) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
* * * * *
    (r) * * *
    (1) Install a bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter.
* * * * *
    (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.
60.2730 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, using Equation 19-19 in section 12.4.1 of EPA
Reference Method 19 at 40 CFR part 60, appendix A-7. 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.  60.2730 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 concentration using Equation 19-19 in section 12.4.1 of EPA
Reference Method 19 at 40 CFR part 60, appendix A-7. 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 (t)(5) of this section.
    (1) During each relative accuracy test run of the CEMS required by
performance specification 2 of appendix B of this part, collect
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or
within a 30- to 60-minute period) with both the CEMS and the test
methods specified in paragraphs (t)(1)(i) and (ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR
part 60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the CEMS must be 125 percent of the maximum
estimated hourly potential nitrogen oxide emissions of unit.
* * * * *
    (u) * * *
    (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. 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) 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 an oxygen analyzer system as
defined in Sec.  60.2875 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.
* * * * *
    (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.  60.2710(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 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.  60.2675.
    (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
38. Section 60.2720 is amended by revising paragraph (a)(3)(ii) to read
as follows:

Sec.  60.2720  May I conduct performance testing less often?

    (a) * * *
    (3) * * *
    (ii) For fugitive emissions, visible emissions (of combustion ash
from the ash conveying system) for 2 percent of the time during each of
the three 1-hour observation periods.
* * * * *
0
39. Section 60.2730 is amended by:
0
a. Revising paragraph (c).
0
b. Revising paragraph (e) introductory text.
0
c. Revising paragraphs (f) through (j).
0
d. Revising paragraph (l)(1) and (2).
0
e. Revising paragraph (m) introductory text.
0
f. Revising paragraphs (n) introductory text, (n)(6), (n)(7), (n)(9),
(n)(10), (n)(11), and paragraph (n)(12) introductory text.
0
g. Removing paragraph (n)(14).
0
h. Revising paragraphs (o)(1), (o)(2), and (o)(9).
0
i. Adding paragraphs (r) and (s).
    The revisions and additions read as follows:

Sec.  60.2730  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.  60.2670, 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.  60.2680.
* * * * *
    (e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
* * * * *
    (f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart, you must monitor the secondary power
to the electrostatic precipitator collection plates and maintain the 3-
hour block averages at or above the operating limits established during
the mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber 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.

    (h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of a particulate
matter CEMS for conducting the particulate matter annual performance
test and other CMS monitoring for 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. 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 criteria. This option to use a continuous automated
sampling system takes effect on the date a final performance
specification applicable to mercury from monitors is published in the
Federal Register. The owner or operator who elects to continuously
sample mercury emissions instead of sampling and testing using EPA
Method 29 or 30B at 40 CFR part 60, appendix A-8, 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 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 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
nitrogen oxides is completed or is required to be completed under Sec.
60.2690, 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 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 sulfur
dioxide is completed or is required to be completed under Sec.
60.2690, 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 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.  60.2670. Energy recovery units that use a particulate matter CEMS
to demonstrate initial and continuing compliance according to the
procedures in Sec.  60.2730(n) are not required to install a continuous
opacity monitoring system and must perform the annual performance tests
for opacity consistent with Sec.  60.2710(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.  60.2690. Compliance with the particulate matter emission
limit, if PM CEMS are elected for demonstrating compliance, must be
determined by using the CEMS specified in paragraph (n) of this section
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 of this part.

