assessed if a source demonstrated in a judicial or administrative
proceeding that it had met certain requirements. However, in 2014 the
Court vacated such an affirmative defense in one of the EPA's CAA
section 112(d) regulations. NRDC v. EPA, 749 F.3d 1055 (D.C. Cir.
2014).\27\ The EPA intends to revise the March 21, 2011, SSI EG and
NSPS to remove the affirmative defense provision from the EG and NSPS
in the future.
---------------------------------------------------------------------------

    \27\ See 80 FR 23407.
---------------------------------------------------------------------------

V. Summary of Final SSI Federal Plan Requirements

    The SSI federal plan requirements are described below. Table 4
lists each element and identifies where it is located or codified.

             Table 4--Elements of the Final SSI Federal Plan
------------------------------------------------------------------------
    Element of the SSI Federal plan                  Location
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3), 111(d),
 mechanism.                               301(a),and 301(d)(4) of the
                                          CAA.
Inventory of affected SSI units........  Docket ID No. EPA-HQ-OAR-2012-
                                          0319.
Inventory of emissions.................  Docket ID No. EPA-HQ-OAR-2012-
                                          0319.
Compliance schedules...................  40 CFR 62.15875 to 62.15915.
Emissions limits and operating limits..  40 CFR 62.15955 to 62.16010.
Operator training and qualification....  40 CFR 62.15920 to 62.15950.
Testing, monitoring, recordkeeping and   40 CFR 62.16015 to 62.16040.
 reporting.
Record of public hearings..............  Docket ID No. EPA-HQ-OAR-2012-
                                          0319.
Progress reports.......................  Section IV.I. at 80 FR 23407.
------------------------------------------------------------------------

A. What are the final applicability requirements?

    The EPA finalizes the federal plan applicability requirements as
proposed. The federal plan applies to existing SSI units meeting the
applicability of 40 CFR 62.15855 through 62.15870 that are located in
any state that does not currently have an approved state plan in place
by the effective date of this federal plan. Existing SSI units are
considered to be all SSI units for which construction commenced on or
before October 14, 2010. All SSI units for which construction commenced
after October 14, 2010, or for which modification commenced after
September 21, 2011, are considered ``new'' sources subject to NSPS
emissions limits (40 CFR part 60, subpart LLLL).
    The federal plan requirements apply to owners and operators of SSI
units (as defined in 40 CFR 62.16045) located at wastewater treatment
facilities designed to treat domestic sewage sludge. Two subcategories
are defined for existing units: MH incinerators and FB incinerators.
The combustion of sewage sludge that is not burned in an SSI unit
located at a wastewater treatment facility designed to treat domestic
sewage sludge may be subject to other incineration standards under the
CAA.

B. What are the final compliance schedules?

    The EPA finalizes the compliance date as proposed. The final
compliance date remains March 21, 2016. However, as discussed in
section IV.A. of this preamble, the EPA is revising this section to
require that all SSI unit owners or operators submit a final control
plan and achieve compliance by March 21, 2016. (See 40 CFR 62.15875
through 62.15915).
    The owner or operator must notify the EPA and permitting authority
or delegated authority when they have submitted their final control
plan and have come into compliance, as well as when and if these
requirements are missed. The notification must identify the requirement
and the date the requirement is achieved (or missed). If an owner or
operator misses the deadline, the owner or operator must also notify
the EPA and permitting authority or delegated authority when the
requirement is achieved. The owner or operator must submit the
notification to the applicable EPA regional office and permitting
authority or delegated authority within 10 business days after the date
that is defined in the federal plan. (See Table 3 under section II.C.
of this preamble for a list of EPA regional offices.)
    The definition of each requirement, along with its required
completion date, follows.
    Submit Final Control Plan. To meet this requirement, the owner or
operator of each SSI unit must submit a plan that includes a
description of the devices for air pollution control and process
changes that will be used to comply with the emissions limits and
standards and other requirements of this subpart, a description of the
type(s) of waste to be burned (if other than sewage sludge is burned in
the unit), the maximum

design sewage sludge burning capacity, and, if applicable, the petition
for site-specific operating limits under 40 CFR 62.15965. A copy of the
final control plan must be maintained onsite. A final control plan is
not required for units that will be shut down prior to the final
control plan submittal date.
    Completion date: March 21, 2016.
    Final Compliance. To be in final compliance means to complete all
process changes and retrofit construction of control devices as
specified in the final control plan, so that if the SSI unit is brought
online, all necessary process changes and air pollution control devices
are operating as designed.
    Completion date: March 21, 2016.
    Consistent with CAA section 129(f)(3), an SSI unit which does not
achieve final compliance by March 21, 2016, would be in violation of
the federal plan and subject to enforcement action. See Section VI of
this preamble which discusses SSI units that have shut down or will
shut down. The discussion in those sections includes an explanation of
requirements for units if they plan to permanently close, units that
have been rendered inoperable, and units that have shut down but plan
to restart before or after the compliance date.

C. What are the final emissions limits and operating limits?

    The EPA finalizes the emissions and operating limits as proposed.
These limits remain the same as the limits in the 2011 EG. Table 5 of
this preamble summarizes the EG emissions limits promulgated. Existing
sources may comply with either the PCDD/PCDF toxicity equivalence or
total mass balance emission limits. These standards apply at all times.
Facilities will be required to establish site-specific operating limits
derived from the results of performance testing. The site-specific
operating limits are established as the minimum (or maximum, as
appropriate) operating parameter value measured during the performance
test. These operating limits will result in achievable operating ranges
that will ensure that the control devices used for compliance will be
operated to achieve continuous compliance with the emissions limits.
Further discussion on performance testing can be found in section V.D.
of this preamble.

                      Table 5--Summary of EG Emissions Limits Promulgated for Existing SSI
----------------------------------------------------------------------------------------------------------------
                                                                 Emission limit for MH    Emission limit for FB
              Pollutant                         Units                 incinerators             incinerators
----------------------------------------------------------------------------------------------------------------
Cd...................................  milligrams per dry       0.095..................  0.0016.
                                        standard cubic meter
                                        @7-percent oxygen.
CO...................................  parts per million of     3,800..................  64.
                                        dry volume @7-percent
                                        oxygen.
HCl..................................  parts per million of     1.2....................  0.51.
                                        dry volume @7-percent
                                        oxygen.
Hg...................................  mg/dscm @7-percent       0.28...................  0.037.
                                        oxygen.
NOX..................................  parts per million of     220....................  150.
                                        dry volume @7-percent
                                        oxygen.
Pb...................................  milligrams per dry       0.30...................  0.0074.
                                        standard cubic meter
                                        @7-percent oxygen.
PCDD/PCDF, Toxicity Equivalence (TEQ)  nanograms per dry        0.32...................  0.10.
                                        standard cubic meter
                                        @7-percent oxygen.
PCDD/PCDF, Total Mass Basis (TMB)....  nanograms per dry        5.0....................  1.2.
                                        standard cubic meter
                                        @7-percent oxygen.
PM...................................  milligrams per dry       80.....................  18.
                                        standard cubic meter
                                        @7-percent oxygen.
SO2..................................  parts per million of     26.....................  15.
                                        dry volume @7-percent
                                        oxygen.
Fugitive emissions from ash handling.  Percent of the hourly    Visible emissions of     Visible emissions of
                                        observation period.      combustion ash from an   combustion ash from an
                                                                 ash conveying system     ash conveying system
                                                                 (including conveyor      (including conveyor
                                                                 transfer points) for     transfer points) for
                                                                 no more than 5 percent   no more than 5 percent
                                                                 of any compliance test   of any compliance test
                                                                 hourly observation       hourly observation
                                                                 period.                  period.
----------------------------------------------------------------------------------------------------------------

