existing OSWI units, paired with the lack of comment on our impacts
analysis by the soon-to-be regulated community, supports our analysis
that it is often more economical to shut down OSWI units and use an
alternative waste disposal method, and, therefore, that the final rules
do not pose a significant impact to a substantial number of small
entities.
    However, to further address the commenter's concern, small entity

outreach surveys were sent to eight entities associated with schools
(e.g., State-affiliated department of education, office of school
facilities). The surveys requested information regarding the use of
solid waste incinerators at schools the entities represent or are
associated with. All responses, with one exception, indicate that
incinerators are not being used by the respondents. The one exception
regards an institution that owns/operates pathological waste
incinerators, which are excluded from regulation under the subparts.

V. Impacts of the Final Rules

A. What are the impacts for new units?

    As stated in the preamble to the proposed rules, information
provided to EPA indicates that no or negative growth has been the trend
for OSWI units for the past several years. The information indicates
that this trend is expected to continue even in the absence of a
regulation. Furthermore, as our experience with other CAA section 129
regulations has shown, sources will likely respond to the final rules
by choosing not to construct new waste incineration units and will
utilize alternative waste disposal options rather than incur the costs
of compliance. The only potential new units identified by a public
commenter were a type of unit that, as described by the commenter,
would be an industrial unit rather than an OSWI unit or would qualify
for the exclusion for units in isolated areas of Alaska.
    Considering this information, EPA does not anticipate the
construction of any new OSWI units that would be required to meet the
emission limits. Therefore, EPA expects no impacts of the final NSPS
for new units. However, for the sake of demonstrating that emissions
reductions would result from the NSPS in the unlikely event that a new
unit is constructed, EPA presented the expected emissions reductions
for four OSWI model plants in the preamble to the proposed rules (69 FR
71490, December 9, 2004).
    Since proposal, the emission limits for CO and HCl have been
revised in response to comments, which result in different estimated
emissions reductions than those that were shown at proposal. The
expected emissions reductions for four OSWI model plants have been
recalculated and are shown in table 3 of this preamble. There were no
changes to the estimated cost, water, solid waste, and energy impacts
on new OSWI units since proposal.

                              Table 3.--Emissions Reductions on a Model Plant Basis
----------------------------------------------------------------------------------------------------------------
                                           Emission reduction for OSWI model plants tons per year (tpy)
           Pollutant            --------------------------------------------------------------------------------
                                   1 tpd  capacity      5 tpd  capacity    15 tpd  capacity    30 tpd  capacity
----------------------------------------------------------------------------------------------------------------
Cd.............................  3.8 x 10-4           1.9 x 10-3          5.6 x 10-3          1.1 x 10-2
CO.............................  1.5 x 10-2           7.5 x 10-2          0.22                0.45
Dioxins/furans.................  3.5 x 10-7           1.7 x 10-6          5.1 x 10-6          1.0 x 10-5
HCl............................  0.97                 4.7                 14                  28
Pb.............................  5.4 x 10-3           2.6 x 10-2          7.8 x 10-2          0.16
Hg.............................  5.6 x 10-4           2.7 x 10-3          8.2 x 10-3          1.6 x 10-2
NOX............................  0.28                 1.4                 4.1                 8.2
PM.............................  0.26                 1.3                 3.8                 7.7
SO2............................  0.69                 3.4                 10                  20
                                ----------------------
    Total......................  2.2                  11                  33                  65
----------------------------------------------------------------------------------------------------------------

B. What are the impacts for existing units?

    Information provided to EPA indicates that many existing OSWI units
have closed in recent years. In fact, since proposal we have learned
that at least one-third of the existing OSWI units in our inventory are
no longer operating. As we stated at proposal, this trend is expected
to continue even in the absence of a regulation. Furthermore, as our
experience with other CAA section 129 regulations has shown, sources
will likely respond to the final OSWI rules by choosing to shut down
existing waste incineration units and will utilize alternative waste
disposal options rather than incur the costs of compliance.
    EPA's objective is not to encourage the use of alternatives or to
discourage continued use of VSMWC units or IWI units; rather EPA's
objective is to adopt emission guidelines for existing OSWI units that
fulfill the requirements of CAA section 129. In doing so, the primary
outcome associated with adoption of these emission guidelines is
projected to be an increase in the use of alternative waste disposal
and a decrease in the use of VSMWC units and IWI units. Consequently,
EPA acknowledges and incorporates this outcome into the analyses of
cost, environmental, and energy impacts associated with the emission
guidelines, as discussed in the preamble to the proposed rules (69 FR
71490, December 9, 2004).
    To account for the existing OSWI unit closure information (123
facilities indicated after proposal that they no longer own or operate
an OSWI unit), we have reanalyzed the national emissions, cost, energy,
and solid waste impacts presented in the preamble to the proposed
rules.
1. What are the changes to the air impacts since proposal?
    As discussed earlier, emission limit values for CO and HCl have
been revised since proposal due to public comments. EPA then revised
emission reduction estimates for each model unit, which are presented
in table 3 of this preamble. Furthermore, as discussed above, EPA has
learned since proposal that 123 of the existing OSWI units in our
inventory at proposal were already closed. Both of these changes
affected the estimated national emissions reductions presented in table
8 of the preamble to the proposed rules (69 FR 71491, December 9,
2004). Therefore, these emission reduction estimates were recalculated
and are presented in table 4 of this preamble. As shown, total
emissions reductions would be over 1,900 tpy if all the remaining
existing units in the OSWI inventory complied with the emission
guidelines by adding controls.

     Table 4.--National Emissions Reductions If All Existing OSWI Units Comply With the Emission Guidelines
----------------------------------------------------------------------------------------------------------------
                                                               Emission reduction (tpy)
              Pollutant              ---------------------------------------------------------------------------
                                                VSMWC                     IWI                     Total
----------------------------------------------------------------------------------------------------------------
Cd..................................  6.1 x 10 	2               0.27                     0.33
CO..................................  2.4                       11                       13
Dioxins/furans......................  5.6 x 10 	5               2.5 x 10 	4              3.0 x 10 	4
HCl.................................  154                       684                      837
Pb..................................  0.85                      3.8                      4.6
Hg..................................  8.9 x 10 	2               0.40                     0.49
NOX.................................  45                        199                      245
PM..................................  42                        185                      227
SO2.................................  110                       488                      598
                                     ---------------------------
    Total...........................  353                       1,572                    1,925
----------------------------------------------------------------------------------------------------------------

    However, as we stated in the preamble to the proposed rules, EPA
anticipates that most existing OSWI units will elect to shut down and
utilize alternative waste disposal options (e.g., send waste to a
landfill or a large or small MWC unit). If the remaining existing OSWI
units closed and the waste was sent to a landfill, the anticipated
emissions reductions would be over 400 tpy for VSMWC units and over
1,800 tpy for IWI units, which totals over 2,200 tpy for all OSWI
units. These reductions occur despite a slight increase in landfill
emissions due to the additional waste being landfilled rather than
incinerated. By using EPA's Landfill Gas Emission Model (LandGEM), we
calculated an increase of 27 tpy of emissions of the regulated
pollutants would occur from landfills if all OSWI units closed and the
waste was sent to landfills. However, as stated above, this results in
net emissions reductions of 2,200 tpy from closure of all OSWI units.
2. What are the changes to the water and solid waste impacts since
proposal?
    At proposal, EPA estimated that the water impacts of the OSWI rule
would be negligible. We have not changed this assessment of water
impacts. At proposal, we estimated that the national OSWI population is
used to dispose of approximately 85,000 tpy of solid waste. As
mentioned before, we anticipate that most, if not all, OSWI units will
shut down and the waste will be disposed of in alternative ways. At the
time, we concluded that the amount of additional waste that would be
sent to landfills due to adoption of the emission guidelines is
insignificant. Due to the information we have received on OSWI unit
closures since proposal, we have revised our estimate to approximately
60,000 tpy of waste being disposed of in OSWI units. This revision
results in even less potential solid waste being diverted to landfills
and large or small MWC units due to promulgation of the emission
guidelines. For perspective, over 100 million tpy of municipal waste is
disposed of in landfills. Therefore, we continue to maintain that the
amount of additional waste that will be sent to landfills is
insignificant.
3. What are the changes to the energy impacts since proposal?
    At proposal, we concluded that the energy impacts would be
negligible since we anticipated that most units would shut down rather
than install and operate wet scrubbers. Since proposal, our inventory
of existing OSWI units has decreased. Therefore, our assessment of
negligible energy impacts at proposal remains unchanged.
4. What are the changes to the cost and economic impacts since
proposal?
    At proposal, EPA's analysis showed that the national total costs
for all existing OSWI units to comply with the emission guidelines
would be approximately $63 million a year. As discussed previously, we
have learned that 123 of the existing OSWI units in our inventory at
proposal are permanently shut down. The revised national total cost for
the remaining existing OSWI units to comply with the emission
guidelines is approximately $42 million.
    The remainder of our cost and economic impact discussion in the
preamble to the proposed rules (69 FR 71491, December 9, 2004),
however, is unaffected by the revised national cost estimate, and
remains valid for the final emission guidelines. As previously stated
in this preamble, as well as in the preamble to the proposed rules, the
cost of landfilling is less than the cost of incineration for most, if
not all, OSWI units. Since there is a chance some potentially affected
sources will obtain exemptions, we expect most of the affected VSMWC
units and IWI units will close and utilize an economical alternative
waste disposal method. Consequently, the net effect of the final
emission guidelines will be a net decrease in costs to the universe of
affected sources.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by OMB and the requirements of the
Executive Order. The Executive Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
    (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers the final rules a ``significant regulatory
action'' within the meaning of the Executive Order. Consequently, the
final rules were submitted to OMB for review. Changes made in response
to OMB suggestions or recommendations are documented in the public
record.