    (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 of the part from the 1-hour arithmetic average of
the 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 (or carbon dioxide)(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.
* * * * *
    (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.
60.2690, 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 collected during
startup or 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.  60.2875 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) of 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. 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.  60.2710(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 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.  60.2675.
    (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
40. Section 60.2740 is amended by:
0
a. Revising introductory text.
0
b. Revising paragraph (b)(5).
0
c. Revising paragraph (e).
0
d. Revising paragraphs (o)(2) through (7).
0
e. Adding paragraphs (o)(8) and (9).
0
f. Revising paragraph (u) and (v).
0
g. Adding paragraph (w).
    The revisions read as follows:

Sec.  60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (w) 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.  60.2675(d) through (g) or
Sec.  60.2680, 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 3 of this subpart or a
deviation from other operating limits established under Sec.
60.2675(d) through (g) or Sec.  60.2680 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
* * * * *
    (o) * * *
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
You must indicate which data are CEMS data during startup and shutdown.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
You must indicate which data are CEMS data during startup and shutdown.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter
emissions. You must indicate which data are CEMS data during startup
and shutdown.
    (6) All 1-hour average concentrations of mercury emissions. You
must indicate which data are CEMS data during startup and shutdown.
    (7) All 1-hour average concentrations of hydrogen chloride
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.
* * * * *
    (u) 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), 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), 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 in 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), 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).
    (v) 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.
    (w) 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
41. Section 60.2770 is amended by:
0
a. Revising paragraph (m) introductory text.
0
b. Revising paragraph (n).
0
c. Adding paragraph (p).
    The revisions and addition read as follows:

Sec.  60.2770  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.
* * * * *

    (p) For energy recovery units, include the annual heat input and
average annual heat input rate of all fuels being burned in the unit to
verify which subcategory of energy recovery unit applies.

0
42. Section 60.2795 is revised to read as follows:

Sec.  60.2795  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
43. Section 60.2875 is amended by:
0
a. Adding definitions for ``30-day rolling average,'' ``Annual heat
input,'' ``Average annual heat input rate,'' ``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 ``Calendar year,'' ``Chemical recovery
unit,'' ``Commercial and industrial solid waste incinerator (CISWI),''
``Continuous monitoring system (CMS),'' ``Cyclonic burn barrel,''
``Energy recovery unit,'' ``Energy recovery unit designed to burn
biomass (Biomass),'' ``Energy recovery unit designed to burn liquid
waste materials and gas (Liquid/gas),'' ``Incinerator,'' ``Modification
or modified CISWI unit,'' ``Process change'', ``Raw mill'', ``Small,
remote incinerator'', ``Soil treatment unit,'' ``Solid waste
incineration unit,'' ``Space heater,'' ``Waste burning kiln,'' and
``Wet scrubber.''
0
c. Removing the definitions for ``Cyclonic barrel burner'' and
``Homogeneous waste.''
    The revisions and additions read as follows:

Sec.  60.2875  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.
* * * * *
    Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
    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 operation
of a CISWI unit startup from a cold start until waste is fed into 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. A chemical recovery unit is not an
incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart. The following seven types of
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals 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.  60.2740(u), 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.
* * * * *
    Energy recovery unit designed to burn liquid waste materials and
gas (Liquid/gas) means an energy recovery unit that burns a liquid
waste with liquid or gaseous fuels not combined with any solid fuel or
waste materials.
* * * * *
    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:
    (i) 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/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 the 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.
    Wet scrubber means an add-on air pollution control device that uses
an aqueous or alkaline scrubbing liquor to collect particulate matter
(including nonvaporous metals and condensed organics) and/or to absorb
and neutralize acid gases.
* * * * *

0
44. Table 1 to subpart DDDD is amended by revising footnotes a and b to
read as follows:

Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
and Compliance Schedules

* * * * *
    \a\ Site-specific schedules can be used at the discretion of the
state.
    \b\ The date can be no later than 3 years after the effective
date of state plan approval or December 1, 2005 for CISWI units that
commenced construction on or before November 30, 1999. The date can
be no later than 3 years after the effective date of approval of a
revised state plan or February 7, 2018, for CISWI units that
commenced construction on or before June 4, 2010.

0
45. Table 2 to subpart DDDD of part 60 is amended by:
0
a. Revising the table heading.
0
b. Revising the entry for ``Hydrogen Chloride''.
0
c. Revising the entry for ``Opacity''.
0
d. Revising the entry for ``Oxides of nitrogen''.

