[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Pages 23401-23439]
[FR Doc No: 2015-08777]

Vol. 80

Monday,

No. 80

April 27, 2015

Part III

Environmental Protection Agency

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

40 CFR Part 62

Federal Plan Requirements for Sewage Sludge Incineration Units
Constructed on or Before October 14, 2010; Proposed Rule

Federal Register / Vol. 80 , No. 80 / Monday, April 27, 2015 /
Proposed Rules

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2012-0319; FRL-9923-62-OAR]
RIN 2060-AR77

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: On March 21, 2011, the Environmental Protection Agency (EPA)
issued emissions standards for new and existing sewage sludge
incineration units (SSI). This action proposes that existing SSI units
implement the emission guidelines (EG) adopted on March 21, 2011, in
states that do not have an approved state plan implementing the EG in
place by March 21, 2012. This Federal Plan will result in emissions
reductions of certain pollutants from all affected units.

DATES: Comments. Comments must be received on or before June 11, 2015.
    Public Hearing. If anyone contacts the EPA by May 7, 2015
requesting to speak at a public hearing, the EPA will hold a public
hearing on May 12, 2015.

ADDRESSES: Submit your comments on the Federal Plan requirements
proposed rule, identified by Docket ID No. EPA-HQ-OAR-2012-0319, by one
of the following methods:
     Federal Rulemaking Portal: www.regulations.gov: Follow the
online instructions for submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ- OAR-2012-0319.
     Facsimile: Fax your comments to<PHONE_NUMBER>, Attention
Docket ID No. EPA-HQ-OAR-2012-0319.
     Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2012-0319. We request that a separate copy also be sent to the contact
person identified below (see FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: Deliver your comments to: EPA Docket Center
(EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2012-0319.
Such deliveries are accepted only during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays) and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments on the Federal Plan requirements
proposed rule to Docket ID No. EPA-HQ-OAR-2012-0319. The EPA's policy
is that all comments received will be included in the public docket and
may be made available online at www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption and be free
of any defects or viruses.
    Public Hearing: If a public hearing is held, it will be held at the
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC. Contact Ms. Virginia Hunt at<PHONE_NUMBER>, to request a
hearing, to request to speak at a public hearing or to determine if a
hearing will be held. If no one contacts the EPA requesting to speak at
a public hearing concerning this proposed rule by May 7, 2015, a public
hearing will not be held. If a hearing is held, it will provide
interested parties the opportunity to present data, views or arguments
concerning the proposed action. The EPA will make every effort to
accommodate all speakers who arrive and register. Because this hearing,
if held, will be at U.S. government facilities, individuals planning to
attend the hearing should be prepared to show valid picture
identification to the security staff in order to gain access to the
meeting room. Please note that the REAL ID Act, passed by Congress in
2005, established new requirements for entering federal facilities. If
your driver's license is issued by Alaska, American Samoa, Arizona,
Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New
York, Oklahoma or the state of Washington, you must present an
additional form of identification to enter the federal building.
Acceptable alternative forms of identification include: Federal
employee badges, passports, enhanced driver's licenses and military
identification cards. In addition, you will need to obtain a property
pass for any personal belongings you bring with you. Upon leaving the
building, you will be required to return this property pass to the
security desk. No large signs will be allowed in the building, cameras
may only be used outside of the building and demonstrations will not be
allowed on federal property for security reasons.
    The EPA may ask clarifying questions during the oral presentations,
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Commenters
should notify Ms. Hunt if they will need specific equipment, or if
there are other special needs related to providing comments at the
hearings. Verbatim transcripts of the hearing and written statements
will be included in the docket for the rulemaking. The EPA will make
every effort to follow the schedule as closely as possible on the day
of the hearing; however, please plan for the hearing to run either
ahead of schedule or behind schedule. All details regarding a public
hearing if one is held will be posted on our Web site at http://www.epa.gov/ttn/atw/129/ssi/ssipg.html. The hearing will be cancelled
without further notice.
    Docket: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2012-0319. The EPA has previously established
a docket for the March 21, 2011, original sewage sludge incinerator
(SSI) new source performance standards (NSPS) and emissions guidelines
(EG) under Docket ID No. EPA-HQ-OAR-2009-0559. All documents in the
docket are listed in the www.regulations.gov index. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, will be publicly
available only in hard copy form.

Publicly available docket materials are available either electronically
at www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC,
EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the EPA Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Acronyms and Abbreviations.The following acronyms and abbreviations
are used in this document.

7-PAH 7-Polycyclic Aromatic Hydrocarbons
ACI Activated Carbon Injection
AG Attorney General
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
CAA Clean Air Act
CBI Confidential Business Information
Cd Cadmium
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CEMS Continuous Emissions Monitoring Systems
CFR Code of Federal Regulations
CO Carbon Monoxide
Cr Chromium
EG Emission Guidelines
EJ Environmental Justice
ERT Electronic Reporting Tool
ESP Electrostatic Precipitators
FB Fluidized Bed
FF Fabric Filter
HAP Hazardous Air Pollutants
HCl Hydrogen Chloride
Hg Mercury
ISTDMS Integrated Sorbent Trap Dioxin Monitoring System
ISTMMS Integrated Sorbent Trap Mercury Monitoring System
Mg/dscm Milligrams per Dry Standard Cubic Meter
MH Multiple Hearth
Mn Manganese
NAICS North American Industrial Classification System
Ng/dscm Nanograms per Dry Standard Cubic Meter
Ni Nickel
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PCB Polychlorinated Biphenyls
PCDD/PCDF Polychlorinated Dibenzo-P-Dioxins and Polychlorinated
Dibenzofurans
PM Particulate Matter
PPM Parts per Million
PPMV Parts per Million by Volume
PPMDV Parts per Million of Dry Volume
PRA Paperwork Reduction Act
PS Performance Specifications
RFA Regulatory Flexibility Act
SBA Small Business Administration
SO2 Sulfur Dioxide
SSI Sewage Sludge Incineration
TEF Toxicity Equivalence Factor
TEQ Toxicity Equivalence
The Court U.S. Court of Appeals for the District of Columbia Circuit
TMB Total Mass Basis
TPY Tons per Year
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act of 1995
VCS Voluntary Consensus Standards
WWW World Wide Web

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

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

I. General Information

A. Does the proposed action apply to me?

    Regulated Entities. If you own or operate an existing SSI and are
not already subject to an EPA-approved and effective state plan
implementing the March 21, 2011, emissions guidelines (EG), you may be
covered by this proposed action. Existing SSI are those that commenced
construction on or before October 14, 2010. Regulated categories and
entities include those that operate SSI. Although there is no specific
North American Industry Classification System (NAICS) code for SSI,
these units may be operated by wastewater treatment facilities designed
to treat domestic sewage sludge. The following NAICS codes could apply
as shown in Table 1 below:

                               Table 1--Examples of Potentially Regulated Entities
----------------------------------------------------------------------------------------------------------------
                 Category                    NAICS code          Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Solid waste combustors and incinerators..          562213  Municipalities with SSI units.
Sewage treatment facilities..............          221320  .....................................................
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
general guide for identifying entities likely to be affected by the
proposed action. To determine whether your facility would be affected
by this action, you should examine the applicability criteria in 40 CFR
62.15855 to 62.15870 of subpart LLL being proposed today. If you have
any questions regarding the applicability of this action to a
particular entity, contact the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

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

1. Submitting CBI
    Do not submit information that you consider to be CBI
electronically through www.regulations.gov or email. Send or deliver
information identified as CBI to only the following address:
    OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2012-0319.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI on a disk or CD-ROM that you mail to the EPA, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information marked as CBI will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.
    2. Docket. The docket number for the proposed action regarding the
SSI Federal Plan (40 CFR part 62, subpart LLL) is Docket ID No. EPA-HQ-
OAR-2012-0319.
    3. World Wide Web (WWW). In addition to being available in the
docket, an electronic copy of the proposed action is available on the
WWW through the Technology Transfer Network (TTN) Web site. Following
signature, the EPA will post a copy of the proposed action at http://www.epa.gov/airtoxics/129/ssi/ssipg.html. The TTN provides information
and technology exchange in various areas of air pollution control.
Additional information is also available at the same Web site.
4. Solicitation of Comments
    The EPA is aware of concerns regarding the 40 CFR 62.16015
provision requiring the SSI to operate at a minimum of 85 percent of
the maximum permitted capacity during testing. We are specifically
soliciting comments and additional data on whether the 85 percent
threshold warrants a revision due to operational limitations or other
factors.