B. Paperwork Reduction Act

    The information collection requirements in the final rules have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
documents have been prepared by EPA (ICR No. 2163.02 for subpart EEEE
and 2164.02 for subpart FFFF), and copies may be obtained from Susan
Auby by mail at the Collection Strategies Division, EPA (2822), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
<EMAIL_ADDRESS>or by calling<PHONE_NUMBER>. A copy may also be

downloaded off the Internet at http://www.epa.gov/icr. The information

collection requirements are not enforceable until OMB approves them.
    The final rules contain monitoring, reporting, and recordkeeping
requirements. The information will be used by EPA to identify any new,
modified, or reconstructed incineration units subject to the NSPS and
to ensure that any new incineration units undergo a siting analysis and
comply with the emission limits and other requirements. Similarly, the
information specified in the emission guidelines will be used by States
or EPA to identify existing units subject to the State or Federal plans
that implement the emission guidelines, and to ensure that these units
comply with their emission limits and other requirements. Records and
reports are necessary to enable EPA or States to identify waste
incineration units that may not be in compliance with the requirements.
Based on reported information, EPA will decide which units and what
records or processes should be inspected.
    These recordkeeping and reporting requirements are specifically
authorized by CAA section 114 (42 U.S.C. 7414). All information
submitted to EPA for which a claim of confidentiality is made will be
safeguarded according to EPA policies in 40 CFR part 2, subpart B,
Confidentiality of Business Information.
    EPA estimates that there is no burden for the first 3 years after
promulgation of the NSPS for industry and the implementing agency. This
is because EPA expects no new OSWI units to be constructed over this 3-
year period.
    The estimated average annual burden for the first 3 years after
promulgation of the emission guidelines for industry and the
implementing agency is outlined below.

----------------------------------------------------------------------------------------------------------------
                                      Average                                                      Total annual
         Affected entity           annual hours     Labor costs    Capital costs     O&M costs         costs
----------------------------------------------------------------------------------------------------------------
Industry........................           3,818        $175,408              $0              $0        $174,703
Implementing agency.............             383          17,611               0               0          17,611
----------------------------------------------------------------------------------------------------------------

    EPA expects the emission guidelines to affect a maximum of 248 OSWI
units over the first 3 years. There are no capital, start-up, or
operation and maintenance costs for existing units during the first 3
years, because compliance with the emission guidelines is not required
until 5 years after promulgation of the emission guidelines (or 3 years
after the effective date of approval of a State or Federal plan to
implement the guidelines). Costs in the first 3 years include time to
review the guidelines and the State or Federal plan. The implementing
agency will not incur any capital or start-up costs.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and 48 CFR chapter
15. When the ICRs are approved by OMB, EPA will publish a technical
amendment to 40 CFR part 9 in the Federal Register to display the OMB
control numbers for the approved information collection requirements
contained in the final rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions. EPA has determined that it is not
necessary to prepare a regulatory flexibility analysis in connection
with the final rules.
    For purposes of assessing the impacts of the final rules on small
entities, small entity is defined as follows:
    1. A small business that is an ultimate parent entity in the
regulated industry that has a gross annual revenue less than $6.0
million (this varies by industry category, ranging up to $10.5 million
for North American Industrial Classification System (NAICS) code 562213
(VSMWC)), based on Small Business Administration's size standards;
    2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; or
    3. A small organization that is any not-for-profit enterprise that
is independently owned and operated and is not dominant in its field.
    After considering the economic impacts of the final rules on small
entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
The economic impacts on small entities will not be significant because
the cost of the final rules is expected to range from negligible to
actual cost savings. EPA expects that the majority of these entities
may realize a cost savings under the likely response to the final rules
(closure and using alternative waste disposal method).
    Alternative waste disposal methods, such as landfilling, are
available for OSWI units. Our analysis using model plants and a
supplemental analysis using site specific data both support the idea
that the annual cost to landfill waste is typically less than the
annual cost of using an OSWI unit for waste disposal. Thus, the likely
response to the final rules will be for small entities that own and
operate OSWI units to close the units and use an alternative

waste disposal method. More detailed information about these analyses
is available in the docket (see Revised Economic Analysis for Other
Solid Waste Incineration (OSWI) Units, November 2005; and Impacts of
Other Solid Waste Incinerator Rule on Affected Small Entities, November
2005).
    The Small Business Administration's Office of Advocacy (SBA)
expressed concerns that EPA's certification that the proposed standards
and guidelines would not have a significant economic impact on a
substantial number of small entities is not based on an adequate
analysis of IWI units operated by small entities. In response to SBA's
public comment, we conducted further detailed analyses (as summarized
in this preamble and available in the docket) and sent small entity
outreach surveys requesting information regarding the use of solid
waste incinerators at schools to eight entities (identified by SBA)
associated with schools. All responses from the small entity outreach
survey, with one exception, indicate that incinerators are not being
used by the respondents. The one exception regards an institution that
owns/operates pathological waste incinerators, which are excluded from
regulation under the standards and guidelines.
    Although the final rules will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of the rules on small entities. The final
rules provide various exclusions for some sources that may find it
unreasonably costly to comply with the rules or utilize alternative
disposal options. These exclusions should provide relief for many small
entities for which a reasonable disposal alternative is unavailable.
    In addition, to ensure that affected sources were aware of the
proposed rules, EPA sent fact sheets to 361 existing OSWI units in our
inventory and an additional 125 fact sheets to trade organizations and
interest groups that represented potential OSWI unit owners/operators.
The fact sheets explained the proposed regulations, the anticipated
costs and impacts to their facilities, and how they could submit
comments. None of the facilities or interest groups submitted comments
on the proposed OSWI rules or on the cost or other impacts EPA
anticipated due to the rulemaking and, in fact, about one-third of the
361 facilities informed us that they no longer own or operate an
incineration unit.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if EPA
publishes with the final rule an explanation why that alternative was
not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, EPA must develop a small government agency plan under
section 203 of the UMRA. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA's regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    EPA has determined that the final rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any 1 year. The total annual cost, in any 1 year, for all
OSWI units to comply with today's final rules is estimated at $42
million. However, as previously stated in this preamble, most OSWI
units are expected to close and utilize an economical alternative waste
disposal method rather than complying with the final rules. Therefore,
the cost impacts are expected to be negligible. Thus, the final rules
are not subject to the requirements of section 202 and 205 of the UMRA.
In addition, EPA has determined that the final rules contain no
regulatory requirements that might significantly or uniquely affect
small governments because the burden is small and the regulations do
not unfairly apply to small governments. Therefore, the final rules are
not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.''
    The final rules do not have federalism implications. They will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The final rules will not impose
substantial direct compliance costs on State or local governments, and
will not preempt State law. Thus, Executive Order 13132 does not apply
to the final rules.

