[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9414-9415]
[FR Doc No: 2022-03506]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2022-0176]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewal Approval of Information Collection 2120-0776,
Airspace Authorizations in Controlled Airspace

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew Information Collection
2120-0776. The purpose of this notice is to allow 60 days for public
comment. The FAA proposes collecting information related to requests
made to operate Unmanned Aircraft Systems (UAS) in controlled airspace.
FAA will use the collected information to make determinations whether
to authorize or deny the requested authorization of UAS operation in
controlled airspace. The proposed information collection is necessary
to issue such authorizations or denials consistent with the FAA's
mandate to ensure safe and efficient use of national airspace.

DATES: Written comments should be submitted by April 19, 2022.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
    By mail: Atlantic City International Airport, FAA William J. Hughes
Technical Center, Bldg. 316, Column I, Desk 4S409, Atlantic City, NJ
08405.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Victoria Gallagher by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0776.
    Title: Airspace Authorizations in Controlled Airspace under 49
U.S.C. 44809(a)(5).
    Form Numbers: There are no forms associated with this collection.
    Type of Review: Renewal of existing Information Collection.
    Background: There has been an increased number of small Unmanned
Aircraft Systems (UAS) operating in the National Air Space (NAS) in
recent years and regulations and statutes have been enacted to
establish the use of small UAS in the NAS. Included in these is 49
U.S.C. 44809(a)(5), which states that a strictly recreational user of
small UAS must have authorization from the FAA to fly a small UAS ``in
Class B, Class C, or Class D airspace or within the lateral boundaries
of the surface areas of Class E airspace designated for an airport.''
In order to process airspace authorization requests, the FAA requires
the operator's name, the operator's contact information, and
information related to the date, place, and time of the requested
authorization, which can be up to twelve hours in length. This
information is necessary for the FAA to meet its statutory mandate of
maintaining a safe and efficient national airspace. See 49 U.S.C.
40103, 44701, and 44807. The FAA will use the requested information to
determine if the proposed authorization to operate can be conducted
safely.
    The FAA proposes to use the Low Altitude Authorization and
Notification Capability (LAANC) and a web portal to process
authorization requests from the public to conduct flight operations
pursuant to 49 U.S.C. 44809(a)(5).
    Respondents: Small UAS operators seeking to conduct flight
operations under 49 U.S.C. 44809(a)(5) within controlled airspace.
Between 2022-2025, the FAA estimates that it will receive a total of
757,380 requests for airspace authorization (735,416 through LAANC and
21,964 through the web portal).
    Frequency: The requested information is necessary each time a
respondent requests an airspace authorization to operate a small UAS
under 49 U.S.C. 44809(a)(5) in controlled airspace.
    Estimated Average Burden per Response: The FAA estimates the
respondents using LAANC will take five (5) minutes per airspace
authorization request and those using the web portal will take thirty
(30) minutes per request.
    Estimated Total Annual Burden: For airspace authorizations, the FAA
estimates that the average annual burden will be 24,007 burden hours.
This includes 20,346 burden hours for 245,139 LAANC respondents and
3,661 burden hours for 7,321 web portal respondents.

    Issued in Washington, DC, on February, 14, 2022.
Victoria Gallagher,
sUAS LAANC Program Manager, FAA Air Traffic Organization, AJM-337.
[FR Doc. 2022-03506 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Notices]
[Pages 6036-6038]
[FR Doc No: 2019-03173]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85164; File No. SR-EMERALD-2019-03]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 519, MIAX Emerald Order Monitor

February 19, 2019.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on February 11, 2019, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange''), filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 519, MIAX
Emerald Order Monitor, in order to harmonize its rule to the rules of
the Exchange's affiliate, MIAX PEARL, LLC (``MIAX PEARL'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/emerald, at MIAX
Emerald's principal office, and at the Commission's Public Reference
Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Exchange Rule 519, MIAX Emerald
Order Monitor, to align its behavior pertaining to the handling of
limit orders to buy and limit orders to sell to that of MIAX PEARL.
Current Functionality
    In order to avoid the occurrence of potential obvious or
catastrophic errors on the Exchange the MIAX Emerald Order Monitor will
prevent certain orders from executing or being placed on the Book at
prices outside pre-set standard limits. Beginning after the Opening
Process is complete, the MIAX Emerald Order Monitor will be operational
each trading day until the close of trading.
    Paragraph (3), Limit Orders to Buy or Sell, of the Rule, states
that the System will reject an incoming limit order that crosses the
contra-side NBBO by at least 50% or $2.50, whichever is less. The
following examples illustrate those situations where lower priced limit
orders are rejected because they cross the NBBO by at least 50%: (A) If
the NBBO on the offer side is $4.00, an order to buy options for $6.00
or more will be rejected; and (B) if the NBBO on the bid side is $4.00,
an order to sell options for $2.00 or less will be rejected.
Additionally, the following are examples of those situations where
higher priced limit orders are rejected because they cross the NBBO by
$2.50 or more: (A) If the NBBO on the offer side is $12.00, an order to
buy options for $14.50 or more will be rejected; and (B) if the NBBO on
the bid side is $12.00, an order to sell options for $9.50 or less will
be rejected. Notwithstanding the foregoing, with respect to limit
orders to sell, the MIAX Emerald Order Monitor will not be activated
when the NBBO on the bid side is equal to or less than $0.25. Thus, the
System will accept all limit orders to sell regardless of price during
this time.
Proposal
    MIAX Emerald plans to commence operations as a national securities
exchange registered under Section 6 of the Act \3\ on March 1, 2019. As
described more fully in MIAX Emerald's Form 1 application,\4\ the
Exchange is an affiliate of Miami International Securities Exchange,
LLC (``MIAX Options'') and MIAX PEARL, LLC (``MIAX PEARL''). MIAX
Emerald Rules, in their current form, were filed as Exhibit B to its
Form 1 on August 16, 2018, and at that time MIAX Emerald Rule 519 was
substantially similar to MIAX PEARL Rule 519. In the time between when
the Exchange filed its Form 1 and the time the Exchange received its
approval order, MIAX PEARL made changes to its Rule 519.\5\ In order to
ensure consistent operation of both MIAX Emerald and MIAX PEARL through
having consistent rules, the Exchange now proposes to amend the MIAX
Emerald Rule as described below.
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    \3\ 15 U.S.C. 78f.
    \4\ See Securities Exchange Act Release No. 84891 (December 20,
2018), 83 FR 67421 (December 28, 2018) (File No. 10-233) (order
approving application of MIAX Emerald, LLC for registration as a
national securities exchange.)
    \5\ See Securities Exchange Act Release No. 84887 (December 20,
2018), 83 FR 67452 (December 28, 2018) (SR-PEARL-2018-25).
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    The Exchange proposes to amend current subsection (3) to create a
separate subsection for limit orders to buy (proposed subsection (3)),
and for limit orders to sell (proposed subsection (4)). The Exchange
proposes to introduce a new threshold for limit orders to buy which
will provide that for options with a National Best Offer (``NBO'') less
than or equal to $0.50 the System \6\ will reject an incoming limit
order that has a limit price that is equal to or greater than the NBO
Price by $0.25. The Exchange believes that creating separate
subsections dedicated to limit orders to buy and limit orders to sell
will add clarity and additional detail to the Exchange's rule.
Additionally, the Exchange proposes to provide new examples
demonstrating the operation of the MIAX Emerald Order Monitor
functionality for both limit orders to buy and limit orders to sell.
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    \6\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
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    Proposed subsection (3), Limit Orders to Buy, will provide that for
options with a National Best Offer (``NBO'') greater than $0.50 the
System will reject an incoming limit order that has a limit price equal
to or greater than the NBO by the lesser of (i) $2.50, or (ii) 50% of
the NBO price. The proposed rule will also provide that for options
with an NBO less than or equal to $0.50 the System will reject an
incoming limit

