representative measurement of the total sorbent injection rate; and
    (2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system
to comply with the requirements of this subpart, you must install,
calibrate, maintain, and continuously operate a bag leak detection
system as specified in paragraphs (l) and (r)(1) through (5) of this
section:
    (1) Install a bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent, or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter;
    (2) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
    (3) Conduct a performance evaluation of the bag leak detection
system in accordance with your monitoring plan and consistent with the
guidance provided in EPA-454/R-98-015 (incorporated by reference, see
Sec.  60.17);
    (4) Use a bag leak detection system equipped with a device to
continuously record the output signal from the sensor; and
    (5) Use a bag leak detection system equipped with a system that
will sound an alarm when an increase in relative particulate matter
emissions over a preset level is detected. The alarm must be located
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate initial and
continuous compliance with the sulfur dioxide emission limit,
compliance with the sulfur dioxide emission limit may be demonstrated
by using the CEMS specified in Sec.  60.2165(l) to measure sulfur
dioxide. The sulfur dioxide CEMS must follow the procedures and methods
specified in paragraph (s) of this section. For sources that have
actual inlet emissions less than 100 parts per million dry volume, the
relative accuracy criterion for inlet sulfur dioxide CEMS should be no
greater than 20 percent of the mean value of the reference method test
data in terms of the units of the emission standard, or 5 parts per
million dry volume absolute value of the mean difference between the
reference method and the CEMS, whichever is greater:
    (1) During each relative accuracy test run of the CEMS required by
performance specification 2 in appendix B of this part, collect sulfur
dioxide and oxygen (or carbon dioxide) data concurrently (or within a
30- to 60-minute period) with both the CEMS and the test methods
specified in paragraphs (s)(1)(i) and (ii) of this section:
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec.  60.17) must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B,
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by
reference, see Sec.  60.17), must be used.

    (2) The span value of the CEMS at the inlet to the sulfur dioxide
control device must be 125 percent of the maximum estimated hourly
potential sulfur dioxide emissions of the unit subject to this subpart.
The span value of the CEMS at the outlet of the sulfur dioxide control
device must be 50 percent of the maximum estimated hourly potential
sulfur dioxide emissions of the unit subject to this subpart.
    (3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate initial and
continuous compliance with the nitrogen oxides emission limit,
compliance with the nitrogen oxides emission limit may be demonstrated
by using the CEMS specified in Sec.  60.2165 to measure nitrogen
oxides. The nitrogen oxides CEMS must follow the procedures and methods
specified in paragraphs (t)(1) through (4) of this section:
    (1) During each relative accuracy test run of the CEMS required by
performance specification 2 of appendix B of this part, collect
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or
within a 30- to 60-minute period) with both the CEMS and the test
methods specified in paragraphs (t)(1)(i) and (ii) of this section:
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR
part 60, appendix A-4 must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec.  60.17), as applicable,
must be used.
    (2) The span value of the continuous emission monitoring system
must be 125 percent of the maximum estimated hourly potential nitrogen
oxide emissions of the unit.
    (3) Conduct accuracy determinations quarterly and calibration drift
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that
compliance with the nitrogen oxides emission limit be determined using
carbon dioxide measurements corrected to an equivalent of 7 percent
oxygen. If carbon dioxide is selected for use in diluent corrections,
the relationship between oxygen and carbon dioxide levels must be
established during the initial performance test according to the
procedures and methods specified in paragraphs (t)(4)(i) through (iv)
of this section. This relationship may be re-established during
performance compliance tests:
    (i) The fuel factor equation in Method 3B must be used to determine
the relationship between oxygen and carbon dioxide at a sampling
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-
1981 (incorporated by reference, see Sec.  60.17), as applicable, must
be used to determine the oxygen concentration at the same location as
the carbon dioxide monitor;
    (ii) Samples must be taken for at least 30 minutes in each hour;
    (iii) Each sample must represent a 1-hour average; and
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a CEMS or an integrated sorbent trap
monitoring system for mercury to demonstrate initial and
continuouscompliance with any of the emission limits of this subpart,
you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s)
using a 30-day rolling average of 1-hour arithmetic average emission
concentrations, including CEMS or integrated sorbent trap monitoring
systems data during startup and shutdown as defined in this subpart,
calculated using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 at appendix A-7 of this part. The 1-hour arithmetic averages
for CEMS must be calculated using the data points required under Sec.
60.13(e)(2). Except for CEMS or integrated sorbent trap monitoring
systems data during startup and shutdown, the 1-hour arithmetic
averages used to calculate the 30-day rolling average emission
concentrations must be corrected to 7 percent oxygen (dry basis).
Integrated sorbent trap monitoring systems or CEMS data during startup
and shutdown, as defined in the subpart, are not corrected to 7 percent
oxygen, and are measured at stack oxygen content; and
    (2) Operate all CEMS and integrated sorbent trap monitoring systems
in accordance with the applicable procedures under appendices B and F
of this part.
    (v) Use of the bypass stack at any time is an emissions standards
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX,
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain a oxygen analyzer system as
defined in Sec.  60.2265 according to the procedures in paragraphs
(w)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec.  60.2140;
    (2) You must operate the oxygen trim system within compliance with
paragraph (w)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen is not
below the lowest hourly average oxygen concentration measured during
the most recent CO performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (x)(1) through (8) of
this section. For other energy recovery units, you may elect to use PM
CPMS operated in accordance with this section. PM CPMS are suitable in
lieu of using other CMS for monitoring PM compliance (e.g., bag leak
detectors, ESP secondary power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS
according to the procedures in your approved site-specific monitoring
plan developed in accordance with paragraphs (l) and (x)(1)(i) through
(iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta
attenuation, or mass accumulation detection of the exhaust gas or
representative sample. The reportable measurement output from the PM
CPMS must be expressed as milliamps or the digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy
recovery unit

