[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3554-3599]
[FR Doc No: 2016-31203]

Vol. 82

Wednesday,

No. 7

January 11, 2017

Part IV

Environmental Protection Agency

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40 CFR Part 62

Federal Plan Requirements for Commercial and Industrial Solid Waste
Incineration Units; Proposed Rule

Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 /
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2016-0664; FRL-9957-11-OAR]
RIN 2060-AT28

Federal Plan Requirements for Commercial and Industrial Solid
Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes the federal plan for existing commercial
and industrial incineration (CISWI) units. This proposed action
implements the Environmental Protection Agency's (EPA) emission
guidelines (EG) adopted on February 7, 2013, as amended on June 23,
2016, in states that do not have an approved state plan implementing
the EG in place by the effective date of this federal plan. The federal
plan will result in emissions reductions of certain pollutants from all
affected units covered.

DATES: Comments. Comments must be received on or before February 27,
2017.
    Public Hearing. A public hearing will be held if requested by
January 17, 2017.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2016-0664 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, Cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Dr. Nabanita Modak Fischer, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2016-0664. All documents in the docket are
listed in the Regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in Regulations.gov or in
hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building,
1301 Constitution Avenue NW., Washington, DC. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the EPA Docket Center is
(202) 566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2016-0664. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or email. The
http://www.regulations.gov Web site is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should not include
special characters or any form of encryption and be free of any defects
or viruses. For additional information about the EPA's public docket,
visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    Public Hearing. A public hearing will be held, if requested by
January 17, 2017, to accept oral comments on this proposed action. If a
hearing is requested, it will be held at the EPA WJC East Building,
Room 1117A, located at 1201 Constitution Avenue NW., Washington, DC.
The hearing, if requested, will begin at 9:00 a.m. (local time) and
will conclude at 4:00 p.m. (local time) on January 30, 2017, or,
January 26, 2017, whichever date is later. To request a hearing, to
register to speak at a hearing, or to inquire if a hearing will be
held, please contact Aimee St. Clair at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>The last day to pre-register to speak at a
hearing, if one is held, will be January 24, 2017. Additionally,
requests to speak will be taken the day of the hearing at the hearing
registration desk, although preferences on speaking times may not be
able to be fulfilled. Please note that registration requests received
before the hearing will be confirmed by the EPA via email.
    The EPA will make every effort to accommodate all speakers who
arrive and register. Because the hearing will be held at a U.S.
governmental facility, individuals planning to attend the hearing
should be prepared to show valid picture identification to the security
staff in order to gain access to the meeting room. Please note that the
REAL ID Act, passed by Congress in 2005, established new requirements
for entering federal facilities. If your driver's license is issued by
Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine,
Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of
Washington, you must present an additional form of identification to
enter the federal building. Acceptable alternative forms of
identification include: Federal employee badges, passports, enhanced
driver's licenses and military identification cards. In addition, you
will need to obtain a property pass for any personal belongings you
bring with you. Upon leaving the building, you will be required to
return this property pass to the security desk. No large signs will be
allowed in the building, cameras may only be used outside of the
building and demonstrations will not be

allowed on federal property for security reasons.
    Please note that any updates made to any aspect of the hearing,
including whether or not a hearing will be held, will be posted online
at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. We ask that you
contact Aimee St. Clair at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>or monitor our Web site to determine if a hearing
will be held. The EPA does not intend to publish a document in the
Federal Register announcing any such updates. Please go to https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new for more information on the
public hearing.
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

AG Attorney General
CAA Clean Air Act
CBI Confidential business information
Cd Cadmium
CFR Code of Federal Regulations
CISWI Commercial and industrial solid waste incineration
CO Carbon monoxide
CPMS Continuous parameter monitoring system
dscm Dry standard cubic meter
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
ESP Electrostatic precipitator
FF Fabric filter
HAP Hazardous air pollutants
HCl Hydrogen chloride
Hg Mercury
IBR Incorporation by reference
ICR Information collection request
MACT Maximum achievable control technology
mg/dscm Milligrams per dry standard cubic meter
NAICS North American Industrial Classification System
NESHAP National emission standards for hazardous air pollutants
ng/dscm Nanograms per dry standard cubic meter
NOX Nitrogen oxides
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PCB Hydrocarbons and polychlorinated biphenyls
PCDD Polychlorinated dibenzo-p-dioxins
PCDF Polychlorinated dibenzofurans
PM Particulate matter (filterable, unless otherwise specified)
PM2.5 Particulate matter (diameter less than or equal to
2.5 micrometers)
ppm Parts per million
ppmv Parts per million by volume
ppmvd Parts per million by dry volume
PS Performance Specification
RCRA Resource Conservation and Recovery Act
RIN Regulatory Information Number
SO2 Sulfur dioxide
The Court United States Court of Appeals for the District of
Columbia Circuit
Tpy Tons per year
ug/dscm Micrograms per dry standard cubic meter
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards

    Organization of This Document. The following outline is provided to
aid in locating information in this preamble.

I. General Information
    A. Does the proposed action apply to me?
    B. What should I consider as I prepare my comments?
II. Background Information
    A. What is the regulatory development background for this
proposed rule?
    B. What is the purpose of this proposed rule?
    C. What is the status of state plan submittals?
III. Affected Facilities
    A. What is a CISWI unit?
    B. Does the federal plan apply to me?
    C. How do I determine if my CISWI unit is covered by an approved
and effective state plan?
IV. Elements of the CISWI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected CISWI Units
    C. Inventory of Emissions
    D. Compliance Schedules
    E. Emissions Limits and Operating Limits
    F. Operator Training and Qualification Requirements
    G. Testing, Monitoring, Recordkeeping, and Reporting
Requirements
    H. Record of Public Hearings
    I. Progress Reports
V. Summary of Proposed CISWI Federal Plan Requirements
    A. What are the proposed applicability requirements?
    B. What are the proposed compliance schedules?
    C. What emissions and operating limits is the EPA proposing to
incorporate into the federal plan?
    D. What are the proposed performance testing and monitoring
requirements?
    E. What are the proposed recordkeeping and reporting
requirements?
    F. What are the other proposed requirements?
VI. CISWI Units That Have or Will Shut Down
    A. Units That Plan to Close
    B. Inoperable Units
    C. CISWI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Mechanisms for Transferring Authority
    C. Implementing Authority
    D. Delegation of the Federal Plan and Retained Authorities
VIII. Title V Operating Permits
    A. Title V and Delegation of a Federal Plan
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does the proposed action apply to me?

    Regulated Entities. Owners or operators of existing CISWI units
that are subject to the existing federal plan implementing the December
1, 2000 EG, and units not already subject to an EPA-approved and
effective state plan implementing the February 7, 2013, EG, may be
regulated by this final action. Existing CISWI units are those that
commenced construction on or before June 4, 2010 or that commenced
modification or reconstruction after June 4, 2010 but no later than
August 7, 2013. Regulated categories and entities include those that
operate CISWI units. Although there is no specific North American
Industry Classification System (NAICS) code for CISWI units, these
units may be operated by the categories of sources listed in Table 1:

           Table 1--Examples of Potentially Regulated Entities
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                                                        Examples of
           Category               NAICS \1\ Code   potentially regulated
                                                          entities
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Any industrial or commercial        211, 212, 486  Mining; oil and gas
 facility using a solid waste                 221   exploration
 incinerator.                                       operations; pipeline
                                                    operators.
                                                   Utility providers.
                                    321, 322, 337  Manufacturers of wood
                                                    products;
                                                    manufacturers of
                                                    pulp, paper and
                                                    paperboard;
                                                    manufacturers of
                                                    furniture and
                                                    related products.
                                         325, 326  Manufacturers of
                                                    chemicals and allied
                                                    products;
                                                    manufacturers of
                                                    plastics and rubber
                                                    products.
                                              327  Manufacturers of
                                                    cement; nonmetallic
                                                    mineral product
                                                    manufacturing.
                                         333, 336  Manufacturers of
                                                    machinery;
                                                    manufacturers of
                                                    transportation
                                                    equipment.
                                          423, 44  Merchant wholesalers,
                                                    durable goods;
                                                    retail trade.
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\1\ North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a
general guide for identifying entities likely to be affected by the
proposed action. To determine whether a facility would be affected by
this action, please examine the applicability criteria in 40 CFR
62.14510 to 62.14525 of subpart III being proposed here. Questions
regarding the applicability of this action to a particular entity
should be directed to the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

B. What should I consider as I prepare my comments?

    Submitting CBI. Do not submit information that you consider to be
CBI electronically through http://www.regulations.gov or email. For
comments on the CISWI Federal Plan proposal, send or deliver
information identified as CBI to only the following address: OAQPS
Document Control Officer (Room C404-02), U.S. EPA, Research Triangle
Park, North Carolina 27711, Attn: Docket ID No. EPA-HQ-OAR-2016-0664.
    Clearly mark the part or all of the information that you claim to
be CBI. For CBI on a disk or CD-ROM that you mail to the EPA, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information marked as CBI will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.
    World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed action is available on the Internet
through the Technical Air Pollution Resources Web site. Following
signature by the Administrator, the EPA will post a copy of this
proposed action at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. The Technical Air Pollution Resources Web site provides
information and technology exchange in various areas of air pollution
control. Additional information is also available at the same Web site.

