this proposed action would cause most CISWI in the energy recovery unit
and waste-burning kiln subcategories to modify existing air pollution
control devices (e.g., increase the horsepower of their wet scrubbers)
or install and operate new control devices, resulting in approximately
271,455 megawatt-hours per year of additional electricity being used.
EPA estimates that many owners of CISWI units in the incinerator, burn-
off oven and small, remote incinerator subcategories may stop operating
CISWI units and use alternative waste disposal methods, thereby not
requiring additional energy input for operation of control devices.
    Given the negligible change in energy consumption resulting from
this proposed action, EPA does not expect any significant price
increase for any energy type. The cost of energy distribution should
not be affected by this proposed action at all since the action would
not affect energy distribution facilities. We also expect that any
impacts on the import of foreign energy supplies, or any other adverse
outcomes that may occur with regard to energy supplies would not be
significant. We, therefore, conclude that if there were to be any
adverse energy effects associated with this proposed action, they would
be minimal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by VCS bodies. NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable VCS.
    EPA conducted searches for the Standards of Performance for New
Stationary Sources and Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration units through
Enhanced NSSN Database managed by the American National Standards
Institute (ANSI). We also contacted VCS organizations and accessed and
searched their databases.
    This rulemaking involves technical standards. EPA has decided to
use 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 3B, 6, 7 and 7C. This standard is available
from the American Society of Mechanical Engineers (ASME), 3 Park
Avenue, New York, NY 10016-5990.
    Another VCS, ASTM D6735-01, ``Standard Test Method for Measurement
of Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust
Sources-Impinger Method,'' is an acceptable alternative to EPA Method
26A.
    Another VCS, ASTM D6784-02, ``Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from
Coal-Fired Stationary Sources (Ontario Hydro Method)'' is an acceptable
alternative to EPA Method 29.
    During the search, if the title or abstract (if provided) of the
VCS described technical sampling and analytical procedures that are
similar to EPA's reference method, EPA ordered a copy of the standard
and reviewed it as a potential equivalent method. All potential
standards were reviewed to determine the practicality of the VCS for
this rule. This review requires significant method validation data
which meets the requirements of EPA Method 301 for accepting
alternative methods or scientific, engineering and policy equivalence
to procedures in EPA reference methods. The EPA may reconsider
determinations of impracticality when additional information is
available for particular VCS.
    The search identified 23 other VCS that were potentially applicable
to this rule in lieu of EPA reference methods. After reviewing the
available standards, EPA determined that 21 candidate VCS (ASTM D3154-
00 (2006), ASME B133.9-1994 (2001), ISO10396:1993 (2007),
ISO12039:2001, ASTM D5835-95 (2007), ASTM D6522-00 (2005), CAN/CSA
Z223.2-M86 (1999), ISO 9096:1992 (2003), ANSI/ASME PTC-38-1980 (1985),
ASTM D3685/D3685M-98 (2005), ISO 7934:1998, ISO 11632:1998, ASTM D1608-
98 (2003), ISO11564:1998, CAN/CSA Z223.24-M1983, CAN/CSA Z223.21-M1978,
ASTM D3162-94 (2005), EN 1948-3 (1996), EN 1911-1,2,3 (1998), EN
13211:2001, CAN/CSA Z223.26-M1987) identified for measuring emissions
of pollutants or their surrogates subject to emission standards in the
rule would not be practical due to lack of equivalency, documentation,
validation data and other important technical and policy
considerations.
    Under 40 CFR 60.13(i) of the NSPS General Provisions, a source may
apply to EPA for permission to use alternative test methods or
alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures in the final rule
and any amendments.

    EPA welcomes comments on this aspect of the proposed rulemaking and
specifically invites the public to identify potentially applicable
voluntary consensus standards and to explain why such standards should
be used in this regulation.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice (EJ). Its main
provision directs Federal agencies, to the greatest extent practicable
and permitted by law, to make EJ part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations, low-income, and tribal populations
in the United States.
    This proposed action establishes national emission standards for
new and existing CISWI. The EPA estimates that there are approximately
176 such units, including incinerators, burn-off ovens, cement kilns
and energy recovery units, covered by this rule. The proposed rule will
reduce emissions of all the listed HAP emitted from this source. This
includes emissions of cadmium (Cd), hydrogen chloride (HCl), lead (Pb),
mercury (Hg), and chlorinated dioxin/furans. Adverse health effects
from these pollutants include cancer, irritation of the lungs, skin,
and mucus membranes; effects on the central nervous system, and damage
to the kidneys), and acute health disorders. The rule will also result
in substantial reductions of criteria pollutants such as carbon
monoxide (CO), nitrogen oxides (NOX), particulate matter
(PM), and sulfur dioxide (SO2). Sulfur dioxide and
NO2 are precursors for the formation of PM2.5 and
ozone. Reducing these emissions will reduce ozone and PM2.5
formation and associated health effects, such as adult premature
mortality, chronic and acute bronchitis, asthma, and other respiratory
and cardiovascular diseases. (Please refer to the RIA contained in the
docket for this rulemaking.)
    Pursuant to Executive Order 12898, EPA has undertaken to determine
the aggregate demographic makeup of the communities near affected
sources. This analysis used ``proximity-to-a-source'' to identify the
populations considered to be living near affected sources, such that
they have notable exposures to current emissions from these sources. In
this approach, EPA reviewed the distributions of different socio-
demographic groups in the locations of the expected emission reductions
from this rule. The review identified those census blocks within a
circular distance of three miles of affected sources and determined the
demographic and socio-economic composition (e.g., race, income,
education, etc.) of these census blocks. The radius of three miles (or
approximately five kilometers) has been used in other demographic
analyses focused on areas around potential sources.
14, 15, 16, 17 In addition, air modeling experience has
shown that beyond three miles, the influence of an individual source of
emissions can generally be considered to be small, both in absolute
terms and relative to the influence of other sources (assuming there
are other sources in the area, as is typical in urban areas). EPA's
demographic analysis has shown that these areas tend to have lower
proportions of Whites and American Indians, higher proportions of
African-Americans, Hispanics and ``Other and Multi-racial''
populations, and higher proportions of families with incomes below the
poverty level.\18\
---------------------------------------------------------------------------

    \14\ U.S. GAO (Government Accountability Office). Demographics
of People Living Near Waste Facilities. Washington DC: Government
Printing Office; 1995.
    \15\ Mohai P, Saha R. ``Reassessing Racial and Socio-economic
Disparities in Environmental Justice Research''. Demography.
2006;43(2): 383-399.
    \16\ Mennis J. ``Using Geographic Information Systems to Create
and Analyze Statistical Surfaces of Populations and Risk for
Environmental Justice Analysis''. Social Science Quarterly,
2002;83(1):281-297.
    \17\ Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste
and Race at Twenty 1987-2007. United Church of Christ. March, 2007.
    \18\ The results of the demographic analysis are presented in
``Review of Environmental Justice Impacts'', April 2010, a copy of
which is available in the docket.
---------------------------------------------------------------------------

    Based on the fact that the rule does not allow emission increases,
the EPA has determined that the proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority, low-income, or tribal populations. However, to the
extent that any minority, low income, or tribal subpopulation is
disproportionately impacted by the current emissions as a result of the
proximity of their homes to these sources, that subpopulation also
stands to see increased environmental and health benefit from the
emissions reductions called for by this rule.
    EPA defines ``Environmental Justice'' to include meaningful
involvement of all people regardless of race, color, national origin,
or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and polices. To promote
meaningful involvement, EPA has developed a communication and outreach
strategy to ensure that interested communities have access to this
proposed rule, are aware of its content, and have an opportunity to
comment during the comment period. During the comment period, EPA will
publicize the rulemaking via EJ newsletters, tribal newsletters, EJ
listservs, and the internet, including the Office of Policy, Economics,
and Innovation's (OPEI) Rulemaking Gateway Web site (http://
yosemite.epa.gov/opei/RuleGate.nsf/). EPA will also provide general
rulemaking fact sheets (e.g., why is this important for my community)
for EJ community groups and conduct conference calls with interested
communities. In addition, State and Federal permitting requirements
will provide State and local governments and members of affected
communities the opportunity to provide comments on the permit
conditions associated with permitting the sources affected by this
rulemaking.