or waste-burning kiln operating hours. Express the PM CPMS output as
milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps or their digital
equivalent).
    (5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (x)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
    (ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit.
Within 45 days of the deviation, you must re-establish the CPMS
operating limit. You are not required to conduct additional testing for
any deviations that occur between the time of the original deviation
and the PM emissions compliance test required under paragraph (x) of
this section; and
    (iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
    (y) When there is an alkali bypass and/or an in-line coal mill that
exhaust emissions through a separate stack(s), the combined emissions
are subject to the emission limits applicable to waste-burning kilns.
To determine the kiln-specific emission limit for demonstrating
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 8:
    [GRAPHIC] [TIFF OMITTED] TP15JN18.006

Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm,
depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm,
ng/dscm, depending on pollutant. Each corrected to 7%
O2.)
Qks = Kiln stack flow rate (volume/hr)

    (2) Particulate matter concentration must be measured downstream of
the in-line coal mill. All other pollutant concentrations must be
measured either upstream or downstream of the in-line coal mill; and
    (3) For purposes of determining the combined emissions from kilns
equipped with an alkali bypass or that exhaust kiln gases to a coal
mill that exhausts through a separate stack, instead of installing a
CEMS or PM CPMS on the alkali bypass stack or in-line coal mill stack,
the results of the initial and subsequent performance test can be used
to demonstrate compliance with the relevant emissions limit. A
performance test must be conducted on an annual basis (between 11 and
13 calendar months following the previous performance test).

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

    You must conduct annual performance tests between 11 and 13 months
of the previous performance test.

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

    On an annual basis (no more than 12 months following the previous
annual air pollution control device inspection), you must complete the
air pollution control device inspection as described in Sec.  60.2141.

Sec.  60.2155  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the
schedule specified in Sec.  60.2150, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to
establish new values for the operating limits, as specified in Sec.
60.2160. New operating limits become effective on the date that the
performance test report is submitted to the EPA's Central Data Exchange
or postmarked, per the requirements of Sec.  60.2235(b). The
Administrator may request a repeat performance test at any time;
    (2) You must repeat the performance test within 60 days of a
process change, as defined in Sec.  60.2265;
    (3) You can conduct performance tests less often if you meet the
following conditions: Your performance tests for the pollutant for at
least 2 consecutive years demonstrates that the emission level for the
pollutant is no greater than

the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) of
this section, as applicable; there are no changes in the operation of
the affected source or air pollution control equipment that could
increase emissions; and you are not required to conduct a performance
test for the pollutant in response to a request by the Administrator in
paragraph (a)(1) of this section or a process change in paragraph
(a)(2) of this section. In this case, you do not have to conduct a
performance test for that pollutant for the next 2 years. You must
conduct a performance test for the pollutant during the third year and
no more than 37 months following the previous performance test for the
pollutant. If the emission level for your CISWI continues to meet the
emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) of this
section, as applicable, you may choose to conduct performance tests for
the pollutant every third year, as long as there are no changes in the
operation of the affected source or air pollution control equipment
that could increase emissions. Each such performance test must be
conducted no more than 37 months after the previous performance test.
    (i) For particulate matter, hydrogen chloride, mercury, nitrogen
oxides, sulfur dioxide, cadmium, lead and dioxins/furans, the emission
level equal to 75 percent of the applicable emission limit in table 1
or tables 5 through 8 of this subpart, as applicable; and
    (ii) For fugitive emissions, visible emissions (of combustion ash
from the ash conveying system) for 2 percent of the time during each of
the three 1-hour observations periods.
    (4) If you are conducting less frequent testing for a pollutant as
provided in paragraph (a)(3) of this section and a subsequent
performance test for the pollutant indicates that your CISWI does not
meet the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii)
of this section, as applicable, you must conduct annual performance
tests for the pollutant according to the schedule specified in
paragraph (a) of this section until you qualify for less frequent
testing for the pollutant as specified in paragraph (a)(3) of this
section.
    (b) [Reserved]

Sec.  60.2160  May I conduct a repeat performance test to establish new
operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to
establish new values for the operating limits. The Administrator may
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is
different than the feed streams used during any performance test used
to demonstrate compliance.