II. Background Information

A. What is the regulatory development background for this proposed
rule?

    Section 129 of the Clean Air Act (CAA), titled, ``Solid Waste
Combustion,'' requires the EPA to develop and adopt standards for solid
waste incineration units pursuant to CAA sections 111 and 129.
    On March 21, 2011, the EPA promulgated revised new source
performance standards (NSPS) and EG for CISWI units. Following this
action, the Administrator received petitions for reconsideration that
identified certain issues that warranted further opportunity for public
comment. In response to the petitions, the EPA reconsidered and
requested comment on several provisions of the February 2011 final NSPS
and EG for CISWI incineration units. The EPA published the proposed
revisions to the NSPS and EG for CISWI units on December 23, 2011 (76
FR 80452).
    On February 7, 2013, the EPA promulgated the final reconsidered
NSPS and EG for CISWI units (78 FR 9112). The final rule made some
revisions to the December 2011 proposed reconsideration rule in
response to comments and additional information received. Following
that action, the EPA again received petitions for reconsideration.
These petitions stated certain provisions should be reconsidered and
that the public lacked sufficient opportunity to comment on some of the
provisions contained in the final 2013 CISWI rule. On January 21, 2015,
the EPA reconsidered and requested comment on four provisions of the
2013 final NSPS and EG for CISWI units. Additionally, the EPA proposed
clarifying changes and corrections to the final rule, some of which
were raised in petitions for reconsideration of the 2013 CISWI rule. On
June 23, 2016, the EPA promulgated the final reconsidered NSPS and EG
for CISWI units (81 FR 40956). For a more detailed background and
additional information on how this rule is related to other CAA
combustion rules issued under CAA section 112 and the Resource
Conservation and Recovery Act (RCRA) definition of solid waste, refer
to prior documents (76 FR 15704, 78 FR 9112).
    Sections 111(b) and 129(a) of the CAA address emissions from new
units (i.e., NSPS), and CAA sections 111(d) and 129(b) address
emissions from existing units (i.e., EG). The NSPS are federal
regulations directly enforceable upon CISWI units, and, under CAA
section 129(f)(1), become effective 6 months after promulgation. Unlike
the NSPS, the EG provide direction for developing state plans; however,
the EG are not themselves directly enforceable. The EG are implemented
and enforced under an EPA approved state or tribal plan or EPA adopted
federal plan once the state, tribal, or federal plan has become
effective.
    Section 129(b)(2) of the CAA directs states with existing CISWI
unit(s) subject to the EG to submit plans to the EPA that implement and
enforce the EG. The deadline for states to submit state plans to the
EPA for review was February 7, 2014 (see 78 FR 9121-2, February 7,
2013).\1\ Sections 111 and 129(b)(3) of the CAA and 40 CFR 60.27(c) and
(d) require the EPA to develop, implement and enforce a federal plan
for CISWI units in any state without an approvable state plan within

2 years after promulgation of the EG. This action proposes the CISWI
Federal Plan. In this proposal, the EPA is soliciting comment only on
the implementation of the final CISWI EG through the proposed federal
plan. The EPA is not reopening the underlying CISWI rule for public
comment and does not intend to address any comments on the underlying
CISWI rule.\2\
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    \1\ Several states did not submit plans to the EPA by this date.
    \2\ Many aspects of the CISWI rule were challenged in the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit or Court) in American Forest and Paper Association (AFPA) v.
EPA, and the Court rejected all challenges to the standards and
other provisions being implemented in this federal plan. See AFPA v.
EPA, 830 F.3d 579 (D.C. Cir. 2016).
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    The EPA anticipates that facilities in approximately eight states
and four U.S. territories will need to rely on the CISWI Federal Plan.

B. What is the purpose of this proposed rule?

    Section 129(b)(2) of the CAA requires states to implement the EG
for existing solid waste incineration units, including CISWI units.
States with existing CISWI units were required to submit to the EPA
within 1 year following promulgation of the EG (by February 7, 2014)
state plans that are at least as protective as the EG. Sections 111 and
129 of the CAA and 40 CFR 60.27(c) and (d) require the EPA to develop,
implement, and enforce a federal plan in states which have not
submitted an approvable plan. The EPA is proposing the CISWI Federal
Plan so that a promulgated federal plan will be effective in any state
that fails to provide an approvable state plan, thus, ensuring
implementation and enforcement of the final CISWI EG.
    The regulations require states without any existing CISWI units to
submit to the Administrator a letter of negative declaration certifying
that there are no CISWI units in the state (See 40 CFR 62.06). No plan
is required for states that do not have any CISWI units. CISWI units
located in states that mistakenly submit a letter of negative
declaration are subject to the federal plan, once effective, until a
state plan regulating those CISWI units is approved. State plans that
have been submitted to implement the final CISWI EG,\3\ have either
been approved or are currently undergoing EPA review. This proposed
CISWI Federal Plan will implement the final CISWI EG in those states
that do not have an approved state plan in place by the effective date
of this federal plan. If a state or tribal plan is approved in part,
the federal plan will apply to the affected CISWI units in lieu of the
disapproved portions of the state plan until the state or tribe
addresses the deficiencies in the state plan and the revised state plan
is approved by the EPA. Prior to any disapproval, the EPA will work
with states and tribes to attempt to reconcile areas of the plan that
remain inconsistent with the EG.
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    \3\ The ``final CISWI EG'' means the provision of 40 CFR part
60, subpart DDDD, including the revisions published on June 23, 2016
(81 FR 40956). As noted in the June 23 2016 preamble, the final
CISWI EG action granted reconsideration and addressed certain
aspects of the February 7 2013, rule, which itself was issued to
grant reconsideration of aspects of the March 21 2011, rule. See
Section II.A of this preamble for more discussion on the background
of the final CISWI EG.
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    Incineration of solid waste at commercial and industrial facilities
causes the release of a wide array of air pollutants, some of which
exist in the waste feed material and are released unchanged during
combustion, and some of which are generated as a result of the
combustion process itself.\4\ The EPA estimated in the 2013 rule that
once the state plans and federal plan become effective, a total
emissions reduction of the regulated pollutants would occur as follows:
Acid gases (i.e., hydrogen chloride (HCl) and sulfur dioxoide
(SO2)), about 7,046 tons per year (tpy); particulate matter
(PM) about 2,401 tpy; non-Hg metals (i.e., lead (Pb) and cadmium (Cd))
about 4.5 tpy; carbon monoxide (CO) about 20,000 tpy; nitrogen oxide
(NOX) about 5,399 tpy; and mercury (Hg) about 688 pounds per
year. The EPA also estimated that air pollution control devices
installed to comply with the 2013 rule would also effectively reduce
emissions of pollutants such as 7-polycyclic aromatic hydrocarbons and
polychlorinated biphenyls (PCB).\5\ The 2016 rule did not significantly
change the emission reduction estimates presented in the 2013 rule,
other than estimating slightly less in PM reductions for the waste-
burning kiln subcategory (See 81 FR 40969, June 23, 2016).
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    \4\ See 78 FR 9131-9133 to reference the impacts of the EG
adopted on February 7, 2013.
    \5\ See 75 FR 31970 (June 4, 2010), where polycyclic organic
matter (POM) and polychlorinated biphenyl (PCB) emission reductions
are discussed.
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C. What is the status of state plan submittals?

    Sections 111(d) and 129(b)(3) of the CAA, 42 U.S.C. 7411(d) and
7429(b)(3), authorize and require the EPA to develop and implement a
federal plan for CISWI units located in states with no approved and
effective state plan. Table 2 below lists the status of state plans as
of the signature date for this proposal. Additionally, Table 2 lists
states and local agencies that submitted negative declarations and/or
those which have indicated that they intend to take delegation of the
federal plan.

