subpart.
    (b) Demonstrate initial compliance using a continuous emissions
monitoring system or continuous automated sampling system. The option
to use a continuous emissions monitoring system for hydrogen chloride,
dioxins/furans, cadmium, or lead takes effect on the date a final
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The
option to use a continuous automated sampling system for dioxins/furans
takes effect on the date a final performance specification for such a
continuous automated sampling system is published in the Federal
Register. Collect data as specified in Sec.  62.16015(b)(6) and use the
following procedures:
    (1) To demonstrate initial compliance with the emission limits
specified in Table 2 or 3 to this subpart for particulate matter,
hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or
toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide,
cadmium and lead, you may substitute the use of a continuous monitoring
system in lieu of conducting the initial performance test required in
paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
in lieu of conducting the initial performance test for that pollutant
in paragraph (a) of this section. For determining compliance with the
carbon monoxide concentration limit using carbon monoxide CEMS, the
correction to 7 percent oxygen does not apply during periods of startup
or shutdown. Use the measured carbon monoxide concentration without
correcting for oxygen concentration in averaging with other carbon
monoxide concentrations (corrected to 7 percent oxygen) to determine
the 24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
    (2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in Table 2 or
3 to this subpart, as described in paragraph (b)(1) of this section,
you must use the continuous emissions monitoring system and follow the
requirements specified in Sec.  62.16015(b). You must measure emissions
according to Sec.  60.13 to calculate 1-hour arithmetic averages,
corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate
initial compliance using a 24-hour block average of these 1-hour
arithmetic average emission concentrations, calculated using Equation
19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in Table 2 or
3 to this subpart, as described in paragraph (b)(1) of this section,
you must:
    (i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate
24-hour block averages to determine compliance with the mercury
emission limit in Table 2 or 3 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week block averages to determine compliance with the dioxin/furan
(total mass basis or toxic equivalency basis) emission limit in Table 2
or 3 to this subpart.
    (ii) Comply with the provisions in Sec.  60.58b(q) to develop a
monitoring plan. For mercury continuous automated sampling systems, you
must use Performance Specification 12B of appendix B of part 75 and
Procedure 5 of appendix F of part 60.
    (4) Except as provided in paragraph (e) of this section, you must
complete your initial performance evaluations required under your
monitoring plan for any continuous emissions monitoring systems and
continuous automated sampling systems by the final compliance date (see
Table 1 to this subpart). Your performance evaluation must be conducted
using the procedures and acceptance criteria specified in Sec.
62.15995(a)(3).
    (c) To demonstrate initial compliance with the dioxins/furans toxic
equivalency emission limit in Table 2 or 3 to this subpart, determine
dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through
octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7.

    (2) Multiply the concentration of each dioxin/furan (tetra- through
octa-chlorinated) isomer by its corresponding toxic equivalency factor
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (d) Submit an initial compliance report, as specified in Sec.
62.16030(b).
    (e) If you demonstrate initial compliance using the performance
test specified in paragraph (a) of this section, then the provisions of
this paragraph (e) apply. If a force majeure is about to occur, occurs
or has occurred for which you intend to assert a claim of force
majeure, you must notify the Administrator in writing as specified in
Sec.  62.16030(f). You must conduct the initial performance test as
soon as practicable after the force majeure occurs. The Administrator
will determine whether or not to grant the extension to the initial
performance test deadline and will notify you in writing of approval or
disapproval of the request for an extension as soon as practicable.
Until an extension of the performance test deadline has been approved
by the Administrator, you remain strictly subject to the requirements
of this subpart.

Sec.  62.15985  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified
in paragraphs (b) through (h) of this section or established in Sec.
62.15965, as applicable, during your initial performance tests required
in Sec.  62.15980. You must meet the requirements in Sec.  62.16005(d)
to confirm these operating limits or re-establish new operating limits
using operating data recorded during any performance tests or
performance evaluations required in Sec.  62.16000. You must follow the
data measurement and recording frequencies and data averaging times
specified in Table 4 to this subpart or as established in Sec.
62.15965, and you must follow the testing, monitoring and calibration
requirements specified in Sec. Sec.  62.16015 and 62.16020 or
established in Sec.  62.15965. You are not required to establish
operating limits for the operating parameters listed in Table 4 to this
subpart for a control device if you use a continuous monitoring system
to demonstrate compliance with the emission limits in Table 2 or 3 to
this subpart for the applicable pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen
chloride or sulfur dioxide, you are not required to establish an
operating limit and monitor scrubber liquid flow rate or scrubber
liquid pH if you use the continuous monitoring system specified in
Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate compliance with the
emission limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate
matter, cadmium and lead, you are not required to establish an
operating limit and monitor pressure drop across the scrubber or
scrubber liquid flow rate if you use the continuous monitoring system
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for particulate matter, cadmium and
lead.
    (3) For an electrostatic precipitator designed to control emissions
of particulate matter, cadmium and lead, you are not required to
establish an operating limit and monitor secondary voltage of the
collection plates, secondary amperage of the collection plates or
effluent water flow rate at the outlet of the electrostatic
precipitator if you use the continuous monitoring system specified in
Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate compliance with the
emission limit for particulate matter, lead and cadmium.
    (4) For an activated carbon injection system designed to control
emissions of mercury, you are not required to establish an operating
limit and monitor sorbent injection rate and carrier gas flow rate (or
carrier gas pressure drop) if you use the continuous monitoring system
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for mercury.
    (5) For an activated carbon injection system designed to control
emissions of dioxins/furans, you are not required to establish an
operating limit and monitor sorbent injection rate and carrier gas flow
rate (or carrier gas pressure drop) if you use the continuous
monitoring system specified in Sec. Sec.  60.4865(b) and 60.4885(b) to
demonstrate compliance with the emission limit for dioxins/furans
(total mass basis or toxic equivalency basis).
    (b) Minimum pressure drop across each wet scrubber used to meet the
particulate matter, lead and cadmium emission limits in Table 2 or 3 to
this subpart, equal to the lowest 4-hour average pressure drop across
each such wet scrubber measured during the most recent performance test
demonstrating compliance with the particulate matter, lead and cadmium
emission limits.
    (c) Minimum scrubber liquid flow rate (measured at the inlet to
each wet scrubber), equal to the lowest 4-hour average liquid flow rate
measured during the most recent performance test demonstrating
compliance with all applicable emission limits.
    (d) Minimum scrubber liquid pH for each wet scrubber used to meet
the sulfur dioxide or hydrogen chloride emission limits in Table 2 or 3
to this subpart, equal to the lowest 1-hour average scrubber liquid pH
measured during the most recent performance test demonstrating
compliance with the sulfur dioxide and hydrogen chloride emission
limits.
    (e) Minimum combustion chamber operating temperature (or minimum
afterburner temperature), equal to the lowest 4-hour average combustion
chamber operating temperature (or afterburner temperature) measured
during the most recent performance test demonstrating compliance with
all applicable emission limits.
    (f) Minimum power input to the electrostatic precipitator
collection plates, equal to the lowest 4-hour average secondary
electric power measured during the most recent performance test
demonstrating compliance with the particulate matter, lead and cadmium
emission limits. Power input must be calculated as the product of the
secondary voltage and secondary amperage to the electrostatic
precipitator collection plates. Both the secondary voltage and
secondary amperage must be recorded during the performance test.
    (g) Minimum effluent water flow rate at the outlet of the
electrostatic precipitator, equal to the lowest 4-hour average effluent
water flow rate at the outlet of the electrostatic precipitator
measured during the most recent performance test demonstrating
compliance with the particulate matter, lead and cadmium emission
limits.
    (h) For activated carbon injection, establish the site-specific
operating limits specified in paragraphs (h)(1) through (3) of this
section.
    (1) Minimum mercury sorbent injection rate, equal to the lowest 4-
hour average mercury sorbent injection rate measured during the most
recent performance test demonstrating compliance with the mercury
emission limit.
    (2) Minimum dioxin/furan sorbent injection rate, equal to the
lowest 4-hour average dioxin/furan sorbent injection rate measured
during the most recent performance test demonstrating compliance with
the dioxin/furan (total mass basis or toxic equivalency basis) emission
limit.

    (3) Minimum carrier gas flow rate or minimum carrier gas pressure
drop, as follows:
    (i) Minimum carrier gas flow rate, equal to the lowest 4-hour
average carrier gas flow rate measured during the most recent
performance test demonstrating compliance with the applicable emission
limit.
    (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour
average carrier gas flow rate measured during the most recent
performance test demonstrating compliance with the applicable emission
limit.

Sec.  62.15990  By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?

    (a) You must conduct an air pollution control device inspection
according to Sec.  62.16015(c) by the final compliance date as
specified in Sec.  62.15880. For air pollution control devices
installed after the final compliance date, you must conduct the air
pollution control device inspection within 60 days after installation
of the control device.
    (b) Within 10 operating days following the air pollution control
device inspection under paragraph (a) of this section, all necessary
repairs must be completed unless you obtain written approval from the
Administrator establishing a date whereby all necessary repairs of the
SSI unit must be completed.

Sec.  62.15995  How do I develop a site-specific monitoring plan for my
continuous monitoring, bag leak detection, and ash handling systems,
and by what date must I conduct an initial performance evaluation?