II. Background Information

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

    Section 129 of the Clean Air Act (CAA), titled, ``Solid Waste
Combustion,'' requires the EPA to develop and adopt standards for solid
waste incineration units pursuant to CAA sections 111 and 129. On March
21, 2011, the EPA promulgated NSPS and EG for SSI units located at
wastewater treatment facilities designed to treat domestic sewage
sludge. See 76 FR 15372. Codified at 40 CFR part 60, subparts LLLL and
MMMM, these final rules set limits for nine pollutants under section
129 of the CAA: cadmium (Cd), carbon monoxide (CO), hydrogen chloride
(HCl), lead (Pb), mercury (Hg), nitrogen oxides (NOX),
particulate matter (PM), polychlorinated dibenzo-p-dioxins and
polychlorinated dibenzofurans (PCDDs/PCDFs), and sulfur dioxide
(SO2).
    Sections 111(b) and 129(a) of the CAA address emissions from new
units (i.e., NSPS), and CAA sections 111(d) and 129(b) address
emissions from existing units (i.e., EG). The NSPS are directly
enforceable federal regulations, and, under CAA section 129(f)(1),
become effective 6 months after promulgation. Unlike the NSPS, the EG
are not themselves directly enforceable.
    Section 129(b)(2) of the CAA directs states with existing SSI
subject to the EG to submit plans to the EPA that implement and enforce
the EG. The deadline for states to submit state plans to the EPA for
review was March 21, 2012.\1\ Sections 111 and 129(b)(3) of the CAA and
40 CFR 60.27(c) and (d) require the EPA to develop, implement and
enforce a Federal Plan for SSI in any state without an approvable state
plan within 2 years after promulgation of the EG. This action proposes
the SSI Federal Plan.
---------------------------------------------------------------------------

    \1\ Several states did not submit plans to the EPA by this date.
---------------------------------------------------------------------------

    On August 20, 2013, the U.S. Court of Appeals for the District of
Columbia Circuit (the Court) remanded portions of the 2011 SSI rules
for further explanation. National Ass'n. of Clean Water Agencies v.
EPA, 734 F.3d 1115. The Court did not vacate the NSPS or EG, and,
therefore, the requirements of the rules remain in place. The EPA is
evaluating the Court's decision and intends to address the Court's
remand in a timely manner. However, the court's remand requires EPA to
provide additional explanation of several aspects of its MACT floor
calculations in the SSI rule, and the Agency's response to the decision
may require further evaluation of those calculations. In the meantime,
the agency believes it is appropriate to propose the Federal Plan at
this time because the SSI rule remains in place following the Court's
decision and the federal plan is needed to implement the rule in states
without an approved state plan. In this proposal, the EPA is soliciting
public comment only on the implementation of the SSI EG through the
proposed Federal Plan. The EPA will not address comments on the
underlying SSI rule.

B. What is the purpose of this proposed rule?

    Section 129 of the CAA relies upon states as the preferred
implementers of EG for existing SSI. States with existing SSI are to
submit to the EPA within 1 year following promulgation of the EG state
plans that are at least as protective as the EG. The EPA must develop,
implement and enforce a Federal Plan within 2 years following
promulgation of the EG for sources in states which have not submitted
an approvable plan. The Federal Plan is an interim measure to ensure
that emissions standards are implemented until states assume their

role as the preferred implementers of the EG.
    States without any existing SSI are directed to submit to the
Administrator a letter of negative declaration certifying that there
are no SSI in the state. No plan is required for states that do not
have any SSI. SSI located in states that mistakenly submit a letter of
negative declaration would be subject to the Federal Plan until a state
plan covering those SSI becomes approved. State plans that have been
submitted to implement the EG adopted on March 21, 2011, are currently
undergoing EPA review. This action proposes the SSI Federal Plan to
implement the EG adopted on March 21, 2011, for those states that did
not have an approved state plan in place by March 21, 2012.
    Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require
the EPA to develop, implement and enforce a Federal Plan to cover
existing SSI located in states that do not have an approved plan within
2 years after promulgation of the EG (by March 21, 2013). The EPA is
proposing the SSI Federal Plan now so that a promulgated Federal Plan
will go into place for any such states, and, thus, ensuring
implementation and enforcement of the SSI EG.
    Incineration of sewage sludge causes the release of a wide array of
air pollutants, some of which exist in the waste feed material and are
released unchanged during combustion, and some of which are generated
as a result of the combustion process itself.\2\ The EPA estimated in
the 2011 rule that once the state plans and Federal Plan become
effective, a total emissions reduction of the regulated pollutants
would occur as follows: Acid gases (i.e., HCl and SO2) about
450 tons per year (TPY), PM about 58 TPY, non-mercury metals (i.e., Pb
and Cd) about 1.7 TPY and Hg about 4 pounds per year. The EPA also
estimated that air pollution control devices installed to comply with
the 2011 rule would also effectively reduce emissions of pollutants
such as 7-Polycyclic Aromatic Hydrocarbons (7-PAH), chromium (Cr),
manganese (Mn), nickel (Ni), and polychlorinated biphenyls (PCB).
---------------------------------------------------------------------------

    \2\ See 76 FR 51371-51375, 51396-51399 and 51399-51400 to
reference the regulatory background, summary of final rule changes
and impacts of the EG adopted on March 21, 2011.
---------------------------------------------------------------------------

C. What is the status of state plan submittals?

    Sections 111(d) and 129(b)(3) of the CAA, 42 U.S.C. 7411(d) and
7429(b)(3), authorize and require the EPA to develop and implement a
Federal Plan for SSI located in states with no approved and effective
state plan. The status of the state plans as of this proposal is
outlined in the following table.

                     Table 2--Status of State Plans
------------------------------------------------------------------------
                 Status                               States
------------------------------------------------------------------------
I. States with EPA-Approved State Plans  Indiana.
II. States Anticipated to Submit         Huntsville, Alabama; Jefferson
 Negative Declarations to the EPA.        County, Alabama; Kentucky;
                                          Jefferson County, Kentucky;
                                          Mississippi; Tennessee;
                                          Montana; Pima County, Arizona;
                                          Pinal County, Arizona; Hawaii;
                                          Washoe County, Nevada;
                                          American Samoa; Guam; Oregon.
III. Negative Declaration Submitted/EPA  Maine; Vermont; District of
 Approved.                                Columbia; Delaware;
                                          Philadelphia County,
                                          Pennsylvania; West Virginia;
                                          Alabama; Arkansas; City of
                                          Albuquerque, New Mexico; New
                                          Mexico; Oklahoma; Texas;
                                          Nebraska; Colorado; North
                                          Dakota; South Dakota; Wyoming
                                          Arizona; Idaho.
IV. Final State Plans Submitted to the   New York; Florida; Georgia;
 EPA.                                     South Carolina.
V. Draft States Plans Submitted to the   Puerto Rico; Virginia;
 EPA.                                     Missouri.
VI. States from which the EPA has not    Rhode Island; Virgin Islands;
 received a draft or final plan or        Huntsville, Alabama; Jefferson
 negative declaration.                    County, Alabama; Kentucky;
                                          Jefferson County, Kentucky;
                                          Mississippi; North Carolina;
                                          Forsyth County, North
                                          Carolina; Mecklenburg County,
                                          North Carolina; Buncombe
                                          County, North Carolina;
                                          Tennessee; Minnesota;
                                          Louisiana; Iowa; Kansas; Utah;
                                          Montana; Pima County, Arizona;
                                          Pinal County, Arizona;
                                          California; Hawaii; Washoe
                                          County, Nevada; American
                                          Samoa; Guam; Alaska; Oregon;
                                          Washington.
VII. States Anticipated to Accept        Connecticut; Massachusetts; New
 Delegation of Federal Plan.              Hampshire; New Jersey;
                                          Maryland; Pennsylvania;
                                          Allegheny County,
                                          Pennsylvania; Illinois;
                                          Michigan; Ohio; Wisconsin;
                                          Maricopa County, Arizona;
                                          Nevada; Clark County, Nevada.
------------------------------------------------------------------------

    The preamble of the final Federal Plan will list states that have
an EPA-approved plan in effect on the date the final Federal Plan is
signed by the EPA Administrator. As Regional Offices approve state
plans, they will also, in the same action, amend the appropriate
subpart of 40 CFR part 62 to codify their approvals.
    The EPA will maintain a list of state plan submittals and approvals
on the TTN Air Toxics Web site at http://www.epa.gov/airtoxics/129/ssi/ssipg.html. The list will help SSI owners or operators determine
whether their SSI is affected by a state plan or the Federal Plan.
    Sewage sludge incinerator owners and operators can also contact the
EPA Regional Office for the state in which their SSI is located to
determine whether there is an approved and effective state plan in
place. Table 3 lists the names, email addresses and telephone numbers
of the EPA Regional Office contacts and the states and protectorates
that they cover.

                                        Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
            Region                     Regional contact               Phone           States and protectorates
----------------------------------------------------------------------------------------------------------------
Region I......................  Patrick Bird,<PHONE_NUMBER>  Connecticut, Massachusetts,
<EMAIL_ADDRESS>                             Maine, New Hampshire, Rhode
                                                                                Island, Vermont.
Region II.....................  Ted Gardella,<PHONE_NUMBER>  New York, New Jersey, Puerto
<EMAIL_ADDRESS>                         Rico, Virgin Islands.