order that has a limit price that is equal to or greater than the NBO
price by $0.25.
    The proposed examples provide that (A) if the NBO is $12.00 an
incoming limit order to buy options for $14.50 or more will be
rejected; and (B) if the NBO is $0.10 an incoming limit order to buy
options for $0.15 will not be rejected; whereas if the NBO is $0.10 an
incoming limit order to buy options for $0.35 will be rejected as the
limit price of the order is $0.25 greater than the NBO. Proposed
example A provides an example of an order being rejected when the
order's limit price ($14.50) is greater than the NBO ($12.00) by the
lesser of $2.50 or 50% of the NBO price ($6.00). Proposed example B
demonstrates how the protection works when the NBO of the option is
$0.50 or less. If the NBO is $0.10 an incoming limit order to buy
options for $0.15 will not be rejected as the order's limit price is
not $0.25 greater ($.35) than the NBO price.
    Proposed subsection (4) Limit Orders to Sell, will provide that for
options with a National Best Bid (``NBB'') equal to or greater than
$0.25 the System will reject an incoming limit order that has a limit
price equal to or less than the NBB by the lesser of (i) $2.50, or (ii)
50% of the NBB price.
    Additionally, the proposed rule will include examples to
demonstrate the operation of the rule in different circumstances. The
proposed examples provide that (A) if the NBB is $12.00 an incoming
limit order to sell options for $9.50 or less will be rejected; and (B)
if the NBB is $0.30 an incoming limit order to sell options for $0.15
will be rejected; whereas if the NBB is $0.30 an incoming limit order
to sell options for $0.20 will not be rejected as the limit price of
the order is not less than 50% of the NBB price. Proposed example A
provides an example of an order being rejected when the order's limit
price ($9.50) is less than the NBB ($12.00) by the lesser of $2.50 or
50% of the NBB price ($6.00). Proposed example B demonstrates how the
protection works when the NBB of the option is greater than $0.25.
    The Exchange believes its proposed changes provide additional
detail and clarity to the Exchange's rules concerning order protections
for incoming limit orders to buy and incoming limit orders to sell.
2. Statutory Basis
    MIAX Emerald believes that its proposed rule change is consistent
with Section 6(b) of the Act \7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \8\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes its proposal promotes just and equitable
principles of trade, removes impediments to and perfects the mechanisms
of a free and open market and a national market system, and in general,
protects investors and the public interest by establishing thresholds
for the handling of incoming limit orders to buy and sell, and by
providing examples describing the System's behavior in various
circumstances. Currently the Exchange's rule discusses the operation of
the MIAX Emerald Order Monitor on incoming limit orders to buy or
incoming limit orders to sell in a single paragraph.\9\ The Exchange
believes providing separate paragraphs in the rule specifically
discussing the MIAX Emerald Order Monitor process for incoming limit
orders to buy (proposed paragraph (a)(3)) and for incoming limit orders
to sell (proposed paragraph (a)(4)), promotes the protection of
investors and the public interest by providing additional detail and
clarity in the rule. It is in the best interest of investors and the
public for rules to be accurate and precise to avoid the potential for
confusion. Further, the Exchange believes that providing a clear line
of delineation for the treatment of limit orders to buy when the NBO is
less than or equal to $0.50, and for limit orders to sell when the
National Best Bid (``NBB'') is less than $0.25 benefits investors and
the public by establishing clear and unambiguous thresholds regarding
the acceptance or rejection of orders.
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    \9\ See Exchange Rule 519(a)(3).
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    The Exchange believes that the proposed changes to its rulebook add
additional detail and provide further clarification to Members,\10\
investors, and the public, regarding the Exchange's order monitoring
functionality. The Exchange believes it is in the interest of investors
and the public to accurately describe the behavior of the Exchange's
System in its rules as this information may be used by investors to
make decisions concerning the submission of their orders. Transparency
and clarity are consistent with the Act because it removes impediments
to and helps perfect the mechanism of a free and open market and a
national market system, and, in general, protects investors and the
public interest by accurately describing the behavior of the Exchange's
System.
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    \10\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
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    The Exchange believes that the proposed changes promote just and
equitable principles of trade and removes impediments to and perfects
the mechanism of a free and open market and a national market system
and, in general, protects investors and the public interest by
providing additional detail and clarity in the Exchange's rules.
Further, the Exchange's proposal provides transparency and clarity in
the rules and is consistent with the Act because it removes impediments
to and helps perfect the mechanism of a free and open market and a
national market system, and, in general, protects investors and the
public interest by accurately describing the behavior of the Exchange's
System. In particular, the Exchange believes that the proposed rule
changes will provide greater clarity to Members and the public
regarding the Exchange's Rules, and it is in the public interest for
rules to be accurate and concise so as to eliminate the potential for
confusion.
    Additionally, the Exchange believes that although MIAX Emerald
rules may, in certain instances, intentionally differ from MIAX PEARL
rules, the proposed changes will promote uniformity with MIAX PEARL
with respect to rules that are intended to be identical. MIAX Emerald
and MIAX PEARL may have a number of Members in common, and where
feasible the Exchange intends to implement similar behavior to provide
consistency between MIAX PEARL and MIAX Emerald so as to avoid
confusion among Members.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to add additional clarity and detail to the Exchange's rules.
    The Exchange does not believe that the proposed rule change will
impose any burden on inter-market competition as the Rules apply
equally to all

Exchange Members. The proposed rule change is not a competitive filing
and is intended to enhance the protection of investors by ensuring that
the rule clearly and accurately describes the scenarios when a limit
order to buy or a limit order to sell will be rejected by the
Exchange's System. Additionally, the proposed rule change provides
examples of hypothetical scenarios to provide additional detail and
clarity to the Exchange's rulebook.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\
thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \13\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay and designate the proposal operative on March 1,
2019, to coincide with the planned commencement date of operation of
the Exchange. The Commission believes that the waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest and hereby waives the 30-day operative delay and
designates the proposal operative on March 1, 2019.\14\
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EMERALD-2019-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-EMERALD-2019-03. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2019-03 and should be submitted
on or before March 18, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03173 Filed 2-22-19; 8:45 am]
 BILLING CODE 8011-01-P