              Table 2--Status of State and Territory Plans
------------------------------------------------------------------------
                 Status                               States
------------------------------------------------------------------------
I. EPA-Approved Implementation Plans...  None so far.
II. Indicated intent to Submit Negative  Massachusetts; Delaware;
 Declarations to the EPA.                 Maryland; North Carolina;
                                          Georgia; Mississippi;
                                          Minnesota; Arizona;
                                          California; Hawaii; Idaho.
III. Negative Declaration Submitted to   Connecticut; New Hampshire;
 the EPA.                                 Vermont; Rhode Island; Virgin
                                          Islands; District of Columbia;
                                          New Mexico; City of
                                          Albuquerque; Montana.
IV. Final Implementation Plans           Alabama; Florida; South
 Submitted to the EPA.                    Carolina; North Dakota;
                                          Oregon.
V. Draft Implementation Plans Submitted  West Virginia; Virginia.
 to the EPA.
VI. EPA Has Not Received a Draft or      New York; Illinois; Indiana;
 Final Implementation Plan or Negative    Texas; Louisiana; Oklahoma;
 Declaration.                             Arkansas; Kansas; Missouri;
                                          Nebraska; Utah; Wyoming; South
                                          Dakota; Washington.
VII. Indicated Intent to Submit State    Kentucky; Tennessee; Michigan;
 Implementation Plan to the EPA.          Colorado.
VIII. Indicated Intent to Accept         Maine; New Jersey; Puerto Rico;
 Delegation of Federal Plan.              Pennsylvania.
IX. Indicated Intent to Accept Federal   Ohio; Wisconsin; Iowa; Nevada;
 Plan Implementation by the EPA.          American Samoa; Guam; Alaska;
                                          Commonwealth of the Northern
                                          Mariana Islands.
------------------------------------------------------------------------

    As the EPA Regional offices approve implementation plans, they will
also, in the same action, amend the appropriate subpart of 40 CFR part
62 to codify their approvals. The EPA will maintain a list of
implementation plan submittals and approvals on the Technical Air
Pollution Resources Web site at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. The list will help CISWI unit owners or operators determine
whether their CISWI units are affected by a state plan or the federal
plan.
    CISWI owners or operators can also contact the EPA Regional office
for the state in which their CISWI units are located to determine
whether there is an approved and effective state plan in place. Table 3
lists the names, email addresses, and telephone numbers of the EPA
Regional office contacts and the states and territories that they
cover.

                                        Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
             Region                    Regional contact             Phone             States and territories
----------------------------------------------------------------------------------------------------------------
Region I........................  Patrick Bird,<PHONE_NUMBER>  Connecticut, Massachusetts,
<EMAIL_ADDRESS>                         Maine, New Hampshire, Rhode
                                                                                Island, Vermont.
Region II.......................  Ted Gardella,<PHONE_NUMBER>  New York, New Jersey, Puerto
<EMAIL_ADDRESS>                     Rico, Virgin Islands.
Region III......................  Mike Gordon,<PHONE_NUMBER>  Virginia, Delaware, District of
<EMAIL_ADDRESS>                          Columbia, Maryland,
                                                                                Pennsylvania, West Virginia.
Region IV.......................  Keith Goff,<PHONE_NUMBER>  Florida, Georgia, North
<EMAIL_ADDRESS>          (404) 562-9208   Carolina, Alabama, Kentucky,
                                  Jason Dressler,<PHONE_NUMBER>   Mississippi, South Carolina,
<EMAIL_ADDRESS>                       Tennessee.
                                  Mark Bloeth,
<EMAIL_ADDRESS>Region V........................  Margaret Sieffert,<PHONE_NUMBER>  Minnesota, Wisconsin, Illinois,
<EMAIL_ADDRESS>                    Indiana, Michigan, Ohio.
Region VI.......................  Kenneth Boyce,<PHONE_NUMBER>  Arkansas, Louisiana, New
<EMAIL_ADDRESS>                        Mexico, Oklahoma, Texas.
Region VII......................  Lisa Hanlon,<PHONE_NUMBER>  Iowa, Kansas, Missouri,
<EMAIL_ADDRESS>                          Nebraska.
Region VIII.....................  Ethan Aumann,<PHONE_NUMBER>  Colorado, Montana, North
<EMAIL_ADDRESS>                         Dakota, South Dakota, Utah,
                                                                                Wyoming.
Region IX.......................  Shaheera Kelly,<PHONE_NUMBER>  Arizona, California, Hawaii,
<EMAIL_ADDRESS>     (415) 972-3965   Nevada, American Samoa, Guam,
                                  Mark Sims,                                      Northern Mariana Islands.
<EMAIL_ADDRESS>Region X........................  Katharine Owens,<PHONE_NUMBER>  Washington.
<EMAIL_ADDRESS>                                  John Pavitt,<PHONE_NUMBER>  Alaska.
<EMAIL_ADDRESS>         (206) 553-2117  Idaho, Oregon.
                                  Madonna Narvaez,
<EMAIL_ADDRESS>----------------------------------------------------------------------------------------------------------------

III. Affected Facilities

A. What is a CISWI unit?

    A ``CISWI'' unit is any unit located at a commercial or industrial
facility that combusts any amount of solid waste, as defined in 40 CFR
part 241, that is not otherwise exempted from CISWI. See 40 CFR 60.2555
(listing solid waste incineration units that are not subject to CISWI).
The affected facility under CISWI is each individual CISWI unit. This
proposed federal plan defines four subcategories for existing CISWI
units in 40 CFR part 62.14840 of subpart III: Incinerators (i.e., units
designed to burn discarded waste materials for the purpose of
disposal); small, remote incinerators; energy recovery units (ERUs)
(i.e., units that would be boilers or process heaters if they did not
combust solid waste); and waste burning kilns (i.e., units that would
be cement kilns if they did not combust solid waste). We have further
subcategorized ERUs into three subcategories and waste burning kilns
into two subcategories for CO emission limits only.

B. Does the federal plan apply to me?

    The federal plan will apply to the owner or operator of an existing
CISWI unit that was constructed on or before June 4, 2010, or commenced
modification or reconstruction after June 4, 2010, but no later than
August 7, 2013, and that is not subject to an approved and effective
state plan as of the effective date of the final federal plan
notice.\6\ The federal plan would apply to the CISWI unit until the EPA
approves a state plan that regulates the CISWI unit and that state plan
becomes effective.\7\ If the construction of a CISWI unit began after
June 4, 2010, or modification of a CISWI unit began after August 7,
2013, the unit is a new CISWI unit and would be subject to the NSPS at
40 CFR part 60, subpart CCCC. The specific applicability of the
proposed federal plan is described at 40 CFR 62.14510 through 62.14531
of subpart III in the proposed rule.
---------------------------------------------------------------------------

    \6\ The federal plan will become effective 30 days after final
promulgation.
    \7\ A state plan is effective on the date specified in the
document published in the Federal Register announcing the EPA's
approval of the plan.
---------------------------------------------------------------------------

    This action will not preclude states from submitting a state plan
at a later time. If a state submits a plan after the promulgation of
the CISWI Federal Plan, the EPA will review and approve or disapprove
the state plan.\8\ If the EPA approves a plan, then the CISWI Federal
Plan will no longer apply to CISWI units covered by the state plan. If
a CISWI unit was overlooked by a state and the state submitted a
negative declaration letter, or if an individual CISWI unit was not
covered by an approved and effective state plan, the CISWI unit would
be subject to the federal plan after the effective date of the final
plan.
---------------------------------------------------------------------------

    \8\ An approved state plan is a plan developed by a state that
the EPA has reviewed and approved based on the requirements in 40
CFR part 60, subpart B, to implement 40 CFR part 60, subpart DDDD.
---------------------------------------------------------------------------

C. How do I determine if my CISWI unit is covered by an approved and
effective state plan?

    Part 62 of Title 40 of the CFR identifies the status of approval
and promulgation of CAA section 111(d) and CAA section 129(b) state
plans for designated facilities in each state. However, the print
version of 40 CFR part 62 is updated only once per year. Thus, if 40
CFR part 62 does not indicate that a state has an approved and
effective plan, please contact the state environmental agency's air
director or the EPA's Regional office (see Table 3 in section II.C of
this preamble) to determine if a state plan was approved since
publication of the most recent version of 40 CFR part 62. Also note
that the Electronic Code of Federal

Regulations (http://www.ecfr.gov/cgi-bin/ECFR?page=browse) is updated
periodically, so may be a better source to obtain an update on state
plan status.

IV. Elements of the CISWI Federal Plan

    Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d)
and 7429(b)(2), require states to develop and implement state plans for
CISWI units to implement and enforce the final EG. Accordingly, subpart
DDDD of 40 CFR part 60 requires states to submit state plans that
include specified elements. Because this proposed federal plan will
establish standards in the absence of an approved and effective state
plan, this proposed plan includes the same essential elements as a
state plan: (1) Identification of legal authority and mechanisms for
implementation; (2) inventory of CISWI units; (3) emissions inventory;
(4) compliance schedules; (5) emissions limits and operating limits;
(6) operator training and qualification; (7) testing, monitoring,
recordkeeping, and reporting; (8) public hearing; and (9) progress
reporting. See Proposed regulations at 40 CFR part 62, subpart III and
sections 111 and 129 of the CAA. Below, we explain the proposed federal
plan elements in detail.