0
e. Revising footnotes a and b.
    The revisions read as follows:

     Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators Before
                                    [Date to be specified in state plan] \b\
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant               emission         Using this averaging time    compliance  using this
                                        limitation\a\                                            method
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Hydrogen chloride.................  62 parts per million   3-run average (For Method   Performance test (Method
                                     by dry volume.         26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 120 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meter per run).

                                                  * * * * * * *
Opacity...........................  10 percent...........  Three 1-hour blocks         Performance test (Method
                                                            consisting of ten 6-        9 at 40 CFR part 60,
                                                            minute average opacity      appendix A-4).
                                                            values.
Oxides of nitrogen................  388 parts per million  3-run average (1 hour       Performance test (Methods
                                     by dry volume.         minimum sample time per     7or 7E at 40 CFR part
                                                            run).                       60, appendix A-4).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior
  to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of
  approval of a revised state plan or February 7, 2018.

* * * * *

0
46. Table 6 to subpart DDDD of part 60 is amended by:
0
a. Revising the entry for ``Carbon monoxide''.
0
b. Revising the entry for ``Lead''.
0
c. Revising the entry for ``Mercury''.
0
d. Revising the entry for ``Oxides of nitrogen''.
0
e. Revising the entry for ``Sulfur dioxide''.
0
f. Revising footnote a.
0
g. Redesignating footnote c as footnote d.
0
h. Adding footnote c.
    The revisions read as follows:

  Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators On and After
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \b\                                                 method
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Carbon monoxide...................  17 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     10 at 40 CFR part 60,
                                                            run).                       appendix A-4).

                                                  * * * * * * *
Lead..............................  0.015 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 at 40 CFR part 60,
                                     meter. \c\             standard cubic meters).     appendix A-8). Use ICPMS
                                                                                for the analytical
                                                                                finish.
Mercury...........................  0.0048 milligrams per  3-run average (For Method   Performance test (Method
                                     dry standard cubic     29 an ASTM D6784-02         29 or 30B at 40 CFR part
                                     meter.                 (Reapproved 2008) \d\,      60, appendix A-8) or
                                                            collect a minimum volume    ASTM D6784-02
                                                            of 2 dry standard cubic     (Reapproved 2008). \d\
                                                            meters per run. For
                                                            Method 30B, collect a
                                                            minimum sample as
                                                            specified in Method 30B
                                                            at 40 CFR part 60,
                                                            appendix A).
Oxides of nitrogen................  53 parts per million   3-run average (for Method   Performance test (Method
                                     dry volume.            7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\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.   60.2720 if all of the other provisions of Sec.   60.2720 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.
\d\ Incorporated by reference, see Sec.   60.17.

0
47. Table 7 to subpart DDDD of part 60 is revised to read as follows:

 Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
                                                  May 20, 2011
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \b\                       Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/Gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter. \c\    2 dry standard      appendix A-8).
                                                      Coal--0.0095         cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter..
Carbon monoxide.................  35 parts per        Biomass--260 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--95 parts per   run).               appendix A-4).
                                                       million dry
                                                       volume.
Dioxins/furans (total mass        2.9 nanograms per   Biomass--0.52       3-run average       Performance test
 basis).                           dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter. \c\          4 dry standard      appendix A-7).
                                                      Coal--5.1            cubic meter).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter. \c\.
Dioxins/furans (toxic             0.32 nanograms per  Biomass--0.12       3-run average       Performance test
 equivalency basis).               dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.              4 dry standard      appendix A-7).
                                                      Coal--0.075          cubic meters).
                                                       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 million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume.         collect a minimum   at 40 CFR part
                                                      Coal--13 parts per   of 120 liters;      60, appendix A-
                                                       million dry         for Method 26A,     8).
                                                       volume.             collect a minimum
                                                                           volume of 1 dry
                                                                           standard cubic
                                                                           meter).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter. \c\.   2 dry standard      appendix A-8).
                                                      Coal--0.14           cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter. \c\.
Mercury.........................  0.0024 milligrams   Biomass--0.0022     3-run average (For  Performance test
                                   per dry standard    milligrams per      Method 29 and       (Method 29 or 30B
                                   cubic meter.        dry standard        ASTM D6784-02       at 40 CFR part
                                                       cubic meter.        (Reapproved 2008)   60, appendix A-8)
                                                      Coal--0.016          \d\, collect a      or ASTM D6784-02
                                                       milligrams per      minimum volume of   (Reapproved 2008)
                                                       dry standard        2 dry standard      \d\.
                                                       cubic meter.        cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume.             minimum sample      at 40 CFR part
                                                      Coal--340 parts      time per run).      60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Particulate matter filterable...  110 milligrams per  Biomass--11         3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter.        1 dry standard      60, appendix A-3
                                                      Coal--160            cubic meter).       or appendix A-8)
                                                       milligrams per                          if the unit has
                                                       dry standard                            an annual average
                                                       cubic meter.                            heat input rate
                                                                                less than or
                                                                                equal to 250
                                                                                MMBtu/hr; or PM
                                                                                CPMS (as
                                                                                specified in Sec.
                                                                                60.2710(x)) if
                                                                                the unit has an
                                                                                annual average
                                                                                heat input rate
                                                                                greater than 250
                                                                                MMBtu/hr.
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--650 parts      run).               60, appendix A-
                                                       per million dry                         4).
                                                       volume.

Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations (except for opacity) 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.
\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.   60.2720 if all of the other provisions of Sec.   60.2720 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, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\d\ Incorporated by reference, see Sec.   60.17.

0
48. Table 8 to subpart DDDD of part 60 is revised to read as follows:

  Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After
                                    [Date to be specified in state plan.] \a\
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \b\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter. \c\.              dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Carbon monoxide......................  110 (long kilns)/790     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)....  1.3 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                        \c\.                     dry standard cubic       part 60, appendix A-
                                                                 meters).                 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
                                        \c\.                     dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (collect   Performance test
                                        dry volume. \c\.         a minimum volume of 1    (Method 321 at 40 CFR
                                                                 dry standard cubic       part 63, appendix A of
                                                                 meter) or 30-day         this part) or HCl CEMS
                                                                 rolling average if HCl   if a wet scrubber is
                                                                 CEMS is being used.      not used.
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter. \c\.              dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.011 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...................  630 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........  4.6 milligrams per dry   30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.   60.2710(x))
Sulfur dioxide.......................  600 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters;    CFR part 60, appendix
                                                                 for Method 6C, 1 hour    A-4).
                                                                 minimum sample time
                                                                 per run).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ 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.
\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.   60.2720 if all of the other provisions of Sec.   60.2720 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, with the exception of annual performance tests to certify a CEMS or PM CPMS.

0
49. Table 9 to subpart DDDD of part 60 is revised to read as follows:

  Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                                                      After
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission limitation\b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.95 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......................  64 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)....  4,400 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      180 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....................  300 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    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.................................  2.1 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..............................  0.0053 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),\c\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \c\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  190 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...................  270 milligrams per dry   3-run average (collect   Performance test
(filterable).........................   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.......................  150 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters     CFR part 60, appendix
                                                                 per run; for Method      A-4).
                                                                 6C, 1 hour minimum
                                                                 sample time per run).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations (except for opacity) 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.
\c\ Incorporated by reference, see Sec.   60.17.

PART 241--SOLID WASTES USED AS FUELS OR INGREDIENTS IN COMBUSTION
UNITS

0
50. The authority citation for part 241 continues to read as follows:

    Authority:  42 U.S.C. 6903, 6912, 7429.

Subpart A--General

0
51. Section 241.2 is amended by:
0
a. Revising the definition of ``Clean cellulosic biomass'';
0
b. Revising the definition of ``Contaminants'';
0
c. Revising the definition of ``Established tire collection programs'';
and
0
d. Revising the definition of ``Resinated wood''.
    The revisions read as follows:

Sec.  241.2  Definitions.