List of Subjects in 40 CFR Part 60

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

    Dated: April 29, 2010.
Lisa Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

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

    2. Revise the heading for subpart CCCC to read as follows:

Subpart CCCC--Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units

    3. Section 60.2005 is amended by revising the first sentence to
read as follows:

Sec.  60.2005  When does this subpart become effective?

    This subpart takes effect on [THE DATE 6 MONTHS AFTER PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER]. * * *

    4. Section 60.2015 is amended by revising paragraph (a) to read as
follows:

Sec.  60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any
of the criteria specified in paragraph (a)(1) through (a)(2) of this
section.
    (1) A commercial and industrial solid waste incineration unit that
commenced construction after June 4, 2010.
    (2) A commercial and industrial solid waste incineration unit that
commenced reconstruction or modification after [THE DATE 6 MONTHS AFTER
PUBLICATION OF THE FINAL RULE].
* * * * *
    5. Section 60.2020 is amended by:
    a. Revising the introductory text.
    b. Removing and reserving paragraph (b).
    c. Revising paragraph (c).
    d. Removing and reserving paragraphs (j), (k), and (l).
    e. Revising paragraphs (g), (m) and (n).
    f. Removing paragraph (o).

Sec.  60.2020  What combustion units are exempt from this subpart?

    This subpart exempts the types of units described in paragraphs
(a), (c) through (i) and (m) of this section, but some units are
required to provide notifications. Air curtain incinerators are exempt
from the requirements in this subpart except for the provisions in
Sec. Sec.  60.2242, 60.2250, and 60.2260.
* * * * *
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are
regulated under subpart Ea of this part (Standards of Performance for
Municipal Waste Combustors); subpart Eb of this part (Standards of
Performance for Large Municipal Waste Combustors); subpart Cb of this
part (Emission Guidelines and Compliance Time for Large Municipal
Combustors); AAAA of this part (Standards of Performance for Small
Municipal Waste Combustion Units); or subpart BBBB of this part
(Emission Guidelines for Small Municipal Waste Combustion Units). * * *
* * * * *
    (g) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
* * * * *
    (j) [Reserved]
    (k) [Reserved]
    (l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under
subpart O of this part (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. Sewage sludge incineration unit
designs may include fluidized bed and multiple hearth.

Sec.  60.2025  [Removed]

    6. Section 60.2025 is removed.
    7. Section 60.2030 is amended by:
    a. Revising paragraph (c) introductory text.
    b. Removing and reserving paragraph (c)(5).
    c. Adding paragraphs (c)(8) and (c)(9).

Sec.  60.2030  Who implements and enforces this subpart?

* * * * *
    (c) The authorities that will not be delegated to State, local, or
tribal agencies are specified in paragraphs (c)(1) through (4) and
(c)(6) through (9) of this section.
* * * * *
    (5) [Reserved]
* * * * *
    (8) Approval of alternative opacity emission limits in Sec.
60.2105 under Sec.  60.11(e)(6) through (e)(8).
    (9) Performance test and data reduction waivers under Sec.
60.2125(j).
    8. Section 60.2045 is revised to read as follows:

Sec.  60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence
construction of an incinerator after December 1, 2000.
    (b) You must prepare a siting analysis for CISWI units that
commenced construction after June 4, 2010 or that commenced
reconstruction or modification after [THE DATE 6 MONTHS AFTER
PUBLICATION OF THE FINAL RULE].
    (c) You must prepare a siting analysis if you are required to
submit an initial application for a construction permit under 40 CFR
part 51, subpart I, or 40 CFR part 52, as applicable, for the
reconstruction or modification of your CISWI unit.
    9. Section 60.2070 is amended by revising paragraph (c)(1)(vii) to
read as follows:

Sec.  60.2070  What are the operator training and qualification
requirements?

* * * * *
    (c) * * *
    (1) * * *
    (vii) Actions to prevent malfunctions or to prevent conditions that
may lead to malfunctions.
* * * * *
    10. Section 60.2085 is amended by revising paragraph (d) to read as
follows:

Sec.  60.2085  How do I maintain my operator qualification?

* * * * *
    (d) Prevention of malfunctions or conditions that may lead to
malfunction.
* * * * *
    11. Section 60.2105 is revised to read as follow:

Sec.  60.2105  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each unit, including
bypass stack or vent, specified in table 1 of this subpart or tables 5
through 9 of this subpart by the applicable date in Sec.  60.2140. You
must be in compliance with the emission limitations of this subpart
that apply to you at all times.
    (b) An incinerator that commenced construction after November 30,
1999 but no later than June 4, 2010 or that commenced reconstruction or
modification on or after June 1, 2001 but no later than [THE DATE 6
MONTHS AFTER PUBLICATION OF THE FINAL RULE] must meet the more
stringent emission limit for the respective pollutant in table 1 of
this subpart or table 6 of subpart DDDD.
    (c) Units that do not use wet scrubbers must maintain opacity to
less than or equal to the percent opacity (1-hour block average)
specified in table 1 of this subpart or tables 5 through 9 of this
subpart, as applicable.
    12. Section 60.2110 is amended by adding paragraphs (d), (e) and
(f) to read as follows:

Sec.  60.2110  What operating limits must I meet and by when?

* * * * *
    (d) If you use an electrostatic precipitator to comply with the
emission limitations, you must measure the voltage and amperage of the
electrostatic precipitator collection plates during the particulate
matter performance test. Calculate the average value of these
parameters for each test run. The minimum test run averages establish
your site-specific minimum voltage and amperage operating limits for
the electrostatic precipitator.
    (e) If you use activated carbon injection to comply with the
emission limitations, you must measure the mercury sorbent flow rate
during the mercury performance test. The minimum mercury sorbent flow
rate test run averages establish your site-specific minimum mercury
sorbent flow rate.
    (f) If you use selective noncatalytic reduction to comply with the
emission

limitations, you must establish the maximum charge rate, the minimum
secondary chamber temperature (if applicable to your CISWI unit) and
the minimum reagent flow rate as site-specific operating parameters
during the initial nitrogen oxides performance test to determine
compliance with the emissions limits.
    13. Section 60.2115 is revised to read as follows:

Sec.  60.2115  What if I do not use a wet scrubber, activated carbon
injection, selective noncatalytic reduction, or an electrostatic
precipitator to comply with the emission limitations?

    (a) If you use an air pollution control device other than a wet
scrubber, activated carbon injection, selective noncatalytic reduction,
or an electrostatic precipitator or limit emissions in some other
manner to comply with the emission limitations under Sec.  60.2105, you
must petition the EPA Administrator for specific operating limits to be
established during the initial performance test and continuously
monitored thereafter. You must not conduct the initial performance test
until after the petition has been approved by the Administrator. Your
petition must include the 5 items listed in paragraphs (1) through (5)
of this section.
    (1) Identification of the specific parameters you propose to use as
additional operating limits.
    (2) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
    (3) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the operating limits
on these parameters.
    (4) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
    (5) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
    (b) For energy recovery units that do not use a wet scrubber, you
must install, operate, certify and maintain a continuous opacity
monitoring system according to the procedures in Sec.  60.2145 by the
compliance date specified in Sec.  60.2105.

Sec.  60.2120  [Removed]

    14. Section 60.2120 is removed.
    15. Section 60.2125 is amended by revising paragraph (c) and adding
paragraphs (h) through (n) to read as follows:

Sec.  60.2125  How do I conduct the initial and annual performance
test?