    You must develop and submit to the Administrator for approval a
site-specific monitoring plan for each continuous monitoring system
required under this subpart, according to the requirements in
paragraphs (a) through (c) of this section. This requirement also
applies to you if you petition the Administrator for alternative
monitoring parameters under Sec.  60.13(i) and paragraph (e) of this
section. If you use a continuous automated sampling system to comply
with the mercury or dioxin/furan (total mass basis or toxic equivalency
basis) emission limits, you must develop your monitoring plan as
specified in Sec.  60.58b(q), and you are not required to meet the
requirements in paragraphs (a) and (b) of this section. You must also
submit a site-specific monitoring plan for your ash handling system, as
specified in paragraph (d) of this section. You must submit and update
your monitoring plans as specified in paragraphs (f) through (h) of
this section.
    (a) For each continuous monitoring system, your monitoring plan
must address the elements and requirements specified in paragraphs
(a)(1) through (8) of this section. You must operate and maintain the
continuous monitoring system in continuous operation according to the
site-specific monitoring plan.
    (1) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
    (2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
    (i) For continuous emissions monitoring systems, your performance
evaluation and acceptance criteria must include, but is not limited to,
the following:
    (A) The applicable requirements for continuous emissions monitoring
systems specified in Sec.  60.13.
    (B) The applicable performance specifications (e.g., relative
accuracy tests) in appendix B of part 60.
    (C) The applicable procedures (e.g., quarterly accuracy
determinations and daily calibration drift tests) in appendix F of part
60.
    (D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in paragraph (a)(7)(i) of this section.
    (ii) For continuous parameter monitoring systems, your performance
evaluation and acceptance criteria must include, but is not limited to,
the following:
    (A) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs
(a)(3)(ii)(A)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
    (B) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (a)(3)(ii)(B)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., particulate matter
scrubber pressure drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
    (C) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(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 operating limit pH level) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a
temperature measurement device, you must meet the

requirements in paragraphs (a)(3)(ii)(D)(1) through (4) of this
section.
    (1) Install the temperature sensor and other necessary equipment in
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8
degrees Celsius (5 degrees Fahrenheit), or 1.0 percent of the
temperature value, whichever is larger, for a noncryogenic temperature
range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8
degrees Celsius (5 degrees Fahrenheit), or 2.5 percent of the
temperature value, whichever is larger, for a cryogenic temperature
range.
    (4) Conduct a temperature measurement device performance evaluation
at the time of each performance test but no less frequently than
annually.
    (E) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of
this section.
    (1) Install sensors to measure (secondary) voltage and current to
the electrostatic precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (F) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper or hopper flow measurement device), you must meet the
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (4) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.  60.11(d).
    (5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13.
    (6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4),
(d), (e), (f) and (g).
    (7) Provisions for periods when the continuous monitoring system is
out of control, as follows:
    (i) A continuous monitoring system is out of control if the
conditions of paragraph (a)(7)(i)(A) or (i)(B) of this section are met.
    (A) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
    (B) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit or linearity test audit.
    (ii) When the continuous monitoring system is out of control as
specified in paragraph (a)(7)(i) of this section, you must take the
necessary corrective action and must repeat all necessary tests that
indicate that the system is out of control. You must take corrective
action and conduct retesting until the performance requirements are
below the applicable limits. The beginning of the out-of-control period
is the hour you conduct a performance check (e.g., calibration drift)
that indicates an exceedance of the performance requirements
established under this part. The end of the out-of-control period is
the hour following the completion of corrective action and successful
demonstration that the system is within the allowable limits.
    (8) Schedule for conducting initial and periodic performance
evaluations of your continuous monitoring systems.
    (b) If a bag leak detection system is used, your monitoring plan
must include a description of the following items:
    (1) Installation of the bag leak detection system in accordance
with paragraphs (b)(1)(i) and (ii) of this section.
    (i) Install the 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.
    (ii) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
    (2) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established. Use a
bag leak detection system equipped with a system that will sound an
alarm when the system detects an increase in relative particulate
matter emissions over a preset level. The alarm must be located where
it is observed readily and any alert is detected and recognized easily
by plant operating personnel.
    (3) Evaluations of the performance of the bag leak detection
system, performed in accordance with your monitoring plan and
consistent with the guidance provided in Fabric Filter Bag Leak
Detection Guidance, EPA-454/R-98-015, September 1997 (incorporated by
reference, see Sec.  60.17).
    (4) Operation of the bag leak detection system, including quality
assurance procedures.
    (5) Maintenance of the bag leak detection system, including a
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak
detection system data. Use a bag leak detection system equipped with a
device to continuously record the output signal from the sensor.
    (c) You must conduct an initial performance evaluation of each
continuous monitoring system and bag leak detection system, as
applicable, in accordance with your monitoring plan and to Sec.
60.13(c). For the purpose of this subpart, the provisions of Sec.
60.13(c) also apply to the bag leak detection system. You must conduct
the initial performance evaluation of each continuous monitoring system
within 60 days of installation of the monitoring system.
    (d) You must submit a monitoring plan specifying the ash handling
system operating procedures that you will follow to ensure that you
meet the fugitive emissions limit specified in Table 2 or 3 to this
subpart.
    (e) You may submit an application to the Administrator for approval
of alternate monitoring requirements to demonstrate compliance with the
standards of this subpart, subject to the provisions of paragraphs
(e)(1) through (6) of this section.
    (1) The Administrator will not approve averaging periods other than
those specified in this section, unless you document, using data or
information, that the longer averaging period will ensure that
emissions do not exceed levels achieved over the duration of three
performance test runs.
    (2) If the application to use an alternate monitoring requirement
is approved, you must continue to use the original monitoring
requirement until approval is received to use another monitoring
requirement.
    (3) You must submit the application for approval of alternate
monitoring requirements no later than the

notification of performance test. The application must contain the
information specified in paragraphs (e)(3)(i) through (iii) of this
section:
    (i) Data or information justifying the request, such as the
technical or economic infeasibility, or the impracticality of using the
required approach.
    (ii) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach and technique, the averaging period for the limit,
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative
monitoring requirement would provide equivalent or better assurance of
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of
the application within 90 calendar days after receipt of the original
request, or within 60 calendar days of the receipt of any supplementary
information, whichever is later. The Administrator will not approve an
alternate monitoring application unless it would provide equivalent or
better assurance of compliance with the relevant emission standard.
Before disapproving any alternate monitoring application, the
Administrator will provide the following:
    (i) Notice of the information and findings upon which the intended
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting
information before final action is taken on the application. This
notice will specify how much additional time is allowed for you to
provide additional supporting information.
    (5) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart.
    (6) The Administrator may decide at any time, on a case-by-case
basis, that additional or alternative operating limits, or alternative
approaches to establishing operating limits, are necessary to
demonstrate compliance with the emission standards of this subpart.
    (f) You must submit your monitoring plans required in paragraphs
(a) and (b) of this section at least 60 days before your initial
performance evaluation of your continuous monitoring system(s).
    (g) You must submit your monitoring plan for your ash handling
system, as required in paragraph (d) of this section, at least 60 days
before your initial compliance test date.
    (h) You must update and resubmit your monitoring plan if there are
any changes or potential changes in your monitoring procedures or if
there is a process change, as defined in Sec.  62.16045.

Continuous Compliance Requirements

Sec.  62.16000  How and when do I demonstrate continuous compliance
with the emission limits and standards?

    To demonstrate continuous compliance with the emission limits and
standards specified in Table 2 or 3 to this subpart, use the procedures
specified in paragraph (a) of this section. In lieu of using the
procedures specified in paragraph (a) of this section, you have the
option to demonstrate initial compliance using the procedures specified
in paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead and fugitive emissions from ash handling. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
62.16015(a) and (b). You may also petition the Administrator for
alternative monitoring parameters as specified in paragraph (f) of this
section.
    (a) Demonstrate continuous compliance using a performance test.
Except as provided in paragraphs (a)(3) and (e) of this section,
following the date that the initial performance test for each pollutant
in Table 2 or 3 to this subpart is completed, you must conduct a
performance test for each such pollutant on an annual basis (between 11
and 13 calendar months following the previous performance test). The
performance test must be conducted using the test methods, averaging
methods, and minimum sampling volumes or durations specified in Table 2
or 3 to this subpart and according to the testing, monitoring and
calibration requirements specified in Sec.  62.16015(a).
    (1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward. The Administrator may request a repeat performance test at any
time.
    (2) You must repeat the performance test within 60 days of a
process change, as defined in Sec.  62.16045.
    (3) Except as specified in paragraphs (a)(1) and (2) of this
section, you can conduct performance tests less often for a given
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this
section.
    (i) You can conduct performance tests less often if your
performance tests for the pollutant for at least 2 consecutive years
show that your emissions are at or below 75 percent of the emission
limit specified in Table 2 or 3 to this subpart, and there are no
changes in the operation of the affected source or air pollution
control equipment that could increase emissions. In this case, you do
not have to conduct a performance test for that pollutant for the next
2 years. You must conduct a performance test during the third year and
no more than 37 months after the previous performance test.
    (ii) If your SSI unit continues to meet the emission limit for the
pollutant, you may choose to conduct performance tests for the
pollutant every third year if your emissions are at or below 75 percent
of the emission limit, and if there are no changes in the operation of
the affected source or air pollution control equipment that could
increase emissions, but each such performance test must be conducted no
more than 37 months after the previous performance test.
    (iii) If a performance test shows emissions exceeded 75 percent of
the emission limit for a pollutant, you must conduct annual performance
tests for that pollutant until all performance tests over 2 consecutive
years show compliance.
    (b) Demonstrate continuous compliance using a continuous emissions
monitoring system or continuous automated sampling system. The option
to use a continuous emissions monitoring system for hydrogen chloride,
dioxins/furans, cadmium or lead takes effect on the date a final
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The
option to use a continuous automated sampling system for dioxins/furans
takes effect on the date a final performance specification for such a
continuous automated sampling system is published in the Federal
Register. Collect data as specified in Sec.  62.16015(b)(6) and use the
following procedures:
    (1) To demonstrate continuous compliance with the emission limits
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans (total mass basis or toxic equivalency basis), mercury, nitrogen
oxides, sulfur