Region III....................  Mike Gordon,<PHONE_NUMBER>  Virginia, Delaware, District
<EMAIL_ADDRESS>                              of Columbia, Maryland,
                                                                                Pennsylvania, West Virginia.
Region IV.....................  Stan Kukier,<PHONE_NUMBER>  Florida, Georgia, North
<EMAIL_ADDRESS>                             Carolina, Alabama, Kentucky,
                                                                                Mississippi, South Carolina,
                                                                                Tennessee.
Region V......................  Margaret Sieffert,<PHONE_NUMBER>  Minnesota, Wisconsin,
<EMAIL_ADDRESS>                        Illinois, Indiana, Michigan,
                                                                                Ohio.
Region VI.....................  Steve Thompson,<PHONE_NUMBER>  Arkansas, Louisiana, New
<EMAIL_ADDRESS>                           Mexico, Oklahoma, Texas.
Region VII....................  Lisa Hanlon,<PHONE_NUMBER>  Iowa, Kansas, Missouri,
<EMAIL_ADDRESS>                              Nebraska.
Region VIII...................  Kendra Morrison,<PHONE_NUMBER>  Colorado, Montana, North
<EMAIL_ADDRESS>                          Dakota, South Dakota, Utah,
                                                                                Wyoming.
Region IX.....................  Joseph Lapka,<PHONE_NUMBER>  Arizona, California, Hawaii,
<EMAIL_ADDRESS>                             Nevada, American Samoa,
                                                                                Guam, Northern Mariana
                                                                                Islands.
Region X......................  Heather Valdez,<PHONE_NUMBER>  Alaska, Idaho, Oregon,
<EMAIL_ADDRESS>                           Washington.
----------------------------------------------------------------------------------------------------------------

III. Affected Facilities

A. What is a sewage sludge incinerator?

    The term ``SSI'' means any unit \3\ that combusts any amount of
sewage sludge located at a wastewater treatment facility designed to
treat domestic sewage sludge, as defined in 40 CFR part 62, subpart
LLL. The affected facility is each individual SSI unit. The Federal
Plan defines two subcategories for existing SSI units in 40 CFR part
62.16045 of subpart LLL: Multiple hearth (MH) incinerators and
fluidized bed (FB) incinerators.
---------------------------------------------------------------------------

    \3\ An SSI unit is an enclosed device or devices using
controlled flame combustion that burns sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible
matter. An SSI unit also includes, but is not limited to, the sewage
sludge feed system, auxiliary fuel feed system, grate system, flue
gas system, waste heat recovery equipment, if any, and bottom ash
system. The SSI unit includes all ash handling systems connected to
the bottom ash handling system. The combustion unit bottom ash
system ends at the truck loading station or similar equipment that
transfers the ash to final disposal. The SSI unit does not include
air pollution control equipment or the stack. 40 CFR 60.5250.
---------------------------------------------------------------------------

    The combustion of sewage sludge that is not burned in an SSI unit
located at a wastewater treatment facility designed to treat domestic
sewage sludge may be subject to other standards under the CAA.

B. Does the Federal Plan apply to me?

    The Federal Plan would apply to the owner or operator of an
affected SSI unit and the device is not covered by an approved and
effective state plan as of March 21, 2012. The Federal Plan would cover
SSI until the EPA approves a state plan that covers SSI and that plan
becomes effective.
    If the construction of an SSI unit began on or before October 14,
2010, it would be considered an existing SSI and could be subject to
the Federal Plan. If the construction of an SSI unit began after
October 14, 2010, or modification of an SSI unit began after September
21, 2011, it would be considered a new SSI and would be subject to the
NSPS.
    Any existing SSI would be subject to this Federal Plan, if, on the
effective date of the Federal Plan, the EPA has not approved a state
plan implementing the EG that covers an SSI unit or the EPA-approved
state plan has not become effective. The specific applicability of the
proposed Federal Plan is described in 40 CFR 62.15855 through 62.15870
of subpart LLL. The Federal Plan would become effective 30 days after
final promulgation.
    Once an approved state plan is in effect, the Federal Plan would no
longer apply to SSI covered by an approved state plan. An approved
state plan is a plan developed by a state that the EPA has reviewed and
approved based on the requirements in 40 CFR part 60, subpart B, to
implement 40 CFR part 60, subpart MMMM. The state plan is effective on
the date specified in the notice published in the Federal Register
announcing the EPA's approval of the plan.
    The EPA's promulgation of an SSI Federal Plan will not preclude
states from submitting a plan. If a state submits a plan after the
promulgation of the SSI Federal Plan, the EPA will review and approve
or disapprove the state plan. If the EPA approves a plan, then the SSI
Federal Plan no longer applies to SSI covered by the state plan. If an
SSI were overlooked by a state and the state submitted a negative
declaration letter, or if an individual SSI were not covered by an
approved and effective state plan, the SSI would be subject to this
Federal Plan.

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

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

IV. Elements of the SSI Federal Plan

    The basic elements of the Federal Plan include: (1) Identification
of legal authority and mechanisms for implementation; (2) inventory of
SSI; (3) emissions inventory; (4) compliance schedules; (5) emissions
limits and operating limits; (6) operator training and qualification;
(7) testing, monitoring, recordkeeping and reporting; (8) public
hearing; and (9) progress reporting. See 40 CFR part 62, subparts LLL
and sections 111 and 129 of the CAA. Below, we explain the proposed
Federal Plan elements in detail.

A. Legal Authority and Enforcement Mechanism

    Section 301(a) of the CAA provides the EPA with broad authority to
write regulations that carry out the functions of the CAA. Sections
111(d) and 129(b)(3) of the CAA direct the EPA to develop a Federal
Plan for states that do not submit approvable state plans. Sections 111
and 129 of the CAA provide the EPA with the authority to implement and
enforce the Federal Plan in cases where the state fails to submit a
satisfactory state plan. Section 129(b)(3) of the CAA requires the EPA
to develop, implement and enforce a Federal Plan within 2 years after
the date the relevant EG are promulgated (by March 21, 2013, for the
2011 SSI

EG). Compliance with the EG cannot be later than 5 years after the
relevant EG are promulgated (by March 21, 2016, for the 2011 SSI EG).

B. Inventory of Affected SSI

    In Docket No. EPA-HQ-OAR-2012-0319, today's proposed Federal Plan
includes an inventory of the SSI that may potentially be covered by
this Federal Plan in the absence of approved state plans. (See 40 CFR
62.15870.) This inventory contains 185 SSI in 25 states. It is based on
information collected from EPA Regions, states, SSI facilities, and
review of existing SSI inventories, Title V permits, emissions test
reports and facility Web sites. The EPA recognizes that this list may
not be complete. Therefore, sources potentially subject to this
proposed Federal Plan may include, but are not limited to, the SSI
listed in Docket No. EPA-HQ-OAR-2012-0319. Any SSI that meets the
applicability criteria in the proposed Federal Plan rule would be
subject to the Federal Plan, regardless of whether it is listed in the
inventory. States or individuals are invited to identify additional
sources for inclusion to the list during the comment period for this
proposal.

C. Inventory of Emissions

    This proposed Federal Plan includes an emissions estimate for
existing SSI. The pollutants inventoried are Cd, CO, PCDD/PCDF, HCl,
Pb, Hg, PM, NOX and SO2. For this proposal, the
EPA has estimated the emissions from each known SSI that potentially
may be covered by the proposed Federal Plan for the nine pollutants
regulated by the EG and covered by the proposed Federal Plan.
    The emissions inventory is based on available information about the
SSI and typical emissions rates developed for calculating nationwide
air impacts of the EG. Refer to the inventory memorandum in Docket No.
EPA-HQ-OAR-2012-0319 for the complete updated emissions inventory.We
are soliciting comments on additional data regarding the emission
inventory for existing SSI.

D. Compliance Schedules

    Owners or operators of affected SSI units must comply within 1 year
from state plan approval or, in the case of the Federal Plan, within 1
year of promulgation of the Federal Plan. Increments of progress are
required for SSI that need more than 1 year from state plan approval to
comply, or, in the case of the Federal Plan, more than 1 year after
promulgation of the final Federal Plan. (See 40 CFR 62.15875 through
62.15915.) The two proposed increments of progress are included to
ensure that each SSI needing more time to comply is making progress
toward meeting the emissions limits.
    The proposed Federal Plan includes defined and enforceable dates
for completion of each increment. These increments of progress are: (1)
Submit final control plan; and (2) final compliance.

E. Emissions Limits and Operating Limits

    The proposed Federal Plan contains emissions limits that correspond
to the 2011 SSI rule. (See 40 CFR 62.15955 through 62.16010.) The
emissions limits in this proposed SSI Federal Plan are the same as
those contained in the 2011 EG. (See proposed Table 5 of this
preamble.)This action does not revise these limits. It is only intended
to implement these limits for existing sources in states that have not
adopted a state plan. Section V.B of this preamble discusses these
emissions limits.

F. Operator Training and Qualification Requirements

    The proposed Federal Plan requires that the owner or operator must
qualify operators or their supervisors (at least one per facility) by
ensuring that they complete an operator training course and annual
review or refresher course. (See 40 CFR 62.15920 through 62.15950.)
Today's proposed Federal Plan also contains operator training and
qualification requirements that correspond to the 2011 EG.