* * * * *
    (c) All performance tests must be conducted using the minimum run
duration specified in table 1 of this subpart or tables 5 through 9 of
this subpart.
* * * * *
    (h) Method 22 of appendix A-7 of this part must be used to
determine compliance with the fugitive ash emission limit in table 1 of
this subpart or tables 5 through 9 of this subpart.
    (i) Except as specified in paragraphs (i)(1),(i)(2), (i)(3), and
(i)(4) of this section, within 60 days after achieving the maximum
production rate at which the affected facility will be operated, but
not later than 180 days after initial startup of such facility, or at
such other times specified by this part, and at such other times as may
be required by the Administrator under Section 114 of the Clean Air
Act, the owner or operator of such facility must conduct performance
test(s) and furnish the Administrator a written report of the results
of such performance test(s).
    (1) If a force majeure is about to occur, occurs, or has occurred
for which the affected owner or operator intends to assert a claim of
force majeure, the owner or operator must notify the Administrator, in
writing as soon as practicable following the date the owner or operator
first knew, or through due diligence should have known that the event
may cause or caused a delay in testing beyond the regulatory deadline,
but the notification must occur before the performance test deadline
unless the initial force majeure or a subsequent force majeure event
delays the notice, and in such cases, the notification must occur as
soon as practicable.
    (2) The owner or operator must provide to the Administrator a
written description of the force majeure event and a rationale for
attributing the delay in testing beyond the regulatory deadline to the
force majeure; describe the measures taken or to be taken to minimize
the delay; and identify a date by which the owner or operator proposes
to conduct the performance test. The performance test must be conducted
as soon as practicable after the force majeure occurs.
    (3) The decision as to whether or not to grant an extension to the
performance test deadline is solely within the discretion of the
Administrator. The Administrator will notify the owner or operator in
writing of approval or disapproval of the request for an extension as
soon as practicable.
    (4) Until an extension of the performance test deadline has been
approved by the Administrator under paragraphs (i)(1), (2), and (3) of
this section, the owner or operator of the affected facility remains
strictly subject to the requirements of this part.
    (j) Performance tests must be conducted and data reduced in
accordance with the test methods and procedures contained in this
subpart unless the Administrator does one of the following.
    (1) Specifies or approves, in specific cases, the use of a
reference method with minor changes in methodology.
    (2) Approves the use of an equivalent method.
    (3) Approves the use of an alternative method the results of which
he has determined to be adequate for indicating whether a specific
source is in compliance.
    (4) Waives the requirement for performance tests because the owner
or operator of a source has demonstrated by other means to the
Administrator's satisfaction that the affected facility is in
compliance with the standard.
    (5) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors. Nothing in this
paragraph is construed to abrogate the Administrator's authority to
require testing under Section 114 of the Clean Air Act.
    (k) Performance tests must be conducted under such conditions as
the Administrator shall specify to the plant operator based on
representative performance of the affected facility. The owner or
operator must make available to the Administrator such records as may
be necessary to determine the conditions of the performance tests.
    (l) The owner or operator of an affected facility must provide the
Administrator at least 30 days' prior notice of any performance test,
except as specified under other subparts, to afford the Administrator
the opportunity to have an observer present. If after 30 days' notice
for an initially scheduled performance test, there is a delay (due to
operational problems, etc.) in conducting the scheduled performance
test, the owner or operator of an affected facility must notify the
Administrator (or delegated State or local agency) as soon as possible
of any delay in the original test date, either by providing at least 7
days' prior notice of the rescheduled date of the performance

test, or by arranging a rescheduled date with the Administrator (or
delegated State or local agency) by mutual agreement.
    (m) The owner or operator of an affected facility must provide, or
cause to be provided, performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such
facility. This includes the following.
    (i) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures.
    (ii) Providing a stack or duct free of cyclonic flow during
performance tests, as demonstrated by applicable test methods and
procedures.
    (2) Safe sampling platform(s).
    (3) Safe access to sampling platform(s).
    (4) Utilities for sampling and testing equipment.
    (n) Unless otherwise specified in this subpart, each performance
test must consist of three separate runs using the applicable test
method. Each run must be conducted for the time and under the
conditions specified in the applicable standard. For the purpose of
determining compliance with an applicable standard, the arithmetic
means of results of the three runs apply. In the event that a sample is
accidentally lost or conditions occur in which one of the three runs
must be discontinued because of forced shutdown, failure of an
irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances, beyond the owner or operator's
control, compliance may, upon the Administrator's approval, be
determined using the arithmetic mean of the results of the two other
runs.
    16. Section 60.2130 is revised to read as follows:

Sec.  60.2130  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with
the emission limitations in table 1 of this subpart or tables 5 through
9 of this subpart.
    17. Section 60.2135 is revised to read as follows:

Sec.  60.2135  How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?

    You must conduct an initial performance test, as required under
Sec.  60.2105 and Sec.  60.2125 to determine compliance with the
emission limitations in table 1 of this subpart or tables 5 through 9
of this subpart and to establish operating limits using the procedures
in Sec.  60.2110 or Sec.  60.2115. The initial performance test must be
conducted using the test methods listed in table 1 of this subpart or
tables 5 through 9 of this subpart and the procedures in Sec.  60.2125.
The use of the bypass stack during a performance test shall invalidate
the performance test.
    18. Section 60.2141 is added to read as follows:

Sec.  60.2141  By what date must I conduct the initial air pollution
control device inspection?

    (a) The initial air pollution control device inspection must be
conducted within 60 days after installation of the control device and
the associated CISWI unit reaches the charge rate at which it will
operate, but no later than 180 days after the device's initial startup.
    (b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless the
owner or operator obtains written approval from the State agency
establishing a date whereby all necessary repairs of the designated
facility must be completed.
    19. Section 60.2145 is amended by revising paragraph (a) and (b)
and adding paragraphs (d) through (t) to read as follows:

Sec.  60.2145  How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for particulate
matter, hydrogen chloride, fugitive ash and opacity for each CISWI unit
as required under Sec.  60.2125 to determine compliance with the
emission limitations. The annual performance test must be conducted
using the test methods listed in table 1 of this subpart or tables 5
through 9 of this subpart and the procedures in Sec.  60.2125.
    (b) You must continuously monitor the operating parameters
specified in Sec.  60.2110 or established under Sec.  60.2115.
Operation above the established maximum or below the established
minimum operating limits constitutes a deviation from the established
operating limits. Three-hour rolling average values are used to
determine compliance (except for baghouse leak detection system alarms)
unless a different averaging period is established under Sec.  60.2115.
Operating limits are confirmed or reestablished during performance
tests.
* * * * *
    (d) For energy recovery units, incinerators, burn-off ovens and
small remote units, you must perform annual visual emissions test for
ash handling.
    (e) For energy recovery units, you must conduct an annual
performance test for opacity (except where particulate matter
continuous emissions monitoring system are used for compliance) and the
pollutants (except for carbon monoxide) listed in table 1 of this
subpart or tables 5 through 9 of this subpart.
    (f) For energy recovery units, demonstrate continuous compliance
with the carbon monoxide emission limit using a carbon monoxide
continuous emissions monitoring system according to the following
requirements:
    (1) Determine continuous compliance with the carbon monoxide
emissions limit using a 24-hour block average, calculated as specified
in section 12.4.1 of EPA Reference Method 19 of appendix A-7 of this
part.
    (2) Operate the carbon monoxide continuous emissions monitoring
system in accordance with the requirements of performance specification
4B of appendix B of this part and quality assurance procedure one of
appendix F of this part.
    (g) For energy recovery units with design capacities greater than
250 MMBtu/hr, demonstrate continuous compliance with the particulate
matter emissions limit using a particulate matter continuous emissions
monitoring system according to the procedures in Sec.  60.2165(n).
    (h) For waste-burning kilns, you must conduct an annual performance
test for particulate matter, hydrogen chloride, fugitive ash and
opacity (as mentioned in Sec.  60.2145(a)), nitrogen oxides and sulfur
dioxide as listed in table 7 of this subpart. You must determine
compliance with the mercury emissions limit using a mercury continuous
emissions monitoring system according to the following requirements:
    (1) Operate a continuous emission monitor in accordance with
performance specification 12A of 40 CFR part 60, appendix B or a
sorbent trap based integrated monitor in accordance with performance
specification 12B of 40 CFR part 60, appendix B or appendix K of 40 CFR
part 75. The duration of the performance test must be a calendar month.
For each calendar month in which the waste-burning kiln operates,
hourly mercury concentration data and stack gas volumetric flow rate
data must be obtained.
    (2) Owners or operators using a mercury continuous emissions
monitoring system must install, operate, calibrate and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the