D. What are the final performance testing and monitoring requirements?

    The EPA finalizes the performance testing and monitoring provisions
as proposed. The following paragraphs list a number of testing and
monitoring requirements in the 2011 EG that are being finalized in the
SSI federal plan.
1. Performance Testing
    The performance testing provisions reflect those in the SSI EG. The
federal plan requires all existing SSI units to demonstrate initial and
annual compliance with the emission limits using EPA-approved emission
test methods. Additionally, there is an option for less frequent
testing if sources demonstrate that their emissions of regulated
pollutants are below thresholds of the emission limits.
    This federal plan requires initial and annual emissions performance
tests (or continuous emissions monitoring or continuous sampling as an
alternative), bag leak detection systems for fabric filter (FF)
controlled units, and continuous parameter monitoring, if they are used
to meet the emission limits. All SSI units are also required to conduct
initial and annual inspections of air pollution control devices.
Additional monitoring includes the Method 22 (see 40 CFR part 60,
appendix A-7) visible emissions test of the ash handling operations
during each compliance test to demonstrate compliance with the visible
emissions limit. For existing SSI units, use of Cd, CO, HCl,
NOX, PM, Pb or SO2 CEMS; Integrated Sorbent Trap
Mercury Monitoring System (ISTMMS); and Integrated Sorbent Trap Dioxin
Monitoring System (ISTDMS) (continuous sampling with periodic sample
analysis) are approved alternatives to parametric monitoring and annual
compliance testing.
    The federal plan allows sources to use results of their previous
emissions tests to meet the initial compliance performance test
requirement if those tests were conducted within the 2 previous years
and were conducted

under the same conditions. The operating limits established during the
most recent performance test that demonstrated initial compliance with
the emissions limits must be met.
    The federal plan incorporates by reference three alternatives to
the EPA reference test methods as shown in Table 6 below.

               Table 6--List of Incorporation by Reference
------------------------------------------------------------------------
                                                          IBR in 40 CFR
          Test method                  Publisher        part 62, subpart
                                                               LLL
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue  Available for purchase  Sec.
 and Exhaust Gas Analyses        from the American       62.16015(b)(4)(
 [Part 10, Instruments and       Society of Mechanical   vii) and
 Apparatus].                     Engineers (ASME),       (viii),
                                 Three Park Avenue,      (b)(5)(i), and
                                 New York, NY 10016-     Tables 2 and 3
                                 5990, https://          to subpart LLL.
                                 www.asme.org/.
ASTM D6784-02 (Reapproved       Available for purchase  Sec.
 2008) Standard Test Method      from at least one of    62.16015(b)(4)(
 for Elemental, Oxidized,        the following           v) and Tables 2
 Particle-Bound and Total        addresses: American     and 3 to
 Mercury in Flue Gas Generated   Society for Testing     subpart LLL.
 from Coal-Fired Stationary      and Materials (ASTM),
 Sources (Ontario Hydro          100 Barr Harbor
 Method), approved April 1,      Drive, Post Office
 2008.                           Box C700, West
                                 Conshohocken, PA
                                 19428-2959; or
                                 ProQuest, 300 North
                                 Zeeb Road, Ann Arbor,
                                 MI 48106, http://www.astm.org/.
OAQPS Fabric Filter Bag Leak    Available from the      Sec.
 Detection Guidance, EPA-454/R-  U.S. Environmental      62.15995(b)(3).
 98-015, September 1997.         Protection Agency,
                                 1200 Pennsylvania
                                 Avenue NW.,
                                 Washington, DC 20460,
<PHONE_NUMBER>, http://www.epa.gov.
------------------------------------------------------------------------

    These tests are discussed further in section IX.I. of this
preamble, titled ``National Technology Transfer and Advancement Act
(NTTAA).''
2. Monitoring
    Monitoring of operating limits can be used to indicate whether air
pollution control equipment and practices are functioning properly to
minimize air pollution. The 2011 EG and the federal plan include the
following parameter monitoring requirements for good combustion, wet
scrubbers, afterburners, electrostatic precipitators (ESP), activated
carbon injection (ACI) or FF:
     All units must establish a minimum operating temperature
or afterburner temperature, site-specific operating requirements for
fugitive ash, and monitor feed rate and moisture content of the sludge.
     If using a scrubber to comply with the emissions limits
for PM, Pb and Cd, continuously monitor minimum pressure drop.
     If using a scrubber to comply with any of the emissions
limits, continuously monitor minimum scrubber liquid flow rate.
     If using a scrubber to comply with the emissions limits
for SO2 or HCl, continuously monitor minimum scrubber liquid
pH.
     If using an afterburner to comply with the emissions
limits, continuously monitor the minimum temperature of the afterburner
combustion chamber.
     If using an ESP to comply with PM, Pb and Cd emissions
limits, continuously monitor minimum power input to the ESP collection
plates. Power input must be calculated as the product of the secondary
voltage and secondary amperage to the ESP collection plates. Both the
secondary voltage and secondary amperage must be recorded during the
performance test.
     If using an ESP to comply with PM, Pb and Cd emissions
limits, monitor hourly minimum effluent water flow rate at the outlet
of the ESP.
     If using ACI to comply with the emissions limits, monitor
hourly minimum Hg sorbent inject rate, minimum PCDD/PCDF sorbent
injection rate, and continuously monitor minimum carrier gas flow rate
or minimum carrier gas pressure drop for the applicable emission limit.
     If using a FF, install a bag leak detection system and
operate the bag leak detection system such that the alarm does not
sound more than 5-percent of the operating time during a 6-month
period.
     If using something other than a wet scrubber, ESP, ACI, FF
or afterburner, petition the Administrator for other site-specific
operating parameters, operating limits, and averaging periods to be
established during the initial performance test and continuously
thereafter.
    Owners or operators are not required to establish operating limits
for the operating parameters for a control device if a CMS is used to
demonstrate compliance with the emissions limits.
3. Electronic Data Submittal
    The EPA is finalizing as proposed that owners and operators of SSI
units are required to submit electronic copies of certain required
performance test reports through the EPA's Central Data Exchange (CDX)
using the Compliance and Emissions Data Reporting Interface (CEDRI).
This mirrors the 2011 EG for SSI units. As stated in the proposed
preamble, electronic submittal of the reports addressed in this
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability, will
further assist in the protection of public health and the environment
and will ultimately result in less burden on the regulated community.
Electronic reporting can also eliminate paper-based, manual processes,
thereby saving time and resources, simplifying data entry, eliminating
redundancies, minimizing data reporting errors and providing data
quickly and accurately to the affected facilities, air agencies, the
EPA and the public.
    As mentioned in the preamble of the proposal, the EPA Web site that
stores the submitted electronic data, WebFIRE, will be easily
accessible and will provide a user-friendly interface that any
stakeholder could access. By making the records, data and reports
addressed in this rulemaking readily available, the EPA, the regulated
community and the public will benefit when the EPA conducts its CAA-
required technology and risk-based reviews. As a result of having
reports readily accessible, our ability to carry out comprehensive
reviews will be increased and achieved within a shorter period of time.
    We anticipate fewer or less substantial information collection
requests (ICRs) in conjunction with prospective CAA-required technology
and risk-based reviews may be needed. We expect this to result in a
decrease in time spent by industry to respond to data collection
requests. We also expect the ICRs to contain less extensive stack
testing provisions, as we will already have stack test data
electronically. Reduced testing requirements would be a cost savings to
industry. The EPA should also be able to conduct these required reviews
more quickly. While the regulated community may benefit from a reduced
burden of ICRs, the general public benefits from the agency's ability
to provide these required reviews more