the compliance requirements for monitoring listed in Sec.
60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10),
(f)(7) through (10), and (g)(6) through (10). Sources subject to the
emission limits under Sec.  60.33e(b)(2) may, however, elect to use CO
CEMS as specified under Sec.  60.56c(c)(4) or bag leak detection
systems as specified under Sec.  60.57c(h).
    (c) For approval, a State plan shall require each small HMIWI
subject to the emission limits under Sec.  60.33e(b) that is not
equipped with an air pollution control device to meet the following
compliance and performance testing requirements:
* * * * *
    (3) Except as provided in paragraph (c)(4) of this section,
operation of the designated facility above the maximum charge rate and
below the minimum secondary chamber temperature (each measured on a 3-
hour rolling average) simultaneously shall constitute a violation of
the PM, CO, and dioxin/furan emission limits.
    (4) The owner or operator of a designated facility may conduct a
repeat performance test within 30 days of violation of applicable
operating parameter(s) to demonstrate that the designated facility is
not in violation of the applicable emission limit(s). Repeat
performance tests conducted pursuant to this paragraph must be
conducted using the identical operating parameters that indicated a
violation under paragraph (c)(3) of this section.
    (d) For approval, a State plan shall include the requirements for
monitoring listed in Sec.  60.57c of subpart Ec of this part for HMIWI
subject to the emission limits under Sec.  60.33e(a) and (b), except as
provided for under paragraph (e) of this section.
    (e) For approval, a State plan shall require small HMIWI subject to
the emission limits under Sec.  60.33e(b) that are not equipped with an
air pollution control device to meet the following monitoring
requirements:
* * * * *
    (3) The owner or operator of a designated facility shall obtain
monitoring data at all times during HMIWI operation except during
periods of monitoring equipment malfunction, calibration, or repair. At
a minimum, valid monitoring data shall be obtained for 75 percent of
the operating hours per day for 90 percent of the operating hours per
calendar quarter that the designated facility is combusting hospital
waste and/or medical/infectious waste.
    (f) The owner or operator of a designated facility as defined in
Sec.  60.32e(a)(2) subject to emission limits under Sec.  60.33e(a)(2)
or (b)(2) may use the results of previous emissions tests to
demonstrate compliance with the emission limits, provided that the
conditions in paragraphs (f)(1) through (f)(3) of this section are met:
    (1) The designated facility's previous emissions tests must have
been conducted using the applicable procedures and test methods listed
in Sec.  60.56c(b) of subpart Ec of this part. Previous emissions test
results obtained using EPA-accepted voluntary consensus standards are
also acceptable.
    (2) The HMIWI at the designated facility shall currently be
operated in a manner (e.g., with charge rate, secondary chamber
temperature, etc.) that would be expected to result in the same or
lower emissions than observed during the previous emissions test(s),
and the HMIWI may not have been modified such that emissions would be
expected to exceed (notwithstanding normal test-to-test variability)
the results from previous emissions test(s).
    (3) The previous emissions test(s) must have been conducted in 1996
or later.
    6. Section 60.38e is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (b) introductory text; and
    c. By revising paragraph (b)(1).

Sec.  60.38e  Reporting and recordkeeping guidelines.

    (a) Except as provided in paragraphs (a)(1) and (a)(2) of this
section, for approval, a State plan shall include the reporting and
recordkeeping requirements listed in Sec.  60.58c(b) through (g) of
subpart Ec of this part.
    (1) For a designated facility as defined in Sec.  60.32e(a)(1)
subject to emission limits under Sec.  60.33e(a)(1) or (b)(1),
excluding Sec.  60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii)
(NOX reagent), (b)(2)(xvii) (air pollution control device
inspections), (b)(2)(xviii) (bag leak detection system alarms),
(b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
    (2) For a designated facility as defined in Sec.  60.32e(a)(2)
subject to emission limits under Sec.  60.33e(a)(2) or (b)(2),
excluding Sec.  60.58c(b)(2)(xviii) (bag leak detection system alarms),
(b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
    (b) For approval, a State plan shall require the owner or operator
of each HMIWI subject to the emission limits under Sec.  60.33e to:
    (1) As specified in Sec.  60.36e, maintain records of the annual
equipment inspections that are required for each HMIWI subject to the
emission limits under Sec.  60.33e(a)(2) and (b), and the annual air
pollution control device inspections that are required for each HMIWI
subject to the emission limits under Sec.  60.33e(a)(2) and (b)(2), any
required maintenance, and any repairs not completed within 10 days of
an inspection or the timeframe established by the State regulatory
agency; and
* * * * *
    7. Section 60.39e is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (c) introductory text;
    c. By revising paragraph (c)(1);
    d. By revising paragraph (d)(3); and
    e. By revising paragraph (f).

Sec.  60.39e  Compliance times.

    (a) Each State in which a designated facility is operating shall
submit to the Administrator a plan to implement and enforce the
emission guidelines as specified in paragraphs (a)(1) and (a)(2) of
this section:
    (1) Not later than September 15, 1998, for the emission guidelines
as promulgated on September 15, 1997.
    (2) Not later than [DATE 1 YEAR AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE Federal Register], for the emission guidelines as
amended on [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register].
* * * * *
    (c) State plans that specify measurable and enforceable incremental
steps of progress towards compliance for designated facilities planning
to install the necessary air pollution control equipment may allow
compliance on or before the date 3 years after EPA approval of the
State plan (but not later than September 16, 2002), for the emission
guidelines as promulgated on

September 15, 1997, and not later than [DATE 5 YEARS AFTER PUBLICATION
OF THE FINAL RULE IN THE Federal Register] for the emission guidelines
as amended on [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register]. Suggested measurable and enforceable activities to be
included in State plans are:
    (1) Date for submitting a petition for site-specific operating
parameters under Sec.  60.56c(j) of subpart Ec of this part.
* * * * *
    (d) * * *
    (3) If an extension is granted, require compliance with the
emission guidelines on or before the date 3 years after EPA approval of
the State plan (but not later than September 16, 2002), for the
emission guidelines as promulgated on September 15, 1997, and not later
than [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal
Register] for the emission guidelines as amended on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
* * * * *
    (f) The Administrator shall develop, implement, and enforce a plan
for existing HMIWI located in any State that has not submitted an
approvable plan within 2 years after September 15, 1997, for the
emission guidelines as promulgated on September 15, 1997, and within 2
years after [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register] for the emission guidelines as amended on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. Such plans
shall ensure that each designated facility is in compliance with the
provisions of this subpart no later than 5 years after September 15,
1997, for the emission guidelines as promulgated on September 15, 1997,
and no later than 5 years after [DATE OF PUBLICATION OF THE FINAL RULE
IN THE Federal Register] for the emission guidelines as amended on
[DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    8. The heading to Table 1 to subpart Ce is revised to read as
follows:
    Table 1 to Subpart Ce of Part 60-Emission Limits for Small, Medium,
and Large HMIWI at Designated Facilities As Defined in Sec.
60.32e(a)(1)
    9. Amend Subpart Ce by adding Table 1A to subpart Ce to read as
follows:

 Table 1A--to Subpart Ce of Part 60-Emission Limits for Small, Medium, and Large HMIWI at Designated Facilities
                                        as Defined in Sec.   60.32e(a)(2)
----------------------------------------------------------------------------------------------------------------
                                                                                Emission limits
                                                                 -----------------------------------------------
             Pollutant                Units  (7 percent oxygen,                     HMIWI size
                                              dry basis)         -----------------------------------------------
                                                                       Small          Medium           Large
----------------------------------------------------------------------------------------------------------------
Particulate matter.................  Milligrams per dry standard      39 (0.017)      28 (0.012)     13 (0.0056)
                                      cubic meter (mg/dscm)
                                      (grains per dry standard
                                      cubic foot (gr/dscf)).
Carbon monoxide....................  Parts per million by volume             8.2             3.0             3.9
                                      (ppmv).
Dioxins/furans.....................  Nanograms per dry standard     8.3 (3.7) or  0.63 (0.28) or   1.6 (0.70) or
                                      cubic meter total dioxins/          0.0080          0.0097   0.029 (0.013)
                                      furans (ng/dscm) (grains          (0.0035)        (0.0043)
                                      per billion dry standard
                                      cubic feet (gr/10\9\
                                      dscf)) or ng/dscm TEQ (gr/
                                      10\9\ dscf).
Hydrogen chloride..................  Ppmv.......................             4.5             2.5             2.4
Sulfur dioxide.....................  Ppmv.......................             2.8             2.8             2.8
Nitrogen oxides....................  Ppmv.......................             200             200             140
Lead...............................  mg/dscm (grains per            0.18 (0.079)  0.017 (0.0075)  0.013 (0.0057)
                                      thousand dry standard
                                      cubic feet (gr/10\3\
                                      dscf)).
Cadmium............................  mg/dscm (gr/10\3\ dscf)....  0.012 (0.0053)          0.0071          0.0041
                                                                                (0.0031)        (0.0018)
Mercury............................  mg/dscm (gr/10\3\ dscf)....          0.0075          0.0079          0.0095
                                                                        (0.0033)        (0.0035)        (0.0042)
----------------------------------------------------------------------------------------------------------------