G. Testing, Monitoring, Recordkeeping and Reporting Requirements

    The proposed Federal Plan includes testing, monitoring,
recordkeeping and reporting requirements. (See 40 CFR 62.16015 through
62.16040.) These proposed requirements correspond with the 2011 EG.
Testing, monitoring, recordkeeping and reporting requirements will
assure initial and ongoing compliance.

H. Record of Public Hearings

    Today's proposed Federal Plan provides opportunity for public
participation in adopting the plan. If requested to do so, the EPA will
hold a public hearing in Research Triangle Park, NC. A record of the
public hearing, if any, will appear in Docket No. EPA-HQ-OAR-2012-0319.
If a public hearing is requested and held, the EPA may ask clarifying
questions during the oral presentation, but will not respond to the
presentations or comments at that time. Written statements and
supporting information submitted during the public comment period will
be considered with equivalent weight as any oral statement and
supporting information subsequently presented at a public hearing, if
held.

I. Progress Reports

    Today's proposed Federal Plan requests that the EPA Regional
Offices prepare annual progress reports to show the progress of SSI
toward implementation of the EG. States that have been delegated the
authority to implement and enforce this Federal Plan would be required
to submit annual progress reports to the appropriate EPA Regional
Office.
    Each progress report must include the following items: (1) Status
of enforcement actions; (2) status of increments of progress; (3)
identification of sources that have shut down or started operation; (4)
emissions inventory data for sources that were not in operation at the
time of plan development but that began operation during the reporting
period; (5) additional data as necessary to update previously submitted
source and emissions information; and (6) copies of technical reports
on any performance testing and monitoring.

J. Affirmative Defense to Malfunctions

    The proposed Federal Plan does not include an affirmative defense
to malfunction events. In the 2011 SSI rule, the EPA included an
affirmative defense which provided that civil penalties would not be
assessed if a source demonstrated in a judicial or administrative
proceeding that it had met certain requirements.
    However in 2014, the Court vacated such an affirmative defense in
one of the EPA's CAA section 112(d) regulations. NRDC v. EPA, 749 F.3d
1055 (D.C. Cir. 2014) (vacating affirmative defense provisions in CAA
section 112(d) rule establishing emission standards for Portland cement
kilns). The Court found that the EPA lacked authority to establish an
affirmative defense for private civil suits and held that under the
CAA, the authority to determine civil penalty amounts lies exclusively
with the Courts, not the EPA. Specifically, the Court found: ``As the
language of the statute makes clear, the courts determine, on a case-
by-case basis, whether civil penalties are `appropriate.' '' See NRDC
at 1063 (``U]nder this statute, deciding whether penalties are
`appropriate' in a given private civil suit is a job for the courts,
not EPA.''). In light of NRDC, the EPA's proposed Federal Plan for the
SSI rule does not include the affirmative defense

provision. The EPA intends to revise the SSI rule and remove the
affirmative defense provision from the rule in the near future.

V. Summary of Proposed SSI Federal Plan Requirements

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

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

A. What are the proposed applicability requirements?

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

B. What are the proposed compliance schedules?

    Today's proposed Federal Plan requires owners or operators of SSI
to either: (1) Come into compliance with the plan within 1 year after
the plan is promulgated; or (2) meet increments of progress and come
into compliance by March 21, 2016. Increments of progress are necessary
in order to ensure that SSI needing more time to comply are making
progress toward meeting the emissions limits and will be in compliance
by the required date. This proposed Federal Plan includes two
increments of progress (See 40 CFR 62.15875 through 62.15915), along
with defined and enforceable dates for completion of each increment.
    The SSI owner or operator must meet each of the two increments of
progress for each SSI no later than the applicable compliance date for
each increment. In addition, the owner or operator must notify the EPA
and permitting authority or delegated authority as each increment of
progress is achieved, as well as when any is missed. The notification
must identify the increment and the date the increment is achieved (or
missed). If an owner or operator misses an increment deadline, the
owner or operator must also notify the EPA and permitting authority or
delegated authority when the increment is achieved. The owner or
operator must mail the notification to the applicable EPA Regional
Office and permitting authority or delegated authority within 10
business days after the increment date that is defined in the Federal
Plan. (See Table 3 under section II.C.of this preamble for a list of
EPA Regional Offices.)
    The definition of each increment of progress, along with its
required completion date, follows.
    Submit Final Control Plan. To meet this increment, the owner or
operator of each SSI must submit a plan that includes a description of
the devices for air pollution control and process changes that will be
used to comply with the emissions limits and standards and other
requirements of this subpart, a description of the type(s) of waste to
be burned (if other than sewage sludge is burned in the unit), the
maximum design sewage sludge burning capacity, and, if applicable, the
petition for site-specific operating limits under 40 CFR 62.15965. A
copy of the final control plan must be maintained onsite. A final
control plan is not required for units that will be shut down prior to
the final control plan submittal date.
    Completion date: [3 months from date of publication of the final
rule in the Federal Register].
    Final Compliance. To be in final compliance means to complete all
process changes and retrofit construction of control devices as
specified in the final control plan, so that if the SSI is brought
online, all necessary process changes and air pollution control devices
are operating as designed.
    Completion date: March 21, 2016.
    The EPA developed this schedule using the EPA guidance drafted for
enabling states to draft state plans and set increments of progress.
The 2010 State Implementation Guidance Document is available in this
rulemaking docket and through the EPA's TTN at http://www.epa.gov/ttnatw01/129/hmiwi/epa453b10001_hmiwi.pdf.
    If an SSI does not achieve final compliance by March 21, 2016, the
proposed Federal Plan requires the SSI to shut down by March 21, 2016,
complete the retrofit while not operating and be in compliance upon
restarting. An SSI that operates out of compliance after the final
compliance date would be in violation of the Federal Plan and subject
to enforcement action.

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

    This action proposes to incorporate the EG emissions and operating
limits into the SSI Federal Plan. Table 5 of this preamble summarizes
the EG emissions limits promulgated. Existing sources may comply with
either the PCDD/PCDF toxicity equibalance or total mass balance
emission limits. These standards apply at all times. Facilities will be
required to establish site-specific operating limits derived from the
results of performance testing. The site-specific operating limits are
established as the

minimum (or maximum, as appropriate) operating parameter value measured
during the performance test. These operating limits will result in
achievable operating ranges that will ensure that the control devices
used for compliance will be operated to achieve continuous compliance
with the emissions limits. Further discussion on performance testing
can be found in section V.D.of this preamble.

                      Table 5--Summary of EG Emissions Limits Promulgated For Existing SSI
----------------------------------------------------------------------------------------------------------------
                                                                   Emission limit for MH   Emission limit for FB
             Pollutant                          Units                  incinerators            incinerators
----------------------------------------------------------------------------------------------------------------
Cd.................................  milligrams per dry standard  0.095.................  0.0016.
                                      cubic meter @7 percent
                                      Oxygen.
CO.................................  parts per million of dry     3,800.................  64.
                                      volume @7 percent Oxygen.
HCl................................  parts per million of dry     1.2...................  0.51.
                                      volume @7 percent Oxygen.
Hg.................................  mg/dscm @7% 02.............  0.28..................  0.037.
NOX................................  parts per million of dry     220...................  150.
                                      volume @7 percent Oxygen.
Pb.................................  milligrams per dry standard  0.30..................  0.0074.
                                      cubic meter @7 percent
                                      Oxygen.
PCDD/PCDF, TEQ.....................  nanograms per dry standard   0.32..................  0.10.
                                      cubic meter @7 percent
                                      Oxygen.
PCDD/PCDF, TMB.....................  nanograms per dry standard   5.0...................  1.2.
                                      cubic meter @7 percent
                                      Oxygen.
PM.................................  milligrams per dry standard  80....................  18.
                                      cubic meter @7 percent
                                      Oxygen.
SO2................................  parts per million of dry     26....................  15.
                                      volume @7 percent Oxygen.
Fugitive emissions from ash          Percent of the hourly        Visible emissions of    Visible emissions of
 handling.                            observation period.          combustion ash from     combustion ash from
                                                                   an ash conveying        an ash conveying
                                                                   system (including       system (including
                                                                   conveyor transfer       conveyor transfer
                                                                   points) for no more     points) for no more
                                                                   than 5 percent of any   than 5 percent of any
                                                                   compliance test         compliance test
                                                                   hourly observation      hourly observation
                                                                   period.                 period.
----------------------------------------------------------------------------------------------------------------