atmosphere according to the requirements of performance specification
12A of 40 CFR part 60, appendix B and quality assurance procedure 5 of
40 CFR part 60, appendix F, upon promulgation.
    (3) The owner or operator of a waste-burning kiln must demonstrate
initial compliance by operating a mercury continuous emissions
monitoring system while the raw mill of the in-line kiln/raw mill is
under normal operating conditions and while the raw mill of the in-line
kiln/raw mill is not operating.
    (i) If you use an air pollution control device to meet the emission
limitations in this subpart, you must conduct an initial and annual
inspection of the air pollution control device. The inspection must
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the
requirements in paragraph (j) of this section. This requirement also
applies to you if you petition the EPA Administrator for alternative
monitoring parameters under Sec.  60.13(i).
    (j) For each continuous monitoring system required in this section,
you must develop and submit to the EPA Administrator for approval a
site-specific monitoring plan according to the requirements of this
paragraph (j) that addresses paragraphs (j)(1)(i) through (vi) of this
section.
    (1) You must submit this site-specific monitoring plan at least 60
days before your initial performance evaluation of your continuous
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
    (ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec.  60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4),
(d), (e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous
monitoring system in accordance with your site-specific monitoring
plan.
    (3) You must operate and maintain the continuous monitoring system
in continuous operation according to the site-specific monitoring plan.
    (k) If you have an operating limit that requires the use of a flow
measurement device, you must meet the requirements in paragraphs (j)
and (k)(1) through (4) of this section.
    (1) Locate the flow sensor and other necessary equipment in a
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of 2 percent
of the flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (l) If you have an operating limit that requires the use of a
pressure measurement device, you must meet the requirements in
paragraphs (j) and (l)(1) through (6) of this section.
    (1) Locate the pressure sensor(s) in a position that provides a
representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration and
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 1.27 centimeters of
water or a transducer with a minimum tolerance of 1 percent of the
pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
    (m) If you have an operating limit that requires the use of a pH
measurement device, you must meet the requirements in paragraphs (j)
and (m)(1) through (3) of this section.
    (1) Locate the pH sensor in a position that provides a
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8
hours of process operation.
    (n) If you have an operating limit that requires the use of
equipment to monitor voltage and secondary current (or total power
input) of an electrostatic precipitator, you must use voltage and
secondary current monitoring equipment to measure voltage and secondary
current to the electrostatic precipitator.
    (o) If you have an operating limit that requires the use of
equipment to monitor sorbent injection rate (e.g., weigh belt, weigh
hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (j) and (o)(1) through (3) of this section.
    (1) Locate the device in a position(s) that provides a
representative measurement of the total sorbent injection rate.
    (2) Install and calibrate the device in accordance with
manufacturer's procedures and specifications.
    (3) At least annually, calibrate the device in accordance with the
manufacturer's procedures and specifications.
    (p) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain and continuously operate a bag leak detection
system as specified in paragraphs (p)(1) through (8) of this section.
    (1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated,
calibrated and maintained in a manner consistent with the
manufacturer's written specifications and recommendations and in
accordance with the guidance provided in EPA-454/R-98-015, September
1997.
    (3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm
system that will sound automatically when an increase in relative
particulate matter emissions over a preset level is detected. The alarm
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a bag leak detection
system must be installed in each baghouse compartment or cell.
    (8) Where multiple bag leak detectors are required, the system's

instrumentation and alarm may be shared among detectors.
    (q) For facilities using a continuous emissions monitoring system
to demonstrate compliance with the sulfur dioxide emission limit,
compliance with the sulfur dioxide emission limit may be demonstrated
by using the continuous emission monitoring system specified in Sec.
60.2165 to measure sulfur dioxide and calculating a 24-hour daily
geometric average emission concentration using EPA Reference Method 19,
sections 4.3 and 5.4, as applicable. The sulfur dioxide continuous
emission monitoring system must be operated according to performance
specification 2 in appendix B of this part and must follow the
procedures and methods specified in this paragraph (q). For sources
that have actual inlet emissions less than 100 parts per million dry
volume, the relative accuracy criterion for inlet sulfur dioxide
continuous emission monitoring systems should be no greater than 20
percent of the mean value of the reference method test data in terms of
the units of the emission standard, or 5 parts per million dry volume
absolute value of the mean difference between the reference method and
the continuous emission monitoring systems, whichever is greater.
    (1) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 2 in
appendix B of this part, sulfur dioxide and oxygen (or carbon dioxide)
data must be collected concurrently (or within a 30- to 60-minute
period) by both the continuous emission monitors and the test methods
specified in paragraphs (q)(1)(i) and (q)(1)(ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6, 6A, or 6C, or as an
alternative ANSI/ASME PTC-19.10-1981 Flue and Exhaust Gas Analysis
[Part 10, Instruments and Apparatus] (incorporated by reference, see
Sec.  60.17], must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or
3B, or as an alternative ANSI/ASME PTC-19.10-1981 Flue and Exhaust Gas
Analysis [Part 10, Instruments and Apparatus] (incorporated by
reference, see Sec.  60.17] as applicable, must be used.
    (2) The span value of the continuous emissions monitoring system at
the inlet to the sulfur dioxide control device must be 125 percent of
the maximum estimated hourly potential sulfur dioxide emissions of the
unit subject to this rule. The span value of the continuous emission
monitoring system at the outlet of the sulfur dioxide control device
must be 50 percent of the maximum estimated hourly potential sulfur
dioxide emissions of the unit subject to this rule.
    (3) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 1 in appendix F of
this part.
    (4) When sulfur dioxide emissions data are not obtained because of
continuous emission monitoring system breakdowns, repairs, calibration
checks and/or zero and span adjustments, emissions data must be
obtained by using other monitoring systems as approved by EPA or EPA
Reference Method 19 to provide, as necessary, valid emissions data for
a minimum of 85 percent of the hours per day, 90 percent of the hours
per calendar quarter, and 95 percent of the hours per calendar year
that the affected facility is operated and combusting solid waste (as
that term is defined by the Administrator pursuant to Subtitle D of
RCRA).
    (r) For facilities using a continuous emissions monitoring system
to demonstrate continuous compliance with the nitrogen oxides emission
limit, compliance with the nitrogen oxides emission limit may be
demonstrated by using the continuous emission monitoring system
specified in Sec.  60.2165 to measure nitrogen oxides and calculating a
24-hour daily arithmetic average emission concentration using EPA
Reference Method 19, section 4.1. The nitrogen oxides continuous
emission monitoring system must be operated according to performance
specification 2 in appendix B of this part and must follow the
procedures and methods specified in paragraphs (r)(1) through (r)(5) of
this section.
    (1) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 2 of
appendix B of this part, nitrogen oxides and oxygen (or carbon dioxide)
data must be collected concurrently (or within a 30- to 60-minute
period) by both the continuous emission monitors and the test methods
specified in paragraphs (r)(1)(i) and (r)(1)(ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7, 7A, 7C, 7D, or 7E
must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or
3B, or as an alternative ANSI/ASME PTC-19.10-1981--Flue and Exhaust Gas
Analysis [Part 10, Instruments and Apparatus] (incorporated by
reference, see Sec.  60.17] as applicable, must be used.
    (2) The span value of the continuous emission monitoring system
must be 125 percent of the maximum estimated hourly potential nitrogen
oxide emissions of unit.
    (3) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 1 in appendix F of
this part.
    (4) When nitrogen oxides continuous emissions monitoring system
data are not obtained because of continuous emission monitoring system
breakdowns, repairs, calibration checks and zero and span adjustments,
emissions data must be obtained using other monitoring systems as
approved by EPA or EPA Reference Method 19 to provide, as necessary,
valid emissions data for a minimum of 85 percent of the hours per day,
90 percent of the hours per calendar quarter, and 95 percent of the
hours per calendar year the unit is operated and combusting solid
waste.
    (5) The owner or operator of an affected facility may request that
compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (r)(5)(i) through
(r)(5)(iv) of this section. This relationship may be re-established
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3, 3A, or 3B, or as an alternative ANSI/ASME PTC-
19.10-1981--Flue and Exhaust Gas Analysis [Part 10, Instruments and
Apparatus] (incorporated by reference, see Sec.  60.17) as applicable,
must be used to determine the oxygen concentration at the same location
as the carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of 3 runs must be performed.
    (s) For facilities using a continuous emissions monitoring system
to demonstrate continuous compliance with any of the emission limits of
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s)
using a 24-hour block average, calculated following the procedures in
EPA Method 19 of appendix A-7 of this part.
    (2) Operate all continuous emissions monitoring systems in
accordance with

the applicable procedures under appendices B and F of this part.
    (t) Use of the bypass stack at any time is an emissions standards
deviation for particulate matter, HCl, Pb, Cd and Hg.
    20. Section 60.2150 is revised to read as follows:

Sec.  60.2150  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months
following the initial performance test. Conduct subsequent annual
performance tests within 12 months following the previous one.
    21. Section 60.2151 is added to read as follows:

Sec.  60.2151  By what date must I conduct the annual air pollution
control device inspection?