A. Legal Authority and Enforcement Mechanism

    Sections 111(d) and 129(b)(3) of the CAA direct the EPA to develop
a federal plan for states that do not submit approvable state plans.
Sections 111 and 129 of the CAA provide the EPA with the authority to
implement and enforce the federal plan in cases where the state fails
to submit a satisfactory state plan. Pursuant to section 129(f)(2),
compliance with the EG cannot be later than 5 years after the relevant
EG are promulgated (i.e., by February 7, 2018).\9\
---------------------------------------------------------------------------

    \9\ See 78 FR 9125-6 (February 7, 2013) for further discussion
on compliance dates.
---------------------------------------------------------------------------

B. Inventory of Affected CISWI Units

    The docket for the proposed federal plan includes an inventory of
the CISWI units that may potentially be covered by this federal plan in
the absence of approved state plans. (See Docket ID No. EPA-HQ-OAR-
2016-0664 and 40 CFR 62.14521.) This inventory contains 106 CISWI units
in 28 states. It is based on information collected from EPA Regions,
states, CISWI facilities, and review of existing CISWI inventories,
title V permits, emissions test reports, and facility Web sites. The
EPA recognizes that this list may not be complete. Therefore, sources
potentially subject to this proposed federal plan may include, but are
not limited to, the CISWI units listed in Docket No. EPA-HQ-OAR-2016-
0664. Any unit that meets the applicability criteria in the proposed
federal plan rule will be subject to the federal plan, regardless of
whether it is listed in the inventory. The EPA requests that states or
individuals identify additional sources for inclusion on the list
during the comment period for this proposal.

C. Inventory of Emissions

    This proposed federal plan includes emissions estimates for
existing CISWI units. The pollutants inventoried are Cd, CO,
polychlorinated dibenzo-p-dioxins/polychlorinated dibenzofurans (PCDD/
PCDF), HCl, Pb, Hg, PM, NOX, and SO2. For this
proposal, the EPA has estimated the emissions from each known CISWI
unit that potentially may be covered by the proposed federal plan for
the nine pollutants regulated by the EG and covered by the proposed
federal plan. The emissions inventory is based on available information
about CISWI units and typical emissions rates developed for calculating
nationwide air impacts of the EG. Refer to the inventory memorandum
``CISWI Federal Plan Inventory,'' December 9, 2016 in Docket No. EPA-
HQ-OAR-2016-0664 for the complete updated emissions inventory.

D. Compliance Schedules

    The CAA provides that owners or operators of affected CISWI units
must comply no later than 5 years after the effective date of the final
CISWI EG (i.e., February 7, 2018) or within 3 years from state plan
approval (or promulgation of a federal plan), whichever is earlier. See
CAA section 129(f)(2). The EPA aims to take final action on this
proposal in 2017 and, thus, proposes to allow the maximum time
statutorily permitted for compliance with the federal plan, that is
until February 7, 2018.

E. Emissions Limits and Operating Limits

    The proposed federal plan contains emissions limits that correspond
to the final CISWI EG. (See 40 CFR 62.14630 through 62.14645.) The
emissions limits in this proposed CISWI Federal Plan are the same as
those contained in the final CISWI EG. (See proposed Table 5 of this
preamble.) This action does not revise the final limits; instead, it
simply implements the previously promulgated limits for existing
sources in states that have not adopted a state plan. Section V.C of
this preamble discusses the final CISWI EG emissions limits.

F. Operator Training and Qualification Requirements

    The proposed federal plan requires that the owner or operator must
qualify operators or their supervisors (at least one per facility) by
ensuring that they complete an operator training course and annual
review or refresher course. (See 40 CFR 62.14595 through 62.14625.)
This proposed federal plan also contains operator training and
qualification requirements that correspond to the final CISWI EG.

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    The proposed federal plan includes testing, monitoring,
recordkeeping, and reporting requirements. (See 40 CFR 62.14650 through
62.14760.) These proposed requirements correspond with the final CISWI
EG. Testing, monitoring, recordkeeping and reporting requirements will
assure initial and ongoing compliance.

H. Record of Public Hearings

    This proposed federal plan provides an opportunity for public
participation in adopting the plan. If requested to do so, the EPA will
hold a public hearing at the EPA's office buildings in Washington, DC.
A record of the public hearing, if any, will appear in Docket ID No.
EPA-HQ-OAR-2016-0664. If a public hearing is requested and held, the
EPA may ask clarifying questions during the oral presentation, but will
not respond to the presentations or comments at that time. Written
statements and supporting information submitted during the public
comment period will be considered with equivalent weight as any oral
statement and supporting information subsequently presented at a public
hearing, if held.

I. Progress Reports

    The proposed federal plan requests that the EPA Regional Offices
prepare annual progress reports to show the progress of CISWI units
toward implementation of the EG. States that have been delegated the
authority to implement and enforce this federal plan will be required
to submit annual progress reports to the appropriate EPA Regional
Office as part of their delegation (See section VII.D). Each progress
report must include the following items: (1) Status of enforcement
actions; (2) identification of sources that have shut down or started
operation; (3) emissions inventory data for sources that were not in
operation at the time of plan development, but that began operation
during the reporting period; (4)

additional data as necessary to update previously submitted source and
emissions information; and (5) copies of technical reports on any
performance testing and monitoring. The EPA plans to request that the
EPA Regional offices prepare progress reports to show the progress of
CISWI units towards the implementation of EG.

V. Summary of Proposed CISWI Federal Plan Requirements

    The proposed CISWI Federal Plan requirements are described below.
Table 4 lists each element and identifies where it is located or
codified.

          Table 4--Elements of the Proposed CISWI Federal Plan
------------------------------------------------------------------------
   Element of the CISWI 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 CISWI units......  Docket ID No. EPA-HQ-OAR-2016-
                                          0664.
Inventory of emissions.................  Docket ID No. EPA-HQ-OAR-2016-
                                          0664.
Compliance schedules...................  40 CFR 62.14535 to 62.14575.
Emissions limits and operating limits..  40 CFR 62.14630 to 62.14645.
Operator training and qualification....  40 CFR 62.14595 to 62.14625.
Testing, monitoring, recordkeeping and   40 CFR 62.14650 to 62.14760.
 reporting.
Record of public hearings..............  Docket ID No. EPA-HQ-OAR-2016-
                                          0664.
Progress reports.......................  Section IV.I of this preamble.
------------------------------------------------------------------------

A. What are the proposed applicability requirements?

    The proposed federal plan applicability reflects the final CISWI
EG. The proposed federal plan applies to existing CISWI units meeting
the applicability of 40 CFR 62.14510 that are located in any state that
does not currently have an approved state plan in place. Existing CISWI
units are all CISWI units for which construction commenced on or before
June 4, 2010. All CISWI units for which construction commenced after
June 4, 2010, or for which modification or reconstruction commenced
after August 7, 2013, are ``new'' sources subject to NSPS emissions
limits (40 CFR part 60, subpart CCCC). The federal plan requirements
apply to owners and/or operators of incineration units combusting solid
waste (as defined under RCRA) and located at commercial or industrial
facilities (i.e., CISWI units (as defined in the proposed rule at 40
CFR 62.14840)). Four subcategories are defined for existing units:
incinerators (i.e., units designed to burn discarded waste materials
for the purpose of disposal); small, remote incinerators; ERUs (i.e.,
units that would be boilers or process heaters if they did not combust
solid waste); and waste burning kilns (i.e., units that would be cement
kilns if they did not combust solid waste). The final CISWI EG further
subcategorized ERUs into three subcategories and waste burning kilns
into two subcategories for CO emission limits only.

B. What are the proposed compliance schedules?

    The proposed federal plan requires owners or operators of CISWI
units to come into compliance by February 7, 2018. The final CISWI EG
included increments of progress in the compliance schedule. However, we
are not including increments of progress as a compliance pathway for
the proposed federal plan. Increments of progress were included in the
EG to establish obligations that would apply to sources planning to
take more than one year from approval of the state plan to comply. The
increments would help ensure that sources planning to take more than
one year to comply would make some incremental progress toward
compliance after the first year. The increments did not require any
additional action within one year of approval of a state plan (or
promulgation of a federal plan). The EPA aims to take final action on
this proposal in 2017. As explained above (see section IV.D of this
preamble), the statute requires all sources to fully comply by February
2018 (i.e., 5 years after promulgation of the relevant EG). As
explained above, the increments of progress contained in the final EG
do not require any additional action within one year of promulgation of
a federal plan. Thus, including the increments of progress in this
federal plan would serve no meaningful purpose and may create
confusion. For this reason, the EPA is not proposing to include
increments of progress in this federal plan.
    If a CISWI unit does not achieve final compliance by February 7,
2018, the proposed federal plan requires the CISWI unit to shut down by
February 7, 2018, complete the retrofit while not operating, and be in
compliance upon restarting. A CISWI unit that operates out of
compliance after the final compliance date would be in violation of the
federal plan and subject to enforcement action.