Monitoring

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

    (a) If you are using a wet scrubber to comply with the emission
limitation under Sec.  60.2105, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in table 2 of this subpart at all times except as specified in Sec.
60.2170(a).
    (b) If you use a fabric filter to comply with the requirements of
this subpart and you do not use a PM CPMS or PM CEMS for monitoring PM
compliance, you must install, calibrate, maintain, and continuously
operate a bag leak detection system as specified in paragraphs (b)(1)
through (8) of this section:
    (1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter;
    (2) Each bag leak detection system must be installed, operated,
calibrated, and maintained in a manner consistent with the
manufacturer's written specifications and recommendations;
    (3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
    (4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings;
    (5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor;
    (6) The bag leak detection system must be equipped with an alarm
system that will alert automatically an operator when an increase in
relative particulate matter emissions over a preset level is detected.
The alarm must be located where it is observed easily by plant
operating personnel;
    (7) For positive pressure fabric filter systems, a bag leak
detection system must be installed in each baghouse compartment or
cell. For negative pressure or induced air fabric filters, the bag leak
detector must be installed downstream of the fabric filter; and
    (8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber, activated
carbon, selective non-catalytic reduction, an electrostatic
precipitator, or a dry scrubber to comply with the emission limitations
under Sec.  60.2105, you must install, calibrate (to the manufacturers'
specifications), maintain, and operate the equipment necessary to
monitor compliance with the site-specific operating limits established
using the procedures in Sec.  60.2115.
    (d) If you use activated carbon injection to comply with the
emission limitations in this subpart, you must measure the minimum
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.2125, whichever
date comes first, ensure that the affected facility does not operate
above the maximum charge rate, or below the minimum secondary chamber
temperature (if applicable to your CISWI) or the minimum reagent flow
rate measured as 3-hour block averages at all times; and
    (2) Operation of the affected facility above the maximum charge
rate, below the minimum secondary chamber temperature and below the
minimum reagent flow rate simultaneously constitute a violation of the
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the
emission limits of this subpart and you do not use a PM CPMS for
monitoring PM compliance, you must monitor the secondary power to the
electrostatic precipitator collection plates and maintain the 3-hour
block averages at or above the operating limits established during the
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry
scrubber, you must install, calibrate, maintain, and operate a CEMS for
monitoring hydrogen chloride emissions discharged to the atmosphere, as
specified in Sec.  60.2145(j), and record the output of the system. You
may substitute use of a HCl CEMS for conducting the HCl initial and
annual testing with EPA Method 321 at 40 CFR part 63, appendix A. For
units other than waste-burning kilns not equipped

with a wet scrubber or dry scrubber, a facility may substitute use of a
hydrogen chloride CEMS for conducting the hydrogen chloride initial and
annual performance test, monitoring the minimum hydrogen chloride
sorbent flow rate, monitoring the minimum scrubber liquor pH, and
monitoring minimum injection rate.
    (h) To demonstrate compliance with the particulate matter emissions
limit, a facility may substitute use of a particulate matter CEMS for
conducting the PM initial and annual performance test and using other
CMS for monitoring PM compliance (e.g., bag leak detectors, ESP
secondary power, PM scrubber pressure).
    (i) To demonstrate initial and continuous compliance with the
dioxin/furan emissions limit, a facility may substitute use of a
continuous automated sampling system for the dioxin/furan initial and
annual performance tests. You must record the output of the system and
analyze the sample according to EPA Method 23 at 40 CFR part 60,
Appendix A-7 of this part. This option to use a continuous automated
sampling system takes effect on the date a final performance
specification applicable to dioxin/furan from continuous monitors is
published in the Federal Register. The owner or operator who elects to
continuously sample dioxin/furan emissions instead of sampling and
testing using EPA Method 23 at 40 CFR part 60, appendix A-7 must
install, calibrate, maintain, and operate a continuous automated
sampling system and must comply with the requirements specified in
Sec.  60.58b(p) and (q). A facility may substitute continuous dioxin/
furan monitoring for the minimum sorbent flow rate, if activated carbon
sorbent injection is used solely for compliance with the dioxin/furan
emission limit.
    (j) To demonstrate initial and continuous compliance with the
mercury emissions limit, a facility may substitute use of a mercury
CEMS or an integrated sorbent trap monitoring system for the mercury
initial and annual performance test. The owner or operator who elects
to continuously measure mercury emissions instead of sampling and
testing using EPA Reference Method 29 or 30B at 40 CFR part 60,
appendix A-8, ASTM D6784-02 (Reapproved 2008) (incorporated by
reference, see Sec.  60.17), or an approved alternative method for
measuring mercury emissions, must install, calibrate, maintain, and
operate the mercury CEMS or integrated sorbent trap monitoring system
and must comply with performance specification 12A or performance
specification 12B, respectively, and quality assurance procedure 5. For
the purposes of emissions calculations when using an integrated sorbent
trap monitoring system, the mercury concentration determined for each
sampling period must be assigned to each hour during the sampling
period. A facility may substitute continuous mercury monitoring for
monitoring the minimum sorbent flow rate, if activated carbon sorbent
injection is used solely for compliance with the mercury emission
limit. Waste-burning kilns must install, calibrate, maintain, and
operate a mercury CEMS or an integrated sorbent trap monitoring system
as specified in Sec.  60.2145(j).
    (k) To demonstrate initial and continuous compliance with the
nitrogen oxides emissions limit, a facility may substitute use of a
CEMS for the nitrogen oxides initial and annual performance test to
demonstrate compliance with the nitrogen oxides emissions limits and
monitoring the charge rate, secondary chamber temperature, and reagent
flow for selective noncatalytic reduction, if applicable:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring
nitrogen oxides emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance procedure 1 of
appendix F of this part and the procedures under Sec.  60.13 must be
followed for installation, evaluation, and operation of the CEMS; and
    (2) Compliance with the emission limit for nitrogen oxides must be
determined based on the 30-day rolling average of the hourly emission
concentrations using CEMS outlet data, as outlined in Sec.  60.2145(u).
    (l) To demonstrate initial and continuous compliance with the
sulfur dioxide emissions limit, a facility may substitute use of a CEMS
for the sulfur dioxide initial and annual performance test to
demonstrate compliance with the sulfur dioxide emissions limits:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring
sulfur dioxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
2 of appendix B of this part, the quality assurance requirements of
procedure one of appendix F of this part and procedures under Sec.
60.13 must be followed for installation, evaluation, and operation of
the CEMS; and
    (2) Compliance with the sulfur dioxide emission limit shall be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using CEMS outlet data, as outlined in
Sec.  60.2145(u).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250
MMBtu/hr annual average heat input rates that do not use a wet
scrubber, fabric filter with bag leak detection system, an
electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS you must install, operate, certify, and maintain a
continuous opacity monitoring system according to the procedures in
paragraphs (m)(1) through (5) of this section by the compliance date
specified in Sec.  60.2105. Energy recovery units that use a CEMS to
demonstrate initial and continuing compliance according to the
procedures in Sec.  60.2165(n) are not required to install a continuous
opacity monitoring system and must perform the annual performance tests
for the opacity consistent with Sec.  60.2145(f):
    (1) Install, operate, and maintain each continuous opacity
monitoring system according to performance specification 1 of 40 CFR
part 60, appendix B;
    (2) Conduct a performance evaluation of each continuous opacity
monitoring system according to the requirements in Sec.  60.13 and
according to PS-1 of 40 CFR part 60, appendix B;
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity
monitoring system must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period;
    (4) Reduce the continuous opacity monitoring system data as
specified in Sec.  60.13(h)(1); and
    (5) Determine and record all the 6-minute averages (and 1-hour
block averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators,
and small remote incinerators, an owner or operator may elect to
install, calibrate, maintain, and operate a CEMS for monitoring
particulate matter emissions discharged to the atmosphere and record
the output of the system. The owner or operator of an affected facility
who continuously monitors particulate matter emissions instead of
conducting performance testing using EPA Method 5 at 40 CFR part 60,
appendix A-3 or monitoring with a particulate matter CPMS according to
paragraph (r) of this section, must install, calibrate, maintain, and
operate a PM CEMS and must comply with the requirements specified in
paragraphs (n)(1) through (10) of this section:
    (1) The PM CEMS must be installed, evaluated, and operated in
accordance with the requirements of performance