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

    Executive Order 13175, (65 FR 67249, November 9, 2000), requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on relationship between the
Federal government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal government and Indian
tribes.''
    The final rules do not have Tribal implications, as specified in
Executive Order 13175. They will not have substantial direct effects on
Tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
the final rules.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives EPA considered.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rules are not
subject to Executive Order 13045 because they are based on technology
performance and not on health and safety risks.

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

    Executive Order 13211 (66 FR 28355, May 22, 2001) requires agencies
to prepare and submit to the Administrator of the Office of Information
and Regulatory Affairs, OMB, a Statement of Energy Effects for certain
actions identified as ``significant energy actions.'' Section 4(b) of
Executive Order 13211 defines ``significant energy actions'' as ``any
action by an agency (normally published in the Federal Register) that
promulgates or is expected to lead to the promulgation of a final rule
or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse on
the supply, distribution, or use of energy; or (2) that is designated
by the Administrator of the Office of Information and Regulatory
Affairs as a significant energy action * * *.'' Although the final
rules are considered to be a significant regulatory action under
Executive Order 12866, they are not a ``significant energy action''
because they are not likely to have a significant adverse effect on the
supply, distribution, or use of energy. The basis for the determination
follows.
    EPA expects that few, if any, OSWI facilities will elect to
continue to operate OSWI units, and that most facilities will respond
to the final rules by closing existing OSWI units and using alternative
waste disposal techniques. This response is likely because the annual
cost of landfilling, an alternative waste disposal method, is typically
less expensive than the annual cost of using an OSWI unit for waste
disposal. In the few cases where an OSWI facility elects to comply with
the final rules by installing a wet scrubber, the operation of the
scrubber will result in a small increase in power consumption. However,
due to the small size of these units (and the likelihood that very few
of them will continue to operate), the energy impacts will be
negligible.
    Given the negligible change in energy consumption resulting from
the final rules, EPA does not expect any price increase for any energy
type. The cost of energy distribution should not be affected by the
final rules at all since the final rules do not affect energy
distribution facilities. EPA also expects that there would be no impact
on the import of foreign energy supplies, and EPA does not expect other
adverse outcomes to occur with regards to energy supplies.
    Therefore, EPA concludes that the final rules are not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in their regulatory and
procurement 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, business practices) developed or adopted by one or
more voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through annual reports to OMB, with explanations when an
agency does not use available and applicable voluntary consensus
standards.
    The final rules involve technical standards. EPA cites the
following standards in the final rules: EPA Methods 1, 2, 3A, 3B, 4, 5,
6 or 6C, 7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or 10B, 23, 26A, and 29 of
40 CFR part 60, appendix A.
    Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards in addition to these EPA methods. No
applicable voluntary consensus standards were identified for EPA
Methods 7D and 9. The search and review results have been documented
and are in the docket for the final rules. One voluntary consensus
standard was identified as an acceptable alternative to EPA test
methods for the purposes of the final rules. The voluntary consensus
standard ASME PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas
Analyses,'' is cited in the final rules for its manual methods for
measuring the nitrogen oxide, oxygen, and sulfur dioxide content of
exhaust gas. These parts of ASME PTC 19-10-1981--Part 10 are acceptable
alternatives to Methods 3B, 6, 7, and 7C.
    The search for emissions measurement procedures identified 26
voluntary consensus standards potentially applicable to the final
rules. EPA determined that 24 of the 26 candidate standards identified
for measuring emissions of Cd, CO, dioxins/furans, HCl, Hg, Pb, PM,
NOX, and SO2 subject to the emission limits were
impractical alternatives to EPA test methods for the purposes of the
final rules. Therefore, EPA does not intend to adopt the standards for
this purpose. (See Docket ID No. EPA-HQ-OAR-2003-0156 for further
information on the methods.) Two of the 26 voluntary consensus
standards identified in this search were not available at the time the
review was conducted because they are under development by a voluntary
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity
Traverse,'' for EPA Method 2 (and possibly 1); and ASME/BSR MFC 12M,
``Flow in Closed Conduits Using Multiport Averaging Pitot Primary
Flowmeters,'' for EPA Method 2.
    Tables 1 and 3 to subpart EEEE of 40 CFR part 60 and tables 2 and 4
to subpart FFFF of 40 CFR part 60 list the EPA testing methods included
in the final rules. Under 40 CFR 60.8(b) and 60.13(i) of subpart A
(General Provisions), a source may apply to EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any of the EPA testing methods, performance specifications, or
procedures.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General

of the United States. EPA will submit a report containing the final
rules and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the final rules in the Federal Register. The
final rules are not ``major rules'' as defined by 5 U.S.C. 804(2). The
final NSPS will be effective on June 16, 2006. The final emission
guidelines are effective on February 14, 2006.

List of Subjects in 40 CFR Part 60

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

    Dated: November 30, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 60.17 is amended by revising paragraph (h) introductory text
and adding paragraph (h)(4) to read as follows:

Sec.  60.17  Incorporation by Reference.

* * * * *
    (h) The following material is available for purchase from the
American Society of Mechanical Engineers (ASME), Three Park Avenue, New
York, NY 10016-5990.
* * * * *
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], IBR approved for Tables 1 and 3 of
subpart EEEE, and Tables 2 and 4 of subpart FFFF of this part.
* * * * *

0
3. Part 60 is amended by adding subpart EEEE to read as follows:
Subpart EEEE--Standards of Performance for Other Solid Waste
Incineration Units for Which Construction Is Commenced After December
9, 2004, or for Which Modification or Reconstruction Is Commenced on or
After June 16, 2006.

Introduction

Sec.
60.2880 What does this subpart do?
60.2881 When does this subpart become effective?

Applicability

60.2885 Does this subpart apply to my incineration unit?
60.2886 What is a new incineration unit?
60.2887 What combustion units are excluded from this subpart?
60.2888 Are air curtain incinerators regulated under this subpart?
60.2889 Who implements and enforces this subpart?
60.2890 How are these new source performance standards structured?
60.2891 Do all components of these new source performance standards
apply at the same time?

Preconstruction Siting Analysis

60.2894 Who must prepare a siting analysis?
60.2895 What is a siting analysis?

Waste Management Plan

60.2899 What is a waste management plan?
60.2900 When must I submit my waste management plan?
60.2901 What should I include in my waste management plan?

Operator Training and Qualification

60.2905 What are the operator training and qualification
requirements?
60.2906 When must the operator training course be completed?
60.2907 How do I obtain my operator qualification?
60.2908 How do I maintain my operator qualification?
60.2909 How do I renew my lapsed operator qualification?
60.2910 What site-specific documentation is required?
60.2911 What if all the qualified operators are temporarily not
accessible?

Emission Limitations and Operating Limits

60.2915 What emission limitations must I meet and by when?
60.2916 What operating limits must I meet and by when?
60.2917 What if I do not use a wet scrubber to comply with the
emission limitations?
60.2918 What happens during periods of startup, shutdown, and
malfunction?

Performance Testing

60.2922 How do I conduct the initial and annual performance test?
60.2923 How are the performance test data used?

Initial Compliance Requirements

60.2927 How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?
60.2928 By what date must I conduct the initial performance test?

Continuous Compliance Requirements

60.2932 How do I demonstrate continuous compliance with the emission
limitations and the operating limits?
60.2933 By what date must I conduct the annual performance test?
60.2934 May I conduct performance testing less often?
60.2935 May I conduct a repeat performance test to establish new
operating limits?

Monitoring

60.2939 What continuous emission monitoring systems must I install?
60.2940 How do I make sure my continuous emission monitoring systems
are operating correctly?
60.2941 What is my schedule for evaluating continuous emission
monitoring systems?
60.2942 What is the minimum amount of monitoring data I must collect
with my continuous emission monitoring systems, and is the data
collection requirement enforceable?
60.2943 How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?
60.2944 What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?
60.2945 Is there a minimum amount of operating parameter monitoring
data I must obtain?