    On an annual basis (no more than 12 months following the previous
annual air pollution control device inspection), you must complete the
air pollution control device inspection as described in Sec.  60.2141.
    22. Section 60.2155 is revised to read as follows:

Sec.  60.2155  May I conduct performance testing less often?

    (a) You can test less often for particulate matter, hydrogen
chloride, fugitive ash, or opacity, provided:
    (1) You have test data for at least 3 consecutive years.
    (2) The test data results for particulate matter, hydrogen
chloride, fugitive ash, or opacity is less than 75 percent of the
emissions or opacity limit.
    (3) There are no changes in the operation of the affected source or
air pollution control equipment that could affect emissions. In this
case, you do not have to conduct a performance test for that pollutant
for the next 2 years. You must conduct a performance test during the
third year and no more than 36 months following the previous
performance test.
    (b) If your CISWI unit continues to emit less than 75 percent of
the emission limitation for particulate matter, hydrogen chloride,
fugitive ash, or opacity, and there are no changes in the operation of
the affected facility or air pollution control equipment that could
increase emissions, you may choose to conduct performance tests for
these pollutants every third year, but each test must be within 36
months of the previous performance test.
    (c) If a performance test shows emissions exceeded 75 percent or
greater of the emission or opacity limitation for particulate matter,
hydrogen chloride, fugitive ash, or opacity, you must conduct annual
performance tests for that pollutant until all performance tests over a
3-year period are within 75 percent of the applicable emission
limitation.
    23. Section 60.2165 is amended by revising paragraph (c) and adding
paragraphs (d) through (p) to read as follows:

Sec.  60.2165  What monitoring equipment must I install and what
parameters must I monitor?

* * * * *
    (c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, or an electrostatic
precipitator to comply with the emission limitations under Sec.
60.2105, you must install, calibrate (to the manufacturers'
specifications), maintain and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec.  60.2115.
    (d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.2125, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI unit) or the minimum reagent
flow rate measured as 3-hour rolling averages (calculated each hour as
the average of the previous 3 operating hours) at all times. Operating
parameter limits do not apply during performance tests.
    (2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart, you must monitor the voltage and
amperage of the electrostatic precipitator collection plates and
maintain the 3-hour block averages at or above the operating limits
established during the mercury or particulate matter performance test.
    (g) To demonstrate continuous compliance with the hydrogen chloride
emissions limit, a facility may substitute use of a hydrogen chloride
continuous emissions monitoring system for conducting the hydrogen
chloride annual performance test, monitoring the minimum hydrogen
chloride sorbent flow rate and monitoring the minimum scrubber liquor
pH.
    (h) To demonstrate continuous compliance with the particulate
matter emissions limit, a facility may substitute use of a particulate
matter continuous emissions monitoring system for conducting the
particulate matter annual performance test and monitoring the minimum
pressure drop across the wet scrubber, if applicable.
    (i) To demonstrate continuous compliance with the dioxin/furan
emissions limit, a facility may substitute use of a continuous
automated sampling system for the dioxin/furan annual performance test.
You must record the output of the system and analyze the sample
according to EPA Method 23 of appendix A-7 of this part. This option to
use a continuous automated sampling system takes effect on the date a
final performance specification applicable to dioxin/furan from
continuous monitors is published in the Federal Register. The owner or
operator who elects to continuously sample dioxin/furan emissions
instead of sampling and testing using EPA Method 23 of appendix A-7
must install, calibrate, maintain and operate a continuous automated
sampling system and must comply with the requirements specified in
Sec.  60.58b(p) and (q).
    (j) To demonstrate continuous compliance with the mercury emissions
limit, a facility may substitute use of a continuous automated sampling
system for the mercury annual performance test. You must record the
output of the system and analyze the sample at set intervals using any
suitable determinative technique that can meet appropriate performance
criteria. This option to use a continuous automated sampling system
takes effect on the date a final performance specification applicable
to mercury from monitors is published in the Federal Register. The
owner or operator who elects to continuously sample mercury emissions
instead of sampling and testing using EPA Reference Method 29 of
appendix A-8 of this part, ASTM D6784-02 (2008), Standard Test Method
for Elemental, Oxidized, Particle Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), or
an approved alternative method for measuring mercury emissions, must
install, calibrate, maintain and operate a continuous automated
sampling system

and must comply with the requirements specified in Sec.  60.58b(p) and
(q).
    (k) To demonstrate continuous compliance with the nitrogen oxides
emissions limit, a facility may substitute use of a continuous
emissions monitoring system for the nitrogen oxides annual performance
test to demonstrate compliance with the nitrogen oxides emissions
limits.
    (1) Install, calibrate, maintain and operate a continuous emission
monitoring system for measuring nitrogen oxides emissions discharged to
the atmosphere and record the output of the system. The requirements
under performance specification 2 of appendix B of this part, the
quality assurance procedure one of appendix F of this part and the
procedures under Sec.  60.13 must be followed for installation,
evaluation and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for
nitrogen oxides is completed or is required to be completed under Sec.
60.2125, compliance with the emission limit for nitrogen oxides
required under Sec.  60.52b(d) must be determined based on the 24-hour
daily arithmetic average of the hourly emission concentrations using
continuous emission monitoring system outlet data. The 1-hour
arithmetic averages must be expressed in parts per million by volume
(dry basis) and used to calculate the 24-hour daily arithmetic average
concentrations. The 1-hour arithmetic averages must be calculated using
the data points required under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide
emissions limit, a facility may substitute use of a continuous
automated sampling system for the sulfur dioxide annual performance
test to demonstrate compliance with the sulfur dioxide emissions
limits.
    (1) Install, calibrate, maintain and operate a continuous emission
monitoring system for measuring sulfur dioxide emissions discharged to
the atmosphere and record the output of the system. The requirements
under performance specification 2 of appendix B of this part, the
quality assurance requirements of procedure one of appendix F of this
part and procedures under Sec.  60.13 must be followed for
installation, evaluation and operation of the continuous emission
monitoring system.
    (2) Following the date that the initial performance test for sulfur
dioxide is completed or is required to be completed under Sec.
60.2125, compliance with the sulfur dioxide emission limit may be
determined based on the 24-hour daily geometric average of the hourly
arithmetic average emission concentrations using continuous emission
monitoring system outlet data. The 1-hour arithmetic averages must be
expressed in parts per million corrected to 7 percent oxygen (dry
basis) and used to calculate the 24-hour daily geometric average
emission concentrations and daily geometric average emission percent
reductions. The 1-hour arithmetic averages must be calculated using the
data points required under Sec.  60.13(e)(2).
    (m) For energy recovery units that do not use a wet scrubber, you
must install, operate, certify and maintain a continuous opacity
monitoring system according to the procedures in paragraphs (m)(1)
through (5) of this section by the compliance date specified in Sec.
60.2105. Energy recovery units that use a particulate matter continuous
emissions monitoring system to demonstrate initial and continuing
compliance according to the procedures in Sec.  60.2165(n) are not
required to install a continuous opacity monitoring system and must
perform the annual performance tests for opacity consistent with Sec.
60.2145(e).
    (1) Install, operate and maintain each continuous opacity
monitoring system according to performance specification 1 of 40 CFR
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec.  60.13 and
according to PS-1 of 40 CFR part 60, appendix B.
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as
specified in Sec.  60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
    (n) For energy recovery units with design capacities greater than
250 MMBtu/hr, in place of particulate matter testing with EPA Method 5,
an owner or operator must install, calibrate, maintain and operate a
continuous emission monitoring system for monitoring particulate matter
emissions discharged to the atmosphere and record the output of the
system. The owner or operator of an affected facility who continuously
monitors particulate matter emissions instead of conducting performance
testing using EPA Method 5 must install, calibrate, maintain and
operate a continuous emission monitoring system and must comply with
the requirements specified in paragraphs (n)(1) through (n)(14) of this
section.
    (1) Notify the Administrator one (1) month before starting use of
the system.
    (2) Notify the Administrator one (1) month before stopping use of
the system.
    (3) The monitor must be installed, evaluated and operated in
accordance with the requirements of performance specification 11 of
appendix B of this part and quality assurance requirements of procedure
two of appendix F of this part and Sec.  60.13.
    (4) The initial performance evaluation must be completed no later
than 180 days after the date of initial startup of the affected
facility, as specified under Sec.  60.2125 or within 180 days of
notification to the Administrator of use of the continuous monitoring
system if the owner or operator was previously determining compliance
by Method 5 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec.  60.2145(r)(5)(i) through
(r)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions as required
under Sec.  60.2125. Compliance with the particulate matter emission
limit must be determined by using the continuous emission monitoring
system specified in paragraph (n) of this section to measure
particulate matter and calculating a 24-hour block arithmetic average
emission concentration using EPA Reference Method 19, section 4.1.
    (7) Compliance with the particulate matter emission limit must be
determined based on the 24-hour daily (block) average of the hourly
arithmetic average emission concentrations using continuous emission
monitoring system outlet data.
    (8) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified in Sec.  60.2170(e).
    (9) The 1-hour arithmetic averages required under paragraph (n)(7)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and
must be used to calculate the 24-hour daily arithmetic average emission
concentrations. The 1-hour arithmetic averages must be calculated