C. What emissions and operating limits is the EPA proposing to
incorporate into the federal plan?

    The EPA proposes to incorporate the EG emissions and operating
limits from the final CISWI EG into this proposed CISWI Federal Plan.
Table 5 of this preamble summarizes the EG emissions limits
promulgated, as well as provides the existing CISWI Federal Plan
emission limits (currently applicable only to existing incinerators)
for comparison. 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 CISWI Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                CISWI Subcategories
                                        Incinerators  --------------------------------------------------------------------------------------------------
        Pollutant (units) \1\            (2000 CISWI                                              ERUs--liquid/                            Small, remote
                                           limit)       Incinerators         ERUs--solids              gas         Waste-burning kilns     incinerators
--------------------------------------------------------------------------------------------------------------------------------------------------------
HCl (parts per million by volume                   62              29  0.20 (biomass units)/58               14  3.0....................             300
 (ppmv)).                                                               (coal units).
CO (ppmv)............................             157              17  260 (biomass units)/95                35  110 (long kilns)/790                 64
                                                                        (coal units).                             (preheater/
                                                                                precalciner).
Pb (mg/dscm).........................            0.04           0.015  0.014 (biomass units)/             0.096  0.014..................             2.1
                                                                        0.057 (coal units).
Cd (mg/dscm).........................           0.004          0.0026  0.0014 (biomass units)/            0.023  0.0014.................            0.95
                                                                        0.0017 (coal units).
Hg (mg/dscm).........................            0.47          0.0048  0.0022 (biomass units)/           0.0024  0.011..................          0.0053
                                                                        0.013 (coal units).
PM, filterable (mg/dscm).............              70              34  11 (biomass units)/130               110  13.5...................             270
                                                                        (coal units).
Dioxin, furans, total (ng/dscm)......      (no limit)             4.6  0.52 (biomass units)/5.1             2.9  1.3....................           4,400
                                                                        (coal units).
Dioxins and furans, TEQ (nanograms               0.41            0.13  0.12 (biomass units)/               0.32  0.075..................             180
 per dry standard cubic meter (ng/                                      0.075 (coal units).
 dscm)).
NOX (ppmv)...........................             388              53  290 (biomass units)/460               76  630....................             190
                                                                        (coal units).
SO2 (ppmv)...........................              20              11  7.3 (biomass units)/850              720  600....................             150
                                                                        (coal units).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All emission limits are expressed as concentrations corrected to 7 percent O2.

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

    The EPA is proposing several performance testing and monitoring
provisions amendments to the current 2003 CISWI Federal Plan that are
consistent with the requirements of the final CISWI EG. The following
paragraphs list a number of testing and monitoring requirements in the
final CISWI EG that are being proposed in the CISWI Federal Plan.
1. Performance Testing and Monitoring
    The proposed federal plan requires all CISWI units to demonstrate
initial and continuous compliance with the final CISWI EG emission
limits. These provisions require initial and annual performance tests
and initial and annual inspections of scrubbers, fabric filters (FF),
and other air pollution control devices that are used to meet the
emission limits. In addition, a Method 22 (40 CFR part 60, appendix A-
7) visible emissions test of the ash handling operations is required
during the initial and annual compliance test for all subcategories
except waste-burning kilns, which do not have ash handling systems.
Furthermore, for any CISWI unit that operates a FF air pollution
control device, we are requiring that a bag leak detection system be
installed to monitor the device. The proposed federal plan continues to
require parametric monitoring of all other add-on air pollution control
devices, such as wet scrubbers, dry scrubbers and activated carbon
injection (ACI). CISWI units that install selective non-catalytic
reduction technology to reduce NOX emissions are required to
monitor the reagent (e.g., ammonia or urea) injection rate and
secondary chamber temperature (if applicable to the CISWI unit). This
proposed federal plan also requires subcategory-specific monitoring
requirements in addition to the aforementioned inspection, bag leak
detection, and parametric monitoring requirements that are applicable
to all CISWI units. Existing incinerators, small, remote incinerators,
and ERUs would have annual emissions testing for all nine pollutants:
PM, SO2, HCl, NOX, CO, Pb, Cd, Hg, and dioxins
and furans. Waste-burning kilns are required to monitor Hg and HCl (if
no scrubber) emissions using a continuous emissions monitoring system,
monitor PM emissions using a PM continuous parameter monitoring system
(PM CPMS), and perform annual testing for the remaining pollutants. The
proposed federal plan provides reduced annual testing requirements for
all nine pollutants when testing results are shown to be well below the
limits. If an ERU has a design capacity greater than 250 Million
British Thermal units per hour, we are requiring a PM CPMS for PM
monitoring for these units. For the PM CPMS, the EPA is further
requiring that a site-specific parametric operating limit be
established during the performance test, that there be continuous
monitoring of that parametric limit using a PM CPMS, that four
deviations within a 12-month operating period constitutes a violation
and triggers immediate corrective action and a Method 5 performance
test within 30 days with an additional 15 days to reestablish a site-
specific operating limit. Consistent with the final CISWI EG, we
propose that all operating parameter averaging for ERU units be on a
30-day rolling average and allow the sorbent injection parameter to be
adjusted based on the ERU's load. These testing and monitoring
provisions reflect those in the final CISWI EG.
    The proposed 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)
------------------------------------------------------------------------
                                                          IBR in 40 CFR
          Test method                  Publisher        part 62, subpart
                                                               III
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue  Available for purchase  Sec.  Sec.
 and Exhaust Gas Analyses        from the American       62.14670(s)(1)(
 [Part 10, Instruments and       Society of Mechanical   i),
 Apparatus].                     Engineers (ASME),       62.14670(s)(1)(
                                 Three Park Avenue,      ii),
                                 New York, NY 10016-     62.14670(t)(1)(
                                 5990, https://          ii), and
                                 www.asme.org/.          62.14670(t)(4)(
                                                         i).

ASTM D6784-02 (Reapproved       Available for purchase  Sec.  Sec.
 2008) Standard Test Method      from at least one of    62.14670(j),
 for Elemental, Oxidized,        the following           and Tables 1,
 Particle-Bound and Total        addresses: American     5, 6, and 8 to
 Mercury in Flue Gas Generated   Society for Testing     subpart III.
 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.  Sec.
 Detection Guidance, EPA-454/R-  U.S. Environmental      62.14670(r)(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) and 1
CFR part 51.''
2. Electronic Data Submittal
    The EPA is proposing that owners and operators of CISWI 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 final CISWI EG for CISWI units. The EPA believes that the
electronic submittal of the reports addressed in this proposed
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.
It also will improve compliance by facilitating the ability of
regulated facilities to demonstrate compliance and the ability of air
agencies and the EPA to assess and determine compliance. Under current
requirements, paper reports are often stored in filing cabinets or
boxes, which make the reports more difficult to obtain and use for data
analysis and sharing. Electronic storage of such reports would make
data more accessible for review, analyses, and sharing. 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.
    In 2011, in response to Executive Order 13563, the EPA developed a
plan \10\ to periodically review its regulations to determine if they
should be modified, streamlined, expanded or repealed in an effort to
make regulations more effective and less burdensome. The plan includes
replacing outdated paper reporting with electronic reporting. In
keeping with this plan and the White House's Digital Government
Strategy,\11\ in 2013 the EPA issued an agency-wide policy specifying
that new regulations will require reports to be electronic to the
maximum extent possible. By requiring electronic submission of
specified reports in this proposed rule, the EPA is taking steps to
implement this policy.
---------------------------------------------------------------------------

    \10\ EPA's Final Plan for Periodic Retrospective Reviews, August
2011. Available at: http://www.epa.gov/sites/production/files/2015-09/documents/eparetroreviewplan-aug2011_0.pdf.
    \11\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://www.whitehouse.gov/sites/default/files/omb/egov/digital-government/digital-government-strategy.pdf.
---------------------------------------------------------------------------

    The EPA Web site that stores the submitted electronic data,
WebFIRE, will be easily accessible to everyone and will provide a user-
friendly interface that any stakeholder could access. By making data
readily available, electronic reporting increases the amount of data
that can be used for many purposes. One example is the development of
emissions factors. An emissions factor is a representative value that
attempts to relate the quantity of a pollutant released to the
atmosphere with an activity associated with the release of that
pollutant (e.g., kilograms of particulate emitted per megagram of coal
burned). Such factors facilitate the estimation of emissions from
various sources of air pollution and are an important tool in
developing emissions inventories, which in turn are the basis for
numerous efforts, including trends analysis, regional and local scale
air quality modeling, regulatory impact assessments, and human exposure
modeling. Emissions factors are also widely used in regulatory
applicability determinations and in permitting decisions.
    The EPA has received feedback from stakeholders asserting that many
of the EPA's emissions factors are outdated or not representative of a
particular industry emission source. While the EPA believes that the
emissions factors are suitable for their intended purpose, we recognize
that the quality of emissions factors varies based on the extent and
quality of underlying data. We also recognize that emissions profiles
on different pieces of equipment can change over time due to a number
of factors (fuel changes, equipment improvements, industry work
practices), and it is important for emissions factors to be updated to
keep up with these changes. The EPA is currently pursuing emissions
factor development improvements that include procedures to incorporate
the source test data that we are proposing be submitted electronically.
By requiring the electronic submission of the reports identified in
this proposed action, the EPA would be able to access and use the
submitted data to update emissions factors more quickly and
efficiently, creating factors that are characteristic of what is
currently representative of the relevant industry sector. Likewise, an
increase in the number of test reports used to develop the emissions
factors will provide more confidence that the factor is of higher
quality and representative of the whole industry sector.
    Additionally, by making the records, data, and reports addressed in
this proposed 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
performance test reports and air emission reports readily accessible,
our ability to carry out comprehensive reviews will be increased and
achieved within a shorter period of time. These data will provide
useful information on control efficiencies being achieved and
maintained in practice within a source