    10. The heading to Table 2 to subpart Ce is revised to read as
follows:
    Table 2 to Subpart Ce of Part 60. Emission Limits for Small HMIWI
which Meet the Criteria under Sec.  60.33e(b)(1)
    11. Amend Subpart Ce by adding Table 2A to subpart Ce to read as
follows:

 Table 2a to Subpart Ce of Part 60-Emission Limits for Small HMIWI Which
               Meet the Criteria Under Sec.   60.33e(b)(2)
------------------------------------------------------------------------
                                     Units (7 percent     HMIWI emission
           Pollutant                oxygen, dry basis)        limits
------------------------------------------------------------------------
Particulate matter.............  mg/dscm (gr/dscf)......      69 (0.030)
Carbon monoxide................  Ppmv...................              12
Dioxins/furans.................  ng/dscm total dioxins/      130 (57) or
                                  furans (gr/10\9\ dscf)       2.6 (1.2)
                                  or ng/dscm TEQ (gr/
                                  10\9\ dscf).
Hydrogen chloride..............  Ppmv...................             440
Sulfur dioxide.................  Ppmv...................              43
Nitrogen oxides................  Ppmv...................             110
Lead...........................  Mg/dscm (gr/10\3\ dscf)     0.35 (0.16)
Cadmium........................  Mg/dscm (gr/10\3\ dscf)   0.068 (0.030)
Mercury........................  Mg/dscm (gr/10\3\ dscf)          0.0040
                                                                (0.0018)
------------------------------------------------------------------------

Subpart Ec--[Amended]

    12. Section 60.50c is amended as follows:
    a. By revising paragraph (a);
    b. By adding paragraph (m); and
    c. By adding paragraph (n).

Sec.  60.50c  Applicability and delegation of authority.

    (a) Except as provided in paragraphs (b) through (h) of this
section, the affected facility to which this subpart applies is each
individual hospital/medical/infectious waste incinerator (HMIWI):
    (1) For which construction is commenced after June 20, 1996 but no
later than December 1, 2008; or
    (2) For which modification is commenced after March 16, 1998 but no
later than [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE
Federal Register].
    (3) For which construction is commenced after December 1, 2008; or
    (4) For which modification is commenced after [DATE 6 MONTHS AFTER
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
* * * * *
    (m) The requirements of this subpart as promulgated on September
15, 1997, shall apply to the affected facilities defined in paragraph
(a)(1) and (2) of this section until the applicable compliance date of
the requirements of subpart Ce of this part, as amended on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. Upon the
compliance date of the requirements of the amended subpart Ce of this
part, affected facilities as defined in paragraph (a) of this section
are no longer subject to the requirements of this subpart, but are
subject to the requirements of subpart Ce of this part, as amended on
[DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register].
Compliance with subpart Ce of this part, as amended on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register] is required on
or before the date 3 years after EPA approval of the State plan for
States in which an affected facility as defined in paragraph (a) of
this section is located (but not later than the date 5 years after
promulgation of the amended subpart).
    (n) The requirements of this subpart, as amended on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register], shall become
effective [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE
Federal Register].
    13. Section 60.51c is amended by adding definitions for ``Bag leak
detection system'' and ``Minimum reagent flow rate'' in alphabetical
order and revising the definition for ``Minimum secondary chamber
temperature'' to read as follows:

Sec.  60.51c  Definitions.

    Bag leak detection system means an instrument that is capable of
monitoring PM loadings in the exhaust of a fabric filter in order to
detect bag failures. A bag leak detection system includes, but is not
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative
PM loadings.
* * * * *
    Minimum reagent flow rate means 90 percent of the highest 3-hour
average reagent flow rate at the inlet to the selective noncatalytic
reduction technology (taken, at a minimum, once every minute) measured
during the most recent performance test demonstrating compliance with
the NOX emission limit.
* * * * *
    Minimum secondary chamber temperature means 90 percent of the
highest 3-hour average secondary chamber temperature (taken, at a
minimum, once every minute) measured during the most recent performance
test demonstrating compliance with the PM, CO, dioxin/furan, and
NOX emission limits.
* * * * *
    14. Section 60.52c is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (b); and
    c. By revising paragraph (c).

Sec.  60.52c  Emission limits.

    (a) On and after the date on which the initial performance test is
completed or is required to be completed under Sec.  60.8, whichever
date comes first, no owner or operator of an affected facility shall
cause to be discharged into the atmosphere:
    (1) From an affected facility as defined in Sec.  60.50c(a)(1) and
(2), any gases that contain stack emissions in excess of the limits
presented in Table 1 to this subpart.
    (2) From an affected facility as defined in Sec.  60.50c(a)(3) and
(4), any gases that contain stack emissions in excess of the limits
presented in Table 1A to this subpart.
    (b) On and after the date on which the initial performance test is
completed or is required to be completed under Sec.  60.8, whichever
date comes first, no owner or operator of an affected facility shall
cause to be discharged into the atmosphere:
    (1) From an affected facility as defined in Sec.  60.50c(a)(1) and
(2), any gases that exhibit greater than 10 percent opacity (6-minute
block average).
    (2) From an affected facility as defined in Sec.  60.50c(a)(3) and
(4), any gases that exhibit greater than 2 percent opacity (6-minute
block average).
    (c) On and after the date on which the initial performance test is
completed or is required to be completed under Sec.  60.8, whichever
date comes first, no owner or operator of an affected facility as
defined in Sec.  60.50c(a)(1) and (2) and utilizing a large HMIWI, and
in Sec.  60.50c(a)(3) and (4), shall cause to be discharged into the
atmosphere visible emissions of combustion ash from an ash conveying
system (including conveyor transfer points) in excess of 5 percent of
the observation period (i.e., 9 minutes per 3-hour period), as
determined by EPA Reference Method 22 of appendix A-1 of this part,
except as provided in paragraphs (d) and (e) of this section.
* * * * *
    15. Section 60.56c is amended as follows:
    a. By revising paragraph (b) introductory text;
    b. By revising paragraphs (b)(4) and (b)(6);
    c. By redesignating paragraphs (b)(7) through (b)(12) as paragraphs
(b)(9) through (b)(14);
    d. By adding paragraphs (b)(7) and (b)(8);
    e. By revising newly redesignated paragraphs (b)(9) and (b)(10);
    f. By revising newly redesignated paragraph (b)(11) introductory
text;
    g. By revising newly redesignated paragraphs (b)(12) and (b)(13);
    h. By revising paragraphs (c)(2) and (c)(3);
    i. By redesignating paragraph (c)(4) as paragraph (c)(5);
    j. By revising newly redesignated paragraph (c)(5);
    k. By adding paragraphs (c)(4), (c)(6), and (c)(7);
    l. By revising paragraph (d) introductory text;
    m. By revising paragraph (e) introductory text;
    n. By adding paragraphs (e)(6) through (e)(10);
    o. By revising paragraph (f) introductory text;
    p. By adding paragraphs (f)(7) through (f)(10);
    q. By revising paragraph (g) introductory text;
    r. By adding paragraphs (g)(6) through (g)(10);
    s. By redesignating paragraphs (h) through (j) as paragraphs (i)
through (k);

    t. By adding paragraph (h); and
    u. By revising newly redesignated paragraphs (i) and (j).