quickly, resulting in increased public health and environmental
protection.
    Air agencies could benefit from more streamlined and automated
review of the electronically submitted data. Having reports and
associated data in electronic format will facilitate review through the
use of software ``search'' options, as well as the downloading and
analyzing of data in spreadsheet format. The ability to access and
review air emission report information electronically will assist air
agencies to more quickly and accurately determine compliance with the
applicable regualtions, potentially allowing a faster response to
violations which could minimize harmful air emissions. This benefits
both air agencies and the general public.
    For a more thorough discussion of electronic reporting required by
this rule, see the discussion in the preamble of the proposal. In
summary, in addition to supporting regulation development, control
strategy development, and other air pollution control activities,
having an electronic database populated with performance test data will
save industry, air agencies, and the EPA significant time, money, and
effort while improving the quality of emission inventories, air quality
regulations, and enhancing the public's access to this important
information.

E. What are the final recordkeeping and reporting requirements?

    The EPA finalizes the recordkeeping and reporting requirements as
proposed. These requirements reflect those finalized in the 2011 EG.
The federal plan requires that records of all initial and all
subsequent stack or performance specification (PS) tests, deviation
reports, operating parameter data, continuous monitoring data,
maintenance and inspections of air pollution control devices,
monitoring plan, and operator training and qualification must be
maintained for 5 years. The results of the stack tests and PS test and
values for operating parameters are required to be included in initial
and subsequent compliance reports. Any incident of deviation, resumed
operation following shutdown, force majeure, intent to stop or start
use of CMS, and intent of conducting or rescheduling a performance test
are required to be reported to the Administrator. Furthermore, final
compliance reports are required following the completion of each
requirement and identifying any missed requirement. See section V.B of
this preamble for a more detailed discussion of the compliance
schedules.

F. What other requirements is the EPA finalizing?

    The EPA finalizes other requirements as proposed. First, owners and
operators of existing SSI units are required to meet operator training
and qualification requirements, which include: Ensuring that at least
one operator or supervisor per facility complete the operator training
course, that qualified operator(s) or supervisor(s) complete an annual
review or refresher course specified in the regulation and that they
maintain plant-specific information, updated annually, regarding
training.
    Second, owners or operators of existing SSI units are required to
submit a monitoring plan for any CMS or bag leak detection system used
to comply with the rule. Third, they must also submit a monitoring plan
for their ash handling system that specifies the operating procedures
they will follow to ensure that they meet the fugitive ash emissions
limit.

VI. SSI Units That Have or Will Shut Down

A. Units That Plan To Close

    The federal plan establishes that if owners or operators plan to
permanently close currently operating SSI units, they must do so and
submit a closure notification to the Administrator by the date the
final control plan is due. The requirements for closing an SSI unit
will be set forth at 40 CFR 62.15915, subpart LLL. The requirements to
close an SSI unit also apply to ``mothballed unit'' or inactive unit
situations which a unit does not operate and is not rendered
inoperable. Until such time as a unit is permanently closed, it must
comply with any applicable requirements of the federal plan. In
addition, while still in operation, the SSI unit is subject to the same
requirements for title V operating permits that apply to units that
will not shut down.

B. Inoperable Units

    The federal plan provides that in cases where an SSI unit has
already shut down permanently and has been rendered inoperable (e.g.,
waste charge door is welded shut, stack is removed, combustion air
blowers removed, burners or fuel supply appurtenances are removed), the
SSI unit may be left off the source inventory in a state plan or this
proposed federal plan. An SSI unit that has been rendered inoperable
would not be covered by the federal plan.

C. SSI Units That Have Shut Down

    The unit inventory for this federal plan includes any SSI unit that
are known to have already shut down (but are not known to be
inoperable).
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive SSI unit plans to restart
before the final compliance date, the owner or operator must submit the
final control plan and achieve final compliance by the final date
specified in the federal plan. Final compliance is required for all
pollutants and all SSI units no later than the final compliance date,
March 21, 2016.
2. Restarting After the Final Compliance Date
    As proposed, if the owner or operator of an SSI unit closes the SSI
unit, but restarts the unit after the final compliance date of March
21, 2016, the owner or operator must complete emission control
retrofits and meet the emissions and operating limits on the date the
SSI unit restarts operation. Within 6 months of the unit startup,
operator(s) of these SSI units would have to complete the operator
training and qualification requirements. Within 60 days of installing
an air pollution control device, operator(s) must conduct a unit
inspection. Performance testing to demonstrate initial compliance would
also be required as described at 40 CFR 62.15980. An SSI unit that
operates out of compliance after the final compliance date would be in
violation of the federal plan and subject to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, the EPA is required to
adopt EG that are applicable to existing solid waste incineration
units. These EG are fully implemented when the EPA approves a state
plan or adopts a federal plan that implements and enforces the EG. As
discussed above, the federal plan regulates SSI units in states that do
not have approved plans in effect to implement the EG.
    Congress has determined that the primary responsibility for air
pollution prevention and control rests with state and local agencies.
(See section 101(a)(3) of the CAA.) Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved.

Also, in section 111(d) of the CAA, Congress explicitly required that
the EPA establish procedures that are similar to those under CAA
section 110(c) for state implementation plans. Although Congress
required the EPA to propose and promulgate a federal plan for states
that fail to submit approvable state plans on time, states may submit
plans after promulgation of the SSI federal plan. The EPA strongly
encourages states that are unable to submit approvable plans to request
delegation of the federal plan so that they can have primary
responsibility for implementing the revised EG, consistent with the
intent of Congress.
    Approved and effective state plans or delegation of the federal
plan to state, tribal, and local agencies is the EPA's preferred
outcome because state, tribal, and local agencies not only have the
responsibility to carry out the revised EG, but also have the practical
knowledge and enforcement resources critical to achieving the highest
rate of compliance. It is generally preferable for the state and local
agencies to be the implementing agency. For these reasons, the EPA will
do all that it can to expedite delegation of the federal plan to state,
tribal, and local agencies, whenever possible, in cases where states
are unable to develop and submit approvable state plans.

B. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority
to state, tribal, and local agencies: (1) The EPA approval of a state
plan after the federal plan is in effect; and (2) if a state does not
submit or obtain approval of its own plan, the EPA delegation to a
state, tribe, or local of the authority to implement certain portions
of this federal plan to the extent appropriate and if allowed by state
law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
    After SSI units in a state become subject to the federal plan, the
state or tribal agency may still adopt and submit a state or tribal
plan to the EPA. If the EPA determines that the state or tribal plan is
as protective as the EG, the EPA will approve the state or tribal plan.
If the EPA determines that the plan is not as protective as the EG, the
EPA will partially approve or disapprove the plan (or portion of the
plan) and the SSI units covered in the plan would remain subject to the
federal plan until a plan covering those SSI units is approved and
effective. Prior to disapproval, the EPA will work with states and
tribes to attempt to reconcile areas of the plan that remain not as
protective as the EG.
    Upon the effective date of a state or tribal plan, the federal plan
would no longer apply to SSI units covered by such a plan and the
state, tribe, territory, or local agency would implement and enforce
the state plan in lieu of the federal plan. When an EPA regional office
approves a state or tribal plan, it will amend the appropriate subpart
of 40 CFR part 62 to indicate such approval.
2. State, Tribe, Territory, or Local Takes Delegation of the Federal
Plan
    The EPA, in its discretion, may delegate to state, tribe,
territorial, or local agencies the authority to implement this federal
plan. As discussed above, the EPA has concluded that it is advantageous
and the best use of resources for states, tribes, territories, or local
agencies to agree to undertake, on the EPA's behalf, administrative and
substantive roles in implementing the federal plan to the extent
appropriate and where authorized by state, tribal, territorial or local
law. If a state, tribe, territory, or local requests delegation, the
EPA will generally delegate the entire federal plan to the state,
tribe, territory, or local agency. These functions include
administration and oversight of compliance reporting and recordkeeping
requirements, SSI unit inspections and preparation of draft notices of
violation, but will not include any authorities retained by the EPA.
Agencies that have taken delegation, as well as the EPA, will have
responsibility for bringing enforcement actions against sources
violating federal plan provisions.

C. Implementing Authority

    The EPA Regional Administrators have been delegated the authority
for implementing the SSI federal plan. All reports required by the
federal plan should be submitted to the appropriate Regional
Administrator. Section II.C of this preamble includes Table 3 that
lists names and addresses of the EPA regional office contacts and the
states they cover.

D. Delegation of the Federal Plan and Retained Authorities

    If a state, tribe, territory, or local agency intends to take
delegation of the federal plan, the state, tribe, territory, or local
agency should submit to the appropriate EPA regional office a written
request for delegation of authority. The state, tribe, territory, or
local agency should explain how it meets the criteria for delegation.
See generally ``Good Practices Manual for Delegation of NSPS and
NESHAP'' (EPA, February 1983). The letter requesting delegation of
authority to implement the federal plan should: (1) demonstrate that
the state, tribe, territory, or local agency has adequate resources, as
well as the legal and enforcement authority to administer and enforce
the program, (2) include an inventory of affected SSI units, which
includes those that have ceased operation, but have not been dismantled
or rendered inoperable, include an inventory of the affected units' air
emissions and a provision for state progress reports to the EPA, (3)
certify that a public hearing is held on the state, tribe, territory,
or local agency delegation request, and (4) include a memorandum of
agreement between the state, tribe, territory, or local agency and the
EPA that sets forth the terms and conditions of the delegation, the
effective date of the agreement and the mechanism to transfer
authority. Upon signature of the agreement, the appropriate EPA
regional office would publish an approval notice in the Federal
Register, thereby incorporating the delegation of authority into the
appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state, tribe, territory, or
local agency the EPA will implement the federal plan. Also, if a state,
tribe, territory, or local agency fails to properly implement a
delegated portion of the federal plan, the EPA will assume direct
implementation and enforcement of that portion. The EPA will continue
to hold enforcement authority along with the state, tribe, territory,
or local agency even when the agency has received delegation of the
federal plan. In all cases where the federal plan is delegated, the EPA
will retain and will not transfer authority to a state, tribe, or local
to approve the following items promulgated in the 2011 EG and NSPS:
    1. Alternatives to the emissions limits in Table 5 of this document
    2. Approval of major alternatives to monitoring;
    3. Approval of major alternatives to recordkeeping and reporting;
    4. Alternative site-specific operating parameters established by
facilities using controls other than a scrubber, ESP, afterburner, ACI
or FF;
    5. Approval of operation of an SSI unit and receipt of status
reports when a qualified operator is not accessible for 2 weeks or
more; and
    6. Performance test and data reduction waivers under 40 CFR
60.8(b).
    SSI unit owners or operators who wish to petition the agency for
any alternative requirement should submit a

request to the Regional Administrator with a copy sent to the
appropriate state.

VIII. Title V Operating Permits

    All existing SSI units regulated under state, tribal, or federal
plans implementing the 2011 EG must apply for and obtain a title V
permit. These title V operating permits assure compliance with all
applicable requirements for regulated SSI units, including all
applicable CAA section 129 requirements.\28\
---------------------------------------------------------------------------

    \28\ 40 CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1).
---------------------------------------------------------------------------

    The permit application deadline for a CAA section 129 source
applying for a title V operating permit depends on when the source
first becomes subject to the relevant title V permits program. For
example, if the SSI unit is an existing unit and is not subject to an
earlier permit application deadline, the source must submit a complete
title V permit application by the earliest of the following dates:
     Twelve months after the effective date of any applicable
EPA-approved CAA sections 111(d)/129 plan (i.e., approved state or
tribal plan that implements the SSI EG); or
     Twelve months after the effective date of any applicable
federal plan; or
     Thirty-six months after promulgation of 40 CFR part 60,
subpart MMMM (i.e., March 21, 2014).
    For any existing SSI unit not subject to an earlier permit
application deadline, the application deadline of March 21, 2014,
applies regardless of whether or when any applicable federal plan is
effective, or whether or when any applicable CAA sections 111(d)/129
plan is approved by the EPA and becomes effective. (See CAA sections
129(e), 503(c), 503(d), 502(a), and 40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i).)
    If the SSI unit is subject to title V as a result of some
triggering requirement(s) other than those mentioned above (for
example, an SSI unit may be a major source or part of a major source),
then the owner/operator of the source may be required to apply for a
title V permit prior to the deadlines specified above. 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.\29\
---------------------------------------------------------------------------

    \29\ CAA Section 503(c) and 40 CFR 70.3(a) and (b),
70.5(a)(1)(i), 71.3(a) and (b) and 71.5(a)(1)(i).
---------------------------------------------------------------------------

    For more background information on the interface between CAA
section 129 and title V, including the EPA's interpretation of CAA
section 129(e), as well as information on submitting title V permit
applications, updating existing title V permit applications and
reopening existing title V permits, see the final federal plan for
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68
FR 57518, 57532). See also the final federal plan for Hospital Medical
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).