category and across source categories for regulated sources and
pollutants. These reports can also be used to inform the technology-
review process by providing information on improvements to add-on
control technology and new control technology.
    Under an electronic reporting system, the EPA's Office of Air
Quality Planning and Standards (OAQPS) would have air emissions and
performance test data in hand; OAQPS would not have to collect these
data from the EPA Regional offices or from delegated air agencies or
industry sources in cases where these reports are not submitted to the
EPA Regional offices. Thus, 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, as OAQPS will not have to include the
ICR collection time in the process or spend time collecting reports
from the EPA Regional Offices. 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.
    Electronic reporting could minimize submission of unnecessary or
duplicative reports in cases where facilities report to multiple
government agencies and the agencies opt to rely on the EPA's
electronic reporting system to view report submissions. Where air
agencies continue to require a paper copy of these reports and will
accept a hard copy of the electronic report, facilities will have the
option to print paper copies of the electronic reporting forms to
submit to the air agencies, and, thus, minimize the time spent
reporting to multiple agencies. Additionally, maintenance and storage
costs associated with retaining paper records could likewise be
minimized by replacing those records with electronic records of
electronically submitted data and reports.
    Air agencies could benefit from more streamlined and automated
review of the electronically submitted data. For example, because the
performance test data would be readily-available in a standard
electronic format, air agencies would be able to review reports and
data electronically rather than having to conduct a review of the
reports and data manually. 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. Additionally, air agencies would benefit from the
reported data being accessible to them through the EPA's electronic
reporting system wherever and whenever they want or need access (as
long as they have access to the Internet). 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 regulations, potentially allowing a faster response to
violations which could minimize harmful air emissions. This benefits
both air agencies and the general public.
    The proposed electronic reporting of data is consistent with
electronic data trends (e.g., electronic banking and income tax
filing). Electronic reporting of environmental data is already common
practice in many media offices at the EPA. The changes being proposed
in this rulemaking are needed to continue the EPA's transition to
electronic reporting.

E. What are the proposed recordkeeping and reporting requirements?

    The EPA is proposing requirements that reflect those finalized in
the final CISWI 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 Continuous Regulatory Systems (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 are the other proposed requirements?

    As discussed in several portions of this preamble, we are proposing
requirements for the federal plan to make it consistent with the final
CISWI EG. While many of these requirements were significantly different
from those currently in the CISWI Federal Plan, there are some that
differ very little, if at all. Some requirements that differ little
from those in the current CISWI Federal Plan include the requirements
for owners or operators of existing CISWI units 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.
    Another such requirement is that owners or operators of existing
CISWI units are required to submit a monitoring plan for any CMS or bag
leak detection system used to comply with the rule.

VI. CISWI Units That Have or Will Shut Down

A. Units That Plan to Close

    The proposed federal plan establishes that if owners or operators
plan to permanently close currently operating CISWI units, they must do
so and submit a closure notification to the Administrator by August 7,
2017. The proposed requirements for closing a CISWI unit will be set
forth at 40 CFR 62.14570, subpart III. Conversely, the CISWI
requirements do apply to a ``mothballed unit'' or inactive unit, where
a unit does not operate, but it 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 CISWI unit is subject to the same requirements for
title V operating permits that apply to units that will continue to
operate.

B. Inoperable Units

    The federal plan provides that in cases where a CISWI 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 equipment are removed), the
CISWI unit may be left off the source inventory in a state plan or this
proposed federal plan. A CISWI

unit that has been rendered inoperable would not be covered by the
federal plan.

C. CISWI Units That Have Shut Down

    The unit inventory for this federal plan includes any CISWI unit
known to have already shut down (but not known to be inoperable).
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive CISWI unit plans to restart
before the final compliance date, the owner or operator must achieve
final compliance by February 7, 2018.
2. Restarting After the Final Compliance Date
    Under the proposed federal plan, if the owner or operator of a
CISWI unit closes the CISWI unit, but restarts the unit after the final
compliance date of February 7, 2018, the owner or operator must
complete emission control retrofits and meet the emissions and
operating limits on the date the CISWI unit restarts operation. Within
6 months of the unit startup, operator(s) of these CISWI 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 62.14650. A CISWI unit may not use the provisions to close the
CISWI unit and restart after the compliance date to gain an effective
``extension'' of the operator training and qualification requirements
or initial compliance requirements. A CISWI 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 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 CISWI 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
CISWI 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 final
CISWI EG, consistent with the intent of Congress.
    The preferred outcome under the statute and the regulations results
when the state, tribal, and local agencies implement the EPA approved
state (or tribal) plan because state, tribal, and local agencies not
only have the responsibility to implement the final CISWI EG, but also
have the practical knowledge and enforcement resources critical to
achieving the highest rate of compliance. In cases where states are
unable to develop and submit approvable state plans, it is still
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. The EPA will also continue to review and
approve state plans after promulgation of the CISWI Federal Plan.

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 agency with 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 CISWI 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 final CISWI EG, the EPA will approve the state or
tribal plan. If the EPA determines that the plan is not as protective
as the final CISWI EG, the EPA may approve the portions of the plan
that are consistent with the final CISWI EG. If a state or tribal plan
is approved in part, the federal plan will apply to the affected CISWI
units in lieu of the disapproved portions of the state plan until the
state or tribe addresses the deficiencies in the state plan and the
revised state plan is approved by the EPA. Prior to any disapproval,
the EPA will work with states and tribes to attempt to reconcile areas
of the plan that remain inconsistent with the EG.
    Upon the effective date of a state or tribal plan, the federal plan
would no longer apply to CISWI 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 Agency Taking 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 federal, state, tribal,
territorial, or local law. If a state, tribe, territory, or local
agency 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, and
reporting and recordkeeping requirements, CISWI 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 CISWI 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 authority to administer and enforce the program, (2)
include an inventory of affected CISWI units, which includes those that
have ceased operation, but have not been dismantled or rendered
inoperable, and 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
agency to approve the following items promulgated in the final CISWI
EG:

    1. Approval of alternatives to the emission limitations in table
5 of this document and operating limits established under 40 CFR
62.14635 and 62.14640;
    2. Approval of major alternatives to test methods;
    3. Approval of major alternatives to monitoring;
    4. Approval of major alternatives to recordkeeping and
reporting;
    5. [Reserved];
    6. The requirements in Sec.  62.14640;
    7. The requirements in Sec.  62.14625(b)(2);
    8. Approval of alternative opacity emission limits in Sec.
62.14630 under Sec.  60.11(e)(6) through (8);
    9. Performance test and data reduction waivers under Sec.
60.8(b)(4) and (5);
    10. Determination of whether a qualifying small power production
facility or cogeneration facility under Sec.  62.14525(e) or (f) is
combusting homogenous waste; and
    11. Approval of an alternative to any electronic reporting to
the EPA required by this subpart.

    CISWI 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 CISWI units regulated under state, tribal, or federal
plans implementing the final CISWI EG must operate in a manner
consistent with a title V operating permit that assures compliance with
all federally applicable requirements for any regulated CISWI units,
including all applicable CAA section 129 requirements.\12\
---------------------------------------------------------------------------

    \12\ 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 permit program. Because
existing major sources are subject to title V,\13\ major source
facilities that contain existing CISWI units should already have a
title V permit. In such cases, the source must comply with the title V
permit revision provisions of the relevant state title V program
instead of applying for a title V permit. In contrast, the application
deadline would be important to CISWI units at facilities that are not
subject to the title V permit program for other reasons. Such sources
with an existing CISWI unit subject to this proposed federal plan must
submit a complete title V permit application by the earliest of the
following dates:
---------------------------------------------------------------------------

    \13\ 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).

 Twelve (12) 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 final CISWI EG); or
 Twelve (12) months after the effective date of any
applicable federal plan; or
 Thirty-six (36) months after promulgation of 40 CFR part
60, subpart DDDD (i.e., February 7, 2016).

    For any existing CISWI unit not subject to an earlier permit
application deadline, the application deadline of February 7, 2016,
which is in the past, 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).)
    For more background information on the interface between CAA
section 129 and title V, including the EPA's interpretation of CAA
section 129(e), 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.\14\ Legally, delegation of a standard or requirement results in a
delegated state, local, or tribal agency 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, tribal, or local agency (except for functions that the EPA
retains for itself) upon delegation.\15\ Although a state, local, or
tribal agency 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 tribal agency is not standing in for the EPA
as a matter of federal law in this situation. Where a state, local, or

tribal agency 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 maintains 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 tribal agency.
---------------------------------------------------------------------------

    \14\ 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).
    \15\ 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 tribal agency 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.\16\ Some states,
local governments, 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 tribal agency 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.
---------------------------------------------------------------------------

    \16\ 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 Attorney General's (AG)
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 tribal agency
does not need to take delegation of the CAA section 111/129
requirements for purposes of title V permitting.\17\ In practical
terms, without approval of a state or tribal plan, delegation of a
federal plan, or an adequate AG's opinion, states, local governments,
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 government, or tribe,
the EPA regional office and the source in question are advised to
ensure that delegation of the relevant federal plan has taken place or
that the permitting authority has provided an adequate AG's opinion to
the EPA Regional office.
---------------------------------------------------------------------------

    \17\ 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 and no subsequent state law or
regulation has in some way limited that authority.
---------------------------------------------------------------------------

    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 government,
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, 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 part 70.4(i)(3) to request that all states, local
governments, and tribes that 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://www.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 simply proposes the CISWI Federal Plan to
implement the EG adopted on February 7, 2013,\18\ for those states that
do not have a state plan implementing the EG.
---------------------------------------------------------------------------

    \18\ See 78 FR 9112, February 7, 2013.
---------------------------------------------------------------------------

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. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. EG for owners of existing CISWI units
were established by the February 7, 2013, final rule (78 FR 9112), 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. We have, therefore,
concluded that this action will have no net regulatory burden for all
directly regulated small entities.