Sec.  60.56c  Compliance and performance testing.

* * * * *
    (b) The owner or operator of an affected facility as defined in
Sec.  60.50c(a)(1) and (2), shall conduct an initial performance test
as required under Sec.  60.8 to determine compliance with the emission
limits using the procedures and test methods listed in paragraphs
(b)(1) through (b)(6) and (b)(9) through (b)(14) of this section. The
owner or operator of an affected facility as defined in Sec.
60.50c(a)(3) and (4), shall conduct an initial performance test as
required under Sec.  60.8 to determine compliance with the emission
limits using the procedures and test methods listed in paragraphs
(b)(1) through (b)(14). The use of the bypass stack during a
performance test shall invalidate the performance test.
* * * * *
    (4) EPA Reference Method 3, 3A, or 3B of appendix A-2 of this part
shall be used for gas composition analysis, including measurement of
oxygen concentration. EPA Reference Method 3, 3A, or 3B of appendix A-2
of this part shall be used simultaneously with each of the other EPA
reference methods. As an alternative to EPA Reference Method 3B, ASME
PTC-19-10-1981 Part 10 may be used.
* * * * *
    (6) EPA Reference Method 5 of appendix A-3 or Method 29 of appendix
A-8 of this part shall be used to measure the particulate matter
emissions. As an alternative, PM CEMS may be used as specified in
paragraph (c)(5) of this section.
    (7) EPA Reference Method 7E of appendix A-4 of this part shall be
used to measure NOX emissions.
    (8) EPA Reference Method 6C of appendix A-4 of this part shall be
used to measure SO2 emissions.
    (9) EPA Reference Method 9 of appendix A-4 of this part shall be
used to measure stack opacity. As an alternative, demonstration of
compliance with the PM standards using bag leak detection systems as
specified in Sec.  60.57c(h) or PM CEMS as specified in paragraph
(c)(5) of this section is considered demonstrative of compliance with
the opacity requirements.
    (10) EPA Reference Method 10 or 10B of appendix A-4 of this part
shall be used to measure the CO emissions. As specified in paragraph
(c)(4) of this section, use of CO CEMS are required for affected
facilities under Sec.  60.50c(a)(3) and (4).
    (11) EPA Reference Method 23 of appendix A-7 of this part shall be
used to measure total dioxin/furan emissions. As an alternative, an
owner or operator may elect to sample dioxins/furans by installing,
calibrating, maintaining, and operating a continuous automated sampling
system for monitoring dioxin/furan emissions as specified in paragraph
(c)(6) of this section. For Method 23 of appendix A-7 sampling, the
minimum sample time shall be 4 hours per test run. If the affected
facility has selected the toxic equivalency standards for dioxins/
furans, under Sec.  60.52c, the following procedures shall be used to
determine compliance:
* * * * *
    (12) EPA Reference Method 26 or 26A of appendix A-8 of this part
shall be used to measure HCl emissions. As an alternative, HCl CEMS may
be used as specified in paragraph (c)(5) of this section.
    (13) EPA Reference Method 29 of appendix A-8 of this part shall be
used to measure Pb, Cd, and Hg emissions. As an alternative, Hg
emissions may be measured using ASTM D6784-02. As an alternative for
Pb, Cd, and Hg, multi-metals CEMS or Hg CEMS, may be used as specified
in paragraph (c)(5) of this section. As an alternative, an owner or
operator may elect to sample Hg by installing, calibrating,
maintaining, and operating a continuous automated sampling system for
monitoring Hg emissions as specified in paragraph (c)(7) of this
section.
* * * * *
    (c) * * *
    (2) Except as provided in paragraphs (c)(4) and (c)(5) of this
section, determine compliance with the PM, CO, and HCl emission limits
by conducting an annual performance test (no more than 12 months
following the previous performance test) using the applicable
procedures and test methods listed in paragraph (b) of this section. If
all three performance tests over a 3-year period indicate compliance
with the emission limit for a pollutant (PM, CO, or HCl), the owner or
operator may forego a performance test for that pollutant for the
subsequent 2 years. At a minimum, a performance test for PM, CO, and
HCl shall be conducted every third year (no more than 36 months
following the previous performance test). If a performance test
conducted every third year indicates compliance with the emission limit
for a pollutant (PM, CO, or HCl), the owner or operator may forego a
performance test for that pollutant for an additional 2 years. If any
performance test indicates noncompliance with the respective emission
limit, a performance test for that pollutant shall be conducted
annually until all annual performance tests over a 3-year period
indicate compliance with the emission limit. The use of the bypass
stack during a performance test shall invalidate the performance test.
    (3) For an affected facility as defined in Sec.  60.50c(a)(1) and
(2) and utilizing a large HMIWI, and in Sec.  60.50c(a)(3) and (4),
determine compliance with the visible emission limits for fugitive
emissions from flyash/bottom ash storage and handling by conducting a
performance test using EPA Reference Method 22 of appendix A-7 on an
annual basis (no more than 12 months following the previous performance
test).
    (4) For an affected facility as defined in Sec.  60.50c(a)(3) and
(4), determine compliance with the CO emission limit using a CO CEMS
according to paragraphs (c)(4)(i) through (c)(4)(iii) of this section:
    (i) Determine compliance with the CO emission limit using a 24-hour
block average, calculated as specified in section 12.4.1 of EPA
Reference Method 19 of appendix A-7 of this part.
    (ii) Operate the CO CEMS in accordance with the applicable
procedures under appendices B and F of this part.
    (iii) Use of a CO CEMS may be substituted for the CO annual
performance test and minimum secondary chamber temperature to
demonstrate compliance with the CO emission limit.
    (5) Facilities using CEMS to demonstrate compliance with any of the
emission limits under Sec.  60.52c shall:
    (i) For an affected facility as defined in Sec.  60.50c(a)(1) and
(2), determine compliance with the appropriate emission limit(s) using
a 12-hour rolling average, calculated each hour as the average of the
previous 12 operating hours (not including startup, shutdown, or
malfunction).
    (ii) For an affected facility as defined in Sec.  60.50c(a)(3) and
(4), determine compliance with the appropriate emission limit(s) using
a 24-hour block average, calculated as specified in section 12.4.1 of
EPA Reference Method 19 of appendix A-7 of this part.
    (iii) Operate all CEMS in accordance with the applicable procedures
under appendices B and F of this part. For those CEMS for which
performance specifications have not yet been promulgated (HCl, multi-
metals), this option for an affected facility as defined in Sec.
60.50c(a)(3) and (4) takes effect on