specification 11 of appendix B of this part and quality assurance
requirements of procedure 2 of appendix F of this part and Sec.  60.13.
Use Method 5 or Method 5I of Appendix A of this part for the PM CEMS
correlation testing;
    (2) The initial performance evaluation must be completed no later
than 180 days after the date of initial startup of the affected
facility, as specified under Sec.  60.2125 or within 180 days of
notification to the Administrator of use of the continuous monitoring
system if the owner or operator was previously determining compliance
by Method 5 performance tests, whichever is later;
    (3) The owner or operator of an affected facility may request that
compliance with the particulate matter emission limit be determined
using carbon dioxide measurements corrected to an equivalent of 7
percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility must be established according to the
procedures and methods specified in Sec.  60.2145(t)(4)(i) through
(iv);
    (4) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions. If PM CEMS
are elected for demonstrating compliance, and the initial performance
test has not yet been conducted, then initial compliance must be
determined by using the CEMS specified in paragraph (n) of this section
to measure particulate matter. You must calculate a 30-day rolling
average of 1-hour arithmetic average emission concentrations, including
CEMS data during startup and shutdown, as defined in this subpart,
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40
CFR part 60, appendix A-7;
    (5) Continuous compliance with the particulate matter emission
limit must be determined based on the 30-day rolling average calculated
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40
CFR part 60, appendix A-7 from the 1-hour arithmetic average CEMS
outlet data;
    (6) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified in Sec.  60.2170(e);
    (7) The 1-hour arithmetic averages required under paragraph (n)(5)
of this section must be expressed in milligrams per dry standard cubic
meter corrected to 7 percent oxygen (dry basis) and must be used to
calculate the 30-day rolling average emission concentrations. CEMS data
during startup and shutdown, as defined in this subpart, are not
corrected to 7 percent oxygen, and are measured at stack oxygen
content. The 1-hour arithmetic averages must be calculated using the
data points required under Sec.  60.13(e)(2);
    (8) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum CEMS data requirements of
paragraph (n)(6) of this section are not met.
    (9) The CEMS must be operated according to performance
specification 11 in appendix B of this part; and,
    (10) Quarterly and yearly accuracy audits and daily drift, system
optics, and sample volume checks must be performed in accordance with
procedure 2 in appendix F of this part.
    (o) To demonstrate initial and continuous compliance with the
carbon monoxide emissions limit, you may substitute use of a CEMS for
the carbon monoxide initial and annual performance test:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring
carbon monoxide emissions discharged to the atmosphere and record the
output of the system. The requirements under performance specification
4A or 4B of appendix B of this part, the quality assurance procedure 1
of appendix F of this part and the procedures under Sec.  60.13 must be
followed for installation, evaluation, and operation of the CEMS; and
    (2) Compliance with the carbon monoxide emission limit shall be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations, including CEMS data during startup and
shutdown as defined in this subpart, using CEMS outlet data, as
outlined in Sec.  60.2145(u).
    (p) The owner/operator of an affected source with a bypass stack
shall install, calibrate (to manufacturers' specifications), maintain,
and operate a device or method for measuring the use of the bypass
stack including date, time and duration.
    (q) For energy recovery units with a design heat input capacity of
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS,
you must install, operate, and maintain a oxygen analyzer system as
defined in Sec.  60.2265 according to the procedures in paragraphs
(q)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial
performance test date specified in Sec.  60.2140;
    (2) You must operate the oxygen trim system within compliance with
paragraph (q)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling
average that is established as the operating limit for oxygen according
to paragraph (q)(4) of this section is not below the lowest hourly
average oxygen concentration measured during the most recent CO
performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen
concentration using equation 19-19 in section 12.4.1 of EPA Reference
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with annual average heat input rates
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you
must install, calibrate, maintain, and operate a PM CPMS and record the
output of the system as specified in paragraphs (r)(1) through (8) of
this section. If you elect to use a particulate matter CEMS as
specified in paragraph (n) of this section, you are not required to use
a PM CPMS to monitor particulate matter emissions. For other energy
recovery units, you may elect to use PM CPMS operated in accordance
with this section. PM CPMS are suitable in lieu of using other CMS for
monitoring PM compliance (e.g., bag leak detectors, ESP secondary
power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS
according to the procedures in your approved site-specific monitoring
plan developed in accordance with Sec.  60.2145(l) and paragraphs
(r)(1)(i) through (iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta
attenuation, or mass accumulation detection of PM in the exhaust gas or
representative sample. The reportable measurement output from the PM
CPMS must be expressed as milliamps or a digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to
particulate matter concentration increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, you
must adjust the site-specific operating limit in accordance with the
results of the performance test according to the procedures specified
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy
recovery unit or waste-burning kiln operating hours. Express the PM
CPMS output as milliamps or the digital signal equivalent.