using the data points required under Sec.  60.13(e)(2).
    (10) All valid continuous emission monitoring system data must be
used in calculating average emission concentrations even if the minimum
continuous emission monitoring system data requirements of paragraph
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system must be operated
according to performance specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the continuous
emission monitoring system required by performance specification 11 in
appendix B of this part, particulate matter and oxygen (or carbon
dioxide) data must be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emission monitors and the
following test methods.
    (i) For particulate matter, EPA Reference Method 5 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or
3B, as applicable must be used.
    (13) Quarterly accuracy determinations and daily calibration drift
tests must be performed in accordance with procedure 2 in appendix F of
this part.
    (14) When particulate matter emissions data are not obtained
because of continuous emission monitoring system breakdowns, repairs,
calibration checks and zero and span adjustments, emissions data must
be obtained by using other monitoring systems as approved by the
Administrator or EPA Reference Method 19 to provide, as necessary,
valid emissions data for a minimum of 85 percent of the hours per day,
90 percent of the hours per calendar quarter, and 95 percent of the
hours per calendar year that the affected facility is operated and
combusting waste.
    (o) For energy recovery units, operate the carbon monoxide
continuous emissions monitoring system in accordance with the
requirements of performance specification 4B of appendix B of this part
and quality assurance procedure 1 of appendix F of this part.
    (p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
    24. Section 60.2170 is revised to read as follows:

Sec.  60.2170  Is there a minimum amount of monitoring data I must
obtain?

    (a) You must conduct all monitoring at all times the CISWI unit is
operating.
    (b) You must use all the data collected during all periods in
assessing compliance with the operating limits.
    (c) For continuous emission monitoring systems for measuring sulfur
dioxide emissions, valid continuous monitoring system hourly averages
must be obtained as specified in paragraphs (c)(1) and (c)(2) of this
section for a minimum of 85 percent of the hours per day, 90 percent of
the hours per calendar quarter, and 95 percent of the hours per
calendar year that the affected facility is combusting waste. All valid
continuous emission monitoring system data must be used in calculating
average emission concentrations and percent reductions even if the
minimum continuous emission monitoring system data requirements of this
paragraph (c) are not met.
    (1) At least 2 data points per hour must be used to calculate each
1-hour arithmetic average.
    (2) Each sulfur dioxide 1-hour arithmetic average must be corrected
to 7 percent oxygen on an hourly basis using the 1-hour arithmetic
average of the oxygen (or carbon dioxide) continuous emission
monitoring system data.
    (d) For continuous emission monitoring systems for measuring
nitrogen oxides emissions, valid continuous emission monitoring system
hourly averages must be obtained as specified in paragraphs (d)(1) and
(d)(2) of this section for a minimum of 85 percent of the hours per
day, 90 percent of the hours per calendar quarter, and 95 percent of
the hours per calendar year that the affected facility is combusting
waste. All valid continuous emission monitoring system data must be
used in calculating average emission concentrations and percent
reductions even if the minimum continuous emission monitoring system
data requirements of this paragraph (d) are not met.
    (1) At least 2 data points per hour must be used to calculate each
1-hour arithmetic average.
    (2) Each nitrogen oxides 1-hour arithmetic average must be
corrected to 7 percent oxygen on an hourly basis using the 1-hour
arithmetic average of the oxygen (or carbon dioxide) continuous
emission monitoring system data.
    (e) For continuous emission monitoring systems for measuring
particulate matter emissions, valid continuous monitoring system hourly
averages must be obtained as specified in paragraphs (e)(1) and (e)(2)
of this section for a minimum of 85 percent of the hours per day, 90
percent of the hours per calendar quarter, and 95 percent of the hours
per calendar year that the affected source is combusting waste. All
valid continuous emission monitoring system data must be used in
calculating average emission concentrations and percent reductions even
if the minimum continuous emission monitoring system data requirements
of this paragraph (e) are not met.
    (1) At least 2 data points per hour must be used to calculate each
one-hour arithmetic average.
    (2) Each particulate matter one-hour arithmetic average must be
corrected to 7 percent oxygen on an hourly basis using the one-hour
arithmetic average of the oxygen (or carbon dioxide) continuous
emission monitoring system data.
    25. Section 60.2175 is amended by:
    a. Revising the introductory text.
    b. Revising paragraphs (b)(5) and (e).
    c. Removing and reserving paragraphs (c) and (d).
    d. Adding paragraphs (o) through (u).

Sec.  60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (u) of this section for a period
of at least 5 years:
* * * * *
    (b) * * *
    (5) For affected CISWI units that establish operating limits for
controls other than wet scrubbers under Sec.  60.2110(d) through (f) or
Sec.  60.2115, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits.
* * * * *
    (c) [Reserved]
    (d) [Reserved]
    (e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 2 of this subpart or a
deviation from other operating limits established under Sec.
60.2110(d) through (f) or Sec.  60.2115 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken.
* * * * *
    (o) Maintain records of the annual air pollution control device
inspections that are required for each CISWI unit subject to the
emissions limits in table 1 of this subpart or tables 5 through 9 of
this subpart, any required maintenance and any repairs not completed
within 10 days of an inspection or the timeframe established by the
State regulatory agency.

    (p) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All one-hour average concentrations of particulate matter
emissions.
    (6) All one-hour average concentrations of mercury emissions.
    (7) All one-hour average concentrations of hydrogen chloride
emissions.
    (q) Records indicating use of the bypass stack, including dates,
times and durations.
    (r) If you choose to stack test less frequently than annually,
consistent with Sec.  60.2155(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
    (s) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
    (t) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    26. Section 60.2210 is amended by revising paragraph (e) and adding
paragraphs (k) through (o) to read as follows:

Sec.  60.2210  What information must I include in my annual report?

* * * * *
    (e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period.
* * * * *
    (k) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation
that occurs for a CISWI unit for which you are not using a CMS to
comply with the emission or operating limitations in this subpart, the
annual report must contain the following information.
    (1) The total operating time of the CISWI unit at which the
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
    (m) If there were periods during which the continuous monitoring
system, including the continuous emission monitoring system, was out of
control as specified in paragraph (o) of this section, the annual
report must contain the following information for each deviation from
an emission or operating limitation occurring for a CISWI unit for
which you are using a continuous monitoring system to comply with the
emission and operating limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring
system was out-of-control, including start and end dates and hours and
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period.
    (5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the CISWI unit at which the continuous monitoring
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system
certification or audit.
    (12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring
system, including the continuous emission monitoring system, was not
out of control as specified in paragraph (o) of this section, a
statement that there were not periods during which the continuous
monitoring system was out of control during the reporting period.
    (o) A continuous monitoring system is out of control if any of the
following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
    (2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.
    27. Section 60.2220 is amended by revising paragraph (c) and
removing paragraphs (e) and (f).

Sec.  60.2220  What must I include in the deviation report?

* * * * *
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits
and your corrective actions.
    (2) Bypass events and your corrective actions.
* * * * *
    28. Section 60.2235 is revised to read as follows:

Sec.  60.2235  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
    (b) After December 31, 2011, within 60 days after the date of
completing each performance evaluation conducted to demonstrate
compliance with this subpart, the owner or operator of the affected
facility must submit the test data to EPA by entering the data
electronically into EPA's WebFIRE database through EPA's Central Data
Exchange. The owner or operator of an affected source shall enter the
test data into EPA's database using the Electronic Reporting Tool or
other compatible electronic spreadsheet. Only performance evaluation
data collected using methods compatible with ERT are subject to this
requirement to be submitted electronically into EPA's WebFIRE database.
    29. Section 60.2242 is revised to read as follows:

Sec.  60.2242  Am I required to apply for and obtain a title V
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator affected by this
subpart must operate pursuant to a permit issued under Section 129(e)
and title V of the Clean Air Act.
    30. Section 60.2250 is revised to read as follows:

Sec.  60.2250  What are the emission limitations for air curtain
incinerators?