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 CISWI 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.

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.

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 and 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 Methods 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
final CISWI EG (Docket ID No. EPA-HQ-OAR-2003-0119), which are being
implemented under this action, for further information.
    Under 40 CFR 62.14838, 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 believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in this preamble
section, as well as the final CISWI EG discussion for Executive Order
12898 (78 FR 9178, February 7, 2013). This proposed federal plan
implements the final CISWI EG for states that do not have an approved
state plan implementing the final CISWI EG. As discussed in the
preamble to the 2013 CISWI rule, the final CISWI EG will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. The amendments finalized in 2013 (made to the 2011
CISWI final rule) do not relax the control measures on sources
regulated by the CISWI rule, and, therefore, will not cause emissions
increases from these sources. The March 2011 final CISWI rule will
reduce emissions of all the listed hazardous air pollutants (HAP)
emitted from this source. This proposed federal plan implements
national standards in the final CISWI EG that would result in reduction
in emissions of many of the listed HAP 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.

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: December 14, 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 proposed to be 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.

0
2. Part 62 is amended by revising subpart III to read as follows:

Subpart III--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units

Sec.

Table of Contents

Introduction

62.14500 What is the purpose of this subpart?

62.14505 What are the principal components of this subpart?

Applicability

62.14510 Am I subject to this subpart?
62.14515 Can my CISWI unit be covered by both a state plan and this
subpart?
62.14520 How do I determine if my CISWI unit is covered by an
approved and effective state or tribal plan?
62.14521 If my CISWI unit is not listed in the federal plan
inventory, am I exempt from this subpart?
62.14525 Can my combustion unit be exempt from this subpart?
62.14530-62.14531 [Reserved]

Compliance Schedule and Increments of Progress

62.14535 When must I comply with this subpart if I plan to continue
operation of my CISWI unit?
62.14536 [Reserved]
62.14545 [Reserved]
62.14550 [Reserved]
62.14555 [Reserved]
62.14560 [Reserved]
62.14565 [Reserved]
62.14570 What must I do if I plan to permanently close my CISWI
unit?
62.14575 What must I do if I close my CISWI unit and then restart
it?

Waste Management Plan

62.14580 What is a waste management plan?
62.14585 When must I submit my waste management plan?
62.14590 What should I include in my waste management plan?

Operator Training and Qualification

62.14595 What are the operator training and qualification
requirements?
62.14600 When must the operator training course be completed?
62.14605 How do I obtain my operator qualification?
62.14610 How do I maintain my operator qualification?
62.14615 How do I renew my lapsed operator qualification?
62.14620 What site-specific documentation is required?
62.14625 What if all the qualified operators are temporarily not
accessible?

Emission Limitations and Operating Limits

62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14640 What if I do not use a wet scrubber, fabric filter,
activated carbon injection, selective noncatalytic reduction, an
electrostatic precipitator, or a dry scrubber to comply with the
emission limitations?
62.14645 [Reserved]

Performance Testing

62.14650 How do I conduct the initial and annual performance test?
62.14655 How are the performance test data used?

Initial Compliance Requirements

62.14660 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
62.14665 By what date must I conduct the initial performance test?
62.14666 By what date must I conduct the initial air pollution
control device inspection?

Continuous Compliance Requirements

62.14670 How do I demonstrate continuous compliance with the
emission limitations and the operating limits?
62.14675 By what date must I conduct the annual performance test?
62.14676 By what date must I conduct the annual air pollution
control device inspection?
62.14680 May I conduct performance testing less often?
62.14685 May I conduct a repeat performance test to establish new
operating limits?

Monitoring

62.14690 What monitoring equipment must I install and what
parameters must I monitor?
62.14695 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

62.14700 What records must I keep?
62.14705 Where and in what format must I keep my records?
62.14710 What reports must I submit?
62.14715 When must I submit my waste management plan?
62.14720 What information must I submit following my initial
performance test?
62.14725 When must I submit my annual report?
62.14730 What information must I include in my annual report?
62.14735 What else must I report if I have a deviation from the
operating limits or the emission limitations?
62.14740 What must I include in the deviation report?
62.14745 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
62.14750 Are there any other notifications or reports that I must
submit?
62.14755 In what form can I submit my reports?
62.14760 Can reporting dates be changed?

Air Curtain Incinerators

62.14765 What is an air curtain incinerator?
62.14770-62.14775 [Reserved]
62.14795 [Reserved]
62.14805 What must I do if I close my air curtain incinerator and
then restart it?
62.14810 What must I do if I plan to permanently close my air
curtain incinerator and not restart it?
62.14815 What are the emission limitations for air curtain
incinerators?
62.14820 How must I monitor opacity for air curtain incinerators?
62.14825 What are the recordkeeping and reporting requirements for
air curtain incinerators?

Title V Requirements

62.14830 Am I required to apply for and obtain a Title V operating
permit for my unit?
62.14835 [Reserved]

Delegation of Authority

62.14838 What authorities are withheld by the EPA Administrator?

Definitions

62.14840 What definitions must I know?

Tables

Table 1 to Subpart III of Part 62--Emission Limitations That Apply
to Incinerators Before February 7, 2018 \2\
Table 2 to Subpart III of Part 62--Operating Limits for Wet
Scrubbers
Table 3 to Subpart III of Part 62--Toxic Equivalency Factors
Table 4 to Subpart III of Part 62--Summary of Reporting Requirements
\1\
Table 5 to Subpart III of Part 62--Model Rule--Emission Limitations
That Apply to Incinerators on and After February 7, 2018
Table 6 to Subpart III of Part 62--Model Rule--Emission Limitations
That Apply to Energy Recovery Units After February 7, 2018
Table 7 to Subpart III of Part 62--Model Rule--Emission Limitations
That Apply to Waste-Burning Kilns After February 7, 2018
Table 8 to Subpart III of Part 62--Model Rule--Emission Limitations
That Apply to Small, Remote Incinerators After February 7, 2018

Introduction

Sec.  62.14500  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance
schedules for the control of emissions from commercial and industrial
solid waste incineration (CISWI) units that are not covered, or are
only partially covered, by an EPA approved and currently effective
state or tribal plan. The pollutants addressed by these emission
requirements are listed in Table 1 and Tables 5 through 8 of this
subpart. These emission requirements are developed in accordance with
sections 111 and 129 of the Clean Air Act and subpart B of 40 CFR part
60.
    (b) In this subpart, ``you'' means the owner or operator of a CISWI
unit.

Sec.  62.14505  What are the principal components of this subpart?

    This subpart contains the eleven major components listed in
paragraphs (a) through (k) of this section.
    (a) [Reserved].
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.

    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.

Applicability

Sec.  62.14510  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a CISWI
unit as defined in Sec.  62.14840 or an air curtain incinerator as
defined in Sec.  62.14840 and the CISWI unit or air curtain incinerator
meets the criteria described in paragraphs (a)(1) through (a)(3) of
this section.
    (1) Construction of your CISWI unit or air curtain incinerator
commenced on or before June 4, 2010, or commenced modification or
reconstruction after June 4, 2010 but no later than August 7, 2013.
    (2) Your CISWI unit is not exempt under Sec.  62.14525.
    (3) Your CISWI unit is not regulated by an EPA approved and
currently effective state or tribal plan, or your CISWI unit is located
in any state whose approved state or tribal plan is only approved in
part. In the case of a state or tribal program that is approved in
part, the federal plan applies to affected CISWI units in lieu of the
disapproved portions of the state or tribal program until the state or
tribe plan addresses the deficiencies and the revised plan is approved
by the EPA.
    (b) If changes to the CISWI unit are made after August 7, 2013 that
meet the definition of modification or reconstruction, your CISWI unit
is subject to subpart CCCC of 40 CFR part 60 and this subpart no longer
applies to that unit.
    (c) If you make physical or operational changes to your existing
CISWI unit primarily to comply with this subpart, then such changes do
not qualify as modifications or reconstructions under subpart CCCC of
40 CFR part 60.

Sec.  62.14515  Can my CISWI unit be covered by both a state plan and
this subpart?