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

    The following paragraphs list a number of testing and monitoring
requirements in the 2011 EG that are proposed to be incorporated into
the SSI Federal Plan in today's action.
1. Performance Testing
    The proposed performance testing provisions reflect those in the
SSI EG. First, today's proposed Federal Plan requires all existing SSI
units to demonstrate initial and annual compliance with the emission
limits using EPA-approved emission test methods. Additionally, there is
a proposed option for less frequent testing if sources demonstrate that
their emissions of regulated pollutants are below thresholds of the
emission limits.
    This proposal requires initial and annual emissions performance
tests (or continuous emissions monitoring or continuous sampling as an
alternative), bag leak detection systems for fabric filter (FF)
controlled units, and continuous parameter monitoring, if they are used
to meet the emission limits. All SSI are also required to conduct
initial and annual inspections of air pollution control devices.
Additional monitoring includes the Method 22 (see 40 CFR part 60,
appendix A-7) visible emissions test of the ash handling operations
during each compliance test to demonstrate compliance with the visible
emissions limit. For existing SSI units, use of Cd, CO, HCl,
NOX, PM, Pb or SO2 Continuous Emissions
Monitoring Systems (CEMS); Integrated Sorbent Trap Mercury Monitoring
System (ISTMMS); and Integrated Sorbent Trap Dioxin Monitoring System
(ISTDMS) (continuous sampling with periodic sample analysis) are
approved alternatives to parametric monitoring and annual compliance
testing.
    Second, today's proposed Federal Plan allows sources to use results
of their previous emissions tests to meet the initial compliance
performance test requirement if those tests were conducted within the 2
previous years and were conducted under the same conditions. The
operating limits established during the most recent performance test
that demonstrated initial compliance with the emissions limits must be
met.
    Third, today's proposed Federal Plan incorporates by reference two
alternatives to the EPA reference test methods, ANSI/ASME PTC 19.10-
1981, Flue and Exhaust Gas Analyses and ASTM D6784-02, Standard Test
Method for Elemental, Oxidized, Particle Bound and Total Mercury
Generated from Coal-Fired Stationary sources (Ontario-Hydro Method).
These tests are discussed further in section IX.I.titled, ``National
Technology Transfer and Advancement Act (NTTAA),'' of this preamble.
2. Monitoring
    Monitoring of operating limits can be used to indicate whether air
pollution control equipment and practices are functioning properly to
minimize air pollution. The 2011 EG and today's proposed Federal Plan
include the following parameter monitoring requirements for good
combustion, wet scrubbers, afterburners, electrostatic precipitators
(ESP), activated carbon injection (ACI) or FF:
     All units must establish a minimum operating temperature
or afterburner temperature, site specific operating requirements for
fugitive ash, and monitor feed rate and moisture content of the sludge.
     If using a scrubber to comply with the emissions limits
for PM, Pb and Cd, continuously monitor minimum pressure drop.
     If using a scrubber to comply with any of the emissions
limits, continuously monitor minimum scrubber liquid flow rate.
     If using a scrubber to comply with the emissions limits
for SO2 or HCl, continuously monitor minimum scrubber liquid
pH.
     If using an afterburner to comply with the emissions
limits, continuously

monitor the minimum temperature of the afterburner combustion chamber.
     If using an ESP to comply with PM, Pb and Cd emissions
limits, continuously monitor minimum power input to the ESP collection
plates. Power input must be calculated as the product of the secondary
voltage and secondary amperage to the ESP collection plates. Both the
secondary voltage and secondary amperage must be recorded during the
performance test.
     If using an ESP to comply with PM, Pb and Cd emissions
limits, monitor hourly minimum effluent water flow rate at the outlet
of the ESP.
     If using ACI to comply with the emissions limits, monitor
hourly minimum Hg sorbent inject rate, minimum PCDD/PCDF sorbent
injection rate, and continuously monitor minimum carrier gas flow rate
or minimum carrier gas pressure drop for the applicable emission limit.
     If using a FF, install a bag leak detection system and
operate the bag leak detection system such that the alarm does not
sound more than 5 percent of the operating time during a 6-month
period.
     If using something other than a wet scrubber, ESP, ACI, FF
or afterburner, petition the Administrator for other site-specific
operating parameters, operating limits, and averaging periods to be
established during the initial performance test and continuously
thereafter.
    Owners or operators are not required to establish operating limits
for the operating parameters for a control device if a Continuous
Monitoring System (CMS) is used to demonstrate compliance with the
emissions limits.
3. Electronic Data Submittal
    In this proposal, the EPA is describing a process to increase the
ease and efficiency of performance test data submittal while improving
data accessibility. Specifically, the EPA is proposing that owners and
operators of SSI facilities submit electronic copies of required
performance test and performance evaluation reports by direct computer-
to-computer electronic transfer using EPA-provided software. This
mirrors the 2011 EG for SSI units. The direct computer-to-computer
electronic transfer is accomplished through the EPA's Central Data
Exchange (CDX) using the Compliance and Emissions Data Reporting
Interface (CEDRI). The CDX is the EPA's portal for submittal of
electronic data. The EPA-provided software is called the Electronic
Reporting Tool (ERT) which is used to generate electronic reports of
performance tests and evaluations. The ERT generates an electronic
report package which will be submitted using the CEDRI. The submitted
report package will be stored in the CDX archive (the official copy of
record) and the EPA's public database called WebFIRE. All stakeholders
will have access to all reports and data in WebFIRE and accessing these
reports and data will be very straightforward and easy (see the WebFIRE
Report Search and Retrieval link at http://cfpub.epa.gov/webfire/index.cfm?action=fire.searchERTSubmission). A description and
instructions for use of the ERT can be found at http://www.epa.gov/ttn/chief/ert/index.html and CEDRI can be accessed through the CDX Web site
(www.epa.gov/cdx). A description of the WebFIRE database is available
at: http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main.
    The proposal to submit performance test data electronically to the
EPA applies only to those performance tests (and/or performance
evaluations) conducted using test methods that are supported by the
ERT. The ERT supports most of the commonly used EPA reference methods.
A listing of the pollutants and test methods supported by the ERT is
available at: http://www.epa.gov/ttn/chief/ert/index.html.
    Similarly described in the 2011 EG for SSI units, we believe that
industry would benefit from this proposed approach to electronic data
submittal. Specifically, by using this approach, industry will save
time in the performance test submittal process. Additionally, the
standardized format that the ERT uses allows sources to create a more
complete test report resulting in less time spent on data backfilling
if a source failed to include all data elements required to be
submitted. Also, through this proposal, industry may only need to
submit a report once to meet the requirements of the applicable subpart
because stakeholders can readily access these reports from the WebFIRE
database. This also benefits industry by reducing on recordkeeping
costs as the performance test reports that are submitted to the EPA
using CEDRI are no longer required to be retained in hard copy,
thereby, reducing staff time needed to coordinate these records.
    Since the EPA will already have performance test data in hand,
another benefit to industry is that fewer or less substantial data
collection requests in conjunction with prospective required residual
risk assessments or technology reviews will be needed. This would
result in a decrease in staff time needed to respond to data collection
requests.
    State, local and tribal air pollution control agencies may also
benefit from having electronic versions of the reports they are now
receiving. For example, state, local and tribal air pollution control
agencies may be able to conduct a more streamlined and accurate review
of electronic data submitted to them. For example, the ERT would allow
for an electronic review process, rather than a manual data assessment,
and, therefore, making review and evaluation of the source provided
data and calculations easier and more efficient. In addition, the
public will stand to benefit from electronic reporting of emissions
data because the electronic data will be easier for the public to
access. How the air emissions data are collected, accessed and reviewed
will be more transparent for all stakeholders.
    One major advantage of the proposed submittal of performance test
data through the ERT is a standardized method to compile and store much
of the documentation required to be reported by this rule. The ERT
clearly states what testing information would be required by the test
method and has the ability to house additional data elements that might
be required by a delegated authority.
    In addition, the EPA must have performance test data to conduct
effective reviews of CAA sections 111, 112 and 129 standards, as well
as for many other purposes including compliance determinations,
emission factor development and annual emission rate determinations. In
conducting these required reviews, the EPA has found it ineffective and
time consuming, for both EPA and regulatory agencies and source owners
and operators, to locate, collect and submit performance test data. In
recent years, though, stack testing firms have typically collected
performance test data in electronic format, making it possible to move
to an electronic data submittal system that would increase the ease and
efficiency of data submittal and improve data accessibility.
    A common concern raised by industry and regulators is that emission
factors are outdated or not representative of a particular source
category. With timely receipt and incorporation of data from most
performance tests, the EPA would be able to ensure that emission
factors, when updated, represent the most current range of operational
practices. Finally, another benefit of the proposed data submittal to
WebFIRE electronically is that these data would greatly improve the
overall quality of existing and new emissions factors by supplementing
the pool of emissions

test data for establishing emissions factors.
    In summary, in addition to supporting regulation development,
control strategy development and other air pollution control
activities, having an electronic database populated with performance
test data would save industry, state, local, tribal agencies and the
EPA significant time, money and effort while also improving the quality
of emission inventories and air quality regulations.