    Within 60 days after your air curtain incinerator reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup, you must meet the two limitations specified in
paragraphs (a) and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity
(as determined by the average of three one-hour blocks consisting of 10
six minute average opacity values), except as described in paragraph
(b) of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity
(as determined by the average of three 1-hour blocks consisting of ten
6-minute average opacity values) during the startup period that is
within the first 30 minutes of operation.
    31. Section 60.2260 is amended by revising paragraph (d) to read as
follows:

Sec.  60.2260  What are the recordkeeping and reporting requirements
for air curtain incinerators?

* * * * *
    (d) You must submit the results (as determined by the average of
three 1-hour blocks consisting of ten 6-minute average opacity values)
of the initial opacity tests no later than 60 days following the
initial test. Submit annual opacity test results within 12 months
following the previous report.
* * * * *
    32. Section 60.2265 is amended by:
    a. Adding definitions for ``Burn-off oven'', ``Bypass stack'',
``Energy recovery unit'', ``Incinerator'', ``Kiln'', ``Minimum voltage
or amperage'', ``Opacity'', ``Raw mill'', ``Small remote incinerator'',
``Solid waste incineration unit'' and ``Waste-burning kiln'', in
alphabetical order.
    b. Revising the definitions for ``Commercial and industrial solid
waste incineration (CISWI) unit'' and ``Deviation''.
    c. Removing the definition for ``Agricultural waste'', ``Commercial
or industrial waste'', ``Malfunction'' and ``Solid waste''.

Sec.  60.2265  What definitions must I know?

* * * * *
    Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit.
    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
* * * * *
    Commercial and industrial solid waste incineration (CISWI) unit
means any distinct operating unit of any commercial or industrial
facility that combusts any solid waste pursuant to Subtitle D of RCRA.
While not all CISWI units will include all of the following components,
a CISWI unit includes, but is not limited to, the solid waste feed
system, grate system, flue gas system, waste heat recovery equipment,
if any, and bottom ash system. The CISWI unit does not include air
pollution control equipment or the stack. The CISWI unit boundary
starts at the solid waste hopper (if applicable) and extends through
two areas: The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and the combustion unit bottom ash system, which
ends at the truck loading station or similar equipment that transfers
the ash to final disposal. The CISWI unit includes all ash handling
systems connected to the bottom ash handling system.
* * * * *
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements.
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
* * * * *
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator pursuant to Subtitle D of
RCRA) for energy recovery. Energy recovery units include units that
would be considered boilers and process heaters if they did not combust
solid waste.
* * * * *
    Incinerator means any furnace used in the process of combusting
solid waste (as that term is defined by the Administrator pursuant to
Subtitle D of RCRA) for the purpose of reducing the volume of the waste
by removing combustible matter. Incinerator designs include single
chamber, two-chamber and cyclonic burn barrels.
* * * * *
    Kiln means an oven or furnace, including any associated preheater
or precalciner devices, used for processing a substance by burning,
firing or drying. Kilns include cement kilns, that produce clinker by
heating limestone and other materials for subsequent production of
Portland cement and lime kilns that produce quicklime by calcination of
limestone.
* * * * *
    Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
from the pressure drop and liquid flow rate monitors during the most
recent particulate matter or mercury performance test demonstrating
compliance with the applicable emission limits.
* * * * *
    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
* * * * *
    Raw mill means a ball and tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from

feed materials, it is also, by definition, a raw material dryer. The
raw mill also includes the air separator associated with the raw mill.
* * * * *
    Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator pursuant to
Subtitle D of RCRA) and has the capacity to combust 1 ton per day or
less solid waste and is more than 50 miles driving distance to the
nearest municipal solid waste landfill.
    Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste material from commercial or
industrial establishments or the general public (including single and
multiple residences, hotels and motels). Such term does not include
incinerators or other units required to have a permit under section
3005 of the Solid Waste Disposal Act. The term ``solid waste
incineration unit'' does not include (A) materials recovery facilities
(including primary or secondary smelters) which combust waste for the
primary purpose of recovering metals, (B) qualifying small power
production facilities, as defined in section 3(17)(C) of the Federal
Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration
facilities, as defined in section 3(18)(B) of the Federal Power Act (16
U.S.C. 796(18)(B)), which burn homogeneous waste (such as units which
burn tires or used oil, but not including refuse-derived fuel) for the
production of electric energy or in the case of qualifying cogeneration
facilities which burn homogeneous waste for the production of electric
energy and steam or forms of useful energy (such as heat) which are
used for industrial, commercial, heating or cooling purposes, or (C)
air curtain incinerators provided that such incinerators only burn wood
wastes, yard wastes and clean lumber and that such air curtain
incinerators comply with opacity limitations to be established by the
Administrator by rule.
* * * * *
    Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator pursuant to Subtitle D of RCRA).
* * * * *
    33. The heading of table 1 to subpart CCCC is revised to read as
follows:
    Table 1 to Subpart CCCC of Part 60-Emission Limitations for CISWI
Units for Which Construction Is Commenced After November 30, 1999 but
no later than June 4, 2010 or for Which Modification or Reconstruction
Is Commenced on or After June 1, 2001 but no later than [THE DATE 6
MONTHS AFTER PUBLICATION OF THE FINAL RULE].
* * * * *
    34. Table 4 of subpart CCCC is amended by revising the entries for
``Annual Report'' and ``Emission limitation or operating limit
deviation report.''

                    Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements \a\
----------------------------------------------------------------------------------------------------------------
              Report                     Due date              Contents                    Reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Annual report....................  No later than 12       Name and    Sec.  Sec.   60.2205 and 60.2210.
                                    months following      address.
                                    the submission of     Statement
                                    the initial test      and signature by
                                    report. Subsequent    responsible
                                    reports are to be     official.
                                    submitted no more     Date of
                                    than 12 months        report..
                                    following the         Values for
                                    previous report.      the operating
                                                          limits..
                                                          Highest
                                                          recorded 3-hour
                                                          average and the
                                                          lowest 3-hour
                                                          average, as
                                                          applicable, for
                                                          each operating
                                                          parameter recorded
                                                          for the calendar
                                                          year being
                                                          reported.
                                                          If a
                                                          performance test
                                                          was conducted
                                                          during the
                                                          reporting period,
                                                          the results of the
                                                          test.
                                                          If a
                                                          performance test
                                                          was not conducted
                                                          during the
                                                          reporting period,
                                                          a statement that
                                                          the requirements
                                                          of Sec.
                                                          60.2155(a) or (b)
                                                          were met.

                                                          Documentation of
                                                          periods when all
                                                          qualified CISWI
                                                          unit operators
                                                          were unavailable
                                                          for more than 8
                                                          hours but less
                                                          than 2 weeks.
Emission limitation or operating   By August 1 of that    Dates and   Sec.   60.2215 and 60.2220.
 limit deviation report.            year for data         times of deviation.
                                    collected during      Averaged
                                    the first half of     and recorded data
                                    the calendar year.    for those dates.
                                    By February 1 of      Duration
                                    the following year    and causes of each
                                    for data collected    deviation and the
                                    during the second     corrective actions
                                    half of the           taken.
                                    calendar year.        Copy of
                                                          operating limit
                                                          monitoring data
                                                          and any test
                                                          reports.
                                                          Dates,
                                                          times and causes
                                                          for monitor
                                                          downtime incidents.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