Recordkeeping and Reporting

60.2949 What records must I keep?
60.2950 Where and in what format must I keep my records?
60.2951 What reports must I submit?
60.2952 What must I submit prior to commencing construction?
60.2953 What information must I submit prior to initial startup?
60.2954 What information must I submit following my initial
performance test?
60.2955 When must I submit my annual report?
60.2956 What information must I include in my annual report?
60.2957 What else must I report if I have a deviation from the
operating limits or the emission limitations?
60.2958 What must I include in the deviation report?
60.2959 What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?
60.2960 Are there any other notifications or reports that I must
submit?
60.2961 In what form can I submit my reports?
60.2962 Can reporting dates be changed?

Title V Operating Permits

60.2966 Am I required to apply for and obtain a title V operating
permit for my unit?
60.2967 When must I submit a title V permit application for my new
unit?

Temporary-Use Incinerators and Air Curtain Incinerators Used in
Disaster Recovery

60.2969 What are the requirements for temporary-use incinerators and
air curtain incinerators used in disaster recovery?

Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and
Yard Waste

60.2970 What is an air curtain incinerator?

60.2971 What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard
waste?
60.2972 How must I monitor opacity for air curtain incinerators that
burn only wood waste, clean lumber, and yard waste?
60.2973 What are the recordkeeping and reporting requirements for
air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?
60.2974 Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,
clean lumber, and yard waste?

Equations

60.2975 What equations must I use?

Definitions

60.2977 What definitions must I know?

Tables to Subpart EEEE of Part 60

Table 1 to Subpart EEEE of Part 60--Emission Limitations
Table 2 to Subpart EEEE of Part 60--Operating Limits for
Incinerators and Wet Scrubbers
Table 3 to Subpart EEEE of Part 60--Requirements for Continuous
Emission Monitoring Systems (CEMS)
Table 4 to Subpart EEEE of Part 60--Summary of Reporting
Requirements

Subpart EEEE--Standards of Performance for Other Solid Waste
Incineration Units for Which Construction is Commenced After
December 9, 2004, or for Which Modification or Reconstruction is
Commenced on or After June 16, 2006.

Introduction

Sec.  60.2880  What does this subpart do?

    This subpart establishes new source performance standards for other
solid waste incineration (OSWI) units. Other solid waste incineration
units are very small municipal waste combustion units and institutional
waste incineration units.

Sec.  60.2881  When does this subpart become effective?

    This subpart takes effect June 16, 2006. Some of the requirements
in this subpart apply to planning the incineration unit and must be
completed even before construction is initiated on the unit (i.e., the
preconstruction requirements in Sec. Sec.  60.2894 and 60.2895). Other
requirements such as the emission limitations and operating limits
apply when the unit begins operation.

Applicability

Sec.  60.2885  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified
in paragraphs (a) through (c) of this section.
    (a) Your incineration unit is a new incineration unit as defined in
Sec.  60.2886.
    (b) Your incineration unit is an OSWI unit as defined in Sec.
60.2977 or an air curtain incinerator subject to this subpart as
described in Sec.  60.2888(b). Other solid waste incineration units are
very small municipal waste combustion units and institutional waste
incineration units as defined in Sec.  60.2977.
    (c) Your incineration unit is not excluded under Sec.  60.2887.

Sec.  60.2886  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit subject to this
subpart that meets either of the two criteria specified in paragraphs
(a)(1) or (2) of this section.
    (1) Commenced construction after December 9, 2004.
    (2) Commenced reconstruction or modification on or after June 16,
2006.
    (b) This subpart does not affect your incineration unit if you make
physical or operational changes to your incineration unit primarily to
comply with the emission guidelines in subpart FFFF of this part. Such
changes do not qualify as reconstruction or modification under this
subpart.

Sec.  60.2887  What combustion units are excluded from this subpart?

    This subpart excludes the types of units described in paragraphs
(a) through (q) of this section, as long as you meet the requirements
of this section.
    (a) Cement kilns. Your unit is excluded if it is regulated under
subpart LLL of part 63 of this chapter (National Emission Standards for
Hazardous Air Pollutants from the Portland Cement Manufacturing
Industry).
    (b) Co-fired combustors. Your unit, that would otherwise be
considered a very small municipal waste combustion unit, is excluded if
it meets the five requirements specified in paragraphs (b)(1) through
(5) of this section.
    (1) The unit has a Federally enforceable permit limiting the
combustion of municipal solid waste to 30 percent of the total fuel
input by weight.
    (2) You notify the Administrator that the unit qualifies for the
exclusion.
    (3) You provide the Administrator with a copy of the Federally
enforceable permit.
    (4) You record the weights, each calendar quarter, of municipal
solid waste and of all other fuels combusted.
    (5) You keep each report for 5 years. These records must be kept on
site for at least 2 years. You may keep the records off site for the
remaining 3 years.
    (c) Cogeneration facilities. Your unit is excluded if it meets the
three requirements specified in paragraphs (c)(1) through (3) of this
section.
    (1) The unit qualifies as a cogeneration facility under section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity and steam or other forms of energy used
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these
criteria.
    (d) Commercial and industrial solid waste incineration units. Your
unit is excluded if it is regulated under subparts CCCC or DDDD of this
part and is required to meet the emission limitations established in
those subparts.
    (e) Hazardous waste combustion units. Your unit is excluded if it
meets either of the two criteria specified in paragraph (e)(1) or (2)
of this section.
    (1) You are required to get a permit for your unit under section
3005 of the Solid Waste Disposal Act.
    (2) Your unit is regulated under 40 CFR part 63, subpart EEE
(National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. Your unit is
excluded if it is regulated under subparts Ce or Ec of this part (New
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators).
    (g) Incinerators and air curtain incinerators in isolated areas of
Alaska. Your incineration unit is excluded if it is used at a solid
waste disposal site in Alaska that is classified as a Class II or Class
III municipal solid waste landfill, as defined in Sec.  60.2977.
    (h) Rural institutional waste incinerators. Your incineration unit
is excluded if it is an institutional waste incineration unit, as
defined in Sec.  60.2977, and the application for exclusion described
in paragraphs (h)(1) and (2) of this section has been approved by the
Administrator.
    (1) Prior to initial startup, an application and supporting
documentation demonstrating that the institutional waste incineration
unit meets the two requirements specified in paragraphs (h)(1)(i) and
(ii) of this section must be submitted to and approved by the
Administrator.

    (i) The unit is located more than 50 miles from the boundary of the
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section
must be revised and resubmitted to the Administrator for approval every
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2)
of this section and were denied exclusion by the Administrator, you
have 3 years from the expiration date of the current exclusion to
comply with the emission limits and all other applicable requirements
of this subpart.
    (i) Institutional boilers and process heaters. Your unit is
excluded if it is regulated under 40 CFR part 63, subpart DDDDD
(National Emission Standards for Hazardous Air Pollutants for
Industrial, Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. Your unit is excluded if it burns
samples of materials only for the purpose of chemical or physical
analysis.
    (k) Materials recovery units. Your unit is excluded if it combusts
waste for the primary purpose of recovering metals. Examples include
primary and secondary smelters.
    (l) Pathological waste incineration units. Your institutional waste
incineration unit or very small municipal waste combustion unit is
excluded from this subpart if it burns 90 percent or more by weight (on
a calendar quarter basis and excluding the weight of auxiliary fuel and
combustion air) of pathological waste, low-level radioactive waste,
and/or chemotherapeutic waste as defined in Sec.  60.2977 and you
notify the Administrator that the unit meets these criteria.
    (m) Small or large municipal waste combustion units. Your unit is
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb,
of this part and is required to meet the emission limitations
established in those subparts.
    (n) Small power production facilities. Your unit is excluded if it
meets the three requirements specified in paragraphs (n)(1) through (3)
of this section.
    (1) The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these
criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in
disaster recovery. Your incineration unit is excluded if it is used on
a temporary basis to combust debris from a disaster or emergency such
as a tornado, hurricane, flood, ice storm, high winds, or act of
bioterrorism and you comply with the requirements in Sec.  60.2969.
    (p) Units that combust contraband or prohibited goods. Your
incineration unit is excluded if the unit is owned or operated by a
government agency such as police, customs, agricultural inspection, or
a similar agency to destroy only illegal or prohibited goods such as
illegal drugs, or agricultural food products that can not be
transported into the country or across State lines to prevent
biocontamination. The exclusion does not apply to items either
confiscated or incinerated by private, industrial, or commercial
entities.
    (q) Incinerators used for national security. Your incineration unit
is excluded if it meets the requirements specified in either (q)(1) or
(2) of this section.
    (1) The incineration unit is used solely during military training
field exercises to destroy national security materials integral to the
field exercises.
    (2) The incineration unit is used solely to incinerate national
security materials, its use is necessary to safeguard national
security, you follow the exclusion request requirements in paragraphs
(q)(2)(i) and (ii) of this section, and the Administrator has approved
your request for exclusion.
    (i) The request for exclusion and supporting documentation must
demonstrate both that the incineration unit is used solely to destroy
national security materials and that a reliable alternative to
incineration that ensures acceptable destruction of national security
materials is unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to and approved by
the Administrator prior to initial startup.