    (4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output collected during all energy recovery unit
or waste-burning kiln operating hours data (milliamps or digital bits).
    (5) You must collect data using the PM CPMS at all times the energy
recovery unit or waste-burning kiln is operating and at the intervals
specified in paragraph (r)(1)(ii) of this section, except for periods
of monitoring system malfunctions, repairs associated with monitoring
system malfunctions, required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments), and any scheduled
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery
unit or waste-burning kiln operating hours in assessing the compliance
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or quality control activities
conducted during monitoring system malfunctions are not used in
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods are not used
in calculations (report emissions or operating levels and report any
such periods in your annual deviation report); and
    (iii) Any PM CPMS data recorded during periods of CEMS data during
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM
CPMS system performance audits, as well as the dates and duration of
periods from when the PM CPMS is out of control until completion of the
corrective actions necessary to return the PM CPMS to operation
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air
pollution control device;
    (ii) If inspection of the air pollution control device identifies
the cause of the deviation, take corrective action as soon as possible
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify the operation of the emissions control device(s). Within 45
days of the deviation, you must re-establish the CPMS operating limit.
You are not required to conduct additional testing for any deviations
that occur between the time of the original deviation and the PM
emissions compliance test required under this paragraph; and
    (iv) PM CPMS deviations leading to more than four required
performance tests in a 12-month process operating period (rolling
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of
this subpart, you must monitor the injection rate of each sorbent and
maintain the 3-hour block averages at or above the operating limits
established during the hydrogen chloride performance test.
    (t) If you are required to monitor clinker production because you
comply with the production-rate based mercury limit for your waste-
burning kiln, you must:
    (1) Determine hourly clinker production by one of two methods:
    (i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of clinker produced. The system of measuring hourly
clinker production must be maintained within 5 percent
accuracy, or
    (ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate your hourly
clinker production rate using a kiln-specific feed to clinker ratio
based on reconciled clinker production determined for accounting
purposes and recorded feed rates. Update this ratio monthly. Note that
if this ratio changes at clinker reconciliation, you must use the new
ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
    (2) Determine the accuracy of the system of measuring hourly
clinker production (or feed mass flow if applicable) before the
effective date and during each quarter of source operation.
    (3) Conduct accuracy checks in accordance with the procedures
outlined in your site-specific monitoring plan under Sec.  60.2145(l).

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

    For each continuous monitoring system required or optionally
allowed under Sec.  60.2165, you must collect data according to this
section:
    (a) You must operate the monitoring system and collect data at all
required intervals at all times compliance is required except for
periods of monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in 60.2210(o)), and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments).
A monitoring system malfunction is any sudden, infrequent, not
reasonably preventable failure of the monitoring system to provide
valid data. Monitoring system failures that are caused in part by poor
maintenance or careless operation are not malfunctions. You are
required to effect monitoring system repairs in response to monitoring
system malfunctions or out-of-control periods and to return the
monitoring system to operation as expeditiously as practicable;
    (b) You may not use data recorded during monitoring system
malfunctions or out-of-control periods, repairs associated with
monitoring system malfunctions or out-of-control periods, or required
monitoring system quality assurance or control activities in
calculations used to report emissions or operating levels. You must use
all the data collected during all other periods, including data
normalized for above scale readings, in assessing the operation of the
control device and associated control system; and
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions
or out-of-control periods, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments, failure to
collect required data is a deviation of the monitoring requirements.