the date a final performance specification is published in the Federal
Register or the date of approval of a site-specific monitoring plan.
    (iv) For an affected facility as defined in Sec.  60.50c(a)(3) and
(4), be allowed to substitute use of an HCl CEMS for the HCl annual
performance test, minimum HCl sorbent flow rate, and minimum scrubber
liquor pH to demonstrate compliance with the HCl emission limit.
    (v) For an affected facility as defined in Sec.  60.50c(a)(3) and
(4), be allowed to substitute use of a PM CEMS for the PM annual
performance test and minimum pressure drop across the wet scrubber, if
applicable, to demonstrate compliance with the PM emission limit.
    (6) An affected facility as defined in Sec.  60.50c(a)(3) and (4)
using a continuous automated sampling system to demonstrate compliance
with the dioxin/furan emission limits under Sec.  60.52c shall record
the output of the system and analyze the sample according to EPA
Reference Method 23 of appendix A-7 of this part. This option to use a
continuous automated sampling system takes effect on the date a final
performance specification applicable to dioxin/furan from monitors is
published in the Federal Register or the date of approval of a site-
specific monitoring plan. The owner or operator of an affected facility
as defined in Sec.  60.50c(a)(3) and (4) who elects to continuously
sample dioxin/furan emissions instead of sampling and testing using EPA
Reference Method 23 of appendix A-7 shall install, calibrate, maintain,
and operate a continuous automated sampling system and shall comply
with the requirements specified in Sec.  60.58b(p) and (q) of subpart
Eb of this part.
    (7) An affected facility as defined in Sec.  60.50c(a)(3) and (4)
using a continuous automated sampling system to demonstrate compliance
with the Hg emission limits under Sec.  60.52c shall record the output
of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet appropriate performance
criteria. This option to use a continuous automated sampling system
takes effect on the date a final performance specification applicable
to Hg from monitors is published in the Federal Register or the date of
approval of a site-specific monitoring plan. The owner or operator of
an affected facility as defined in Sec.  60.50c(a)(3) and (4) who
elects to continuously sample Hg emissions instead of sampling and
testing using EPA Reference Method 29 of appendix A-8 of this part, or
an approved alternative method for measuring Hg emissions, shall
install, calibrate, maintain, and operate a continuous automated
sampling system and shall comply with the requirements specified in
Sec.  60.58b(p) and (q) of subpart Eb of this part.
    (d) Except as provided in paragraphs (c)(4) through (c)(7) of this
section, the owner or operator of an affected facility equipped with a
dry scrubber followed by a fabric filter, a wet scrubber, or a dry
scrubber followed by a fabric filter and wet scrubber shall:
* * * * *
    (e) Except as provided in paragraph (i) of this section, for
affected facilities equipped with a dry scrubber followed by a fabric
filter:
* * * * *
    (6) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the CO emission limit as measured by the CO
CEMS specified in paragraph (c)(4) of this section shall constitute a
violation of the CO emission limit.
    (7) For an affected facility as defined in Sec.  60.50c(a)(3) and
(4), failure to initiate corrective action within 1 hour of a bag leak
detection system alarm; or failure to operate and maintain the fabric
filter such that the alarm is not engaged for more than 5 percent of
the total operating time in a 6-month block reporting period shall
constitute a violation of the PM emission limit. If inspection of the
fabric filter demonstrates that no corrective action is required, no
alarm time is counted. If corrective action is required, each alarm is
counted as a minimum of 1 hour. If it takes longer than 1 hour to
initiate corrective action, the alarm time is counted as the actual
amount of time taken to initiate corrective action. If the bag leak
detection system is used to demonstrate compliance with the opacity
limit, this would also constitute a violation of the opacity emission
limit.
    (8) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emission
limit as measured by the CEMS specified in paragraph (c)(5) of this
section shall constitute a violation of the applicable emission limit.
    (9) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the CDD/CDF emission limit as measured by
the continuous automated sampling system specified in paragraph (c)(6)
of this section shall constitute a violation of the CDD/CDF emission
limit.
    (10) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the Hg emission limit as measured by the
continuous automated sampling system specified in paragraph (c)(7) of
this section shall constitute a violation of the Hg emission limit.
    (f) Except as provided in paragraph (i) of this section, for
affected facilities equipped with a wet scrubber:
* * * * *
    (7) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the CO emission limit as measured by the CO
CEMS specified in paragraph (c)(4) of this section shall constitute a
violation of the CO emission limit.
    (8) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emission
limit as measured by the CEMS specified in paragraph (c)(5) of this
section shall constitute a violation of the applicable emission limit.
    (9) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the CDD/CDF emission limit as measured by
the continuous automated sampling system specified in paragraph (c)(6)
of this section shall constitute a violation of the CDD/CDF emission
limit.
    (10) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the Hg emission limit as measured by the
continuous automated sampling system specified in paragraph (c)(7) of
this section shall constitute a violation of the Hg emission limit.
    (g) Except as provided in paragraph (i) of this section, for
affected facilities equipped with a dry scrubber followed by a fabric
filter and a wet scrubber:
* * * * *
    (6) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the CO emission limit as measured by the CO
CEMS specified in paragraph (c)(4) of this section shall constitute a
violation of the CO emission limit.
    (7) For an affected facility as defined in Sec.  60.50c(a)(3) and
(4), failure to initiate corrective action within 1 hour of a bag leak
detection system alarm; or failure to operate and maintain the fabric
filter such that the alarm is not engaged for more than 5 percent of
the total operating time in a 6-month block reporting period shall
constitute a violation of the PM emission limit. If inspection of the
fabric filter demonstrates that no corrective action is required, no
alarm time is counted. If corrective action is required, each alarm is
counted as a minimum of 1 hour. If it takes longer than 1 hour to
initiate corrective action, the alarm time is counted as the actual
amount of time taken to initiate corrective action. If the bag leak
detection system is used to demonstrate compliance with the opacity
limit, this would also constitute a violation of the opacity emission
limit.

    (8) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emission
limit as measured by the CEMS specified in paragraph (c)(5) of this
section shall constitute a violation of the applicable emission limit.
    (9) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the CDD/CDF emission limit as measured by
the continuous automated sampling system specified in paragraph (c)(6)
of this section shall constitute a violation of the CDD/CDF emission
limit.
    (10) Operation of the affected facility as defined in Sec.
60.50c(a)(3) and (4) above the Hg emission limit as measured by the
continuous automated sampling system specified in paragraph (c)(7) of
this section shall constitute a violation of the Hg emission limit.
    (h) The owner or operator of an affected facility as defined in
Sec.  60.50c(a)(3) and (4) equipped with selective noncatalytic
reduction technology shall:
    (1) Establish the maximum charge rate, the minimum secondary
chamber temperature, and the minimum reagent flow rate as site specific
operating parameters during the initial performance test to determine
compliance with the emission limits;
    (2) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.8, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature or the minimum reagent flow rate measured as 3-hour rolling
averages (calculated each hour as the average of the previous 3
operating hours) at all times except during periods of startup,
shutdown and malfunction. Operating parameter limits do not apply
during performance tests.
    (3) Except as provided in paragraph (i) of this section, operation
of the affected facility above the maximum charge rate, below the
minimum secondary chamber temperature, and below the minimum reagent
flow rate simultaneously shall constitute a violation of the
NOX emission limit.
    (i) The owner or operator of an affected facility may conduct a
repeat performance test within 30 days of violation of applicable
operating parameter(s) to demonstrate that the affected facility is not
in violation of the applicable emission limit(s). Repeat performance
tests conducted pursuant to this paragraph shall be conducted using the
identical operating parameters that indicated a violation under
paragraph (e), (f), (g), or (h) of this section.
    (j) The owner or operator of an affected facility using an air
pollution control device other than a dry scrubber followed by a fabric
filter, a wet scrubber, a dry scrubber followed by a fabric filter and
a wet scrubber, or selective noncatalytic reduction technology to
comply with the emission limits under Sec.  60.52c shall petition the
Administrator for other site-specific operating parameters to be
established during the initial performance test and continuously
monitored thereafter. The owner or operator shall not conduct the
initial performance test until after the petition has been approved by
the Administrator.
* * * * *
    16. Section 60.57c is amended as follows:
    a. By revising paragraph (a);
    b. By redesignating paragraphs (b) through (d) as paragraphs (c)
through (e);
    c. By adding paragraph (b);
    d. By revising newly redesignated paragraphs (d) and (e); and
    e. By adding paragraphs (f), (g), and (h).