A. Title V and Delegation of a Federal Plan

    As noted previously, issuance of a title V permit is not equivalent
to the approval of a state or tribal plan or delegation of a federal
plan.\30\ Legally, delegation of a standard or requirement results in a
delegated state, local, or tribe standing in for the EPA as a matter of
federal law. This means that obligations a source may have to the EPA
under a federally promulgated standard become obligations to a state,
tribe, or local (except for functions that the EPA retains for itself)
upon delegation.\31\ Although a state, local, or tribe may have the
authority under state, local, or tribal law to incorporate CAA section
111/129 requirements into its title V permits, and implement and
enforce these requirements in these permits without first taking
delegation of the CAA section 111/129 federal plan, the state, local,
or tribe is not standing in for the EPA as a matter of federal law in
this situation. Where a state, local, or tribe does not take delegation
of a section 111/129 federal plan, obligations that a source has to the
EPA under the federal plan continue after a title V permit is issued to
the source. As a result, the EPA continues to maintain that an approved
40 CFR part 70 operating permits program cannot be used as a mechanism
to transfer the authority to implement and enforce the federal plan
from the EPA to a state, local, or tribe.
---------------------------------------------------------------------------

    \30\ See, e.g., the ``Title V and Delegation of a Federal Plan''
section of the proposed federal plan for Commercial Industrial Solid
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652).
The preamble language from this section in the proposed federal plan
for CISWI was reaffirmed in the final federal plan for CISWI,
October 3, 2003 (68 FR 57518, 57535).
    \31\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a state, local, or tribe may have the authority
under state, local, or tribal law to incorporate CAA section 111/129
requirements into its title V permits, and implement and enforce these
requirements in that context without first taking delegation of the CAA
section 111/129 federal plan.\32\ Some states, locals, or tribes,
however, may not be able to implement and enforce a CAA section 111/129
standard in a title V permit under state, local, or tribal law until
the CAA section 111/129 standard has been delegated. In these
situations, a state, local, or tribe should not issue a 40 CFR part 70
permit to a source subject to a federal plan before taking delegation
of the section 111/129 federal plan.
---------------------------------------------------------------------------

    \32\ The EPA interprets the phrase ``assure compliance'' in CAA
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation or
requirement which must be included in the title V permits the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------

    However, if a state or tribe can provide an AG's opinion
delineating its authority to incorporate CAA section 111/129
requirements into its title V permits, and then implement and enforce
these requirements through its title V permits without first taking
delegation of the requirements, then a state, local, or tribe does not
need to take delegation of the CAA section 111/129 requirements for
purposes of title V permitting.\33\ In practical terms, without
approval of a state or tribal plan, delegation of a federal plan, or an
adequate AG's opinion, states, locals, and tribes with approved 40 CFR
part 70 permitting programs open themselves up to potential questions
regarding their authority to issue permits containing CAA section 111/
129 requirements and to assure compliance with these requirements. Such
questions could lead to the issuance of a notice of deficiency for a
state's or tribe's 40 CFR part 70 program. As a result, prior to a
state, local, or tribal permitting authority drafting a part 70 permit
for a source subject to a CAA section 111/129 federal plan, the state,
local, or tribe, the EPA regional office and source in question are
advised to ensure that delegation of the relevant federal plan has
taken place or that the permitting authority has provided to the EPA
regional office an adequate AG's opinion.
---------------------------------------------------------------------------

    \33\ It is important to note that an AG's opinion submitted at
the time of initial title V program approval is sufficient if it
demonstrates that a state or tribe has adequate authority to
incorporate CAA section 111/129 requirements into its title V
permits and to implement and enforce these requirements through its
title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a federal plan, a CAA section 111/
129 source subject to the federal plan in that state must
simultaneously submit to both the EPA and the state, local, or tribe
all reports required by the standard to be submitted

to the EPA. Given that these reports are necessary to implement and
enforce the CAA section 111/129 requirements when they have been
included in title V permits, the permitting authority needs to receive
these reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a federal plan, the EPA
regional offices will be responsible for implementing and enforcing CAA
section 111/129 requirements outside of any title V permits. Moreover,
in this situation, the EPA regional offices will continue to be
responsible for developing progress reports and conducting any other
administrative functions required under this federal plan or any other
CAA section 111/129 federal plan. See, e.g., section V.B of this
preamble titled ``What are the final compliance schedules?''.
    It is important to note that the EPA is not using its authority
under 40 CFR 70.4(i)(3) to request that all states, locals, and tribes
which do not take delegation of this federal plan submit supplemental
AG's opinions at this time. However, the EPA regional offices shall
request, and permitting authorities shall provide, such opinions when
the EPA questions a state's or tribe's authority to incorporate CAA
section 111/129 requirements into a title V permit and implement and
enforce these requirements in that context without delegation.

IX. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action rather finalizes the SSI federal plan to implement
the EG adopted on March 21, 2011,\34\ for those states that do not have
a state plan implementing the EG.
---------------------------------------------------------------------------

    \34\ See 76 FR 15372, March 21, 2011.
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. EG for
owners of existing SSI units were established by the March 21, 2011,
final rule (76 FR 15372), and that rule was certified as not having a
significant economic impact on a substantial number of small entities.
This action establishes a federal plan to implement and enforce those
requirements in those states that do not have their own EPA-approved
state plan for implementing and enforcing the requirements.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty or any state, local, or tribal government or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in
Executive Order 13175. The EPA is not aware of any SSI units owned or
operated by Indian tribal governments. Thus, Executive Order 13175 does
not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

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

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Orders 12866.
    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards. Please reference Table 6
of this preamble for the locations where these standards are available.
The EPA has decided to use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust
Gas Analyses,'' for its manual methods of measuring the oxygen or
carbon dioxide content of the exhaust gas. These parts of ASME PTC
19.10-1981 are acceptable alternatives to EPA Methods 6, 7 for the
manual procedures only. The EPA determined that this standard is
reasonably available because it is available for purchase. Another
voluntary consensus standards (VCS), ASTM D6784-02 (Reapproved 2008),
``Standard Test Method for Elemental, Oxidized, Particle-Bound and
Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario
Hydro Method)'' for its manual method of measuring mercury is an
acceptable alternative to Method 29 and 30B. The EPA determined that
this standard is reasonably available because it is available for
purchase. The EPA further determined to use OAQPS Fabric Filter Bag
Leak Detection Guidance, EPA-454/R-98-015, September 1997, for its
guidance on the use of tiboelectic monitors as bag leak detectors for a
fabric filter air pollution control device and monitoring system
decriptions, selection, installation, set up, adjustment, operation,
and quality assurance procedures. The EPA determined that this standard
is reasonably available because it is freely available from the EPA.
Lastly, the EPA decided to use EPA Methods 5, 6, 6C, 7, 7E, 9, 10, l0A,
l0B, 22, 23, 26A, 29 and 30B. No VCS were found for EPA Method 9 and
22.
    While the EPA has identified 23 VCS as being potentially applicable
to the rule, we have decided not to use these VCS in this rulemaking.
The use of

these VCS would be impractical because they do not meet the objectives
of the standards cited in this rule. See the docket for the 2011 EG
(Docket ID No. EPA-HQ-OAR-2009-0539), which is being implemented under
this action, for the reason for these determinations.
    Under 40 CFR 62.16050, the EPA Administrator retains the authority
of approving alternate methods of demonstrating compliance as
established under 40 CFR 60.8(b) and 40 CFR 60.13(i), subpart A (NSPS
General Provisions). A source may apply to the EPA for permission to
use alternative test methods or alternative monitoring requirements in
place of any required EPA test methods, performance specifications, or
procedures.

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

    The EPA has concluded that the human health or environmental risk
addressed by this action will not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income, or indigenous populations. This finding is based on an
analysis of demographic data conducted for the 2011 EG. This federal
plan implements the 2011 EG. The previous analysis of demographic data
showed that the average of populations in close proximity to the
sources, and, thus, most likely to be effected by the sources, were
similar in demographic composition to national averages. The results of
the demographic analysis are presented in Review of Environmental
Justice Impacts, June 2010, a copy of which is available in the SSI
docket (EPA Docket Identification Number EPA-HQ-OAR-2009-0559). This
final federal plan implements national standards in the 2011 EG that
would result in reduction in emissions of many of the listed Hazardous
Air Pollutants emitted from this source. This includes emissions of Cd,
HCl, Pb, and Hg. Other emissions reductions include reductions of
criteria pollutants such as CO, NOX, PM and PM2.5
microns or less, and SO2. SO2 and NOX
are precursors for the formation of PM2.5 and NOX
is a precursor for ozone. Reducing these emissions will decrease the
amount of such pollutants to which all affected populations are
exposed.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: February 22, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part
62 of the Code of Federal Regulations (CFR) is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart KKK--[Added and Reserved]

0
2. Add and reserve subpart KKK.