E. What are the proposed recordkeeping and reporting requirements?

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

F. What other requirements is the EPA proposing?

    This action proposes other requirements that reflect those
finalized in the 2011 EG. First, owners and operators of existing SSI
units are required to meet operator training and qualification
requirements, which include: Ensuring that at least one operator or
supervisor per facility complete the operator training course, that
qualified operator(s) or supervisor(s) complete an annual review or
refresher course specified in the regulation and that they maintain
plant-specific information, updated annually, regarding training.
    Second, owners or operators of existing SSI are required to submit
a monitoring plan for any CMS or bag leak detection system used to
comply with the rule. Third, they must also submit a monitoring plan
for their ash handling system that specifies the operating procedures
they will follow to ensure that they meet the fugitive ash emissions
limit.

VI. SSI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

    The proposed Federal Plan establishes that if owners or operators
plan to permanently close currently operating SSI, they must do so and
submit a closure notification to the Administrator by the date the
final control plan is due. The requirements for closing SSI unit rather
than complying with the rule under today's proposal will be set forth
at 40 CFR 62.15915 of subpart LLL. Until such time as a unit is
permanently closed, it must comply with any applicable requirements of
the Federal Plan.
    If an SSI unit continues to operate 1 year after publication of the
final Federal Plan in the Federal Register, then it must comply with
all aspects of this Federal Plan by the date 1 year after publication
of the final action. In addition, while still in operation, the SSI
unit is subject to the same requirements for Title V operating permits
that apply to units that will not shut down.

B. Inoperable Units

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

C. SSI That Have Shut Down

    Today's Federal Plan proposal includes any SSI that are known to
have already shut down (but are not known to be inoperable) in the
source inventory . . .
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive SSI plans to restart before
the final compliance date, the owner or operator must meet the
increments of progress specified in the Federal Plan. Final compliance
is required for all pollutants and all SSI no later than the final
compliance date.
2. Restarting After the Final Compliance Date
    Under this proposed Federal Plan, if the owner or operator of an
SSI closes the SSI unit, but restarts the unit after the final
compliance date, the owner or operator must complete emission control
retrofits and meet the emissions and operating limits on the date the
SSI unit restarts operation. Within 6 months of the unit startup,
operator(s) of these SSI would have to complete the operator training
and qualification requirements. Within 60 days of installing an air
pollution control device, operator(s) must conduct a unit inspection.
Performance testing to demonstrate initial compliance would also be
required as described at 40 CFR 62.15980. There is no need to show that
the increments of progress have been met since these steps would have
occurred before restart while the SSI was shut down and not generating
emissions. AN SSI that operates out of compliance after the final
compliance date would be in violation of the Federal Plan and subject
to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, the EPA is required to
adopt EG that are applicable to existing solid waste incineration
units. These EG are fully implemented when the EPA approves a state
plan or adopts a Federal Plan that implements and enforces the EG. As
discussed above, the Federal Plan regulates SSI in states that do not
have approved plans in effect to implement the EG.
    Congress has determined that the primary responsibility for air
pollution prevention and control rests with state and local agencies.
(See section 101(a)(3) of the CAA.) Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved. Also, in section 111(d) of the
CAA, Congress explicitly required that the EPA establish procedures
that are similar to those under CAA section 110(c) for state
implementation plans. Although Congress required the EPA to propose and
promulgate a Federal Plan for states that fail to submit approvable
state plans on time, states may submit plans after promulgation of the
SSI Federal Plan. The EPA strongly encourages states that are unable to

submit approvable plans to request delegation of the Federal Plan so
that they can have primary responsibility for implementing the revised
EG, consistent with the intent of Congress.
    Approved and effective state plans or delegation of the Federal
Plan is the EPA's preferred outcome because the EPA believes that
state, tribal, and local agencies not only have the responsibility to
carry out the revised EG, but also have the practical knowledge and
enforcement resources critical to achieving the highest rate of
compliance. It is generally preferable for the state and local agencies
to be the implementing agency. For these reasons, the EPA will do all
that it can to expedite delegation of the Federal Plan to state and
local agencies, whenever possible, in cases where states are unable to
develop and submit approvable state plans.

B. Delegation of the Federal Plan and Retained Authorities

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

C. Mechanisms for Transferring Authority

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

D. Implementing Authority

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

VIII. Title V Operating Permits

    All existing SSI units regulated under state or Federal Plans
implementing the 2011 EG must apply for and obtain a Title V permit.
These Title V operating permits assure compliance with all applicable
requirements for regulated SSI units, including all applicable CAA
section 129 requirements.\4\
---------------------------------------------------------------------------

    \4\ 40 CFR 70.2, 70.6(a)(1), 71.2 and 71.6(a)(1).
---------------------------------------------------------------------------

    The permit application deadline for a CAA section 129 source
applying for a Title V operating permit depends on when the source
first becomes subject to the relevant Title V permits program. For
example, if the SSI unit is an existing unit and is not subject to an
earlier permit application deadline, the source must submit a complete
Title V

permit application by the earliest of the following dates:
     Twelve months after the effective date of any applicable
EPA-approved CAA sections 111(d)/129 plan (i.e., approved state or
tribal plan that implements the SSI EG); or
     Twelve months after the effective date of any applicable
Federal Plan; or
     Thirty-six months after promulgation of 40 CFR part 60,
subpart MMMM, i.e., March 21, 2014.
    For any existing SSI unit not subject to an earlier permit
application deadline, the application deadline of March 21, 2014,
applies regardless of whether or when any applicable Federal Plan is
effective, or whether or when any applicable CAA sections 111(d)/129
plan is approved by the EPA and becomes effective. (See CAA sections
129(e), 503(c), 503(d), 502(a) and 40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i).)
    If the SSI unit is subject to Title V as a result of some
triggering requirement(s) other than those mentioned above (for
example, an SSI unit may be a major source or part of a major source),
then the owner/operator of the source may be required to apply for a
Title V permit prior to the deadlines specified above. If more than one
requirement triggers a source's obligation to apply for a Title V
permit, the 12-month time frame for filing a Title V permit application
is triggered by the requirement which first causes the source to be
subject to Title V.\5\
---------------------------------------------------------------------------

    \5\ CAA Section 503(c) and 40 CFR 70.3(a) and (b),
70.5(a)(1)(i), 71.3(a) and (b) and 71.5(a)(1)(i).
---------------------------------------------------------------------------

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

A. Title V and Delegation of a Federal Plan

    As noted previously, issuance of a Title V permit is not equivalent
to the approval of a state plan or delegation of a Federal Plan.\6\
Legally, delegation of a standard or requirement results in a delegated
state or tribe standing in for the EPA as a matter of federal law. This
means that obligations a source may have to the EPA under a federally
promulgated standard become obligations to a state (except for
functions that the EPA retains for itself) upon delegation.\7\ Although
a state or tribe may have the authority under state or tribal law to
incorporate section 111/129 requirements into its Title V permits, and
implement and enforce these requirements in these permits without first
taking delegation of the section 111/129 Federal Plan, the state or
tribe is not standing in for the EPA as a matter of federal law in this
situation. Where a state or tribe does not take delegation of a section
111/129 Federal Plan, obligations that a source has to the EPA under
the Federal Plan continue after a Title V permit is issued to the
source. As a result, the EPA continues to maintain that an approved
part 70 operating permits program cannot be used as a mechanism to
transfer the authority to implement and enforce the Federal Plan from
the EPA to a state or tribe.
---------------------------------------------------------------------------

    \6\ See, e.g., the ``Title V and Delegation of a Federal Plan''
section of the proposed Federal Plan for Commercial Industrial Solid
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652).
The preamble language from this section in the proposed Federal Plan
for CISWI was reaffirmed in the final Federal Plan for CISWI,
October 3, 2003 (68 FR 57518, 57535).
    \7\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a state or tribe may have the authority under
state or tribal law to incorporate CAA section 111/129 requirements
into its Title V permits, and implement and enforce these requirements
in that context without first taking delegation of the CAA section 111/
129 Federal Plan.\8\ Some states or tribes, however, may not be able to
implement and enforce a CAA section 111/129 standard in a Title V
permit under state or tribal law until the CAA section 111/129 standard
has been delegated. In these situations, a state or tribe should not
issue a 40 CFR part 70 permit to a source subject to a Federal Plan
before taking delegation of the section 111/129 Federal Plan.
---------------------------------------------------------------------------

    \8\ The EPA interprets the phrase ``assure compliance'' in CAA
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation or
requirement which must be included in the Title V permits the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------

    However, if a state or tribe can provide an Attorney General's
(AG's) opinion delineating its authority to incorporate CAA section
111/129 requirements into its Title V permits, and then implement and
enforce these requirements through its Title V permits without first
taking delegation of the requirements, then a state or tribe does not
need to take delegation of the CAA section 111/129 requirements for
purposes of Title V permitting.\9\ In practical terms, without approval
of a state or tribal plan, delegation of a Federal Plan, or an adequate
AG's opinion, states and tribes with approved CFR 40 part 70 permitting
programs open themselves up to potential questions regarding their
authority to issue permits containing CAA section 111/129 requirements
and to assure compliance with these requirements. Such questions could
lead to the issuance of a notice of deficiency for a state's or tribe's
CFR 40 part 70 program. As a result, prior to a state or tribal
permitting authority drafting a part 70 permit for a source subject to
a CAA section 111/129 Federal Plan, the state or tribe, the EPA
Regional Office and source in question are advised to ensure that
delegation of the relevant Federal Plan has taken place or that the
permitting authority has provided to the EPA Regional Office an
adequate AG's opinion.
---------------------------------------------------------------------------