Sec.  60.57c  Monitoring requirements

    (a) Except as provided in Sec.  60.56c(c)(4) through (c)(7), the
owner or operator of an affected facility shall install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the applicable maximum and minimum
operating parameters listed in Table 3 to this subpart (unless CEMS are
used as a substitute for certain parameters as specified) such that
these devices (or methods) measure and record values for these
operating parameters at the frequencies indicated in Table 3 of this
subpart at all times except during periods of startup and shutdown.
    (b) The owner or operator of an affected facility as defined in
Sec.  60.50c(a)(3) and (4) that uses selective noncatalytic reduction
technology shall install, calibrate (to manufacturers' specifications),
maintain, and operate devices (or establish methods) for monitoring the
operating parameters listed in Sec. 1A60.56c(h) such that the devices
(or methods) measure and record values for the operating parameters at
all times except during periods of startup and shutdown. Operating
parameter values shall be measured and recorded at the following
minimum frequencies:
    (1) Maximum charge rate shall be measured continuously and recorded
once each hour;
    (2) Minimum secondary chamber temperature shall be measured
continuously and recorded once each minute; and
    (3) Minimum reagent flow rate shall be measured hourly and recorded
once each hour.
* * * * *
    (d) The owner or operator of an affected facility using an air
pollution control device other than a dry scrubber followed by a fabric
filter, a wet scrubber, a dry scrubber followed by a fabric filter and
a wet scrubber, or selective noncatalytic reduction technology to
comply with the emission limits under Sec.  60.52c shall install,
calibrate (to manufacturers' specifications), maintain, and operate the
equipment necessary to monitor the site-specific operating parameters
developed pursuant to Sec.  60.56c(j).
    (e) The owner or operator of an affected facility shall obtain
monitoring data at all times during HMIWI operation except during
periods of monitoring equipment malfunction, calibration, or repair. At
a minimum, valid monitoring data shall be obtained for 75 percent of
the operating hours per day for 90 percent of the operating days per
calendar quarter that the affected facility is combusting hospital
waste and/or medical/infectious waste.
    (f) The owner or operator of an affected facility as defined in
Sec.  60.50c(a)(3) and (4) shall ensure that each HMIWI subject to the
emission limits in Sec.  60.52c undergoes an initial air pollution
control device inspection that is at least as protective as the
following:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect air pollution control device(s) for proper operation,
if applicable;
    (ii) Ensure proper calibration of thermocouples, sorbent feed
systems, and any other monitoring equipment; and
    (iii) Generally observe that the equipment is maintained in good
operating condition.
    (2) Within 10 operating days following an air pollution control
device inspection, all necessary repairs shall be completed unless the
owner or operator obtains written approval from the Administrator
establishing a date whereby all necessary repairs of the designated
facility shall be completed.
    (g) The owner or operator of an affected facility as defined in
Sec.  60.50c(a)(3) and (4) shall ensure that each HMIWI subject to the
emission limits under Sec.  60.52c undergoes an air pollution control
device inspection

annually (no more than 12 months following the previous annual air
pollution control device inspection), as outlined in paragraphs (f)(1)
and (f)(2) of this section.
    (h) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4) that use an air pollution control device that includes a fabric
filter and are not demonstrating compliance using PM CEMS, determine
compliance with the PM emission limit using a bag leak detection system
and meet the requirements in paragraphs (h)(1) through (h)(12) of this
section for each bag leak detection system.
    (1) Each triboelectric bag leak detection system shall be
installed, calibrated, operated, and maintained according to the
``Fabric Filter Bag Leak Detection Guidance,'' (EPA-454/R-98-015,
September 1997). This document is available from the U.S. Environmental
Protection Agency (U.S. EPA); Office of Air Quality Planning and
Standards; Sector Policies and Programs Division; Measurement Policy
Group (D-243-02), Research Triangle Park, NC 27711. This document is
also available on the Technology Transfer Network (TTN) under Emission
Measurement Center Continuous Emission Monitoring. Other types of bag
leak detection systems shall be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's written
specifications and recommendations.
    (2) The bag leak detection system shall be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic
foot) or less.
    (3) The bag leak detection system sensor shall provide an output of
relative PM loadings.
    (4) The bag leak detection system shall be equipped with a device
to continuously record the output signal from the sensor.
    (5) The bag leak detection system shall be equipped with an audible
alarm system that will sound automatically when an increase in relative
PM emissions over a preset level is detected. The alarm shall be
located where it is easily heard by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak
detector shall be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag
leak detector shall be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (9) The baseline output shall be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the
``Fabric Filter Bag Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the sensitivity or
range, averaging period, alarm set points, or alarm delay time may not
be adjusted. In no case may the sensitivity be increased by more than
100 percent or decreased more than 50 percent over a 365-day period
unless such adjustment follows a complete fabric filter inspection that
demonstrates that the fabric filter is in good operating condition.
Each adjustment shall be recorded.
    (11) Record the results of each inspection, calibration, and
validation check.
    (12) Initiate corrective action within 1 hour of a bag leak
detection system alarm; operate and maintain the fabric filter such
that the alarm is not engaged for more than 5 percent of the total
operating time in a 6-month block reporting period. If inspection of
the fabric filter demonstrates that no corrective action is required,
no alarm time is counted. If corrective action is required, each alarm
is counted as a minimum of 1 hour. If it takes longer than 1 hour to
initiate corrective action, the alarm time is counted as the actual
amount of time taken to initiate corrective action.
    17. Section 60.58c is amended as follows:
    a. By revising paragraph (a)(2)(iv);
    b. By redesignating paragraphs (b)(2)(viii) through (b)(2)(xv) as
paragraphs (b)(2)(ix) through (b)(2)(xvi);
    c. By adding paragraph (b)(2)(viii);
    d. By revising newly designated paragraph (b)(2)(xvi);
    e. By adding paragraphs (b)(2)(xvii) through (b)(2)(xix);
    f. By revising paragraphs (b)(6) and (b)(11);
    g. By revising paragraph (c) introductory text;
    h. By revising paragraphs (c)(1) and (c)(2);
    i. By adding paragraph (c)(4);
    j. By revising paragraph (d) introductory text;
    k. By revising paragraphs (d)(1) through (d)(3);
    l. By adding paragraphs (d)(9) through (d)(11); and
    m. By adding paragraph (g).

Sec.  60.58c  Reporting and recordkeeping requirements.