Sec.  60.2888  Are air curtain incinerators regulated under this
subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of
municipal solid waste or air curtain incinerators located at
institutional facilities burning any amount of institutional waste
generated at that facility are subject to all requirements of this
subpart, including the emission limitations specified in Table 1 of
this subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per
day of the materials listed in paragraphs (b)(1) through (4) of this
section collected from the general public and from residential,
commercial, institutional, and industrial sources; or, air curtain
incinerators located at institutional facilities that burn only the
materials listed in paragraphs (b)(1) through (4) of this section
generated at that facility, are required to meet only the requirements
in Sec. Sec.  60.2970 through 60.2974 and are exempt from all other
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Sec.  60.2889  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If EPA has delegated authority to
your State, local, or tribal agency, then that agency (as well as EPA)
has the authority to implement and enforce this subpart. You should
contact your EPA Regional Office to find out if this subpart is
delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency, the authorities contained
in paragraphs (b)(1) through (6) of this section are retained by EPA
and are not transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the emission limitations in Table 1
of this subpart and operating limits established under Sec.  60.2916
and Table 2 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.
60.2917.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec.  60.2911(c)(2).

Sec.  60.2890  How are these new source performance standards
structured?

    These new source performance standards contain nine major
components, as follows:
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.

    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.

Sec.  60.2891  Do all components of these new source performance
standards apply at the same time?

    No, you must meet the preconstruction siting analysis and waste
management plan requirements before you commence construction,
reconstruction, or modification of the OSWI unit. The operator training
and qualification, emission limitations, operating limits, performance
testing and compliance, monitoring, and most recordkeeping and
reporting requirements are met after the OSWI unit begins operation.

Preconstruction Siting Analysis

Sec.  60.2894  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you commence
construction, reconstruction, or modification of an OSWI unit after
June 16, 2006.
    (b) If you commence construction, reconstruction, or modification
of an OSWI unit after December 9, 2004, but before June 16, 2006, you
are not required to prepare the siting analysis specified in this
subpart.

Sec.  60.2895  What is a siting analysis?

    (a) The siting analysis must consider air pollution control
alternatives that minimize, on a site-specific basis, to the maximum
extent practicable, potential risks to public health or the
environment. In considering such alternatives, you may consider costs,
energy impacts, nonair environmental impacts, or any other factors
related to the practicability of the alternatives.
    (b) Analyses of your OSWI unit's impacts that are prepared to
comply with State, local, or other Federal regulatory requirements may
be used to satisfy the requirements of this section, provided they
include the consideration of air pollution control alternatives
specified in paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this
section as required under Sec.  60.2952(c) prior to commencing
construction, reconstruction, or modification.

Waste Management Plan

Sec.  60.2899  What is a waste management plan?

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

Sec.  60.2900  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing
construction, reconstruction, or modification.

Sec.  60.2901  What should I include in my waste management plan?

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

Operator Training and Qualification

Sec.  60.2905  What are the operator training and qualification
requirements?

    (a) No OSWI unit can be operated unless a fully trained and
qualified OSWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified OSWI
unit operator may operate the OSWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified OSWI unit operators are temporarily not accessible,
you must follow the procedures in Sec.  60.2911.
    (b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the thirteen subjects listed in paragraphs
(c)(1)(i) through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices.
    (vii) Methods to monitor pollutants (including monitoring of
incinerator and control device operating parameters) and monitoring
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec.  60.2906  When must the operator training course be completed?

    The operator training course must be completed by the latest of the
three dates specified in paragraphs (a) through (c) of this section.
    (a) Six months after your OSWI unit startup.
    (b) December 18, 2006.
    (c) The date before an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.

Sec.  60.2907  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec.  60.2905(c).
    (b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec.  60.2905(c)(2).

Sec.  60.2908  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or
refresher course covering, at a minimum, the five topics described in
paragraphs (a) through (e) of this section.

    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Responses to malfunctions or conditions that may lead to
malfunction.
    (e) Discussion of operating problems encountered by attendees.

Sec.  60.2909  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec.  60.2908.
    (b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec.  60.2907(a).

Sec.  60.2910  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily
accessible for all OSWI unit operators that addresses the nine topics
described in paragraphs (a)(1) through (9) of this section. You must
maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
    (6) Monitoring procedures for demonstrating compliance with the
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  60.2899
through 60.2901.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a)
of this section must be conducted by December 18, 2006 or prior to an
employee's assumption of responsibilities for operation of the OSWI
unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
    (c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have
completed review of the information in paragraph (a) of this section as
required by paragraph (b) of this section, including the date of the
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec.  60.2905, met
the criteria for qualification under Sec.  60.2907, and maintained or
renewed their qualification under Sec.  60.2908 or Sec.  60.2909.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec.  60.2911  What if all the qualified operators are temporarily not
accessible?

    If all qualified operators are temporarily not accessible (i.e.,
not at the facility and not able to be at the facility within 1 hour),
you must meet one of the three criteria specified in paragraphs (a)
through (c) of this section, depending on the length of time that a
qualified operator is not accessible.
    (a) When all qualified operators are not accessible for 12 hours or
less, the OSWI unit may be operated by other plant personnel familiar
with the operation of the OSWI unit who have completed review of the
information specified in Sec.  60.2910(a) within the past 12 months.
You do not need to notify the Administrator or include this as a
deviation in your annual report.
    (b) When all qualified operators are not accessible for more than
12 hours, but less than 2 weeks, the OSWI unit may be operated by other
plant personnel familiar with the operation of the OSWI unit who have
completed a review of the information specified in Sec.  60.2910(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec.  60.2956.
    (c) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA every 4 weeks outlining what you
are doing to ensure that a qualified operator is accessible, stating
when you anticipate that a qualified operator will be accessible and
requesting approval from EPA to continue operation of the OSWI unit.
You must submit the first status report 4 weeks after you notify the
Administrator of the deviation under paragraph (c)(1) of this section.
If EPA notifies you that your request to continue operation of the OSWI
unit is disapproved, the OSWI unit may continue operation for 90 days,
then must cease operation. Operation of the unit may resume if you meet
the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.
60.2905(a).
    (ii) You notify EPA that a qualified operator is accessible and
that you are resuming operation.

Emission Limitations and Operating Limits

Sec.  60.2915  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 1 of this
subpart 60 days after your OSWI unit reaches the charge rate at which
it will operate, but no later than 180 days after its initial startup.

Sec.  60.2916  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 2 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
    (1) Maximum charge rate, calculated using one of the two different
procedures in paragraphs (a)(1)(i) or (ii) of this section, as
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is
the average charge rate measured during the most recent performance
test demonstrating compliance with all applicable emission limitations.
    (ii) For batch units, maximum charge rate is the charge rate
measured during the most recent performance test

demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is
calculated as the average pressure drop across the wet scrubber
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations; or minimum
amperage to the wet scrubber, which is calculated as the average
amperage to the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the
average liquor flow rate at the inlet to the wet scrubber measured
during the most recent performance test demonstrating compliance with
all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the average
liquor pH at the inlet to the wet scrubber measured during the most
recent performance test demonstrating compliance with the hydrogen
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the
initial performance test 60 days after your OSWI unit reaches the
charge rate at which it will operate, but no later than 180 days after
its initial startup.

Sec.  60.2917  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet
scrubber or limit emissions in some other manner to comply with the
emission limitations under Sec.  60.2915, you must petition EPA for
specific operating limits, the values of which are to be established
during the initial performance test and then continuously monitored
thereafter. You must not conduct the initial performance test until
after the petition has been approved by EPA. Your petition must include
the five items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as
operating limits.
    (b) 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.
    (c) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters.
    (d) 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.
    (e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec.  60.2918  What happens during periods of startup, shutdown, and
malfunction?