    (a) If your CISWI unit is located in a state that does not have an
EPA-approved state plan or your state's plan has not become effective,
this subpart applies to your CISWI unit until the EPA approves a state
plan that covers your CISWI unit and that state plan becomes effective.
However, a state may enforce the requirements of a state regulation
while your CISWI unit is still subject to this subpart.
    (b) After the EPA fully approves a state plan covering your CISWI
unit, and after that state plan becomes effective, you will no longer
be subject to this subpart and will only be subject to the approved and
effective state plan. If the state or tribal plan are only approved in
part, you will remain subject to the federal plan to the extent
necessary to address the deficiencies in the disapproved portions of
the state or tribal plan.

Sec.  62.14520  How do I determine if my CISWI unit is covered by an
approved and effective state or tribal plan?

    This part (40 CFR part 62) contains a list of state and tribal
areas with approved Clean Air Act section 111(d) and section 129 plans
along with the effective dates for such plans. The list is published
annually. 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 the EPA has approved a state plan covering your unit since
publication of the most recent version of this subpart.

Sec.  62.14521  If my CISWI unit is not listed in the federal plan
inventory, am I exempt from this subpart?

    Any CISWI unit that meets the applicability criteria in Sec.
62.14510 is required to comply with the applicable emissions guidelines
even if the source is not listed in the federal plan or otherwise
applicable state or tribal plan inventory. CISWI units subject to this
subpart are not limited to the inventory of sources listed in Docket
EPA-HQ-OAR-2016-0664 for the federal plan. If your CISWI units meets
the applicability criteria in Sec.  62.14510, this subpart applies to
you whether or not your unit is listed in the federal plan inventory in
the docket.

Sec.  62.14525  Can my combustion unit be exempt from this subpart?

    This subpart exempts 8 types of units, described in paragraphs (a)
and (c) through (o) of this section, from complying with the
requirements of this subpart with the exception of the requirements
specified in this section.
    (a) Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and
excluding the weight of auxiliary fuel and combustion air) of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste as defined in Sec.  62.14840 are not subject to
this subpart if you meet the two requirements specified in paragraphs
(a)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of
pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit.
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are
regulated under subpart Ea of 40 CFR part 60 (Standards of Performance
for Municipal Waste Combustors); subpart Eb of 40 CFR part 60
(Standards of Performance for Municipal Waste Combustors for Which
Construction is Commenced After September 20, 1994); subpart Cb of 40
CFR part 60 (Emission Guidelines and Compliance Times for Large
Municipal Waste Combustors Constructed on or Before September 20,
1994); subpart AAAA of 40 CFR part 60 (Standards of Performance for New
Stationary Sources: Small Municipal Waste Combustion Units); subpart
BBBB of 40 CFR part 60 (Emission Guidelines for Existing Stationary
Sources: Small Municipal Waste Combustion Units); or subpart JJJ of 40
CFR part 62 (Federal Plan Requirements for Small Municipal Waste
Combustion Units Constructed on or Before August 30, 1999).
    (d) Medical waste incineration units. Incineration units regulated
under subpart Ec of 40 CFR part 60 (Standards of Performance for
Hospital/Medical/Infectious Waste Incinerators for Which Construction
is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan
Requirements for Hospital/Medical/Infectious Waste Incinerators
Constructed on or before June 20, 1996).
    (e) Small power production facilities. Units that meet the four
requirements specified in paragraphs (e)(1) through (4) of this
section.
    (1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity.
    (3) You submit documentation to the Administrator notifying the
Agency that the qualifying small power production facility is
combusting homogenous waste.
    (4) You must maintain the records specified in Sec.  62.14700(v).
    (f) Cogeneration facilities. Units that meet the four requirements
specified in paragraphs (f)(1) through (4) of this section.
    (1) The unit qualifies as a cogeneration facility under section

3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes.
    (3) You submit documentation to the Administrator notifying the
Agency that the qualifying cogeneration facility is combusting
homogenous waste.
    (4) You maintain the records specified in Sec.  62.14700(w).
    (g) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
    (h) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn
100 percent wood waste; 100 percent clean lumber; or a 100 percent
mixture of only wood waste, clean lumber, and/or yard waste; are
required to meet only the requirements under ``Air Curtain
Incinerators'' (Sec. Sec.  62.14765 through 62.14825) and the title V
operating permit requirements (Sec.  62.14830).
    (j) [Reserved]
    (k) [Reserved]
    (l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under
subpart O of 40 CFR part 60 (Standards of Performance for Sewage
Treatment Plants).
    (n) Sewage sludge incineration units. Incineration units combusting
sewage sludge for the purpose of reducing the volume of the sewage
sludge by removing combustible matter that are subject to subpart LLLL
of 40 CFR part 60 (Standards of Performance for New Sewage Sludge
Incineration Units) or subpart MMMM of 40 CFR part 60 (Emission
Guidelines and Compliance Times for Existing Sewage Sludge Incineration
Units).
    (o) Other solid waste incineration units. Incineration units that
are subject to subpart EEEE of 40 CFR part 60 (Standards of Performance
for Other Solid Waste Incineration Units for Which Construction is
Commenced After December 9, 2004, or for Which Modification or
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF
of 40 CFR part 60 (Emission Guidelines and Compliance Times for Other
Solid Waste Incineration Units That Commenced Construction On or Before
December 9, 2004).

Sec. Sec.  62.14530-62.14531   [Reserved]

Compliance Schedule and Increments of Progress

Sec.  62.14535  When must I comply with this subpart if I plan to
continue operation of my CISWI unit?

    If you plan to continue operation of your CISWI unit, then you must
follow the requirements in paragraph (a) of this section.
    (a) If you plan to continue operation and come into compliance with
the requirements of this subpart by February 7, 2018, then you must
complete the requirements of paragraphs (a)(1) through (a)(5) of this
section.
    (1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by February 7, 2018.
    (2) You must submit a waste management plan no later than November
7, 2017
    (3) You must achieve final compliance by February 7, 2018. To
achieve final compliance, you must incorporate all process changes and
complete retrofit construction of control devices, so that, if the
affected CISWI unit is brought online, all necessary process changes
and air pollution control devices would operate as designed.
    (4) You must conduct the initial performance test within 90 days
after the date when you are required to achieve final compliance under
paragraph (a)(3) of this section.
    (5) You must submit an initial report including the results of the
initial performance test no later than 60 days following the initial
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete
reporting and recordkeeping requirements).
    (b) [Reserved]

Sec.  62.14536  [Reserved]

Sec.  62.14545  [Reserved]

Sec.  62.14550  [Reserved]

Sec.  62.14555  [Reserved]

Sec.  62.14560  [Reserved]

Sec.  62.14565  [Reserved]

Sec.  62.14570  What must I do if I plan to permanently close my CISWI
unit?

    If you plan to permanently close your CISWI unit rather than comply
with the federal plan, you must submit a legally binding closure
agreement, to the Administrator no later than six months prior to your
operation will cease. The closure agreement must specify the date by
which operation will cease. The closure date cannot be later than
February 7, 2018 for sources that will not operate on or after the
compliance date.

Sec.  62.14575  What must I do if I close my CISWI unit and then
restart it?

    If you close your CISWI unit but will restart it after February 7,
2018, you must complete emission control retrofits and meet the
emission limitations and operating limits on the date your unit
restarts operation.

Waste Management Plan

Sec.  62.14580  What is a waste management plan?

    A waste management plan is a written plan that identifies both the
feasibility and the methods used to reduce or separate certain
components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.

Sec.  62.14585  When must I submit my waste management plan?

    You must submit a waste management plan no later than November 7,
2017 or six months prior to commencing or recommencing burning solid
waste, whichever is later.

Sec.  62.14590  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction
or separation of waste-stream elements such as paper, cardboard,
plastics, glass, batteries, or metals; or the use of recyclable
materials. The plan must identify any additional waste management
measures, and the source must implement those measures considered
practical and feasible, based on the effectiveness of waste management
measures already in place, the costs of additional measures, the
emissions reductions expected to be achieved, and any other
environmental or energy impacts they might have.

Operator Training and Qualification

Sec.  62.14595  What are the operator training and qualification
requirements?

    (a) You must have a fully trained and qualified CISWI unit operator
accessible at all times when the unit is in operation, either at your
facility or able to be at your facility within one hour. The trained
and qualified CISWI unit operator may operate the CISWI unit directly
or be the direct supervisor of one or more other plant personnel who
operate the unit. If all qualified CISWI unit operators are temporarily
not accessible, you must follow the procedures in Sec.  62.14625.

    (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 eleven subjects listed in paragraphs (c)(1)(i)
through (xi) 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, waste charging, and shutdown
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors
affecting performance (where applicable).
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices.
    (vii) Actions to correct malfunctions or conditions that may lead
to malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can
serve as reference material following completion of the course.

Sec.  62.14600  When must the operator training course be completed?

    (a) The operator training course must be completed by the later of
the three dates specified in paragraphs (a)(1) and (3) of this section.
    (1) February 7, 2018.