Recordkeeping and Reporting

Sec.  60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in
paragraphs (a), (b), and (e) through (x) of this section for a period
of at least 5 years:
    (a) Calendar date of each record; and
    (b) Records of the data described in paragraphs (b)(1) through (7)
of this section:
    (1) The CISWI charge dates, times, weights, and hourly charge
rates;
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable;
    (3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable;
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable;
    (5) For affected CISWIs that establish operating limits for
controls other than wet scrubbers under Sec.  60.2110(d) through (g) or
Sec.  60.2115, you must maintain data collected for all operating
parameters used to determine compliance with the operating limits. For
energy recovery units using activated carbon injection or a dry
scrubber, you must also maintain records of the load fraction and
corresponding sorbent injection rate records;
    (6) If a fabric filter is used to comply with the emission
limitations, you must record the date, time, and duration of each alarm
and the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
You must also record the percent of operating time during each 6-month
period that the alarm sounds, calculated as specified in Sec.
60.2110(c);
    (7) If you monitor clinker production in accordance with Sec.
60.2165(t):
    (i) Hourly clinker rate produced if clinker production is measured
directly;
    (ii) Hourly measured kiln feed rates and calculated clinker
production rates if clinker production is not measured directly;
    (iii) 30-day rolling averages for mercury in pounds per million
tons of clinker produced;
    (iv) The initial and quarterly accuracy of the system of measruing
hourly clinker production (or feed mass flow).
    (c)-(d) [Reserved]
    (e) Identification of calendar dates and times for which data show
a deviation from the operating limits in table 2 of this subpart or a
deviation from other operating limits established under Sec.
60.2110(d) through (g) or Sec.  60.2115 with a description of the
deviations, reasons for such deviations, and a description of
corrective actions taken;
    (f) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations;
    (g) All documentation produced as a result of the siting
requirements of Sec. Sec.  60.2045 and 60.2050;
    (h) Records showing the names of CISWI operators who have completed
review of the information in Sec.  60.2095(a) as required by Sec.
60.2095(b), including the date of the initial review and all subsequent
annual reviews;
    (i) Records showing the names of the CISWI operators who have
completed the operator training requirements under Sec.  60.2070, met
the criteria for qualification under Sec.  60.2080, and maintained or
renewed their qualification under Sec.  60.2085 or Sec.  60.2090.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications;
    (j) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours;
    (k) Records of calibration of any monitoring devices as required
under Sec.  60.2165;
    (l) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment;
    (m) The information listed in Sec.  60.2095(a);
    (n) On a daily basis, keep a log of the quantity of waste burned
and the types of waste burned (always required);
    (o) Maintain records of the annual air pollution control device
inspections that are required for each CISWI subject to the emissions
limits in table 1 of this subpart or tables 5 through 8 of this
subpart, any required maintenance, and any repairs not completed within
10 days of an inspection or the timeframe established by the state
regulatory agency;
    (p) For continuously monitored pollutants or parameters, you must
document and keep a record of the following parameters measured using
continuous monitoring systems. If you monitor emissions with a CEMS,
you must indicate which data are CEMS data during startup and shutdown:
    (1) All 6-minute average levels of opacity;
    (2) All 1-hour average concentrations of sulfur dioxide emissions;
    (3) All 1-hour average concentrations of nitrogen oxides emissions;
    (4) All 1-hour average concentrations of carbon monoxide emissions;
    (5) All 1-hour average concentrations of particulate matter
emissions;
    (6) All 1-hour average concentrations of mercury emissions;
    (7) All 1-hour average concentrations of HCl CEMS outputs;
    (8) All 1-hour average percent oxygen concentrations; and
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS
outputs;
    (q) Records indicating use of the bypass stack, including dates,
times, and durations.
    (r) If you choose to stack test less frequently than annually,
consistent with Sec.  60.2155(a) through (c), you must keep annual
records that document that your emissions in the previous stack test(s)
were less than 75 percent of the applicable emission limit and document
that there was no change in source operations including fuel
composition and operation of air pollution control equipment that would
cause emissions of the relevant pollutant to increase within the past
year.
    (s) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
    (t) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  60.11(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (v) For operating units that combust non-hazardous secondary
materials that have been determined not to be solid waste pursuant to
Sec.  241.3(b)(1) of this chapter, you must keep a record which
documents how the secondary material meets each of the legitimacy
criteria under Sec.  241.3(d)(1). If you combust a fuel that has been
processed from a discarded non-hazardous secondary material pursuant to
Sec.  241.3(b)(4) of this chapter, you must keep records as to how the
operations that produced the fuel satisfies the definition of
processing in Sec.  241.2 and each of the legitimacy criteria of Sec.
241.3(d)(1) of this chapter. If the fuel received a non-waste

determination pursuant to the petition process submitted under Sec.
241.3(c) of this chapter, you must keep a record that documents how the
fuel satisfies the requirements of the petition process. For operating
units that combust non-hazardous secondary materials as fuel per Sec.
241.4, you must keep records documenting that the material is a listed
non-waste under Sec.  241.4(a).
    (w) Records of the criteria used to establish that the unit
qualifies as a small power production facility under section 3(17)(C)
of the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste
material the unit is proposed to burn is homogeneous.
    (x) Records of the criteria used to establish that the unit
qualifies as a cogeneration facility under section 3(18)(B) of the
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material
the unit is proposed to burn is homogeneous.

Sec.  60.2180  Where and in what format must I keep my records?

    All records must be available onsite in either paper copy or
computer-readable format that can be printed upon request, unless an
alternative format is approved by the Administrator.