* * * * *
    Clean cellulosic biomass means those residuals that are akin to
traditional cellulosic biomass, including, but not limited to:
Agricultural and forest-derived biomass (e.g., green wood, forest
thinnings, clean and unadulterated bark, sawdust, trim, tree harvesting
residuals from logging and sawmill materials, hogged fuel, wood
pellets, untreated wood pallets); urban wood (e.g., tree trimmings,
stumps, and related forest-derived biomass from urban settings); corn
stover and other biomass crops used specifically for the production of
cellulosic biofuels (e.g., energy cane, other fast growing grasses,
byproducts of ethanol natural fermentation processes); bagasse and
other crop residues (e.g., peanut shells, vines, orchard trees, hulls,
seeds, spent grains, cotton byproducts, corn and peanut production
residues, rice milling and grain elevator operation residues); wood
collected from forest fire clearance activities, trees and clean wood
found in disaster debris, clean biomass from land clearing operations,
and clean construction and demolition wood. These fuels are not
secondary materials or solid wastes unless discarded. Clean biomass is
biomass that does not contain contaminants at concentrations not

normally associated with virgin biomass materials.
* * * * *
    Contaminants means all pollutants listed in Clean Air Act sections
112(b) or 129(a)(4), with the following three modifications:
    (1) The definition includes the elements chlorine, fluorine,
nitrogen, and sulfur in cases where non-hazardous secondary materials
are burned as a fuel and combustion will result in the formation of
hydrogen chloride (HCl), hydrogen fluoride (HF), nitrogen oxides
(NOX), or sulfur dioxide (SO2). Chlorine,
fluorine, nitrogen, and sulfur are not included in the definition in
cases where non-hazardous secondary materials are used as an ingredient
and not as a fuel.
    (2) The definition does not include the following pollutants that
are either unlikely to be found in non-hazardous secondary materials
and products made from such materials or are adequately measured by
other parts of this definition: hydrogen chloride (HCl), chlorine gas
(Cl2), hydrogen fluoride (HF), nitrogen oxides
(NOX), sulfur dioxide (SO2), fine mineral fibers,
particulate matter, coke oven emissions, opacity, diazomethane, white
phosphorus, and titanium tetrachloride.
    (3) The definition does not include m-cresol, o-cresol, p-cresol,
m-xylene, o-xylene, and p-xylene as individual contaminants distinct
from the grouped pollutants total cresols and total xylenes.
* * * * *
    Established tire collection program means a comprehensive
collection system or contractual arrangement that ensures scrap tires
are not discarded and are handled as valuable commodities through
arrival at the combustion facility. This can include tires that were
not abandoned and were received from the general public at collection
program events.
* * * * *
    Resinated wood means wood products (containing binders and
adhesives) produced by primary and secondary wood products
manufacturing. Resinated wood includes residues from the manufacture
and use of resinated wood, including materials such as board trim,
sander dust, panel trim, and off-specification resinated wood products
that do not meet a manufacturing quality or standard.
* * * * *

Subpart B--Identification of Non-Hazardous Secondary Materials That
Are Solid Wastes When Used as Fuels or Ingredients in Combustion
Units

0
52. Amend 241.3 as follows:
0
a. Revise paragraph (a) and (b).
0
b. Revise paragraph (c) introductory text, and paragraphs (c)(1)
introductory text, (c)(2) introductory text, and (c)(2)(ii), (iii), and
(iv).
0
c. Revise paragraph (d)(1)(iii).
    The revisions read as follows:

Sec.  241.3  Standards and procedures for identification of non-
hazardous secondary materials that are solid wastes when used as fuels
or ingredients in combustion units.