dioxide, cadmium and lead, you may substitute the use of a continuous
monitoring system in lieu of conducting the annual performance test
required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
in lieu of conducting the annual performance test for that pollutant in
paragraph (a) of this section. For determining compliance with the
carbon monoxide concentration limit using carbon monoxide CEMS, the
correction to 7 percent oxygen does not apply during periods of startup
or shutdown. Use the measured carbon monoxide concentration without
correcting for oxygen concentration in averaging with other carbon
monoxide concentrations (corrected to 7 percent oxygen) to determine
the 24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
    (2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must use the continuous emissions
monitoring system and follow the requirements specified in Sec.
62.16015(b). You must measure emissions according to Sec.  60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or
carbon dioxide). You must demonstrate initial compliance using a 24-
hour block average of these 1-hour arithmetic average emission
concentrations, calculated using Equation 19-19 in section 12.4.1 of
Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate
24-hour averages to determine compliance with the mercury emission
limit in Table 2 or 3 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan (total mass
basis or toxic equivalency basis) emission limits in Table 2 or 3 to
this subpart.
    (ii) Update your monitoring plan as specified in Sec.  60.4880(e).
For mercury continuous automated sampling systems, you must use
Performance Specification 12B of appendix B of part 75 and Procedure 5
of appendix F of part 60.
    (4) Except as provided in paragraph (e) of this section, you must
complete your periodic performance evaluations required in your
monitoring plan for any continuous emissions monitoring systems and
continuous automated sampling systems, according to the schedule
specified in your monitoring plan. If you were previously determining
compliance by conducting an annual performance test (or according to
the less frequent testing for a pollutant as provided in paragraph
(a)(3) of this section), you must complete the initial performance
evaluation required under your monitoring plan in Sec.  62.15995 for
the continuous monitoring system prior to using the continuous
emissions monitoring system to demonstrate compliance or continuous
automated sampling system. Your performance evaluation must be
conducted using the procedures and acceptance criteria specified in
Sec.  62.15995(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic
equivalency emission limit in paragraph (a) or (b) of this section, you
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60,
appendix A-7.
    (2) For each dioxin/furan (tetra- through octachlorinated) isomer
measured in accordance with paragraph (c)(1) of this section, multiply
the isomer concentration by its corresponding toxic equivalency factor
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (d) You must submit an annual compliance report as specified in
Sec.  62.16030(c). You must submit a deviation report as specified in
Sec.  62.16030(d) for each instance that you did not meet each emission
limit in Tables 2 and 3 to this subpart.
    (e) If you demonstrate continuous compliance using a performance
test, as specified in paragraph (a) of this section, then the
provisions of this paragraph (e) apply. If a force majeure is about to
occur, occurs, or has occurred for which you intend to assert a claim
of force majeure, you must notify the Administrator in writing as
specified in Sec.  62.16030(f). You must conduct the performance test
as soon as practicable after the force majeure occurs. The
Administrator will determine whether or not to grant the extension to
the performance test deadline, and will notify you in writing of
approval or disapproval of the request for an extension as soon as
practicable. Until an extension of the performance test deadline has
been approved by the Administrator, you remain strictly subject to the
requirements of this subpart.
    (f) After any initial requests in Sec.  62.15995 for alternative
monitoring requirements for initial compliance, you may subsequently
petition the Administrator for alternative monitoring parameters as
specified in Sec. Sec.  60.13(i) and 62.15995(e).

Sec.  62.16005  How do I demonstrate continuous compliance with my
operating limits?

    You must continuously monitor your operating parameters as
specified in paragraph (a) of this section and meet the requirements of
paragraphs (b) and (c) of this section, according to the monitoring and
calibration requirements in Sec.  62.16020. You must confirm and re-
establish your operating limits as specified in paragraph (d) of this
section.
    (a) You must continuously monitor the operating parameters
specified in paragraphs (a)(1) and(2) of this section using the
continuous monitoring equipment and according to the procedures
specified in Sec.  62.16020 or established in Sec.  62.15965. To
determine compliance, you must use the data averaging period specified
in Table 4 to this subpart (except for alarm time of the baghouse leak
detection system) unless a different averaging period is established
under Sec.  62.15965.
    (1) You must demonstrate that the SSI unit meets the operating
limits established according to Sec. Sec.  62.15965 and 62.15985 and
paragraph (d) of this section for each applicable operating parameter.
    (2) You must demonstrate that the SSI unit meets the operating
limit for bag leak detection systems as follows:
    (i) For a bag leak detection system, you must calculate the alarm
time as follows:
    (A) If inspection of the fabric filter demonstrates that no
corrective action is required, no alarm time is counted.
    (B) If corrective action is required, each alarm time shall be
counted as a minimum of 1 hour.

    (C) If you take longer than 1 hour to initiate corrective action,
each alarm time (i.e., time that the alarm sounds) is counted as the
actual amount of time taken by you to initiate corrective action.
    (ii) Your maximum alarm time is equal to 5 percent of the operating
time during a 6-month period, as specified in Sec.  62.15960(c).
    (b) Operation above the established maximum, below the established
minimum, or outside the allowable range of the operating limits
specified in paragraph (a) of this section constitutes a deviation from
your operating limits established under this subpart, except during
performance tests conducted to determine compliance with the emission
and operating limits or to establish new operating limits. You must
submit the deviation report specified in Sec.  62.16030(d) for each
instance that you did not meet one of your operating limits established
under this subpart.
    (c) You must submit the annual compliance report specified in Sec.
62.16030(c) to demonstrate continuous compliance.
    (d) You must confirm your operating limits according to paragraph
(d)(1) of this section or re-establish operating limits according to
paragraph (d)(2) of this section. Your operating limits must be
established so as to assure ongoing compliance with the emission
limits. These requirements also apply to your operating requirements in
your fugitive emissions monitoring plan specified in Sec.  62.15960(d).
    (1) Your operating limits must be based on operating data recorded
during any performance test required in Sec.  62.16000(a) or any
performance evaluation required in Sec.  62.16000(b)(4).
    (2) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward.

Sec.  62.16010  By what date must I conduct annual air pollution
control device inspections and make any necessary repairs?

    (a) You must conduct an annual inspection of each air pollution
control device used to comply with the emission limits, according to
Sec.  62.16015(c), no later than 12 months following the previous
annual air pollution control device inspection.
    (b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless you
obtain written approval from the Administrator establishing a date
whereby all necessary repairs of the affected SSI unit must be
completed.

Performance Testing, Monitoring, and Calibration Requirements

Sec.  62.16015  What are the performance testing, monitoring, and
calibration requirements for compliance with the emission limits and
standards?

    You must meet, as applicable, the performance testing requirements
specified in paragraph (a) of this section, the monitoring requirements
specified in paragraph (b) of this section, the air pollution control
device inspections requirements specified in paragraph (c) of this
section, and the bypass stack provisions specified in paragraph (d) of
this section.
    (a) Performance testing requirements. (1) All performance tests
must consist of a minimum of three test runs conducted under conditions
representative of normal operations, as specified in Sec.  60.8(c).
Emissions in excess of the emission limits or standards during periods
of startup, shutdown, and malfunction are considered deviations from
the applicable emission limits or standards.
    (2) You must document that the dry sludge burned during the
performance test is representative of the sludge burned under normal
operating conditions by:
    (i) Maintaining a log of the quantity of sewage sludge burned
during the performance test by continuously monitoring and recording
the average hourly rate that sewage sludge is fed to the incinerator.
    (ii) Maintaining a log of the moisture content of the sewage sludge
burned during the performance test by taking grab samples of the sewage
sludge fed to the incinerator for each 8 hour period that testing is
conducted.
    (3) All performance tests must be conducted using the test methods,
minimum sampling volume, observation period, and averaging method
specified in Table 2 or 3 to this subpart.
    (4) Method 1 at 40 CFR part 60, appendix A must be used to select
the sampling location and number of traverse points.
    (5) Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used
for gas composition analysis, including measurement of oxygen
concentration. Method 3A or 3B at 40 CFR part 60, appendix A-2 must be
used simultaneously with each method.
    (6) All pollutant concentrations must be adjusted to 7 percent
oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP27AP15.005

Where:

Cadj = Pollutant concentration adjusted to 7 percent
oxygen.
Cmeas = Pollutant concentration measured on a dry basis.
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen
correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis,
percent.

    (7) Performance tests must be conducted and data reduced in
accordance with the test methods and procedures contained in this
subpart unless the Administrator does one of the following.
    (i) Specifies or approves, in specific cases, the use of a method
with minor changes in methodology.
    (ii) Approves the use of an equivalent method.
    (iii) Approves the use of an alternative method the results of
which he has determined to be adequate for indicating whether a
specific source is in compliance.
    (iv) Waives the requirement for performance tests because you have
demonstrated by other means to the Administrator's satisfaction that
the affected SSI unit is in compliance with the standard.
    (v) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors. Nothing in this
paragraph is construed to abrogate the Administrator's authority to
require testing under section 114 of the Clean Air Act.
    (8) You must provide the Administrator at least 30 days prior
notice of any performance test, except as specified under other
subparts, to afford the Administrator the opportunity to have an
observer present. If after 30 days' notice for an initially scheduled
performance test, there is a delay (due to operational problems, etc.)
in conducting the scheduled performance test, you must notify the
Administrator as soon as possible of any delay in the original test
date, either by providing at