    34. Table 5 to Subpart CCCC is added to read as follows:

Table 5 to Subpart CCCC of Part 60--Emission Limitations for Incinerators That Commenced Construction After June
4, 2010 or That Commenced Reconstruction or Modification After [the Date 6 Months After Publication of the Final
                                                      Rule]
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00066 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  1.4 parts per million    24-hour block average..  Carbon Monoxide
                                        dry volume.                                       Continuous Emissions
                                                                                Monitoring System
                                                                                (performance
                                                                                specification 4A of
                                                                                this part, using a RA
                                                                                of 0.5 ppm instead of
                                                                                5 ppm as specified in
                                                                                13.2. For the cylinder
                                                                                gas audit, +/- 15% or
                                                                                0.5 ppm, whichever is
                                                                                greater.)
Dioxins/furans (total mass basis)....  0.0093 nanograms per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Dioxins/furans (toxic equivalency      0.00073 nanograms per    3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 4    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Hydrogen chloride....................  0.074 parts per million  3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 2    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meters).                 part).
Lead.................................  0.0013 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.00013 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       enough volume to meet    (Method 30B of
                                        meter.                   a detection limit data   appendix A-8 of this
                                                                 quality objective of     part).
                                                                 0.03 ug/dscm).
Opacity..............................  1%.....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  19 parts per million     3-run average (1-hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part). Use
                                                                                a span gas with a
                                                                                concentration of 100
                                                                                ppm or less.
Particulate matter (filterable)......  0.0077 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 5 or 29 of
                                        meter.                   dry standard cubic       appendix A-3 or
                                                                 meters).                 appendix A-8 of this
                                                                                part).
Sulfur dioxide.......................  1.5 parts per million    3-run average (1-hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a maximum
                                                                                allowable drift of 0.2
                                                                                ppm and a span gas
                                                                                with a concentration
                                                                                of 5 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    36. Table 6 to Subpart CCCC is added to read as follows:

 Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy Recovery Units That Commenced Construction
 After June 4, 2010 or That Commenced Reconstruction or Modification After [the Date 6 Months after Publication
                                               of the Final Rule]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00012 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  3 parts per million dry  24 hour block average..  Carbon monoxide
                                        volume.                                           Continuous Emissions
                                                                                Monitoring System
                                                                                (performance
                                                                                specification 4A of
                                                                                this part, using a RA
                                                                                of 0.5 ppm instead of
                                                                                5 ppm as specified in
                                                                                13.2. For the cylinder
                                                                                gas audit, +/- 15% or
                                                                                0.5 ppm, whichever is
                                                                                greater.)
Dioxins/furans (total mass basis)....  0.034 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters).

Dioxins/furans (toxic equivalency      0.0027 nanograms per     3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 4    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Hydrogen chloride....................  0.17 parts per million   3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 2    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meters).                 part).
Lead.................................  0.0012 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.00013 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       enough volume to meet    (Method 30B of
                                        meter.                   a detection limit data   appendix A-8 of this
                                                                 quality objective of     part).
                                                                 0.03 [mu]g/dscm).
Opacity..............................  1%.....................  6-minute averages; 1-    Continuous opacity
                                                                 hour block average for   monitoring
                                                                 units that operate dry   (performance
                                                                 control systems.         specification 1 of
                                                                                appendix B of this
                                                                                part), unless equipped
                                                                                with a wet scrubber.
Oxides of nitrogen...................  75 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter (filterable)......  4.4 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 or
                                                                 meters).                 appendix A-8 of this
                                                                                part) if the unit has
                                                                                a design capacity less
                                                                                than or equal to 250
                                                                                MMBtu/hr; or PM CEMS
                                                                                (performance
                                                                                specification 11 of
                                                                                appendix B of this
                                                                                part) if the unit has
                                                                                a design capacity
                                                                                greater than 250 MMBtu/
                                                                                hr.
Sulfur dioxide.......................  4.1 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a span gas
                                                                                with a concentration
                                                                                of 20 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    37. Table 7 to Subpart CCCC is added to read as follows:

  Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-Burning Kilns That Commenced Construction
 After June 4, 2010 or That Commenced Reconstruction or Modification After [the Date 6 Months After Publication
                                               of the Final Rule]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00030 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  36 parts per million     24-hour block average..  Carbon monoxide
                                        dry volume.                                       Continuous Emissions
                                                                                Monitoring System
                                                                                (performance
                                                                                specification 4A of
                                                                                this part, using a RA
                                                                                of 1 ppm instead of 5
                                                                                ppm as specified in
                                                                                13.2. For the cylinder
                                                                                gas audit, +/- 15% or
                                                                                0.5 ppm, whichever is
                                                                                greater.)
Dioxins/furans (total mass basis)....  0.00035 nanograms per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Dioxins/furans (toxic equivalency      0.000028 nanograms per   3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 4    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Hydrogen chloride....................  1.5 parts per million    3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  0.00078 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meters).                 ICPMS for the
                                                                                analytical finish.

Mercury..............................  0.024 milligrams per     24-hour block average..  Mercury CEMS
                                        dry standard cubic                                (performance
                                        meter.                                            specification 12A of
                                                                                appendix B of this
                                                                                part or mercury
                                                                                sorbent trap method
                                                                                specified in appendix
                                                                                K of part 75)
Opacity..............................  1%.....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  140 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part).
Particulate matter (filterable)......  1.8 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 or
                                                                 meters).                 appendix A-8 of this
                                                                                part).
Sulfur dioxide.......................  3.6 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a span gas
                                                                                with a concentration
                                                                                of 20 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    38. Table 8 to Subpart CCCC is added to read as follows:

  Table 8 to Subpart CCCC of Part 60--Emission Limitations for Burn-off Ovens That Commenced Construction After
 June 4, 2010 or That Commenced Reconstruction or Modification After [the Date 6 Months After Publication of the
                                                   Final Rule]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0032 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meter).                  ICPMS for the
                                                                                analytical finish.
Carbon monoxide......................  74 parts per million     24 hour block average..  Carbon monoxide
                                        dry volume.                                       Continuous Emissions
                                                                                Monitoring System
                                                                                (performance
                                                                                specification 4A of
                                                                                this part, using a RA
                                                                                of 2 ppm instead of 5
                                                                                ppm as specified in
                                                                                13.2. For the cylinder
                                                                                gas audit,15%
                                                                                or 0.5 ppm, whichever
                                                                                is greater.)
Dioxins/furans (total mass basis)....  0.011 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters).
Dioxins/furans (toxic equivalency      0.00086 nanograms per    3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 4    (Method 23 of appendix
                                        meter.                   dry standard cubic       A-7 of this part).
                                                                 meters).
Hydrogen chloride....................  17.6 parts per million   3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 26A of
                                                                 dry standard cubic       appendix A-8 of this
                                                                 meter).                  part).
Lead.................................  0.029 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 of this part). Use
                                                                 meter).                  ICPMS for the
                                                                                analytical finish.
Mercury..............................  0.0033 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       enough volume to meet    (Method 30B of
                                        meter.                   a detection limit data   appendix A-8 of this
                                                                 quality objective of     part).
                                                                 0.3 ug/dscm).
Opacity..............................  2%.....................  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 of appendix
                                                                 minute average opacity   A-4 of this part).
                                                                 values.
Oxides of nitrogen...................  16 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E of appendix
                                                                 per run).                A-4 of this part). Use
                                                                                a span gas with a
                                                                                concentration of 100
                                                                                ppm or less.
Particulate matter (filterable)......  28 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 of
                                                                 dry standard cubic       appendix A-3 and
                                                                 meter).                  appendix A-8 of this
                                                                                part).

Sulfur dioxide.......................  1.5 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A-4 of this
                                                                                part. Use a maximum
                                                                                allowable drift of 0.2
                                                                                ppm and a span gas
                                                                                with concentration of
                                                                                5 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 of appendix
                                        hourly observation                                A-7 of this part).
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7% oxygen, dry basis at standard conditions.

    39. Table 9 to Subpart CCCC is added to read as follows:

     Table 9 to Subpart CCCC of Part 60--Emission Limitations for Small, Remote Incinerators That Commenced
 Construction After June 4, 2010 or That Commenced Reconstruction or Modification After [the Date 6 Months After
                                         Publication of the Final Rule]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
      For the air pollutant            You must meet this       Using this averaging      compliance using this
                                    emission limitation \a\             time                     method
----------------------------------------------------------------------------------------------------------------
Cadmium..........................  0.057 milligrams per dry   3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 of appendix A-8 of
                                                               standard cubic meter).    this part). Use ICPMS
                                                                                for the analytical
                                                                                finish.
Carbon monoxide..................  4.0 parts per million dry  24 hour block average...  Carbon monoxide
                                    volume.                                              Continuous Emissions
                                                                                Monitoring System
                                                                                (performance
                                                                                specification 4A of
                                                                                this part, using a RA
                                                                                of 0.5 ppm instead of 5
                                                                                ppm as specified in