    (a) Except as provided in paragraph (b) of this section or in Sec.
241.4(a) of this subpart, non-hazardous secondary materials that are
combusted are solid wastes, unless a petition is submitted to, and a
determination granted by, the EPA pursuant to paragraph (c) of this
section. The criteria to be addressed in the petition, as well as the
process for making the non-waste determination, are specified in
paragraph (c) of this section.
    (b) The following non-hazardous secondary materials are not solid
wastes when combusted:
    (1) Non-hazardous secondary materials used as a fuel in a
combustion unit that remain within the control of the generator and
that meet the legitimacy criteria specified in paragraph (d)(1) of this
section.
    (2) The following non-hazardous secondary materials that have not
been discarded and meet the legitimacy criteria specified in paragraph
(d)(1) of this section when used in a combustion unit (by the generator
or outside the control of the generator):
    (i) [Reserved]
    (ii) [Reserved]
    (3) Non-hazardous secondary materials used as an ingredient in a
combustion unit that meet the legitimacy criteria specified in
paragraph (d)(2) of this section.
    (4) Fuel or ingredient products that are used in a combustion unit,
and are produced from the processing of discarded non-hazardous
secondary materials and that meet the legitimacy criteria specified in
paragraph (d)(1) of this section, with respect to fuels, and paragraph
(d)(2) of this section, with respect to ingredients. The legitimacy
criteria apply after the non-hazardous secondary material is processed
to produce a fuel or ingredient product. Until the discarded non-
hazardous secondary material is processed to produce a non-waste fuel
or ingredient, the discarded non-hazardous secondary material is
considered a solid waste and would be subject to all appropriate
federal, state, and local requirements.
    (c) The Regional Administrator may grant a non-waste determination
that a non-hazardous secondary material that is used as a fuel, which
is not managed within the control of the generator, is not discarded
and is not a solid waste when combusted. This responsibility may be
retained by the Assistant Administrator for the Office of Solid Waste
and Emergency Response if combustors are located in multiple EPA
Regions and the petitioner requests that the Assistant Administrator
process the non-waste determination petition. If multiple combustion
units are located in one EPA Region, the application must be submitted
to the Regional Administrator for that Region. The criteria and process
for making such non-waste determinations includes the following:
    (1) Submittal of an application to the Regional Administrator for
the EPA Region where the facility or facilities are located or the
Assistant Administrator for the Office of Solid Waste and Emergency
Response for a determination that the non-hazardous secondary material,
even though it has been transferred to a third party, has not been
discarded and is indistinguishable in all relevant aspects from a fuel
product. The determination will be based on whether the non-hazardous
secondary material that has been discarded is a legitimate fuel as
specified in paragraph (d)(1) of this section and on the following
criteria:
* * * * *
    (2) The Regional Administrator or Assistant Administrator for the
Office of Solid Waste and Emergency Response will evaluate the
application pursuant to the following procedures:
* * * * *
    (ii) The Regional Administrator or Assistant Administrator for the
Office of Solid Waste and Emergency Response will evaluate the
application and issue a draft notice tentatively granting or denying
the application. Notification of this tentative decision will be
published in a newspaper advertisement or radio broadcast in the
locality where the facility combusting the non-hazardous secondary
material is located, and be made available on the EPA's Web site.
    (iii) The Regional Administrator or the Assistant Administrator for
the Office of Solid Waste and Emergency Response will accept public
comments on the tentative decision for 30 days, and may also hold a
public hearing upon request or at his discretion. The Regional
Administrator or the Assistant