    \9\ It is important to note that an attorney general's opinion
submitted at the time of initial Title V program approval is
sufficient if it demonstrates that a state or tribe has adequate
authority to incorporate CAA section 111/129 requirements into its
Title V permits and to implement and enforce these requirements
through its Title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a Federal Plan, a CAA section 111/
129 source subject to the Federal Plan in that state must
simultaneously submit to both the EPA and the state or tribe all
reports required by the standard to be submitted to the EPA. Given that
these reports are necessary to implement and enforce the CAA section
111/129 requirements when they have been included in Title V permits,
the permitting authority needs to receive these reports at the same
time as the EPA.
    In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a Federal Plan, the EPA
Regional Offices will be responsible for implementing and enforcing
section CAA 111/129 requirements outside of any Title V permits.
Moreover, in this situation, the EPA Regional Offices will continue to
be responsible for developing progress reports and conducting any other
administrative functions required under this Federal Plan or any other
section CAA 111/129 Federal Plan. See, e.g., section V.B of this
preamble titled ``What are the proposed compliance schedules?''.
    It is important to note that the EPA is not using its authority
under 40 CFR part 70.4(i)(3) to request that all states

and tribes which do not take delegation of this Federal Plan submit
supplemental AG's opinions at this time. However, the EPA Regional
Offices shall request, and permitting authorities shall provide, such
opinions when the EPA questions a state's or tribe's authority to
incorporate CAA section 111/129 requirements into a Title V permit and
implement and enforce these requirements in that context without
delegation.

IX. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action simply proposes the SSI Federal Plan to implement
the EG adopted on March 21, 2011,\10\ for those states that do not have
a state plan implementing the emission guidelines.
---------------------------------------------------------------------------

    \10\ Section, 76 FR 15372, March 21, 2011.
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Emissions
guidelines for owners of existing sewage sludge incineration units were
established by the March 21, 2011, final rule and that rule was
certified as not having a significant economic impact on a substantial
number of small entities. This action merely establishes a Federal Plan
to implement and enforce those requirements in those states that do not
have their own EPA-approved state plan for implementing and enforcing
the requirements.

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

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

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

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

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

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

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

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Orders 12866.

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

    This action involves technical standards that are reasonably
available and already widely used by industries and regulated parties.
The EPA proposes to use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust
Gas Analyses,'' for its manual methods of measuring the oxygen or
carbon dioxide content of the exhaust gas. These parts of ASME PTC
19.10-1981 are acceptable alternatives to EPA Methods 6, 7 for the
manual procedures only. This standard is available from the ASME, Three
Park Avenue, New York, NY 10016-5990.
    Another voluntary consensus standards (VCS), ASTM D6784-02
(Reapproved 2008), ``Standard Test Method for Elemental, Oxidized,
Particle-Bound and Total Mercury Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro Method)'' is an acceptable
alternative to Method 29 and 30B. The EPA has also decided to use EPA
Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, l0B, 22, 23, 26A, 29 and 30B. No
VCS were found for EPA Method 9 and 22.
    While the EPA has identified 23 VCS as being potentially applicable
to the proposed rule, we have decided not to use these VCS in this
rulemaking. The use of these VCS would be impractical because they do
not meet the objectives of the standards cited in this proposed rule.
See the docket for the 2011 EG (Docket ID No. EPA-HQ-OAR-2009-0539),
which is being implemented under today's proposed action, for the
reason for these determinations.
    Under 40 CFR 62.16050, the EPA Administrator retains the authority
of approving alternate methods of demonstrating compliance as
established under 40 CFR 60.8(b) and 60.13(i), subpart A (NSPS General
Provisions). A source may apply to the EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any required EPA test methods, performance specifications or
procedures.
    The EPA solicits comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable VCS and to explain why such standards should be used in this
regulation.

J. Environmental Justice Considerations

    An analysis of demographic data was conducted for this rulemaking.
This analysis showed that the average of populations in close proximity
to the sources, and thus most likely to be effected by the sources,
were similar in demographic composition to national averages. The
results of the demographic analysis are presented in ``Review of
Environmental Justice Impacts,'' June 2010, a copy of which is
available in the SSI docket (EPA-HQ-OAR-2009-0559).

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This proposed action implements national
standards in the 2011 EG that would result in reduction in emissions of
many of the listed HAP emitted from this source. This includes
emissions of Cd, HCl, Pb, and Hg. Other emissions reductions include
reductions of criteria pollutants such as CO, NOX,

PM and PM2.5 and SO2. Sulfur dioxide and
NOX are precursors for the formation of PM2.5 and
NOX is a precursor for ozone. Reducing these emissions will
decrease the amount of such pollutants to which all affected
populations are exposed.

List of Subjects in 40 CFR Part 62

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

    Dated: April 7, 2015.
Gina McCarthy,
Administrator.

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

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

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

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

0
2. Part 62 is amended by adding subpart LLL to read as follows:

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

Table of Contents

Sec.

Applicability

62.15855 Am I subject to this subpart?
62.15860 What SSI units are exempt from the Federal Plan?
62.15865 How do I determine if my SSI is covered by an approved and
effective State or Tribal plan?
62.15870 If my SSI is not listed on the Federal Plan inventory, am I
exempt from this subpart?

Compliance Schedules

62.15875 What is my final compliance date?
62.15880 When must I complete each increment of progress?
62.15885 What must I include in the notifications of achievement of
increments of progress?
62.15890 When must I submit the notifications of achievement of
increments of progress?
62.15895 What if I do not meet an increment of progress?
62.15900 How do I comply with the increment of progress for
submittal of a control plan?
62.15905 How do I comply with the increment of progress for
achieving final compliance?
62.15910 What must I do if I close my SSI unit and then restart it?
62.15915 What must I do if I plan to permanently close my SSI unit
and not restart it?

Operator Training and Qualification

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

Emission Limits, Emission Standards and Operating Limits and
Requirements

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

Initial Compliance Requirements

62.15980 How and when do I demonstrate initial compliance with the
emission limits and standards?
62.15985 How do I establish my operating limits?
62.15990 By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?
62.15995 How do I develop a site-specific monitoring plan for my
continuous monitoring, bag leak detection, and ash handling systems,
and by what date must I conduct an initial performance evaluation?

Continuous Compliance Requirements

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

Performance Testing, Monitoring, and Calibration Requirements

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

Recordkeeping and Reporting

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

Title V Operating Permits

62.16035 Am I required to apply for and obtain a Title V operating
permit for my existing SSI unit?
62.16040 When must I submit a title V permit application for my
existing SSI unit?

Definitions

62.16045 What definitions must I know?

Delegation of Authority

62.16050 What authorities will be retained by the EPA Administrator?

Applicability

Sec.  62.15855 Am I subject to this subpart?
    (a) You are subject to this subpart if your SSI unit meets all
three criteria described in paragraphs (a)(1) through (3) of this
section.
    (1) You own or operate an SSI unit(s) that commenced construction
on or before October 14, 2010.
    (2) You own or operate an SSI unit(s) that meet the definition of
an SSI unit as defined in Sec.  62.16045.
    (3) You own or operate an SSI unit(s) not exempt under Sec.
62.15860.
    (b) If you own or operator an SSI unit(s) and make changes that
meet the definition of modification after September 21, 2011, the SSI
unit becomes subject to 40 CFR part 60 subpart LLLL and the Federal
Plan no longer applies to that unit.
    (c) If you own or operate an SSI unit(s) and make physical or
operational changes to the SSI unit(s) for which construction commenced
on or before September 21, 2011 primarily to comply with the Federal
Plan, 40 CFR part 60, subpart LLLL does not apply to the unit(s). Such
changes do not qualify as modifications under 40 CFR part 60, subpart
LLLL.

Sec.  62.15860  What SSI units are exempt from the Federal Plan?

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

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

    This part (40 CFR part 62) contains a list of all states and tribal
areas with

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

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

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

Compliance Schedules

Sec.  62.15875  What is my final compliance date?

    You must achieve final compliance specified by the dates in
paragraphs (a) or (b) of this section:
    (a) [DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register].
    (b) If you plan to achieve compliance more than 1 year following
[DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register], you must meet the two increments of progress specified in
paragraphs (b)(1) and (2) of this section:
    (1) Submit a final control plan; and
    (2) Achieve final compliance.

Sec.  62.15880  When must I complete each increment of progress?

    Table 1 to this subpart specifies compliance dates for each
increment of progress.

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

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

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

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

Sec.  62.15895  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a
notification to the Administrator postmarked within 10 business days
after the date for that increment of progress in Table 1 to this
subpart. You must inform the Administrator that you did not meet the
increment, and you must continue to submit reports each subsequent
calendar month until the increment of progress is met.