Sec.  60.2185  What reports must I submit?

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

Sec.  60.2190  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction
that includes the five items listed in paragraphs (a) through (e) of
this section:
    (a) A statement of intent to construct;
    (b) The anticipated date of commencement of construction;
    (c) All documentation produced as a result of the siting
requirements of Sec.  60.2050;
    (d) The waste management plan as specified in Sec. Sec.  60.2055
through 60.2065; and
    (e) Anticipated date of initial startup.

Sec.  60.2195  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through
(e) of this section prior to initial startup:
    (a) The type(s) of waste to be burned;
    (b) The maximum design waste burning capacity;
    (c) The anticipated maximum charge rate;
    (d) If applicable, the petition for site-specific operating limits
under Sec.  60.2115; and
    (e) The anticipated date of initial startup.

Sec.  60.2200  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) through
(c) of this section no later than 60 days following the initial
performance test. All reports must be signed by the facilities manager:
    (a) The complete test report for the initial performance test
results obtained under Sec.  60.2135, as applicable;
    (b) The values for the site-specific operating limits established
in Sec.  60.2110 or Sec.  60.2115; and
    (c) If you are using a fabric filter to comply with the emission
limitations, documentation that a bag leak detection system has been
installed and is being operated, calibrated, and maintained as required
by Sec.  60.2165(b).

Sec.  60.2205  When must I submit my annual report?

    You must submit an annual report no later than 12 months following
the submission of the information in Sec.  60.2200. You must submit
subsequent reports no more than 12 months following the previous
report. (If the unit is subject to permitting requirements under title
V of the Clean Air Act, you may be required by the permit to submit
these reports more frequently.)

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

    The annual report required under Sec.  60.2205 must include the ten
items listed in paragraphs (a) through (j) of this section. If you have
a deviation from the operating limits or the emission limitations, you
must also submit deviation reports as specified in Sec. Sec.  60.2215,
60.2220, and 60.2225:
    (a) Company name and address;
    (b) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report;
    (c) Date of report and beginning and ending dates of the reporting
period;
    (d) The values for the operating limits established pursuant to
Sec.  60.2110 or Sec.  60.2115;
    (e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period;
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average (30-day average for energy recovery units), as applicable,
for each operating parameter recorded for the calendar year being
reported;
    (g) Information recorded under Sec.  60.2175(b)(6) and (c) through
(e) for the calendar year being reported;
    (h) For each performance test conducted during the reporting
period, if any performance test is conducted, the process unit(s)
tested, the pollutant(s) tested and the date that such performance test
was conducted. Submit, following the procedure specified in Sec.
60.2235(b)(1), the performance test report no later than the date that
you submit the annual report;
    (i) If you met the requirements of Sec.  60.2155(a) or (b), and did
not conduct a performance test during the reporting period, you must
state that you met the requirements of Sec.  60.2155(a) or (b), and,
therefore, you were not required to conduct a performance test during
the reporting period;
    (j) Documentation of periods when all qualified CISWI operators
were unavailable for more than 8 hours, but less than 2 weeks;
    (k) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  60.11(d), including actions taken to correct a malfunction;
    (l) For each deviation from an emission or operating limitation
that occurs for a CISWI for which you are not using a continuous
monitoring system to comply with the emission or operating limitations
in this subpart, the annual report must contain the following
information:
    (1) The total operating time of the CISWI at which the deviation
occurred during the reporting period; and
    (2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
    (m) If there were periods during which the continuous monitoring
system, including the CEMS, was out of control as specified in
paragraph (o) of this section, the annual report must contain the
following information for each deviation from an emission or operating
limitation occurring for a CISWI for which you are using a continuous
monitoring system to comply with the emission and operating limitations
in this subpart:
    (1) The date and time that each malfunction started and stopped;

    (2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks;
    (3) The date, time, and duration that each continuous monitoring
system was out-of-control, including start and end dates and hours and
descriptions of corrective actions taken;
    (4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period;
    (5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period;
    (6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes;
    (7) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the CISWI at which the continuous monitoring system
downtime occurred during that reporting period;
    (8) An identification of each parameter and pollutant that was
monitored at the CISWI;
    (9) A brief description of the CISWI;
    (10) A brief description of the continuous monitoring system;
    (11) The date of the latest continuous monitoring system
certification or audit; and
    (12) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring
system, including the CEMS, was not out of control as specified in
paragraph (o) of this section, a statement that there were not periods
during which the continuous monitoring system was out of control during
the reporting period.
    (o) A continuous monitoring system is out of control in accordance
with the procedure in 40 CFR part 60, appendix F of this part, as if
any of the following occur:
    (1) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard;
    (2) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit, or linearity test audit; and
    (3) The continuous opacity monitoring system calibration drift
exceeds two times the limit in the applicable performance specification
in the relevant standard.

Sec.  60.2215  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour
average (30-day average for energy recovery units or for PM CPMS)
parameter level is above the maximum operating limit or below the
minimum operating limit established under this subpart, if the bag leak
detection system alarm sounds for more than 5 percent of the operating
time for the 6-month reporting period, if a performance test was
conducted that deviated from any emission limitation, if a 30 kiln
operating day average is above the operating limit, or if a 30-day
average measured using CEMS deviated from any emission limitation.
    (b) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).