least 7 days prior notice of the rescheduled date of the performance
test, or by arranging a rescheduled date with the Administrator by
mutual agreement.
    (9) You must provide, or cause to be provided, performance testing
facilities as follows:
    (i) Sampling ports adequate for the test methods applicable to the
SSI unit, as follows:
    (A) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures.
    (B) Providing a stack or duct free of cyclonic flow during
performance tests, as demonstrated by applicable test methods and
procedures.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (10) Unless otherwise specified in this subpart, each performance
test must consist of three separate runs using the applicable test
method. Each run must be conducted for the time and under the
conditions specified in the applicable standard. Compliance with each
emission limit must be determined by calculating the arithmetic mean of
the three runs. In the event that a sample is accidentally lost or
conditions occur in which one of the three runs must be discontinued
because of forced shutdown, failure of an irreplaceable portion of the
sample train, extreme meteorological conditions, or other
circumstances, beyond your control, compliance may, upon the
Administrator's approval, be determined using the arithmetic mean of
the results of the two other runs.
    (11) During each test run specified in paragraph (a)(1) of this
section, you must operate your sewage sludge incinerator at a minimum
of 85 percent of your maximum permitted capacity.
    (b) Continuous monitor requirements. You must meet the following
requirements, as applicable, when using a continuous monitoring system
to demonstrate compliance with the emission limits in Table 2 or 3 to
this subpart. The option to use a continuous emissions monitoring
system for hydrogen chloride, dioxins/furans, cadmium, or lead takes
effect on the date a final performance specification applicable to
hydrogen chloride, dioxins/furans, cadmium or lead is published in the
Federal Register. If you elect to use a continuous emissions monitoring
system instead of conducting annual performance testing, you must meet
the requirements of paragraphs (b)(1) through (6) of this section. If
you elect to use a continuous automated sampling system instead of
conducting annual performance testing, you must meet the requirements
of paragraph (b)(7) of this section. The option to use a continuous
automated sampling system for dioxins/furans takes effect on the date a
final performance specification for such a continuous automated
sampling system is published in the Federal Register.
    (1) You must notify the Administrator 1 month before starting use
of the continuous emissions monitoring system.
    (2) You must notify the Administrator 1 month before stopping use
of the continuous emissions monitoring system, in which case you must
also conduct a performance test within prior to ceasing operation of
the system.
    (3) You must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the emissions to
the atmosphere in accordance with the following:
    (i) Section 60.13 of subpart A of part 60.
    (ii) The following performance specifications of appendix B of part
60, as applicable:
    (A) For particulate matter, Performance Specification 11 of
appendix B of part 60.
    (B) For hydrogen chloride, Performance Specification 15 of appendix
B of part 60.
    (C) For carbon monoxide, Performance Specification 4B of appendix B
of part 60 with spans appropriate to the applicable emission limit.
    (D) [Reserved]
    (E) For mercury, Performance Specification 12A of appendix B of
part 60.
    (F) For nitrogen oxides, Performance Specification 2 of appendix B
of part 60.
    (G) For sulfur dioxide, Performance Specification 2 of appendix B
of part 60.
    (iii) For continuous emissions monitoring systems, the quality
assurance procedures (e.g., quarterly accuracy determinations and daily
calibration drift tests) of appendix F of this part specified in
paragraphs (b)(3)(iii)(A) through (G) of this section. For each
pollutant, the span value of the continuous emissions monitoring system
is two times the applicable emission limit, expressed as a
concentration.
    (A) For particulate matter, Procedure 2 in appendix F of part 60.
    (B) For hydrogen chloride, Procedure 1 in appendix F of part 60
except that the Relative Accuracy Test Audit requirements of Procedure
1 shall be replaced with the validation requirements and criteria of
sections 11.1.1 and 12.0 of Performance Specification 15 of appendix B
of part 60.
    (C) For carbon monoxide, Procedure 1 in appendix F of part 60.
    (D) [Reserved]
    (E) For mercury, Procedures 5 in appendix F of part 60.
    (F) For nitrogen oxides, Procedure 1 in appendix F of part 60.
    (G) For sulfur dioxide, Procedure 1 in appendix F of part 60.
    (iv) If your monitoring system has a malfunction or out-of-control
period, you must complete repairs and resume operation of your
monitoring system as expeditiously as possible.
    (4) During each relative accuracy test run of the continuous
emissions monitoring system using the performance specifications in
paragraph (b)(3)(ii) of this section, emission data for each regulated
pollutant and oxygen (or carbon dioxide as established in (b)(5) of
this section) must be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emissions monitoring systems and
the test methods specified in paragraph (b)(4)(i) through (viii) of
this section. Relative accuracy testing must be at representative
operating conditions while the SSI unit is charging sewage sludge.
    (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A-
3 or Method 26A or 29 at 40 CFR part 60, appendix A-8 shall be used.
    (ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60,
appendix A-8, shall be used, as specified in Tables 2 and 3 to this
subpart.
    (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part
60, appendix A-4, shall be used.
    (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A-7,
shall be used.
    (v) For mercury, cadmium and lead, Method 29 at 40 CFR part 60,
appendix A-8, shall be used. Alternatively for mercury, either Method
30B at 40 CFR part 60, appendix A-8 or ASTM D6784-02 (Reapproved 2008)
(incorporated by reference, see Sec.  60.17), may be used.
    (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60,
appendix A-4, shall be used.
    (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60,
appendix A-4, or as an alternative ANSI/ASME PTC 19.10-1981
(incorporated by reference, see Sec.  60.17) must be used. For sources
that have actual inlet emissions less than 100 parts per million dry
volume, the relative accuracy criterion for the

inlet of the sulfur dioxide continuous emissions monitoring system
should be no greater than 20 percent of the mean value of the 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 method and the continuous emissions monitoring system, whichever is
greater.
    (viii) For oxygen (or carbon dioxide as established in (b)(5) of
this section), Method 3A or 3B at 40 CFR part 60, appendix A-2, or as
an alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec.  60.17), as applicable, must be used.
    (5) You may request that compliance with the emission limits be
determined using carbon dioxide measurements corrected to an equivalent
of 7 percent oxygen. If carbon dioxide is selected for use in diluent
corrections, the relationship between oxygen and carbon dioxide levels
must be established during the initial performance test according to
the procedures and methods specified in paragraphs (b)(5)(i) through
(iv) of this section. This relationship may be re-established during
subsequent performance tests.
    (i) The fuel factor equation in Method 3B at 40 CFR part 60,
appendix A-2 must be used to determine the relationship between oxygen
and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR
part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981
(incorporated by reference, see Sec.  60.17), as applicable, must be
used to determine the oxygen concentration at the same location as the
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (6) You must operate the continuous monitoring system and collect
data with the continuous monitoring system as follows:
    (i) You must collect data using the continuous monitoring system at
all times the affected SSI unit is operating and at the intervals
specified in paragraph (b)(6)(ii) of this section, except for periods
of monitoring system malfunctions that occur during periods specified
in Sec.  62.15995(a)(7)(i), repairs associated with monitoring system
malfunctions, and required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments). Any such periods that
you do not collect data using the continuous monitoring system
constitute a deviation from the monitoring requirements and must be
reported in a deviation report.
    (ii) You must collect continuous emissions monitoring system data
in accordance with Sec.  60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or control activities must not be
included in calculations used to report emissions or operating levels.
Any such periods must be reported in a deviation report.
    (iv) Any data collected during periods when the monitoring system
is out of control as specified in Sec.  60.4880(a)(7)(i), repairs
associated with periods when the monitoring system is out of control,
or required monitoring system quality assurance or control activities
conducted during out-of-control periods must not be included in
calculations used to report emissions or operating levels. Any such
periods that do not coincide with a monitoring system malfunction as
defined in Sec.  62.16045, constitute a deviation from the monitoring
requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except
those periods specified in paragraphs (b)(6)(iii) and (iv) of this
section in assessing the operation of the control device and associated
control system.
    (7) If you elect to use a continuous automated sampling system
instead of conducting annual performance testing, you must:
    (i) Install, calibrate, maintain and operate a continuous automated
sampling system according to the site-specific monitoring plan
developed in Sec.  60.58b(p)(1) through (6), (9), (10), and (q).
    (ii) Collect data according to Sec.  60.58b(p)(5) and paragraph
(b)(6) of this section.
    (c) Air pollution control device inspections. You must conduct air
pollution control device inspections that include, at a minimum, the
following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Generally observe that the equipment is maintained in good
operating condition.
    (3) Develop a site-specific monitoring plan according to the
requirements in Sec.  62.15995. This requirement also applies to you if
you petition the EPA Administrator for alternative monitoring
parameters under Sec.  60.13(i).
    (d) Bypass stack. Use of the bypass stack at any time that sewage
sludge is being charged to the SSI unit is an emissions standards
deviation for all pollutants listed in Table 2 or 3 to this subpart.
The use of the bypass stack during a performance test invalidates the
performance test.

Sec.  62.16020  What are the monitoring and calibration requirements
for compliance with my operating limits?

    (a) You must install, operate, calibrate and maintain the
continuous parameter monitoring systems according to the requirements
in paragraphs (a)(1) and (2) of this section.
    (1) Meet the following general requirements for flow, pressure, pH
and operating temperature measurement devices:
    (i) You must collect data using the continuous monitoring system at
all times the affected SSI unit is operating and at the intervals
specified in paragraph (a)(1)(ii) of this section, except for periods
of monitoring system malfunctions that occur during periods specified
defined in Sec.  62.15995(a)(7)(i), repairs associated with monitoring
system malfunctions, and required monitoring system quality assurance
or quality control activities (including, as applicable, calibration
checks and required zero and span adjustments). Any such periods that
you do not collect data using the continuous monitoring system
constitute a deviation from the monitoring requirements and must be
reported in a deviation report.
    (ii) You must collect continuous parameter monitoring system data
in accordance with Sec.  60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or control activities must not be
included in calculations used to report emissions or operating levels.
Any such periods must be reported in your annual deviation report.
    (iv) Any data collected during periods when the monitoring system
is out of control as specified in Sec.  62.15995(a)(7)(i) must not be
included in calculations used to report emissions or operating levels.
Any such periods that do not coincide with a monitoring system
malfunction, as defined in Sec.  62.16045, constitute a deviation from
the monitoring requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except
those periods specified in paragraphs (a)(1)(iii) and (iv) of this
section in assessing the operation of the control device and associated
control system.