0
3. Add subpart LLL to read as follows:
Subpart LLL--Federal Plan Requirements for Sewage Sludge Incineration
Units Constructed on or Before October 14, 2010

Applicability

Sec.
62.15855 Am I subject to this subpart?
62.15860 What SSI units are exempt from the federal plan?
62.15865 How do I determine if my SSI unit is covered by an approved
and effective state or tribal plan?
62.15870 If my SSI unit is not listed on the federal plan inventory,
am I exempt from this subpart?

Compliance Schedules

62.15875 What is my final compliance date?
62.15880 [Reserved]
62.15885 What must I include in the notifications of achievement of
compliance?
62.15890 When must I submit the notifications of achievement of
compliance?
62.15895 What if I do not meet the compliance date?
62.15900 How do I comply with the requirement for submittal of a
control plan?
62.15905 How do I achieve final compliance?
62.15910 What must I do if I close my SSI unit and then restart it?
62.15915 What must I do if I plan to permanently close my SSI unit
and not restart it?

Operator Training and Qualification

62.15920 What are the operator training and qualification
requirements?
62.15925 When must the operator training course be completed?
62.15930 How do I obtain my operator qualification?
62.15935 How do I maintain my operator qualification?
62.15940 How do I renew my lapsed operator qualification?
62.15945 What if all the qualified operators are temporarily not
accessible?
62.15950 What site-specific documentation is required and how often
must it be reviewed by qualified operators and plant personnel?

Emission Limits, Emission Standards and Operating Limits and
Requirements

62.15955 What emission limits and standards must I meet and by when?
62.15960 What operating limits and requirements must I meet and by
when?
62.15965 How do I establish operating limits if I do not use a wet
scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some
other manner, to comply with the emission limits?
62.15970 Do the emission limits, emission standards, and operating
limits apply during periods of startup, shutdown, and malfunction?
62.15975 [Reserved]

Initial Compliance Requirements

62.15980 How and when do I demonstrate initial compliance with the
emission limits and standards?
62.15985 How do I establish my operating limits?
62.15990 By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?
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?

Continuous Compliance Requirements

62.16000 How and when do I demonstrate continuous compliance with
the emission limits and standards?
62.16005 How do I demonstrate continuous compliance with my
operating limits?
62.16010 By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

Performance Testing, Monitoring, and Calibration Requirements

62.16015 What are the performance testing, monitoring, and
calibration requirements for compliance with the emission limits and
standards?
62.16020 What are the monitoring and calibration requirements for
compliance with my operating limits?

Recordkeeping and Reporting

62.16025 What records must I keep?
62.16030 What reports must I submit?

Title V--Operating Permits

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

62.16040 When must I submit a title V permit application for my
existing SSI unit?

Definitions

62.16045 What definitions must I know?

Delegation of Authority

62.16050 What authorities will be retained by the EPA Administrator?

Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing
Sewage Sludge Incineration Units

Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for
Existing Fluidized Bed Sewage Sludge Incineration Units

Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for
Existing Multiple Hearth Sewage Sludge Incineration Units

Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing
Sewage Sludge Incineration Units

Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors

Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements
for Existing Sewage Sludge Incineration Units

Subpart LLL--Federal Plan Requirements for Sewage Sludge
Incineration Units Constructed on or Before October 14, 2010

Applicability

Sec.  62.15855  Am I subject to this subpart?

    (a) You are subject to this subpart if your SSI unit meets all
three criteria described in paragraphs (a)(1) through (3) of this
section.
    (1) You own or operate an SSI unit(s) that commenced construction
on or before October 14, 2010.
    (2) You own or operate an SSI unit(s) that meet the definition of
an SSI unit as defined in Sec.  62.16045.
    (3) You own or operate an SSI unit(s) not exempt under Sec.
62.15860.
    (b) If you own or operator an SSI unit(s) and make changes that
meet the definition of modification after September 21, 2011, the SSI
unit becomes subject to 40 CFR part 60, subpart LLLL, and the federal
plan no longer applies to that unit.
    (c) If you own or operate an SSI unit(s) and make physical or
operational changes to the SSI unit(s) for which construction commenced
on or before September 21, 2011 primarily to comply with the federal
plan, 40 CFR part 60, subpart LLLL, does not apply to the unit(s). Such
changes do not qualify as modifications under 40 CFR part 60, subpart
LLLL.

Sec.  62.15860  What SSI units are exempt from the federal plan?

    This subpart exempts combustion units that incinerate sewage sludge
and are not located at a wastewater treatment facility designed to
treat domestic sewage sludge. These units may be subject to another
subpart of this part (e.g., subpart III of this part). If you own or
operate such a combustion unit, you must notify the Administrator of an
exemption claim under this section.

Sec.  62.15865  How do I determine if my SSI unit is covered by an
approved and effective state or tribal plan?

    This part contains a list of all states and tribal areas with
approved Clean Air Act (CAA) section 111(d)/129 plans in effect.
However, this part is only updated once a year. Thus, if this part does
not indicate that your state or tribal area has an approved and
effective plan, you should contact your state environmental agency's
air director or your EPA regional office to determine if approval
occurred since publication of the most recent version of this part. A
state may also meet its CAA section 111(d)/129 obligations by
submitting an acceptable written request for delegation of the federal
plan that meets the requirements of this section. This is the only
other option for a state to meet its 111(d)/129 obligations.
    (a) An acceptable federal plan delegation request must include the
following:
    (1) A demonstration of adequate resources and legal authority to
administer and enforce the federal plan.
    (2) The items under Sec.  60.5015(a)(1), (2), and (7) of this
chapter.
    (3) Certification that the hearing on the state delegation request,
similar to the hearing for a state plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator who sets forth the terms, conditions and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in the EPA's ``Delegations Manual, Item 7-139, Implementation and
Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) federal plans.''
    (b) A state with an already approved SSI CAA section 111(d)/129
state plan is not precluded from receiving EPA approval of a delegation
request for the federal plan, providing the requirements of paragraph
(a) of this section are met, and at the time of the delegation request,
the state also requests withdrawal of the EPA's previous state plan
approval.
    (c) A state's CAA section 111(d)/129 obligations are separate from
its obligations under title V of the CAA.

Sec.  62.15870  If my SSI unit is not listed on the federal plan
inventory, am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart include, but are
not limited to, the inventory of sources listed in Docket ID Number
EPA-HQ-OAR-2012-0319 for the federal plan. Review the applicability of
Sec.  62.15855 to determine if you are subject to this subpart.

Compliance Schedules

Sec.  62.15875  What is my final compliance date?

    Except as provided in paragraph (b) of this section, you must
submit a final control plan and achieve final compliance specified by
the date in paragraph (a) of this section:
    (a) March 21, 2016, as specified in Table 1 of this subpart.
    (b) March 21, 2017, for East Bank Wastewater Treatment Plant, 6501
Florida Avenue, New Orleans, Louisiana 70117, and for the Bayshore
Regional Wastewater Treatment Plant, 100 Oak Street, Union Beach, New
Jersey 07735.