    (a) * * *
    (2) * * *
    (iv) If applicable, the petition for site-specific operating
parameters under Sec.  60.56c(j).
* * * * *
    (b) * * *
    (2) * * *
    (viii) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4), amount and type of NOX reagent used during each hour of
operation, as applicable;
* * * * *
    (xvi) For affected facilities complying with Sec.  60.56c(j) and
Sec.  60.57c(d), the owner or operator shall maintain all operating
parameter data collected;
    (xvii) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4), records of the annual air pollution control device inspections,
any required maintenance, and any repairs not completed within 10 days
of an inspection or the timeframe established by the Administrator.
    (xviii) For affected facilities as defined in Sec.  60.50c(a)(3)
and (4), records of each bag leak detection system alarm, the time of
the alarm, the time corrective action was initiated and completed, and
a brief description of the cause of the alarm and the corrective action
taken, as applicable.
    (xix) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4), concentrations of CO as determined by the continuous emission
monitoring system.
* * * * *
    (6) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish or re-establish operating parameters, as
applicable, and a description, including sample calculations, of how
the operating parameters were established or re-established, if
applicable.
* * * * *
    (11) Records of calibration of any monitoring devices as required
under Sec.  60.57c(a) through (d).
    (c) The owner or operator of an affected facility shall submit the
information specified in paragraphs (c)(1) through (c)(4) of this
section no later than 60 days following the initial performance test.
All reports shall be signed by the facilities manager.
    (1) The initial performance test data as recorded under Sec.
60.56c(b)(1) through (b)(14), as applicable.
    (2) The values for the site-specific operating parameters
established pursuant to Sec.  60.56c(d), (h), or (j), as applicable,
and a description, including sample calculations, of how the operating
parameters were established during the initial performance test.
* * * * *

    (4) For each affected facility as defined in Sec.  60.50c(a)(3) and
(4) that uses a bag leak detection system, analysis and supporting
documentation demonstrating conformance with EPA guidance and
specifications for bag leak detection systems in Sec.  60.57c(h).
    (d) An annual report shall be submitted 1 year following the
submission of the information in paragraph (c) of this section and
subsequent reports shall be submitted no more than 12 months following
the previous report (once the unit is subject to permitting
requirements under title V of the Clean Air Act, the owner or operator
of an affected facility must submit these reports semiannually). The
annual report shall include the information specified in paragraphs
(d)(1) through (11) of this section. All reports shall be signed by the
facilities manager.
    (1) The values for the site-specific operating parameters
established pursuant to Sec.  60.56(d), (h), or (j), as applicable.
    (2) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded for the calendar year being reported, pursuant to Sec.
60.56(d), (h), or (j), as applicable.
    (3) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded pursuant to Sec.  60.56(d), (h), or (j) for the calendar year
preceding the year being reported, in order to provide the
Administrator with a summary of the performance of the affected
facility over a 2-year period.
* * * * *
    (9) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4), records of the annual air pollution control device inspection, any
required maintenance, and any repairs not completed within 10 days of
an inspection or the timeframe established by the Administrator.
    (10) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4), records of each bag leak detection system alarm, the time of the
alarm, the time corrective action was initiated and completed, and a
brief description of the cause of the alarm and the corrective action
taken, as applicable.
    (11) For affected facilities as defined in Sec.  60.50c(a)(3) and
(4), concentrations of CO as determined by the continuous emission
monitoring system.
* * * * *
    (g) For affected facilities, as defined in Sec.  60.50c(a)(3) and
(4), that choose to submit an electronic copy of stack test reports to
EPA's WebFIRE data base, as of December 31, 2011, the owner or operator
of an affected facility shall enter the test data into EPA's data base
using the Electronic Reporting Tool located at http://www.epa.gov/ttn/
chief/ert/ert_tool.html.
    18. The heading to Table 1 to subpart Ec is revised to read as
follows:
    Table 1 to Subpart Ec of Part 60-Emission Limits for Small, Medium,
and Large HMIWI at Affected Facilities as Defined in Sec.  60.50c(a)(1)
and (2)
    19. Amend Subpart Ec by adding Table 1A to subpart Ec to read as
follows:

 Table 1A--to Subpart Ec of Part 60-Emission Limits for Small, Medium, and Large HMIWI at Affected Facilities as
                                     Defined in Sec.   60.50c(a)(3) and (4)
----------------------------------------------------------------------------------------------------------------
                                                                                Emission limits
                                                                 -----------------------------------------------
             Pollutant                 Units (7 percent oxygen,                     HMIWI size
                                              dry basis)         -----------------------------------------------
                                                                       Small          Medium           Large
----------------------------------------------------------------------------------------------------------------
Particulate matter.................  Milligrams per dry standard      39 (0.017)     23 (0.0099)     11 (0.0048)
                                      cubic meter (grains per
                                      dry standard cubic foot).
Carbon monoxide....................  Parts per million by volume             8.2             1.9             2.9
Dioxins/ furans....................  Nanograms per dry standard     8.3 (3.7) or  0.35 (0.16) or  0.60 (0.27) or
                                      cubic meter total dioxins/    0.0080 (0.00          0.0097  0.014 (0.0062)
                                      furans (grains per billion             35)        (0.0043)
                                      dry standard cubic feet)
                                      or nanograms per dry
                                      standard cubic meter TEQ
                                      (grains per billion dry
                                      standard cubic feet).
Hydrogen chloride..................  Parts per million by volume             4.5             1.8            0.75
Sulfur dioxide.....................  Parts per million by volume            0.78            0.78             1.9
Nitrogen oxides....................  Parts per million by volume              38              38             110
Lead...............................  Milligrams per dry standard    0.18 (0.079)   0.016 (0.070)         0.00047
                                      cubic meter (grains per                                          (0.00021)
                                      thousand dry standard
                                      cubic feet.
Cadmium............................  Milligrams per dry standard     0.012 (0.00          0.0071  0.00012 (0.000
                                      cubic meter (grains per                53)        (0.0031)            053)
                                      thousand dry standard
                                      cubic feet) or percent
                                      reduction.
Mercury............................  Milligrams per dry standard    0.0075 (0.00    0.0020 (0.00   0.00093 (0.00
                                      cubic meter (grains per                33)            088)            041)
                                      thousand dry standard
                                      cubic feet) or percent
                                      reduction.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-27732 Filed 11-28-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45705-45706]
[FR Doc No: 2015-18742]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0055]

Petition for Waiver of Compliance.

AGENCY: Federal Railroad Administration, DOT.

ACTION: Petition for Waiver of Compliance.

-----------------------------------------------------------------------

SUMMARY: This document provides the public notice that by a document
dated May 14, 2015, the Pacific Railroad Preservation Association
(PRPA) has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations.

DATES: Communications received by September 14, 2015 will be considered
by FRA before final action is taken. Comments received after that date
will be considered as far as practicable.

ADDRESSES: A copy of the petition, as well as any written
communications concerning the petition, is available for review online
at www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated May 14, 2015, the Pacific Railroad Preservation Association
(PRPA) has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR part 230--Steam Locomotive
Inspection and Maintenance Standards. FRA assigned the petition Docket
Number FRA-2015-0055.
    PRPA is the operator of Spokane, Portland, and Seattle steam
locomotive No. 700 (SP&S 700). PRPA is a member of the Oregon Rail
Heritage Foundation (ORHF) in Portland, Oregon. SP&S 700 is a 4-8-4
``Northern'' type of steam locomotive built by the Baldwin Locomotive
Works in 1938. PRPA typically operates SP&S 700 for 31 service days or
less per year, and expects to continue to do so in the future. PRPA
requests a 138-calendar-day extension as it pertains to the 1,472
service-day inspection of the boiler as

required by 49 CFR 230.17. SP&S 700 entered service on August 5, 2000.
PRPA will perform all other inspections as required by 49 CFR part 230.
The extension would allow the locomotive to operate through the winter
tourist holiday season until December 31, 2015.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
    See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov or interested parties may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477).

    Issued in Washington, DC, on July 22, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-18742 Filed 7-30-15; 8:45 am]
 BILLING CODE 4910-06-P