    The emission limitations and operating limits apply at all times
except during OSWI unit startups, shutdowns, or malfunctions.

Performance Testing

Sec.  60.2922  How do I conduct the initial and annual performance
test?

    (a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in
Table 1 of this subpart.
    (c) All performance tests must be conducted using the minimum run
duration specified in Table 1 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas
composition analysis, including measurement of oxygen concentration.
Method 3A or 3B of appendix A of this part must be used simultaneously
with each method.
    (f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 in ``60.2975.
    (g) Method 26A of appendix A of this part must be used for hydrogen
chloride concentration analysis, with the additional requirements
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling
using the procedure described in paragraphs (g)(1)(i) through (iii) of
this section.
    (i) Assemble the sampling train(s) and conduct a conditioning run
by collecting between 14 liters per minute (0.5 cubic feet per minute)
and 30 liters per minute (1.0 cubic feet per minute) of gas over a one-
hour period. Follow the sampling procedures outlined in section 8.1.5
of Method 26A of appendix A of this part. For the conditioning run,
water can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with
a fresh impinger train for the sampling run, leaving the probe and
filter (and cyclone, if used) in position. Do not recover the filter or
rinse the probe before the first run. Thoroughly rinse the impingers
used in the preconditioning run with deionized water and discard these
rinses.
    (iii) The probe and filter assembly are conditioned by the stack
gas and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and
134 [deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the
requirements specified in paragraphs (g)(3)(i) and (ii) of this section
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of
appendix A of this part must be used.
    (ii) The post-test moisture removal procedure described in section
8.1.6 of Method 26A of appendix A of this part must be used.

Sec.  60.2923  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.

Initial Compliance Requirements

Sec.  60.2927  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.  60.8, to determine compliance with the emission limitations in
Table 1 of this subpart and to establish operating limits using the
procedure in Sec.  60.2916 or Sec.  60.2917. The initial performance
test must be conducted using the test methods listed in Table 1 of this
subpart and the procedures in Sec.  60.2922.

Sec.  60.2928  By what date must I conduct the initial performance
test?

    The initial performance test must be conducted within 60 days after
your OSWI unit reaches the charge rate at which it will operate, but no
later than 180 days after its initial startup.

Continuous Compliance Requirements

Sec.  60.2932  How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the
pollutants in Table 1 of this subpart for each OSWI unit 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 and the
procedures in 60.2922.
    (b) You must continuously monitor carbon monoxide emissions to
determine compliance with the carbon monoxide emissions limitation.
Twelve-hour rolling average values are used to determine compliance. A
12-hour rolling average value above the carbon monoxide emission limit
in Table 1 of this subpart constitutes a deviation from the emission
limitation.
    (c) You must continuously monitor the operating parameters
specified in Sec.  60.2916 or established under Sec.  60.2917. Three-
hour rolling average values are used to determine compliance with the
operating limits unless a different averaging period is established
under Sec.  60.2917. A 3-hour rolling average value (unless a different
averaging period is established under Sec.  60.2917) above the
established maximum or below the established minimum operating limits
constitutes a deviation from the established operating limits.
Operating limits do not apply during performance tests.

Sec.  60.2933  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.

Sec.  60.2934  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test
data for at least three consecutive annual tests, and all performance
tests for the pollutant over that period show that you comply with the
emission limitation. 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 3rd year and no more than 36
months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for
the pollutant, you may choose to conduct performance tests for that
pollutant every 3rd year, but each test must be within 36 months of the
previous performance test.
    (c) If a performance test shows a deviation from an emission
limitation for any pollutant, you must conduct annual performance tests
for that pollutant until three consecutive annual performance tests for
that pollutant all show compliance.

Sec.  60.2935  May I conduct a repeat performance test to establish new
operating limits?

    Yes, you may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.

Monitoring

Sec.  60.2939  What continuous emission monitoring systems must I
install?

    (a) You must install, calibrate, maintain, and operate continuous
emission monitoring systems for carbon monoxide and for oxygen. You
must monitor the oxygen concentration at each location where you
monitor carbon monoxide.
    (b) You must install, evaluate, and operate each continuous
emission monitoring system according to the ``Monitoring Requirements''
in Sec.  60.13.

Sec.  60.2940  How do I make sure my continuous emission monitoring
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure carbon
monoxide and oxygen.
    (b) Complete your initial evaluation of the continuous emission
monitoring systems within 60 days after your OSWI unit reaches the
maximum load level at which it will operate, but no later than 180 days
after its initial startup.
    (c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your carbon monoxide and oxygen
continuous emission monitoring systems. To validate carbon monoxide
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data
during each initial and annual evaluation of your continuous emission
monitoring systems following the applicable performance specifications
in appendix B of this part. Table 3 of this subpart shows the required
span values and performance specifications that apply to each
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of
appendix F of this part for each continuous emission monitoring system.
The procedures include daily calibration drift and quarterly accuracy
determinations.

Sec.  60.2941  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 12 months after the previous evaluation
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of this part.

Sec.  60.2942  What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems, and is the data
collection requirement enforceable?

    (a) Where continuous emission monitoring systems are required,
obtain 1-hour arithmetic averages. Make sure the averages for carbon
monoxide are in parts per million by dry volume at 7 percent oxygen.
Use the 1-hour averages of oxygen data from your continuous emission
monitoring system to determine the actual oxygen level and to calculate
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your
continuous emission monitoring systems to complete at least one cycle
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the
operating hours per day for at least 90 percent of the operating days
per calendar quarter. An operating day is any day the unit combusts any
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you have deviated from the data
collection requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs
(a) through (c) of this section, you must still use all valid data from
the continuous emission monitoring systems in calculating emission
concentrations.
    (f) If continuous emission monitoring systems are temporarily
unavailable to meet the data collection requirements, refer to Table 3
of this subpart. It shows alternate methods for collecting data when
systems malfunction or when repairs, calibration checks, or zero and
span checks keep you from collecting the minimum amount of data.

Sec.  60.2943  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.2975 to calculate emissions at 7
percent oxygen.
    (b) Use Equation 2 in Sec.  60.2975 to calculate the 12-hour
rolling averages for concentrations of carbon monoxide.

Sec.  60.2944  What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission
limitations under Sec.  60.2915, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 2 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications),
maintain, and operate a device or method for measuring the use of any
stack that could be used to bypass the control device. The measurement
must include the date, time, and duration of the use of the bypass
stack.
    (c) If you are using a method or air pollution control device other
than a wet scrubber to comply with the emission limitations under Sec.
60.2915, 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.  60.2917.

Sec.  60.2945  Is there a minimum amount of operating parameter
monitoring data I must obtain?

    (a) Except for monitor malfunctions, associated repairs, and
required quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments
of the monitoring system), you must conduct all monitoring at all times
the OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent
of the operating hours per day for at least 90 percent of the operating
days per calendar quarter. An operating day is any day the unit
combusts any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs
(a) and (b) of this section, you have deviated from the data collection
requirement regardless of the operating parameter level monitored.
    (d) Do not use data recorded during monitor malfunctions,
associated repairs, and required quality assurance or quality control
activities for meeting the requirements of this subpart, including data
averages and calculations. You must use all the data collected during
all other periods in assessing compliance with the operating limits.

Recordkeeping and Reporting

Sec.  60.2949  What records must I keep?