    (vi) Record the results of each inspection, calibration and
validation check.
    (2) Operate and maintain your continuous monitoring system
according to your monitoring plan required under Sec.  60.4880.
Additionally:
    (i) For carrier gas flow rate monitors (for activated carbon
injection), during the performance test conducted pursuant to Sec.
60.4885, you must demonstrate that the system is maintained within
5 percent accuracy, according to the procedures in appendix
A to part 75 of this chapter.
    (ii) For carrier gas pressure drop monitors (for activated carbon
injection), during the performance test conducted pursuant to Sec.
60.4885, you must demonstrate that the system is maintained within
5 percent accuracy.
    (b) You must operate and maintain your bag leak detection system in
continuous operation according to your monitoring plan required under
Sec.  60.4880. Additionally:
    (1) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a bag leak detection
system must be installed in each baghouse compartment or cell.
    (2) Where multiple bag leak detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (3) You must initiate procedures to determine the cause of every
alarm within 8 hours of the alarm, and you must alleviate the cause of
the alarm within 24 hours of the alarm by taking whatever corrective
action(s) are necessary. Corrective actions may include, but are not
limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags
or filter media or any other condition that may cause an increase in
particulate matter emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate matter
emissions.
    (c) You must operate and maintain the continuous parameter
monitoring systems specified in paragraphs (a) and (b) of this section
in continuous operation according to your monitoring plan required
under Sec.  60.4880.
    (d) If your SSI unit has a bypass stack, you must install,
calibrate (to manufacturers' specifications), maintain and operate a
device or method for measuring the use of the bypass stack including
date, time and duration.

Recordkeeping and Reporting

Sec.  62.16025  What records must I keep?

    You must maintain the items (as applicable) specified in paragraphs
(a) through (n) of this section for a period of at least 5 years. All
records must be available on site in either paper copy or computer-
readable format that can be printed upon request, unless an alternative
format is approved by the Administrator.
    (a) Date. Calendar date of each record.
    (b) Increments of progress. Copies of the final control plan and
any additional notifications, reported under Sec.  62.16030.
    (c) Operator Training. Documentation of the operator training
procedures and records specified in paragraphs (c)(1) through (4) of
this section. You must make available and readily accessible at the
facility at all times for all SSI unit operators the documentation
specified in paragraph (c)(1) of this section.
    (1) Documentation of the following operator training procedures and
information:
    (i) Summary of the applicable standards under this subpart.
    (ii) Procedures for receiving, handling and feeding sewage sludge.
    (iii) Incinerator startup, shutdown, and malfunction preventative
and corrective procedures.
    (iv) Procedures for maintaining proper combustion air supply
levels.
    (v) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
    (vi) Monitoring procedures for demonstrating compliance with the
incinerator operating limits.
    (vii) Reporting and recordkeeping procedures.
    (viii) Procedures for handling ash.
    (ix) A list of the materials burned during the performance test, if
in addition to sewage sludge.
    (x) For each qualified operator and other plant personnel who may
operate the unit according to the provisions of Sec.  62.15945(a), the
phone and/or pager number at which they can be reached during operating
hours.
    (2) Records showing the names of SSI unit operators and other plant
personnel who may operate the unit according to the provisions of Sec.
62.15945(a), as follows:
    (i) Records showing the names of SSI unit operators and other plant
personnel who have completed review of the information in paragraph
(c)(1) of this section as required by Sec.  62.15950(b), including the
date of the initial review and all subsequent annual reviews.
    (ii) Records showing the names of the SSI operators who have
completed the operator training requirements under Sec.  62.15920, met
the criteria for qualification under Sec.  62.15930, and maintained or
renewed their qualification under Sec.  62.15935 or Sec.  62.15940.
Records must include documentation of training, including the dates of
their initial qualification and all subsequent renewals of such
qualifications.
    (3) Records showing the periods when no qualified operators were
accessible for more than 8 hours, but less than 2 weeks, as required in
Sec.  62.15945(a).
    (4) Records showing the periods when no qualified operators were
accessible for 2 weeks or more along with copies of reports submitted
as required in Sec.  62.15945(b).
    (d) Air pollution control device inspections. Records of the
results of initial and annual air pollution control device inspections
conducted as specified in Sec. Sec.  62.15990 and 62.16015(c),
including any required maintenance and any repairs not completed within
10 days of an inspection or the timeframe established by the
Administrator.
    (e) Performance test reports. (1) The results of the initial,
annual and any subsequent performance tests conducted to determine
compliance with the emission limits and standards and/or to establish
operating limits, as applicable.
    (2) Retain a copy of the complete performance test report,
including calculations.
    (3) Keep a record of the hourly dry sludge feed rate measured
during performance test runs as specified in Sec.  62.16015(a)(2)(i).
    (4) Keep any necessary records to demonstrate that the performance
test was conducted under conditions representative of normal
operations, including a record of the moisture content measured as
required in Sec.  62.16015(a)(2)(ii) for each grab sample taken of the
sewage sludge burned during the performance test.
    (f) Continuous monitoring data. Records of the following data, as
applicable:
    (1) For continuous emissions monitoring systems, all 1-hour average
concentrations of particulate matter, hydrogen chloride, carbon
monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides,
sulfur dioxide, cadmium and lead emissions.

    (2) For continuous automated sampling systems, all average
concentrations measured for mercury and dioxins/furans total mass basis
at the frequencies specified in your monitoring plan.
    (3) For continuous parameter monitoring systems:
    (i) All 1-hour average values recorded for the following operating
parameters, as applicable:
    (A) Combustion chamber operating temperature (or afterburner
temperature).
    (B) If a wet scrubber is used to comply with the rule, pressure
drop across each wet scrubber system and liquid flow rate to each wet
scrubber used to comply with the emission limit in Table 2 or 3 to this
subpart for particulate matter, cadmium or lead and scrubber liquid
flow rate and scrubber liquid pH for each wet scrubber used to comply
with an emission limit in Table 2 or 3 to this subpart for sulfur
dioxide or hydrogen chloride.
    (C) If an electrostatic precipitator is used to comply with the
rule, secondary voltage of the electrostatic precipitator collection
plates and secondary amperage of the electrostatic precipitator
collection plates and effluent water flow rate at the outlet of the wet
electrostatic precipitator.
    (D) If activated carbon injection is used to comply with the rule,
sorbent flow rate and carrier gas flow rate or pressure drop, as
applicable.
    (ii) All daily average values recorded for the feed rate and
moisture content of the sewage sludge fed to the sewage sludge
incinerator, monitored and calculated as specified in Sec.
62.15960(f).
    (iii) If a fabric filter is used to comply with the rule, the date,
time and duration of each alarm and the time corrective action was
initiated and completed, and a brief description of the cause of the
alarm and the corrective action taken. You must also record the percent
of operating time during each 6-month period that the alarm sounds,
calculated as specified in Sec.  62.16005.
    (iv) For other control devices for which you must establish
operating limits under Sec.  62.15965, you must maintain data collected
for all operating parameters used to determine compliance with the
operating limits, at the frequencies specified in your monitoring plan.
    (g) Other records for continuous monitoring systems. You must keep
the following records, as applicable:
    (1) Keep records of any notifications to the Administrator in Sec.
60.4915(h)(1) of starting or stopping use of a continuous monitoring
system for determining compliance with any emissions limit.
    (2) Keep records of any requests under Sec.  62.16015(b)(5) that
compliance with the emission limits be determined using carbon dioxide
measurements corrected to an equivalent of 7 percent oxygen.
    (3) If activated carbon injection is used to comply with the rule,
the type of sorbent used and any changes in the type of sorbent used.
    (h) Deviation Reports. Records of any deviation reports submitted
under Sec.  62.16030(e) and (f).
    (i) Equipment specifications and operation and maintenance
requirements. Equipment specifications and related operation and
maintenance requirements received from vendors for the incinerator,
emission controls and monitoring equipment.
    (j) Inspections, calibrations and validation checks of monitoring
devices. Records of inspections, calibration and validation checks of
any monitoring devices as required under Sec. Sec.  62.16015 and
62.16020.
    (k) Monitoring plan and performance evaluations for continuous
monitoring systems. Records of the monitoring plans required under
Sec.  62.15995, and records of performance evaluations required under
Sec.  62.16000(b)(5).
    (l) Less frequent testing. If, consistent with Sec.
62.16000(a)(3), you elect to conduct performance tests less frequently
than annually, you must keep annual records that document that your
emissions in the two previous consecutive years were at or below 75
percent of the applicable emission limit in Table 1 or 2 to this
subpart, and document that there were no changes in source operations
or air pollution control equipment that would cause emissions of the
relevant pollutant to increase within the past 2 years.
    (m) Use of bypass stack. Records indicating use of the bypass
stack, including dates, times and durations as required under Sec.
62.16020(d).
    (n) If a malfunction occurs, you must keep a record of the
information submitted in your annual report in Sec.  62.16030(c)(16).

Sec.  62.16030  What reports must I submit?