Administrator for the Office of Solid Waste and Emergency Response will
issue a final decision after receipt of comments and after a hearing
(if any). If a determination is made that the non-hazardous secondary
material is a non-waste fuel, it will be retroactive and apply on the
date the petition was submitted.
    (iv) If a change occurs that affects how a non-hazardous secondary
material meets the relevant criteria contained in this paragraph after
a formal non-waste determination has been granted, the applicant must
re-apply to the Regional Administrator or the Assistant Administrator
for the Office of Solid Waste and Emergency Response for a formal
determination that the non-hazardous secondary material continues to
meet the relevant criteria and, thus, is not a solid waste.
    (d) * * *
    (1) * * *
    (iii) The non-hazardous secondary material must contain
contaminants or groups of contaminants at levels comparable in
concentration to or lower than those in traditional fuel(s) which the
combustion unit is designed to burn. In determining which traditional
fuel(s) a unit is designed to burn, persons may choose a traditional
fuel that can be or is burned in the particular type of boiler, whether
or not the combustion unit is permitted to burn that traditional fuel.
In comparing contaminants between traditional fuel(s) and a non-
hazardous secondary material, persons can use data for traditional fuel
contaminant levels compiled from national surveys, as well as
contaminant level data from the specific traditional fuel being
replaced. To account for natural variability in contaminant levels,
persons can use the full range of traditional fuel contaminant levels,
provided such comparisons also consider variability in non-hazardous
secondary material contaminant levels. Such comparisons are to be based
on a direct comparison of the contaminant levels in both the non-
hazardous secondary material and traditional fuel(s) prior to
combustion.
* * * * *

0
55. Add Sec.  241.4 to read as follows:

Sec.  241.4  Non-Waste Determinations for Specific Non-Hazardous
Secondary Materials When Used as a Fuel.

    (a) The following non-hazardous secondary materials are not solid
wastes when used as a fuel in a combustion unit:
    (1) Scrap tires that are not discarded and are managed under the
oversight of established tire collection programs, including tires
removed from vehicles and off-specification tires.
    (2) Resinated wood.
    (3) Coal refuse that has been recovered from legacy piles and
processed in the same manner as currently-generated coal refuse.
    (4) Dewatered pulp and paper sludges that are not discarded and are
generated and burned on-site by pulp and paper mills that burn a
significant portion of such materials where such dewatered residuals
are managed in a manner that preserves the meaningful heating value of
the materials.
    (b) Any person may submit a rulemaking petition to the
Administrator to identify additional non-hazardous secondary materials
to be listed in paragraph (a) of this section. Contents and procedures
for the submittal of the petitions include the following:
    (1) Each petition must be submitted to the Administrator by
certified mail and must include:
    (i) The petitioner's name and address;
    (ii) A statement of the petitioner's interest in the proposed
action;
    (iii) A description of the proposed action, including (where
appropriate) suggested regulatory language; and
    (iv) A statement of the need and justification for the proposed
action, including any supporting tests, studies, or other information.
Where the non-hazardous secondary material does not meet the legitimacy
criteria, the applicant must explain why such non-hazardous secondary
material should be considered a non-waste fuel, balancing the
legitimacy criteria with other relevant factors.
    (2) The Administrator will make a tentative decision to grant or
deny a petition and will publish notice of such tentative decision,
either in the form of an advanced notice of proposed rulemaking, a
proposed rule, or a tentative determination to deny the petition, in
the Federal Register for written public comment.
    (3) Upon the written request of any interested person, the
Administrator may, at its discretion, hold an informal public hearing
to consider oral comments on the tentative decision. A person
requesting a hearing must state the issues to be raised and explain why
written comments would not suffice to communicate the person's views.
The Administrator may in any case decide on its own motion to hold an
informal public hearing.
    (4) After evaluating all public comments the Administrator will
make a final decision by publishing in the Federal Register a
regulatory amendment or a denial of the petition.
    (5) The Administrator will grant or deny a petition based on the
weight of evidence showing the following:
    (i) The non-hazardous secondary material has not been discarded in
the first instance and is legitimately used as a fuel in a combustion
unit, or if discarded, has been sufficiently processed into a material
that is legitimately used as a fuel.
    (ii) Where any one of the legitimacy criteria in Sec.  241.3(d)(1)
is not met, that the use of the non-hazardous secondary material is
integrally tied to the industrial production process, that the non-
hazardous secondary material is functionally the same as the comparable
traditional fuel, or other relevant factors as appropriate.

[FR Doc. 2012-31632 Filed 2-6-13; 8:45 am]
BILLING CODE 6560-50-P