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

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

Sec.  62.15905  How do I comply with the increment of progress for
achieving final compliance?

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

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

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

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

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

Operator Training and Qualification

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

    (a) AN SSI unit cannot be operated unless a fully trained and
qualified SSI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified SSI
unit operator may operate the SSI unit directly or be the direct
supervisor of

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

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

    The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section:
    (a) The final compliance date (Increment 2);
    (b) Six months after your SSI unit startup; and
    (c) Six months after an employee assumes responsibility for
operating the SSI unit or assumes responsibility for supervising the
operation of the SSI unit.

Sec.  62.15930  How do I obtain my operator qualification?

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

Sec.  62.15935  How do I maintain my operator qualification?

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

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

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

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

    If a qualified operator is not at the facility and cannot be at the
facility within 1 hour, you must meet the criteria specified in either
paragraph (a) or (b) of this section, depending on the length of time
that a qualified operator is not accessible:
    (a) When a qualified operator is not accessible for more than 8
hours, the SSI unit may be operated for less than 2 weeks by other
plant personnel who are familiar with the operation of the SSI unit and
who have completed a review of the information specified in Sec.
62.15950 within the past 12 months. However, you must record the period
when a qualified operator was not accessible and include this deviation
in the annual report as specified under Sec.  62.16030(c).
    (b) When a qualified operator is not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section:
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible; and
    (2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible and requesting approval from the Administrator to
continue operation of the SSI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section:
    (i) If the Administrator notifies you that your request to continue
operation of the SSI unit is disapproved, the SSI unit may continue
operation for 30 days and then must cease operation; and
    (ii) Operation of the unit may resume if a qualified operator is
accessible as required under Sec.  62.15920(a). You must notify the
Administrator within 5 days of having resumed operations and of having
a qualified operator accessible.

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

    (a) You must maintain at the facility the documentation of the
operator training procedures specified under Sec.  62.15920(c)(1) and
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information
listed in Sec.  62.15920(c)(1) with each qualified incinerator operator
and other plant personnel who may operate the unit according to the
provisions of Sec.  62.15945(a), according to the following schedule:
    (1) The initial review of the information listed in Sec.
62.15920(c)(1) must be conducted within 6 months after the effective
date of this subpart or prior to an employee's assumption of
responsibilities for operation of the SSI unit, whichever date is
later; and
    (2) Subsequent annual reviews of the information listed in Sec.
62.15920(c)(1) must be conducted no later than 12 months following the
previous review.

Emission Limits, Emission Standards, and Operating Limits and
Requirements

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

    You must meet the emission limits and standards specified in Table
2 or 3 to this subpart by the final compliance date specified in Sec.
62.15880. The emission limits and standards apply at all times the unit
is operating and during periods of malfunction. The emission limits and
standards apply to emissions from a bypass stack or vent while sewage
sludge is in the combustion chamber (i.e., until the sewage sludge feed
to the combustor has been cut off for a period of time not less than
the sewage sludge incineration residence time).

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

    You must meet, as applicable, the operating limits and requirements
specified in paragraphs (a) through (d) and (h) of this section,
according to the schedule specified in paragraph (e) of this section.
The operating parameters for which you will establish operating limits
for a wet scrubber, fabric filter, electrostatic precipitator or
activated carbon injection are listed in Table 4 to this subpart. You
must comply with the operating requirements in paragraph (f) of this
section and the requirements in paragraph (g) of this section for
meeting any new operating limits, re-established in Sec.  62.16005. The
operating limits apply at all times that sewage sludge is in the
combustion chamber (i.e., until the sewage sludge feed to the combustor
has been cut off for a period of time not less than the sewage sludge
incineration residence time):
    (a) You must meet a site-specific operating limit for minimum
operating temperature of the combustion chamber (or afterburner
combustion chamber) that you establish in Sec.  62.15985;
    (b) If you use a wet scrubber, electrostatic precipitator,
activated carbon injection or afterburner to comply with an emission
limit, you must meet the site-specific operating limits that you
establish in Sec.  62.15985 for each operating parameter associated
with each air pollution control device;
    (c) If you use a fabric filter to comply with the emission limits,
you must install the bag leak detection system specified in Sec. Sec.
62.15995(b) and 62.16020(b)(3)(i) and operate the bag leak detection
system such that the alarm does not sound more than 5 percent of the
operating time during a 6-month period. You must calculate the alarm
time as specified in Sec.  62.16005(a)(2)(i);
    (d) You must meet the operating requirements in your site-specific
fugitive emission monitoring plan, submitted as specified in Sec.
62.15995(d) to ensure that your ash handling system will meet the
emission standard for fugitive emissions from ash handling;
    (e) You must meet the operating limits and requirements specified
in paragraphs (a) through (d) of this section by the final compliance
date specified in Sec.  62.15880;
    (f) You must monitor the feed rate and moisture content of the
sewage sludge fed to the sewage sludge incinerator, as specified in
paragraphs (f)(1) and (2) of this section:
    (1) Continuously monitor the sewage sludge feed rate and calculate
a daily average for all hours of operation during each 24-hour period.
Keep a record of the daily average feed rate, as specified in Sec.
62.16025(f)(3)(ii); and
    (2) Take at least one grab sample per day of the sewage sludge fed
to the sewage sludge incinerator. If you take more than one grab sample
in a day, calculate the daily average for the grab samples. Keep a
record of the daily average moisture content, as specified in Sec.
62.16025(f)(3)(ii).
    (g) For the operating limits and requirements specified in
paragraphs (a) through (d) and (h) of this section, you must meet any
new operating limits and requirements, re-established according to
Sec.  62.16005(d)); and
    (h) If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator or activated carbon
injection to comply with the emission limits in Table 2 or 3 to this
subpart, you must meet any site-specific operating limits or
requirements that you establish as required in Sec.  62.15965.

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

    If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator, activated carbon
injection, or afterburner, or limit emissions in some other manner
(e.g., materials balance) to comply with the emission limits in Sec.
62.15955, you must meet the requirements in paragraphs (a) and (b) of
this section:
    (a) Meet the applicable operating limits and requirements in Sec.
60.4850, and establish applicable operating limits according to Sec.
62.15985; and
    (b) Petition the Administrator for specific operating parameters,
operating limits, and averaging periods to be established during the
initial performance test and to be monitored continuously thereafter.
    (1) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. You must not conduct the
initial performance test until after the petition has been approved by
the Administrator, and you must comply with the operating limits as
written, pending approval by the Administrator. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart;
    (2) Your petition must include the five items listed in paragraphs
(b)(2)(i) through(v) of this section:
    (i) Identification of the specific parameters you propose to
monitor;
    (ii) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants;
    (iii) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters, including a discussion of the averaging periods
associated with those parameters for determining compliance;
    (iv) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments; and
    (v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

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

    The emission limits and standards apply at all times and during
periods of malfunction. The operating limits apply at all times that
sewage sludge is in the combustion chamber (i.e., until the sewage
sludge feed to the combustor has been cut off for a period of time not
less than the sewage sludge incineration residence time). For
determining compliance with the CO concentration limit using CO CEMS,
the correction to 7 percent oxygen does not apply during

periods of startup or shutdown. Use the measured CO concentration
without correcting for oxygen concentration in averaging with other CO
concentrations (corrected to 7 percent O2) to determine the
24-hour average value.

Sec.  62.15975  [Reserved]

Initial Compliance Requirements

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

    To demonstrate initial compliance with the emission limits and
standards in Table 2 or 3 to this subpart, use the procedures specified
in paragraph (a) of this section. In lieu of using the procedures
specified in paragraph (a) of this section, you have the option to
demonstrate initial compliance using the procedures specified in
paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead and fugitive emissions from ash handling. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
62.16015(a) and (b).
    (a) Demonstrate initial compliance using the performance test
required in Sec.  60.8. You must demonstrate that your SSI unit meets
the emission limits and standards specified in Table 2 or 3 to this
subpart for particulate matter, hydrogen chloride, carbon monoxide,
dioxins/furans (total mass basis or toxic equivalency basis), mercury,
nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive emissions
from ash handling using the performance test. The initial performance
test must be conducted using the test methods, averaging methods, and
minimum sampling volumes or durations specified in Table 2 or 3 to this
subpart and according to the testing, monitoring, and calibration
requirements specified in Sec.  62.16015(a).
    (1) Except as provided in paragraph (e) of this section, you must
demonstrate that your SSI unit meets the emission limits and standards
specified in Table 2 or 3 to this subpart by the final compliance date
(see Table 1 to this subpart).
    (2) You may use the results from a performance test conducted
within the 2 previous years that was conducted under the same
conditions and demonstrated compliance with the emission limits and
standards in Table 2 or 3 to this subpart, provided no process changes
have been made since you conducted that performance test. However, you
must continue to meet the operating limits established during the most
recent performance test that demonstrated compliance with the emission
limits and standards in Table 2 or 3 to this subpart. The performance
test must have used the test methods specified in Table 2 or 3 to this