    You must submit the reports to the Administrator specified in
paragraphs (a) through (i) of this section. See Table 6 to this subpart
for a summary of these reports.
    (a) Increments of progress report. If you plan to achieve
compliance more than 1 year following the effective date of state plan
approval, you must submit the following reports, as applicable:
    (1) A final control plan as specified in Sec. Sec.  62.15875(b)(1)
and 62.15900.
    (2) You must submit your notification of achievement of increments
of progress no later than 10 business days after the compliance date
for the increment as specified in Sec. Sec.  62.15885 and 62.15890.
    (3) If you fail to meet an increment of progress, you must submit a
notification to the Administrator postmarked within 10 business days
after the date for that increment, as specified in Sec.  62.15895.
    (4) If you plan to close your SSI unit rather than comply with the
Federal Plan, submit a closure notification as specified in Sec.
62.15915.
    (b) Initial compliance report. You must submit the following
information no later than 60 days following the initial performance
test.
    (1) Company name, physical address and mailing address.
    (2) Statement by a responsible official, with that official's name,
title and signature, certifying the accuracy of the content of the
report.
    (3) Date of report.
    (4) The complete test report for the initial performance test
results obtained by using the test methods specified in Table 2 or 3 to
this subpart.
    (5) If an initial performance evaluation of a continuous monitoring
system was conducted, the results of that initial performance
evaluation.
    (6) The values for the site-specific operating limits established
pursuant to Sec. Sec.  62.15960 and 62.15965 and the calculations and
methods, as applicable, used to establish each operating limit.
    (7) If you are using a fabric filter to comply with the emission
limits, documentation that a bag leak detection system has been
installed and is being operated, calibrated, and maintained as required
by Sec.  62.15960(b).
    (8) The results of the initial air pollution control device
inspection required in Sec.  62.15990, including a description of
repairs.
    (9) The site-specific monitoring plan required under Sec.
62.15995, at least 60 days before your initial performance evaluation
of your continuous monitoring system.
    (10) The site-specific monitoring plan for your ash handling system
required under Sec.  62.15995, at least 60 days before your initial
performance test to demonstrate compliance with your fugitive ash
emission limit.
    (c) Annual compliance report. You must submit an annual compliance
report that includes the items listed in paragraphs (c)(1) through (16)
of this section for the reporting period specified in paragraph (c)(3)
of this section. You must submit your first annual compliance report no
later than 12 months following the submission of

the initial compliance report in paragraph (b) of this section. You
must submit subsequent annual compliance reports no more than 12 months
following the previous annual compliance report. (You may be required
to submit similar or additional compliance information more frequently
by the title V operating permit required in Sec.  62.16035.)
    (1) Company name, physical address and mailing address.
    (2) Statement by a responsible official, with that official's name,
title and signature, certifying the accuracy of the content of the
report.
    (3) Date of report and beginning and ending dates of the reporting
period.
    (4) If a performance test was conducted during the reporting
period, the results of that performance test.
    (i) If operating limits were established during the performance
test, include the value for each operating limit and, as applicable,
the method used to establish each operating limit, including
calculations.
    (ii) If activated carbon is used during the performance test,
include the type of activated carbon used.
    (5) For each pollutant and operating parameter recorded using a
continuous monitoring system, the highest average value and lowest
average value recorded during the reporting period, as follows:
    (i) For continuous emission monitoring systems and continuous
automated sampling systems, report the highest and lowest 24-hour
average emission value.
    (ii) For continuous parameter monitoring systems, report the
following values:
    (A) For all operating parameters except scrubber liquid pH, the
highest and lowest 12-hour average values.
    (B) For scrubber liquid pH, the highest and lowest 3-hour average
values.
    (6) If there are no deviations during the reporting period from any
emission limit, emission standard or operating limit that applies to
you, a statement that there were no deviations from the emission
limits, emission standard or operating limits.
    (7) Information for bag leak detection systems recorded under Sec.
62.16025(f)(3)(iii).
    (8) If a performance evaluation of a continuous monitoring system
was conducted, the results of that performance evaluation. If new
operating limits were established during the performance evaluation,
include your calculations for establishing those operating limits.
    (9) If you elect to conduct performance tests less frequently as
allowed in Sec.  62.16000(a)(3) and did not conduct a performance test
during the reporting period, you must include the dates of the last two
performance tests, a comparison of the emission level you achieved in
the last two performance tests to the 75 percent emission limit
threshold specified in Sec.  62.16000(a)(3), and a statement as to
whether there have been any process changes and whether the process
change resulted in an increase in emissions.
    (10) Documentation of periods when all qualified sewage sludge
incineration unit operators were unavailable for more than 8 hours, but
less than 2 weeks.
    (11) Results of annual air pollution control device inspections
recorded under Sec.  62.16025(d) for the reporting period, including a
description of repairs.
    (12) If there were no periods during the reporting period when your
continuous monitoring systems had a malfunction, a statement that there
were no periods during which your continuous monitoring systems had a
malfunction.
    (13) If there were no periods during the reporting period when a
continuous monitoring system was out of control, a statement that there
were no periods during which your continuous monitoring systems were
out of control.
    (14) If there were no operator training deviations, a statement
that there were no such deviations during the reporting period.
    (15) If you did not make revisions to your site-specific monitoring
plan during the reporting period, a statement that you did not make any
revisions to your site-specific monitoring plan during the reporting
period. If you made revisions to your site-specific monitoring plan
during the reporting period, a copy of the revised plan.
    (16) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (d) Deviation reports. (1) You must submit a deviation report if:
    (i) Any recorded operating parameter level, based on the averaging
time specified in Table 4 to this subpart, is above the maximum
operating limit or below the minimum operating limit established under
this subpart.
    (ii) The bag leak detection system alarm sounds for more than 5
percent of the operating time for the 6-month reporting period.
    (iii) Any recorded 24-hour block average emissions level is above
the emission limit, if a continuous monitoring system is used to comply
with an emission limit.
    (iv) There are visible emissions of combustion ash from an ash
conveying system for more than 5 percent of any compliance test hourly
observation period.
    (v) A performance test was conducted that deviated from any
emission limit in Table 2 or 3 to this subpart.
    (vi) A continuous monitoring system was out of control.
    (vii) You had a malfunction (e.g., continuous monitoring system
malfunction) that caused or may have caused any applicable emission
limit to be exceeded.
    (2) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).
    (3) For each deviation where you are using a continuous monitoring
system to comply with an associated emission limit or operating limit,
report the items described in paragraphs (d)(3)(i) through (viii) of
this section.
    (i) Company name, physical address and mailing address.
    (ii) Statement by a responsible official, with that official's
name, title and signature, certifying the accuracy of the content of
the report.
    (iii) The calendar dates and times your unit deviated from the
emission limits, emission standards or operating limits requirements.
    (iv) The averaged and recorded data for those dates.
    (v) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits and your
corrective actions.
    (B) Bypass events and your corrective actions.
    (vi) Dates, times and causes for monitor downtime incidents.
    (vii) A copy of the operating parameter monitoring data during each
deviation and any test report that documents the emission levels.
    (viii) If there were periods during which the continuous monitoring
system malfunctioned or was out of control, you must include the
following

information for each deviation from an emission limit or operating
limit:
    (A) The date and time that each malfunction started and stopped.
    (B) The date, time and duration that each continuous monitoring
system was inoperative, except for zero (low-level) and high-level
checks.
    (C) The date, time and duration that each continuous monitoring
system was out of control, including start and end dates and hours and
descriptions of corrective actions taken.
    (D) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction, during
a period when the system as out of control or during another period.
    (E) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
    (F) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes and other unknown causes.
    (G) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the SSI unit at which the continuous monitoring
system downtime occurred during that reporting period.
    (H) An identification of each parameter and pollutant that was
monitored at the SSI unit.
    (I) A brief description of the SSI unit.
    (J) A brief description of the continuous monitoring system.
    (K) The date of the latest continuous monitoring system
certification or audit.
    (L) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
    (4) For each deviation where you are not using a continuous
monitoring system to comply with the associated emission limit or
operating limit, report the following items:
    (i) Company name, physical address and mailing address.
    (ii) Statement by a responsible official, with that official's
name, title and signature, certifying the accuracy of the content of
the report.
    (iii) The total operating time of each affected source during the
reporting period.
    (iv) The calendar dates and times your unit deviated from the
emission limits, emission standards or operating limits requirements.
    (v) The averaged and recorded data for those dates.
    (vi) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits and your
corrective actions.
    (B) Bypass events and your corrective actions.
    (vii) A copy of any performance test report that showed a deviation
from the emission limits or standards.
    (viii) A brief description of any malfunction reported in paragraph
(d)(1)(vii) of this section, including a description of actions taken
during the malfunction to minimize emissions in accordance with Sec.
60.11(d) and to correct the malfunction.
    (e) Qualified operator deviation. (1) If all qualified operators
are not accessible for 2 weeks or more, you must take the two actions
in paragraphs (e)(1)(i) and (ii) of this section.
    (i) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (e)(1)(i)(A) through(C) of this
section.
    (A) A statement of what caused the deviation.
    (B) A description of actions taken to ensure that a qualified
operator is accessible.
    (C) The date when you anticipate that a qualified operator will be
available.
    (ii) Submit a status report to the Administrator every 4 weeks that
includes the three items in paragraphs (e)(1)(ii)(A) through (C) of
this section.
    (A) A description of actions taken to ensure that a qualified
operator is accessible.
    (B) The date when you anticipate that a qualified operator will be
accessible.
    (C) Request for approval from the Administrator to continue
operation of the SSI unit.
    (2) If your unit was shut down by the Administrator, under the
provisions of Sec.  62.15945(b)(2)(i), due to a failure to provide an
accessible qualified operator, you must notify the Administrator within
five days of meeting Sec.  62.15945(b)(2)(ii) that you are resuming
operation.
    (f) Notification of a force majeure. If a force majeure is about to
occur, occurs, or has occurred for which you intend to assert a claim
of force majeure:
    (1) You must notify the Administrator, in writing as soon as
practicable following the date you first knew, or through due
diligence, should have known that the event may cause or caused a delay
in conducting a performance test beyond the regulatory deadline, but
the notification must occur before the performance test deadline unless
the initial force majeure or a subsequent force majeure event delays
the notice, and in such cases, the notification must occur as soon as
practicable.
    (2) You must provide to the Administrator a written description of
the force majeure event and a rationale for attributing the delay in
conducting the performance test beyond the regulatory deadline to the
force majeure; describe the measures taken or to be taken to minimize
the delay; and identify a date by which you propose to conduct the
performance test.
    (g) Other notifications and reports required. You must submit other
notifications as provided by Sec.  60.7 and as follows:
    (1) You must notify the Administrator 1 month before starting or
stopping use of a continuous monitoring system for determining
compliance with any emission limit.
    (2) You must notify the Administrator at least 30 days prior to any
performance test conducted to comply with the provisions of this
subpart, to afford the Administrator the opportunity to have an
observer present.
    (3) As specified in Sec.  62.16015(a)(8), you must notify the
Administrator at least 7 days prior to the date of a rescheduled
performance test for which notification was previously made in
paragraph (g)(2) of this section.
    (h) Report submission form. (1) Submit initial, annual and
deviation reports electronically or in paper format, postmarked on or
before the submittal due dates.
    (2) Submit performance tests and evaluations according to
paragraphs (i) and (ii) below.
    (i) Within 60 days after the date of completing each performance
test (see Sec.  60.8) required by this subpart, you must submit the
results of the performance test according to the method specified by
either paragraph (A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(http://www.epa.gov/ttn/chief/ert/index.html), you must submit the
results of the performance test to the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through the EPA's Central
Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp), unless the
Administrator approves another approach. Performance test data must be
submitted in a file format generated through the use of the EPA's ERT.
If you claim that some of the performance test information being
transmitted is confidential business information (CBI),