Sec.  62.15880  [Reserved]

Sec.  62.15885  What must I include in the notifications of achievement
of compliance?

    Your notification of achievement of compliance must include the
three items specified in paragraphs (a) through (c) of this section:
    (a) Notification that the final control plan has been submitted and
final compliance has been achieved;
    (b) Any items required to be submitted with the final control plan
and final compliance; and
    (c) Signature of the owner or operator of the SSI unit.

Sec.  62.15890  When must I submit the notifications of achievement of
compliance?

    Notifications for achieving compliance must be postmarked no later
than 10 business days after the compliance date.

Sec.  62.15895  What if I do not meet the compliance date?

    If you fail to submit a final control plan and achieve final
compliance, you must submit a notification to the Administrator
postmarked within 10 business days after the compliance date in Table 1
to this subpart. You must inform the Administrator that you did not
achieve compliance, and you must

continue to submit reports each subsequent calendar month until a final
control plan is submitted and final compliance is met. An SSI unit that
operates out of compliance after the final compliance date would be in
violation of the federal plan and subject to enforcement action.

Sec.  62.15900  How do I comply with the requirement for submittal of a
control plan?

    For your control plan, you must satisfy the two requirements
specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan to your EPA regional office and
permitting authority or delegated authority that includes the four
items described in paragraphs (a)(1) through (4) of this section:
    (1) A description of the devices for air pollution control and
process changes that you will use to comply with the emission limits
and standards and other requirements of this subpart;
    (2) The type(s) of waste to be burned, if waste other than sewage
sludge is burned in the unit;
    (3) The maximum design sewage sludge burning capacity; and
    (4) If applicable, the petition for site-specific operating limits
under Sec.  62.15965.
    (b) Maintain an onsite copy of the final control plan.

Sec.  62.15905  How do I achieve final compliance?

    For achieving final compliance, you must complete all process
changes and retrofit construction of control devices, as specified in
the final control plan, so that, if the affected SSI unit is brought
online, all necessary process changes and air pollution control devices
would operate as designed.

Sec.  62.15910  What must I do if I close my SSI unit and then restart
it?

    (a) If you close your SSI unit but will restart it prior to the
final compliance, you must submit a final control plan and achieve
final compliance as specified in Sec.  62.15875.
    (b) If you close your SSI unit but will restart it after the final
compliance date, you must complete emission control retrofits and meet
the emission limits, emission standards, and operating limits on the
date your unit restarts operation.

Sec.  62.15915  What must I do if I plan to permanently close my SSI
unit and not restart it?

    If you plan to close your SSI unit rather than comply with the
federal plan, submit a closure notification, including the date of
closure, to the Administrator by the date your final control plan is
due.

Operator Training and Qualification

Sec.  62.15920  What are the operator training and qualification
requirements?

    (a) An SSI unit cannot be operated unless a fully trained and
qualified SSI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified SSI
unit operator may operate the SSI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified SSI unit operators are temporarily not accessible, you
must follow the procedures in Sec.  62.15945.
    (b) Operator training and qualification must be obtained through a
state-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section:
    (1) Training on the 10 subjects listed in paragraphs (c)(1)(i)
through (x) of this section:
    (i) Environmental concerns, including types of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, sewage sludge feeding and
shutdown procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable);
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices;
    (vii) Actions to prevent malfunctions or to prevent conditions that
may lead to malfunctions;
    (viii) Bottom and fly ash characteristics and handling procedures;
    (ix) Applicable federal, state and local regulations, including
Occupational Safety and Health Administration workplace standards; and
    (x) Pollution prevention.
    (2) An examination designed and administered by the state-approved
program or instructor administering the subjects in paragraph (c)(1) of
this section.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec.  62.15925  When must the operator training course be completed?

    The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section:
    (a) The final compliance date;
    (b) Six months after your SSI unit startup; and
    (c) Six months after an employee assumes responsibility for
operating the SSI unit or assumes responsibility for supervising the
operation of the SSI unit.

Sec.  62.15930  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec.  62.15920(b).
    (b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec.  62.15920(c)(2).

Sec.  62.15935  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or
refresher course covering, at a minimum, the five topics described in
paragraphs (a) through (e) of this section:
    (a) Update of regulations;
    (b) Incinerator operation, including startup and shutdown
procedures, sewage sludge feeding and ash handling;
    (c) Inspection and maintenance;
    (d) Prevention of malfunctions or conditions that may lead to
malfunction; and
    (e) Discussion of operating problems encountered by attendees.

Sec.  62.15940  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification before you begin
operation of an SSI unit by one of the two methods specified in
paragraphs (a) and (b) of this section:
    (a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec.  62.15935; and
    (b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec.  62.15920.

Sec.  62.15945  What if all the qualified operators are temporarily not
accessible?

    If a qualified operator is not at the facility and cannot be at the
facility within 1 hour, you must meet the criteria specified in either
paragraph (a) or (b) of this section, depending on the length of time
that a qualified operator is not accessible:
    (a) When a qualified operator is not accessible for more than 8
hours, the SSI unit may be operated for less than 2 weeks by other
plant personnel who are

familiar with the operation of the SSI unit and who have completed a
review of the information specified in Sec.  62.15950 within the past
12 months. However, you must record the period when a qualified
operator was not accessible and include this deviation in the annual
report as specified under Sec.  62.16030(c).
    (b) When a qualified operator is not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section:
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible; and
    (2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible and requesting approval from the Administrator to
continue operation of the SSI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section:
    (i) If the Administrator notifies you that your request to continue
operation of the SSI unit is disapproved, the SSI unit may continue
operation for 30 days and then must cease operation; and
    (ii) Operation of the unit may resume if a qualified operator is
accessible as required under Sec.  62.15920(a). You must notify the
Administrator within 5 days of having resumed operations and of having
a qualified operator accessible.

Sec.  62.15950  What site-specific documentation is required and how
often must it be reviewed by qualified operators and plant personnel?

    (a) You must maintain at the facility the documentation of the
operator training procedures specified under Sec.  62.15920(c)(1) and
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information
listed in Sec.  62.15920(c)(1) with each qualified incinerator operator
and other plant personnel who may operate the unit according to the
provisions of Sec.  62.15945(a), according to the following schedule:
    (1) The initial review of the information listed in Sec.
62.15920(c)(1) must be conducted by November 30, 2016, or prior to an
employee's assumption of responsibilities for operation of the SSI
unit, whichever date is later; and
    (2) Subsequent annual reviews of the information listed in Sec.
62.15920(c)(1) must be conducted no later than 12 months following the
previous review.

Emission Limits, Emission Standards and Operating Limits and
Requirements

Sec.  62.15955  What emission limits and standards must I meet and by
when?

    You must meet the emission limits and standards specified in Table
2 or 3 to this subpart by the final compliance date specified in Sec.
62.15875. The emission limits and standards apply at all times the unit
is operating and during periods of malfunction. The emission limits and
standards apply to emissions from a bypass stack or vent while sewage
sludge is in the combustion chamber (i.e., until the sewage sludge feed
to the combustor has been cut off for a period of time not less than
the sewage sludge incineration residence time).