    You must maintain the 15 items (as applicable) as specified in
paragraphs (a) through (o) of this section for a period of at least 5
years.
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8)
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls
other than wet scrubbers under Sec.  60.2917, you must maintain data
collected for all operating parameters used to determine compliance
with the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions
and all 3-hour rolling average values of continuously monitored
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the
control device.
    (c) Identification of calendar dates and times for which continuous
emission monitoring systems or monitoring systems used to monitor
operating limits were inoperative, inactive, malfunctioning, or out of
control (except for downtime associated with zero and span and other
routine calibration checks). Identify the pollutant emissions or
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
    (e) Identification of calendar dates and times for which monitoring
data show a deviation from the carbon monoxide emissions limit in Table
1 of this subpart or a deviation from the operating limits in Table 2
of this subpart or a deviation from other operating limits established
under Sec.  60.2917 with a description of the deviations, reasons for
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not
collect the minimum amount of data required under Sec. Sec.  60.2942
and 60.2945.
    (g) For carbon monoxide continuous emissions monitoring systems,
document the results of your daily drift tests and quarterly accuracy
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required
under Sec.  60.2944.
    (i) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations and a
description of the types of waste burned during the test.
    (j) All documentation produced as a result of the siting
requirements of Sec. Sec.  60.2894 and 60.2895.
    (k) Records showing the names of OSWI unit operators who have
completed review of the information in Sec.  60.2910(a) as required by
Sec.  60.2910(b), including the date of the initial review and all
subsequent annual reviews.
    (l) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec.  60.2905, met
the criteria for qualification under Sec.  60.2907, and maintained or
renewed their qualification under Sec.  60.2908 or Sec.  60.2909.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
    (m) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
    (n) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
    (o) The information listed in Sec.  60.2910(a).

Sec.  60.2950  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative
format is approved by the Administrator.

Sec.  60.2951  What reports must I submit?

    See Table 4 of this subpart for a summary of the reporting
requirements.

Sec.  60.2952  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction
that includes the five items listed in paragraphs (a) through (e) of
this section.
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting
requirements of Sec.  60.2895.
    (d) The waste management plan as specified in Sec. Sec.  60.2899
through 60.2901.
    (e) Anticipated date of initial startup.

Sec.  60.2953  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through
(e) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating limits
under Sec.  60.2917.
    (e) The anticipated date of initial startup.

Sec.  60.2954  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) and (b)
of this section no later than 60 days following the initial performance
test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test
results obtained under Sec.  60.2927, as applicable.
    (b) The values for the site-specific operating limits established
in Sec.  60.2916 or Sec.  60.2917.

Sec.  60.2955  When must I submit my annual report?

    You must submit an annual report no later than 12 months following
the submission of the information in Sec.  60.2954. You must submit
subsequent reports no more than 12 months following the previous
report.

Sec.  60.2956  What information must I include in my annual report?

    The annual report required under Sec.  60.2955 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec.  60.2957
through 60.2959.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and
signature, certifying the truth, accuracy, and completeness of the
report. Such certifications must also comply with the requirements of
40 CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting
period.
    (d) The values for the operating limits established pursuant to
Sec.  60.2916 or Sec.  60.2917.
    (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, and that no monitoring system used to determine
compliance with the emission limitations or operating limits was
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded
12-hour average, as applicable, for carbon monoxide emissions and the
highest recorded 3-hour average and the lowest recorded 3-hour average,
as applicable, for each operating parameter recorded for the calendar
year being reported.
    (g) Information recorded under Sec.  60.2949(b)(6) and (c) through
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting
period, the results of that test.
    (i) If you met the requirements of Sec.  60.2934(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec.  60.2934(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators
were unavailable for more than 12 hours, but less than 2 weeks.

Sec.  60.2957  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour
average parameter level is above the maximum operating limit or below
the minimum operating limit established under this subpart, if any
recorded 12-hour average carbon monoxide emission rate is above the
emission limitation, if the control device was bypassed, or if a
performance test was conducted that showed a deviation from any
emission limitation.
    (b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).

Sec.  60.2958  What must I include in the deviation report?

    In each report required under Sec.  60.2957, for any pollutant or
operating parameter that deviated from the emission limitations or
operating limits specified in this subpart, include the seven items
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.
    (g) The dates, times, and durations of any bypass of the control
device.

Sec.  60.2959  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
    (1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will
be available.
    (2) Submit a status report to EPA every 4 weeks that includes the
three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be
accessible.
    (iii) Request approval from EPA to continue operation of the OSWI
unit.

    (b) If your unit was shut down by EPA, under the provisions of
Sec.  60.2911(c)(2), due to a failure to provide an accessible
qualified operator, you must notify EPA that you are resuming operation
once a qualified operator is accessible.

Sec.  60.2960  Are there any other notifications or reports that I must
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.

Sec.  60.2961  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in
paper format, postmarked on or before the submittal due dates.

Sec.  60.2962  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or
annual reporting dates. See Sec.  60.19(c) for procedures to seek
approval to change your reporting date.

Title V Operating Permits

Sec.  60.2966  Am I required to apply for and obtain a title V
operating permit for my unit?

    Yes, if you are subject to this subpart, you are required to apply
for and obtain a title V operating permit unless you meet the relevant
requirements for an exemption specified in Sec.  60.2887.

Sec.  60.2967  When must I submit a title V permit application for my
new unit?

    (a) If your new unit subject to this subpart is not subject to an
earlier permit application deadline, a complete title V permit
application must be submitted on or before one of the dates specified
in paragraphs (a)(1) or (2) of this section. (See section 503(c) of the
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
    (1) For a unit that commenced operation as a new source as of
December 16, 2005, then a complete title V permit application must be
submitted not later than December 18, 2006.
    (2) For a unit that does not commence operation as a new source
until after December 16, 2005, then a complete title V permit
application must be submitted not later than 12 months after the date
the unit commences operation as a new source.
    (b) If your new unit subject to this subpart is subject to title V
as a result of some triggering requirement(s) other than this subpart
(for example, a unit subject to this subpart may be a major source or
part of a major source), then your unit may be required to apply for a
title V permit prior to the deadlines specified in paragraph (a) of
this section. If more than one requirement triggers a source's
obligation to apply for a title V permit, the 12-month timeframe for
filing a title V permit application is triggered by the requirement
that first causes the source to be subject to title V. (See section
503(c) of the Clean Air Act and 40 CFR 70.3(a) and (b), 40 CFR
70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40
CFR 71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with Federal law. (See sections 503(d) and 502(a) of the
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Temporary-Use Incinerators and Air Curtain Incinerators Used in
Disaster Recovery

Sec.  60.2969  What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the
requirements of this subpart if it is used on a temporary basis to
combust debris from a disaster or emergency such as a tornado,
hurricane, flood, ice storm, high winds, or act of bioterrorism. To
qualify for this exclusion, the incinerator or air curtain incinerator
must be used to combust debris in an area declared a State of Emergency
by a local or State government, or the President, under the authority
of the Stafford Act, has declared that an emergency or a major disaster
exists in the area, and you must follow the requirements specified in
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a
period that begins on the date the unit started operation and lasts 8
weeks or less within the boundaries of the same emergency or disaster
declaration area, then it is excluded from the requirements of this
subpart. You do not need to notify the Administrator of its use or meet
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used
during a period that begins on the date the unit started operation and
lasts more than 8 weeks within the boundaries of the same emergency or
disaster declaration area, you must notify the Administrator that the
temporary-use incinerator or air curtain incinerator will be used for
more than 8 weeks and request permission to continue to operate the
unit as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8
weeks after you start operation of the temporary-use incinerator or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area.
    (2) The notification must contain the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, identification of the
disaster or emergency for which the incinerator or air curtain
incinerator is being used, a description of the types of materials
being burned in the incinerator or air curtain incinerator, a brief
description of the size and design of the unit (for example, an air
curtain incinerator or a modular starved-air incinerator), the reasons
the incinerator or air curtain incinerator must be operated for more
than 8 weeks, and the amount of time for which you request permission
to operate including the date you expect to cease operation of the
unit.
    (c) If you submitted the notification containing the information in
paragraph (b)(2) by the date specified in paragraph (b)(1), you may
continue to operate the incinerator or air curtain incinerator for
another 8 weeks, which is a total of 16 weeks from the date the unit
started operation within the boundaries of the current emergency or
disaster declaration area. You do not have to meet the emission
limitations or other requirements of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air
curtain incinerator started operation within the boundaries of the
current emergency or disaster declaration area, you must cease
operation of the unit or comply with all requirements of this subpart,
unless the Administrator has approved in writing your request to
continue operation.
    (2) If the Administrator has approved in writing your request to
continue operation, then you may continue to operate the incinerator or
air curtain incinerator within the boundaries of the current emergency
or disaster declaration area until the date specified in the approval,
and you do not need to comply with any other requirements of this
subpart during the approved time period.

Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and
Yard Waste

Sec.  60.2970  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open, integrated combustion chamber (fire box)
or open pit or trench (trench burner) in which combustion occurs. For
the purpose of this subpart and subpart FFFF of this part only, air
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (4) of this section are required to meet only
the requirements in Sec. Sec.  60.2970 through 60.2974 and are exempt
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Sec.  60.2971  What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) 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)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all
times except during malfunctions.

Sec.  60.2972  How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8.
    (c) After the initial test for opacity, conduct annual tests no
more than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for
more than 12 months following the date of the previous test, then you
must conduct a test for opacity upon startup of the unit.

Sec.  60.2973  What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?

    (a) Prior to commencing construction on your air curtain
incinerator, submit the three items described in paragraphs (a)(1)
through (3) of this section.
    (1) Notification of your intent to construct the air curtain
incinerator.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain
incinerator.
    (b) Keep records of results of all initial and annual opacity tests
in either paper copy or computer-readable format that can be printed
upon request, unless the Administrator approves another format, for at
least 5 years. You must keep each record on site for at least 2 years.
You may keep the records off site for the remaining 3 years.
    (c) Make all records available for submittal to the Administrator
or for an inspector's review.
    (d) You must submit the results (each 6-minute average) 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.
    (e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports on site for a
period of 5 years. You must keep each report on site for at least 2
years. You may keep the reports off site for the remaining 3 years.

Sec.  60.2974  Am I required to apply for and obtain a title V
operating permit for my air curtain incinerator that burns only wood
waste, clean lumber, and yard waste?

    Yes, if your air curtain incinerator is subject to this subpart,
you are required to apply for and obtain a title V operating permit as
specified in Sec. Sec.  60.2966 and 60.2967.

Equations

Sec.  60.2975  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7
percent oxygen using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.000

Where:

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

    (b) Capacity of a very small municipal waste combustion unit. For
very small municipal waste combustion units that can operate
continuously for 24-hour periods, calculate the unit capacity based on
24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design
based on heat input capacity, calculate the maximum charging rate based
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts
refuse-derived fuel, use a heating value of 12,800 kilojoules per
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts
municipal solid waste, use a heating value of 10,500 kilojoules per
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit.
Calculate the capacity of a batch OSWI unit as the maximum design
amount of municipal solid waste it can charge per batch multiplied by
the maximum number of batches it can process in 24 hours. Calculate the
maximum number of batches by dividing 24 by the number of hours needed
to process one batch. Retain fractional batches in the calculation. For
example, if one batch requires 16 hours, the unit can combust 24/16, or
1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant
rates (Eh) are obtained (e.g., CEMS values), compute the
rolling average carbon monoxide pollutant rate (Ea) for each
12-hour period using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16DE05.001

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour
``j,'' ppm corrected to 7 percent O2.

Definitions

Sec.  60.2977  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the
Director of the State air pollution control agency, or his or her
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the
EPA, an employee of the EPA, the Director of the State air pollution
control agency, or employee of the State air pollution control agency
to whom the authority has been delegated by the Administrator of the
EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA,
the Director of the State air pollution control agency, or employee of
the State air pollution control agency to whom the authority has been
delegated by the Administrator of the EPA to perform the specified
task.
    Air curtain incinerator means an incineration unit operating by
forcefully projecting a curtain of air across an open, integrated
combustion chamber (fire box) or open pit or trench (trench burner) in
which combustion occurs. For the purpose of this subpart and subpart
FFFF of this part only, air curtain incinerators include both firebox
and trench burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the
production or use of anti-neoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per
day of municipal solid waste or other solid wastes based on an annual
average;
    (2) Is located on a site where there is no evidence of groundwater
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if
connected by road, is located more than 50 miles from a Class I
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an
interruption in access to surface transportation, preventing access to
a Class I municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a
landfill located in an area that annually receives 25 inches or less of
precipitation.
    Class III municipal solid waste landfill is a landfill that is not
connected by road to a Class I municipal solid waste landfill, as
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by
road, is located more than 50 miles from a Class I municipal solid
waste landfill, and that accepts, for disposal, either of the following
two criteria:
    (1) Ash from incinerated municipal waste in quantities less than 1
ton per day on an annual average, which ash must be free of food scraps
that might attract animals; or
    (2) Less than 5 tons per day of municipal solid waste, based on an
annual average, and is not located in a place that meets either of the
following criteria:
    (i) Where public access is restricted, including restrictions on
the right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally
by persons who are required to reside there as a condition of
employment and who do not consider the place to be their permanent
residence.
    Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).
    Collected from means the transfer of material from the site at
which the material is generated to a separate site where the material
is burned.
    Contained gaseous material means gases that are in a container when
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring
system for continuously measuring and recording the emissions of a
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the
requirements in Sec.  60.2885, 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 unit that meets the
requirements in Sec.  60.2885 and is required to obtain such a permit;
or
    (3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless of whether or not
such failure is allowed by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
    EPA means the Administrator of the EPA or employee of the EPA that
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or
operated by an organization having a governmental, educational, civic,
or religious purpose such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart)
that is combusted at any institutional facility using controlled flame
combustion in an enclosed, distinct operating unit: whose design does
not provide for energy recovery (as defined in this subpart); operated
without energy recovery (as defined in this subpart); or operated with
only waste heat recovery (as defined in this subpart). Institutional

waste also means solid waste (as defined in this subpart) combusted on
site in an air curtain incinerator that is a distinct operating unit of
any institutional facility.
    Institutional waste incineration unit means any combustion unit
that combusts institutional waste (as defined in this subpart) and is a
distinct operating unit of the institutional facility that generated
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration
units operating with starved or excess air, and any air curtain
incinerator that is a distinct operating unit of the institutional
facility that generated the institutional waste (except those air
curtain incinerators listed in Sec.  60.2888(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
    Metropolitan Statistical Area means any areas listed as
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled
``Update of Statistical Area Definitions and Guidance on Their Uses''
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/
).

    Modification or modified unit means an incineration unit you have
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
unit (not including the cost of land) updated to current costs (current
dollars). For an OSWI unit, to determine what systems are within the
boundary of the unit used to calculate these costs, see the definition
of OSWI unit.
    (2) Any physical change in the unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
    Municipal solid waste means refuse (and refuse-derived fuel)
collected from the general public and from residential, commercial,
institutional, and industrial sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather, rubber, and other combustible
materials and non-combustible materials such as metal, glass and rock,
provided that: (1) the term does not include industrial process wastes
or medical wastes that are segregated from such other wastes; and (2)
an incineration unit shall not be considered to be combusting municipal
solid waste for purposes of this subpart if it combusts a fuel feed
stream, 30 percent or less of the weight of which is comprised, in
aggregate, of municipal solid waste, as determined by Sec.  60.2887(b).
    Municipal waste combustion unit means, for the purpose of this
subpart and subpart FFFF of this part, any setting or equipment that
combusts municipal solid waste (as defined in this subpart) including,
but not limited to, field-erected, modular, cyclonic burn barrel, and
custom built incineration units (with or without energy recovery)
operating with starved or excess air, boilers, furnaces, pyrolysis/
combustion units, and air curtain incinerators (except those air
curtain incinerators listed in Sec.  60.2888(b)).
    Other solid waste incineration (OSWI) unit means either a very
small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this subpart. Unit types listed in
Sec.  60.2887 as being excluded from the subpart are not OSWI units
subject to this subpart. While not all OSWI units will include all of
the following components, an OSWI unit includes, but is not limited to,
the municipal or institutional solid waste feed system, grate system,
flue gas system, waste heat recovery equipment, if any, and bottom ash
system. The OSWI unit does not include air pollution control equipment
or the stack. The OSWI unit boundary starts at the municipal or
institutional waste hopper (if applicable) and extends through two
areas:
    (1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The OSWI unit includes all ash handling systems connected to
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
    Reconstruction means rebuilding an incineration unit and meeting
two criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the unit (not including land) updated to current costs
(current dollars). For an OSWI unit, to determine what systems are
within the boundary of the unit used to calculate these costs, see the
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been
combusted in the primary chamber. For continuous OSWI, shutdown shall
commence no less than 2 hours after the last charge to the incinerator.
For intermittent OSWI, shutdown shall commence no less than 4 hours
after the last charge to the incinerator. For batch OSWI, shutdown
shall commence no less than 5 hours after the high-air phase of
combustion has been completed.
    Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in