you must submit a complete file generated through the use of the EPA's
ERT, including information claimed to be CBI, on a compact disk, flash
drive, or other commonly used electronic storage media to the EPA. The
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT
file with the CBI omitted must be submitted to the EPA via CDX as
described earlier in this paragraph.
    (B) For any performance tests conducted using test methods that are
not supported by the EPA's ERT as listed on the EPA's ERT Web site, you
must submit the results of the performance test to the Administrator at
the appropriate address listed in Sec.  60.4.
    (ii) Within 60 days after the date of completing each CEMS
performance evaluation (as defined in Sec.  63.2), you must submit the
results of the performance evaluation according to the method specified
by either paragraph (A) or (B) of this section.
    (A) For data collection of relative accuracy test audit (RATA)
pollutants that are supported by the EPA's ERT as listed on the EPA's
ERT Web site, you must submit the results of the performance evaluation
to the CEDRI that is accessed through the EPA's CDX, unless the
Administrator approves another approach. Performance evaluation data
must be submitted in a file format generated through the use of the
EPA's ERT. If you claim that some of the performance evaluation
information being transmitted is CBI, you must submit a complete file
generated through the use of the EPA's ERT, including information
claimed to be CBI, on a compact disk or other commonly used electronic
storage media (including, but not limited to, flash drives) by
registered letter to the EPA. The compact disk shall be clearly marked
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT file with the CBI omitted must be
submitted to the EPA via CDX as described earlier in this paragraph.
    (B) For any performance evaluations with RATA pollutants that are
not supported by the EPA's ERT as listed on the EPA's ERT Web site, you
shall submit the results of the performance evaluation to the
Administrator at the appropriate address listed in Sec.  60.4.
    (3) Changing report dates. If the Administrator agrees, you may
change the semiannual or annual reporting dates. See Sec.  60.19(c) for
procedures to seek approval to change your reporting date.

Title V Operating Permits

Sec.  62.16035  Am I required to apply for and obtain a Title V
operating permit for my existing SSI unit?

    Yes, if you are subject to an applicable EPA-approved and effective
CAA section 111(d)/129 state or tribal plan or an applicable and
effective Federal Plan, you are required to apply for and obtain a
Title V operating permit for your existing SSI unit unless you meet the
relevant requirements for an exemption specified in Sec.  62.15860.

Sec.  62.16040  When must I submit a Title V permit application for my
existing SSI unit?

    (a) If your existing SSI unit is not subject to an earlier permit
application deadline, a complete title V permit application must be
submitted on or before the earlier of the dates specified in paragraphs
(a)(1) through (3) of this section. (See sections 129(e), 503(c),
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40
CFR 71.5(a)(1)(i)).
    (1) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 state or tribal plan.
    (2) 12 months after the effective date of any applicable Federal
Plan.
    (3) March 21, 2014.
    (b) For any existing unit not subject to an earlier permit
application deadline, the application deadline of 36 months after the
promulgation of 40 CFR part 60, subpart MMMM applies regardless of
whether or when any applicable Federal Plan is effective, or whether or
when any applicable Clean Air Act section 111(d)/129 state or tribal
plan is approved by the EPA and becomes effective.
    (c) If your existing unit is subject to title V as a result of some
triggering requirement(s) other than those specified in paragraphs (a)
and (b) of this section (for example, a unit may be a major source or
part of a major source), then your unit may be required to apply for a
title V permit prior to the deadlines specified in paragraphs (a) and
(b). If more than one requirement triggers a source's obligation to
apply for a title V permit, the 12-month time frame for filing a title
V permit application is triggered by the requirement which first causes
the source to be subject to title V. (See section 503(c) of the Clean
Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR
71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (d) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40
CFR 71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with federal law. (See sections 503(d) and 502(a) of the
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Definitions

Sec.  62.16045  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean
Air Act and Sec.  60.2.
    Administrator means:
    (1) For units covered by the Federal Plan, the Administrator of the
EPA or his/her authorized representative (e.g. delegated authority).
    (2) For units covered by an approved state plan, the director of
the state air pollution control agency or his/her authorized
representative.
    Affected source means a sewage sludge incineration unit as defined
in Sec.  62.16045.
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil
or diesel fuel.
    Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance or
other principle to monitor relative particulate matter loadings.
    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
    Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
    Continuous automated sampling system means the total equipment and
procedures for automated sample collection and sample recovery/analysis
to determine a pollutant concentration or emission rate by collecting a
single integrated sample(s) or multiple integrated sample(s) of the
pollutant (or

diluent gas) for subsequent on- or off-site analysis; integrated
sample(s) collected are representative of the emissions for the sample
time as specified by the applicable requirement.
    Continuous emissions monitoring system means a monitoring system
for continuously measuring and recording the emissions of a pollutant
from an affected facility.
    Continuous monitoring system (CMS) means a continuous emissions
monitoring system, continuous automated sampling system, continuous
parameter monitoring system or other manual or automatic monitoring
that is used for demonstrating compliance with an applicable regulation
on a continuous basis as defined by this subpart. The term refers to
the total equipment used to sample and condition (if applicable), to
analyze and to provide a permanent record of emissions or process
parameters.
    Continuous parameter monitoring system means a monitoring system
for continuously measuring and recording operating conditions
associated with air pollution control device systems (e.g., operating
temperature, pressure and power).
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limit, operating
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Electrostatic precipitator or wet electrostatic precipitator means
an air pollution control device that uses both electrical forces and,
if applicable, water to remove pollutants in the exit gas from a sewage
sludge incinerator stack.
    Existing sewage sludge incineration unit means a sewage sludge
incineration unit the construction of which is commenced on or before
October 14, 2010.
    Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
    Fluidized bed incinerator means an enclosed device in which organic
matter and inorganic matter in sewage sludge are combusted in a bed of
particles suspended in the combustion chamber gas.
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control and monitoring equipment,
process equipment or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
    Modification means a change to an existing SSI unit later than
September 21, 2011 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
SSI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the SSI unit used to calculate these costs, see the definition of SSI
unit.
    (2) Any physical change in the SSI unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
    Modified sewage sludge incineration unit means an existing SSI unit
that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that
contains a number of solid refractory hearths and a central rotating
shaft; rabble arms that are designed to slowly rake the sludge on the
hearth are attached to the rotating shaft. Dewatered sludge enters at
the top and proceeds downward through the furnace from hearth to
hearth, pushed along by the rabble arms.
    Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any amount of sewage sludge is
combusted at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of
the test-run average secondary voltage and the test-run average
secondary amperage to the electrostatic precipitator collection plates.
    Process change means a significant permit revision, but only with
respect to those pollutant-specific emission units for which the
proposed permit revision is applicable, including but not limited to:
    (1) A change in the process employed at the wastewater treatment
facility associated with the affected SSI unit (e.g., the addition of
tertiary treatment at the facility, which changes the method used for
disposing of process solids and processing of the sludge prior to
incineration).
    (2) A change in the air pollution control devices used to comply
with the emission limits for the affected SSI unit (e.g., change in the
sorbent used for activated carbon injection).
    Sewage sludge means solid, semi-solid, or liquid residue generated
during the treatment of domestic sewage in a treatment works. Sewage
sludge includes, but is not limited to, domestic septage; scum or
solids removed in primary, secondary or advanced wastewater treatment
processes; and a material derived from sewage sludge. Sewage sludge
does not include ash generated during the firing of sewage sludge in a
sewage sludge incineration unit or grit and screenings generated during
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is
fed into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit
combusting sewage sludge for the purpose of reducing the volume of the
sewage sludge by removing combustible matter. Sewage sludge
incineration unit designs include fluidized bed and multiple hearth. AN
SSI unit also includes, but is not limited to, the sewage sludge feed
system, auxiliary fuel feed system, grate system, flue gas system,
waste heat recovery equipment, if any, and bottom ash system. The SSI
unit includes all ash handling systems connected to the bottom ash
handling system. The combustion unit bottom ash system ends at the
truck loading station or similar equipment that transfers the ash to
final disposal. The SSI unit does not include air pollution control
equipment or the stack.
    Shutdown means the period of time after all sewage sludge has been
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sewage sludge from a waste
treatment plant, water supply treatment plant or air pollution control
facility and other discarded material, including solid, liquid,
semisolid or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point

sources subject to permits under section 402 of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1342), or source, special
nuclear, or byproduct material as defined by the Atomic Energy Act of
1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1
atmosphere (101.3 kilopascals).
    Startup means the period of time between the activation, including
the firing of fuels (e.g., natural gas or distillate oil), of the
system and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an
individual dioxin isomer in an environmental mixture and the
corresponding estimate of the compound-specific toxicity relative to
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency
factor for that compound. Table 5 to this subpart lists the toxic
equivalency factors.
    Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquid to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
    You means the owner or operator of an affected SSI unit.