Sec.  62.15960  What operating limits and requirements must I meet and
by when?

    You must meet, as applicable, the operating limits and requirements
specified in paragraphs (a) through (d) and (h) of this section,
according to the schedule specified in paragraph (e) of this section.
The operating parameters for which you will establish operating limits
for a wet scrubber, fabric filter, electrostatic precipitator or
activated carbon injection are listed in Table 4 to this subpart. You
must comply with the operating requirements in paragraph (f) of this
section and the requirements in paragraph (g) of this section for
meeting any new operating limits, re-established in Sec.  62.16005. The
operating limits apply at all times that sewage sludge is in the
combustion chamber (i.e., until the sewage sludge feed to the combustor
has been cut off for a period of time not less than the sewage sludge
incineration residence time):
    (a) You must meet a site-specific operating limit for minimum
operating temperature of the combustion chamber (or afterburner
combustion chamber) that you establish in Sec.  62.15985;
    (b) If you use a wet scrubber, electrostatic precipitator,
activated carbon injection or afterburner to comply with an emission
limit, you must meet the site-specific operating limits that you
establish in Sec.  62.15985 for each operating parameter associated
with each air pollution control device;
    (c) If you use a fabric filter to comply with the emission limits,
you must install the bag leak detection system specified in Sec. Sec.
62.15995(b) and 62.16020(b)(3)(i) and operate the bag leak detection
system such that the alarm does not sound more than 5-percent of the
operating time during a 6-month period. You must calculate the alarm
time as specified in Sec.  62.16005(a)(2)(i);
    (d) You must meet the operating requirements in your site-specific
fugitive emission monitoring plan, submitted as specified in Sec.
62.15995(d) to ensure that your ash handling system will meet the
emission standard for fugitive emissions from ash handling;
    (e) You must meet the operating limits and requirements specified
in paragraphs (a) through (d) of this section by the final compliance
date specified in Sec.  62.15875;
    (f) You must monitor the feed rate and moisture content of the
sewage sludge fed to the sewage sludge incinerator, as specified in
paragraphs (f)(1) and (2) of this section:
    (1) Continuously monitor the sewage sludge feed rate and calculate
a daily average for all hours of operation during each 24-hour period.
Keep a record of the daily average feed rate, as specified in Sec.
62.16025(f)(3)(ii); and
    (2) Take at least one grab sample per day of the sewage sludge fed
to the sewage sludge incinerator. If you take more than one grab sample
in a day, calculate the daily average for the grab samples. Keep a
record of the daily average moisture content, as specified in Sec.
62.16025(f)(3)(ii).
    (g) For the operating limits and requirements specified in
paragraphs (a) through (d) and (h) of this section, you must meet any
new operating limits and requirements, re-established according to
Sec.  62.16005(d)); and
    (h) If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator or activated carbon
injection to comply with the emission limits in Table 2 or 3 to this
subpart, you must meet any site-specific operating limits or
requirements that you establish as required in Sec.  62.15965.

Sec.  62.15965  How do I establish operating limits if I do not use a
wet scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some other
manner, to comply with the emission limits?

    If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator, activated carbon
injection, or afterburner, or limit emissions in some other manner
(e.g., materials balance) to comply with the emission limits in Sec.
62.15955, you must meet the requirements in paragraphs (a) and (b) of
this section:

    (a) Meet the applicable operating limits and requirements in Sec.
60.4850 of this chapter, and establish applicable operating limits
according to Sec.  62.15985; and
    (b) Petition the Administrator for specific operating parameters,
operating limits, and averaging periods to be established during the
initial performance test and to be monitored continuously thereafter.
    (1) 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. You must not conduct the
initial performance test until after the petition has been approved by
the Administrator, and you must comply with the operating limits as
written, pending approval by the Administrator. 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;
    (2) Your petition must include the five items listed in paragraphs
(b)(2)(i) through (v) of this section:
    (i) Identification of the specific parameters you propose to
monitor;
    (ii) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants;
    (iii) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters, including a discussion of the averaging periods
associated with those parameters for determining compliance;
    (iv) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments; and
    (v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec.  62.15970  Do the emission limits, emission standards, and
operating limits apply during periods of startup, shutdown, and
malfunction?

    The emission limits and standards apply at all times and during
periods of malfunction. The operating limits apply at all times that
sewage sludge is in the combustion chamber (i.e., until the sewage
sludge feed to the combustor has been cut off for a period of time not
less than the sewage sludge incineration residence time). For
determining compliance with the CO concentration limit using CO CEMS,
the correction to 7-percent oxygen does not apply during periods of
startup or shutdown. Use the measured CO concentration without
correcting for oxygen concentration in averaging with other CO
concentrations (corrected to 7-percent O2) to determine the
24-hour average value.

Sec.  62.15975  [Reserved]

Initial Compliance Requirements

Sec.  62.15980  How and when do I demonstrate initial compliance with
the emission limits and standards?

    To demonstrate initial compliance with the emission limits and
standards 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).
    (a) Demonstrate initial compliance using the performance test
required in Sec.  60.8 of this chapter. You must demonstrate that your
SSI unit meets the emission limits and standards 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, lead and fugitive
emissions from ash handling using the performance test. The initial
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) Except as provided in paragraph (e) of this section, you must
demonstrate that your SSI unit meets the emission limits and standards
specified in Table 2 or 3 to this subpart by the final compliance date
(see Table 1 to this subpart).
    (2) You may use the results from a performance test conducted
within the 2 previous years that was conducted under the same
conditions and demonstrated compliance with the emission limits and
standards in Table 2 or 3 to this subpart, provided no process changes
have been made since you conducted that performance test. However, you
must continue to meet the operating limits established during the most
recent performance test that demonstrated compliance with the emission
limits and standards in Table 2 or 3 to this subpart. The performance
test must have used the test methods specified in Table 2 or 3 to this
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 of this chapter 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) of this chapter, 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) of this chapter
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) of this chapter
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) of this chapter
to develop a monitoring plan. For mercury continuous automated sampling
systems, you must use Performance Specification 12B of appendix B of
part 75 of this chapter and Procedure 5 of appendix F of part 60 of
this chapter.
    (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) of this chapter 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) of this chapter 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) of this chapter 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) of this chapter 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) of
this chapter 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.  62.15875. 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) of this chapter 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) of this chapter,
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 of this chapter.
    (B) The applicable performance specifications (e.g., relative
accuracy tests) in appendix B of part 60 of this chapter.
    (C) The applicable procedures (e.g., quarterly accuracy
determinations and daily calibration drift tests) in appendix F of part
60 of this chapter.
    (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) of this chapter.
    (5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13 of this chapter.
    (6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  60.7(b), (c) introductory text,
(c)(1), (c)(4), (d), (e), (f), and (g) of this chapter.
    (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 (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 OAQPS Fabric Filter Bag Leak
Detection Guidance, EPA-454/R-98-015, September 1997. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460,<PHONE_NUMBER>, http://www.epa.gov.
You may inspect a copy at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (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) of this chapter. 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 of
this chapter 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) of this chapter, 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) of this chapter
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) of this chapter
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)
of this chapter. For mercury continuous automated sampling systems, you
must use Performance Specification 12B of appendix B of part 75 of this
chapter and Procedure 5 of appendix F of part 60 of this chapter.
    (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) of this chapter 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