Delegation of Authority

Sec.  62.16050  What authorities will be retained by the EPA
Administrator?

    The authorities that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (a) through (g) of this
section.
    (a) Approval of alternatives to the emission limits and standards
in Tables 2 and 3 to this subpart and operating limits established
under Sec.  62.15965 or Sec.  62.15985.
    (b) Approval of major alternatives to test methods.
    (c) Approval of major alternatives to monitoring.
    (d) Approval of major alternatives to recordkeeping and reporting.
    (e) The requirements in Sec.  62.15965.
    (f) The requirements in Sec.  62.15945(b)(2).
    (g) Performance test and data reduction waivers under Sec.
60.8(b).

Table 1 to Subpart LLL of Part 62--Increments of Progress and Compliance
         Schedules for Existing Sewage Sludge Incineration Units
------------------------------------------------------------------------
  Comply with these increments of
             progress                          By these dates
------------------------------------------------------------------------
Increment 1--Submit final control   [DATE 3 MONTHS FROM DATE OF
 plan.                               PUBLICATION OF THE FINAL RULE IN
                                     THE FEDERAL REGISTER].
Increment 2--Final compliance.....  March 21, 2016.
------------------------------------------------------------------------

    Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Fluidized Bed Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                Using these averaging
                                       You must meet this       methods  and minimum         And determining
      For the air pollutant            emission limit \a\       sampling volumes  or     compliance  using this
                                                                      durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...............  18 milligrams per dry      3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   5 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-3; Method
                                                               sample per run).          26A or Method 29 at 40
                                                                                CFR part 60, appendix A-
                                                                                8).
Hydrogen chloride................  0.51 parts per million by  3-run average (Collect a  Performance test (Method
                                    dry volume.                minimum volume of 1 dry   26A at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8).
                                                               per run).
Carbon monoxide..................  64 parts per million by    3-run average (collect    Performance test (Method
                                    dry volume.                sample for a minimum      10, 10A, or 10B at 40
                                                               duration of one hour      CFR part 60, appendix A-
                                                               per run).                 4).
Dioxins/furans (total mass         1.2 nanograms per dry      3-run average (collect a  Performance test (Method
 basis); or                         standard cubic meter       minimum volume of 1 dry   23 at 40 CFR part 60,
Dioxins/furans (toxic equivalency   (total mass basis); or     standard cubic meters     appendix A-7).
 basis).\b\.                       0.10 nanograms per dry      per run).
                                    standard cubic meter
                                    (toxic equivalency
                                    basis).
Mercury..........................  0.037 milligrams per dry   3-run average (For        Performance test (Method
                                    standard cubic meter.      Method 29 and ASTM        29 at 40 CFR part 60,
                                                               D6784-02 (Reapproved      appendix A-8; Method
                                                               2008),\c\ collect a       30B at 40 CFR part 60,
                                                               minimum volume of 1 dry   appendix A-8; or ASTM
                                                               standard cubic meters     D6784-02 (Reapproved
                                                               per run. For Method       2008).\c\
                                                               30B, collect a minimum
                                                               sample as specified in
                                                               Method 30B at 40 CFR
                                                               part 60, appendix A-8).
Oxides of nitrogen...............  150 parts per million by   3-run average (Collect    Performance test (Method
                                    dry volume.                sample for a minimum      7 or 7E at 40 CFR part
                                                               duration of one hour      60, appendix A-4).
                                                               per run).
Sulfur dioxide...................  15 parts per million by    3-run average (For        Performance test (Method
                                    dry volume.                Method 6, collect a       6 or 6C at 40 CFR part
                                                               minimum volume of 60      40, appendix A-4; or
                                                               liters per run. For       ANSI/ASME PTC-19.10-
                                                               Method 6C, collect        1981.\c\
                                                               sample for a minimum
                                                               duration of one hour
                                                               per run).

Cadmium..........................  0.0016 milligrams per dry  3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8). Use
                                                               per run).                 GFAAS or ICP/MS for the
                                                                                analytical finish.
Lead.............................  0.0074 milligrams per dry  3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8. Use GFAAS
                                                               sample per run).          or ICP/MS for the
                                                                                analytical finish.
Fugitive emissions from ash        Visible emissions of       Three 1-hour observation  Visible emission test
 handling.                          combustion ash from an     periods.                  (Method 22 of appendix
                                    ash conveying system                                 A-7 of this part).
                                    (including conveyor
                                    transfer points) for no
                                    more than 5 percent of
                                    any compliance test
                                    hourly observation
                                    period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec.   60.17.

   Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Multiple Hearth Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                Using these averaging
                                       You must meet this       methods  and minimum         And determining
      For the air pollutant            emission limit \a\       sampling volumes  or      compliance using this
                                                                      durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...............  80 milligrams per dry      3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 0.75    5 at 40 CFR part 60,
                                                               dry standard cubic        appendix A-3; Method
                                                               meters per run).          26A or Method 29 at 40
                                                                                CFR part 60, appendix A-
                                                                                8).
Hydrogen chloride................  1.2 parts per million by   3-run average (For        Performance test (Method
                                    dry volume.                Method 26, collect a      26 or 26A at 40 CFR
                                                               minimum volume of 200     part 60, appendix A-8).
                                                               liters per run. For
                                                               Method 26A, collect a
                                                               minimum volume of 1 dry
                                                               standard cubic meters
                                                               per run).
Carbon monoxide..................  3,800 parts per million    3-run average (collect    Performance test (Method
                                    by dry volume.             sample for a minimum      10, 10A, or 10B at 40
                                                               duration of one hour      CFR part 60, appendix A-
                                                               per run).                 4).
Dioxins/furans (total mass basis)  5.0 nanograms per dry      3-run average (collect a  Performance test (Method
Dioxins/furans (toxic equivalency   standard cubic meter; or.  minimum volume of 1 dry   23 at 40 CFR part 60,
 basis).\b\.                       0.32 nanograms per dry      standard cubic meters     appendix A-7).
                                    standard cubic meter.      per run).
Mercury..........................  0.28 milligrams per dry    3-run average (For        Performance test (Method
                                    standard cubic meter.      Method 29 and ASTM        29 at 40 CFR part 60,
                                                               D6784-02 (Reapproved      appendix A-8; Method
                                                               2008),\c\ collect a       30B at 40 CFR part 60,
                                                               minimum volume of 1 dry   appendix A-8; or ASTM
                                                               standard cubic meters     D6784-02 (Reapproved
                                                               per run. For Method       2008).\c\
                                                               30B, collect a minimum
                                                               sample as specified in
                                                               Method 30B at 40 CFR
                                                               part 60, appendix A-8).
Oxides of nitrogen...............  220 parts per million by   3-run average (Collect    Performance test (Method
                                    dry volume.                sample for a minimum      7 or 7E at 40 CFR part
                                                               duration of one hour      60, appendix A-4).
                                                               per run).
Sulfur dioxide...................  26 parts per million by    3-run average (For        Performance test (Method
                                    dry volume.                Method 6, collect a       6 or 6C at 40 CFR part
                                                               minimum volume of 200     40, appendix A-4; or
                                                               liters per run. For       ANSI/ASME PTC 19.10-
                                                               Method 6C, collect        1981.\c\
                                                               sample for a minimum
                                                               duration of one hour
                                                               per run).
Cadmium..........................  0.095 milligrams per dry   3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8).
                                                               per run).
Lead.............................  0.30 milligrams per dry    3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8.
                                                               per run).

Fugitive emissions from ash        Visible emissions of       Three 1-hour observation  Visible emission test
 handling.                          combustion ash from an     periods.                  (Method 22 of appendix
                                    ash conveying system                                 A-7 of this part).
                                    (including conveyor
                                    transfer points) for no
                                    more than 5 percent of
                                    any compliance test
                                    hourly observation
                                    period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec.   60.17.

     Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing Sewage Sludge Incineration Units a
----------------------------------------------------------------------------------------------------------------
                                                              And monitor using these minimum frequencies
                                  You must establish -----------------------------------------------------------
 For these operating parameters    these operating                                               Data averaging
                                        limits          Data measurement   Data recording \b\      period for
                                                                                compliance
----------------------------------------------------------------------------------------------------------------
                                      All sewage sludge incineration units
----------------------------------------------------------------------------------------------------------------
Combustion chamber operating     Minimum combustion   Continuous.........  Every 15 minutes..  12-hour block.
 temperature (not required if     chamber operating
 afterburner temperature is       temperature or
 monitored).                      afterburner
                                  temperature.
Fugitive emissions from ash      Site-specific        Not applicable.....  No applicable.....  Not applicable.
 handling.                        operating
                                  requirements.
----------------------------------------------------------------------------------------------------------------
                                                    Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet    Minimum pressure     Continuous.........  Every 15 minutes..  12-hour block.
 scrubber.                        drop.
Scrubber liquid flow rate......  Minimum flow rate..  Continuous.........  Every 15 minutes..  12-hour block.
Scrubber liquid pH.............  Minimum pH.........  Continuous.........  Every 15 minutes..  3-hour block.
----------------------------------------------------------------------------------------------------------------
                                                  Fabric Filter
----------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak       Maximum alarm time
 detection system alarm.          of the bag leak
                                  detection system
                                  alarm (this
                                  operating limit is
                                  provided in Sec.
                                  60.4850 and is not
                                  established on a
                                  site-specific
                                  basis).
----------------------------------------------------------------------------------------------------------------
                                           Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the         Minimum power input  Continuous.........  Hourly............  12-hour block.
 electrostatic precipitator       to the
 collection plates.               electrostatic
Secondary amperage of the         precipitator
 electrostatic precipitator       collection plates.
 collection plates.
Effluent water flow rate at the  Minimum effluent     Hourly.............  Hourly............  12-hour block.