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

    In each report required under Sec.  60.2215, for any pollutant or
parameter that deviated from the emission limitations or operating
limits specified in this subpart, include the six items described in
paragraphs (a) through (f) of this section:
    (a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements;
    (b) The averaged and recorded data for those dates;
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits
and your corrective actions;
    (2) Bypass events and your corrective actions; and
    (d) A copy of the operating limit monitoring data during each
deviation and for any test report that documents the emission levels
the process unit(s) tested, the pollutant(s) tested and the date that
the performance test was conducted. Submit, following the procedure
specified in Sec.  60.2235(b)(1), the performance test report no later
than the date that you submit the deviation report.

Sec.  60.2225  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section:
    (1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section:
    (i) A statement of what caused the deviation;
    (ii) A description of what you are doing to ensure that a qualified
operator is accessible; and
    (iii) The date when you anticipate that a qualified operator will
be available.
    (2) Submit a status report to the Administrator every 4 weeks that
includes the three items in paragraphs (a)(2)(i) through (iii) of this
section:
    (i) A description of what you are doing to ensure that a qualified
operator is accessible;
    (ii) The date when you anticipate that a qualified operator will be
accessible; and
    (iii) Request approval from the Administrator to continue operation
of the CISWI.
    (b) If your unit was shut down by the Administrator, under the
provisions of Sec.  60.2100(b)(2), due to a failure to provide an
accessible qualified operator, you must notify the Administrator that
you are resuming operation once a qualified operator is accessible.

Sec.  60.2230  Are there any other notifications or reports that I must
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate,
you must provide 30 days prior notice of the effective date of the
waste-to-fuel switch, consistent with 60.2145(a). The notification must
identify:
    (1) The name of the owner or operator of the CISWI, the location of
the source, the emissions unit(s) that will cease burning solid waste,
and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and
any 40 CFR part 63 subpart and subcategory that will be applicable
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI
is currently combusting and has combusted over the past 6 months, and
the fuel(s) or non-waste materials the unit will commence combusting;
    (4) The date on which you became subject to the currently
applicable emission limits; and
    (5) The date upon which you will cease combusting solid waste, and
the

date (if different) that you intend for any new requirements to become
applicable (i.e., the effective date of the waste-to-fuel switch),
consistent with paragraphs (b)(2) and (3) of this section.

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

    (a) Submit initial, annual and deviation reports electronically or
in paper format, postmarked on or before the submittal due dates.
Beginning on June 15, 2020 or once the reporting form has been
available in CEDRI for 1 year, whichever is later, you must submit
subsequent reports on or before the submittal dates to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI), which can be
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Use the appropriate electronic report in CEDRI for this
subpart or an alternate electronic file format consistent with the
extensible markup language (XML) schema listed on the CEDRI website
(https://www3.epa.gov/ttn/chief/cedri/index.html). The date forms
become available in CEDRI will be listed on the CEDRI website. The
reports must be submitted by the deadlines specified in this subpart,
regardless of the method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance
evaluation required by this subpart as follows:
    (1) Within 60 days after the date of completing each performance
test (see Sec.  60.8) required by this subpart, you must submit the
results of the performance test following the procedure specified in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the
test, you must submit the results of the performance test to the EPA
via the CEDRI. (CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).) Performance test data must be submitted in a file
format generated through the use of the EPA's ERT or an alternate
electronic file format consistent with the XML schema listed on the
EPA's ERT website. If you claim that some of the performance test
information being submitted is confidential business information (CBI),
you must submit a complete file generated through the use of the EPA's
ERT or an alternate electronic file consistent with the XML schema
listed on the EPA's ERT website, including information claimed to be
CBI, on a compact disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described earlier in
this paragraph; and
    (ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT website at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each continuous
emissions monitoring system performance evaluation you must submit the
results of the performance evaluation following the procedure specified
in either paragraph (b)(2)(i) or (b)(2)(ii) of this section:
    (i) For performance evaluations of continuous monitoring systems
measuring relative accuracy test audit (RATA) pollutants that are
supported by the EPA's ERT as listed on the EPA's ERT website at the
time of the evaluation, you must submit the results of the performance
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the
EPA's CDX.) Performance evaluation data must be submitted in a file
format generated through the use of the EPA's ERT or an alternate file
format consistent with the XML schema listed on the EPA's ERT website.
If you claim that some of the performance evaluation information being
submitted is CBI, you must submit a complete file generated through the
use of the EPA's ERT or an alternate electronic file consistent with
the XML schema listed on the EPA's ERT website, including information
claimed to be CBI, on a compact disc, flash drive, or other commonly
used electronic storage media to the EPA. The electronic storage media
must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02,
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file
with the CBI omitted must be submitted to the EPA via the EPA's CDX as
described earlier in this paragraph; and
    (ii) For any performance evaluations of continuous monitoring
systems measuring RATA pollutants that are not supported by the EPA's
ERT as listed on the EPA's ERT website at the time of the evaluation,
you must submit the results of the performance evaluation to the
Administrator at the appropriate address listed in Sec.  60.4.
    (c) If you are required to electronically submit a report through
the Compliance and Emissions Data Reporting Interface (CEDRI) in the
EPA's Central Data Exchange (CDX), and due to a planned or actual
outage of either the EPA's CEDRI or CDX systems within the period of
time beginning 5 business days prior to the date that the submission is
due, you will be or are precluded from accessing CEDRI or CDX and
submitting a required report within the time prescribed, you may assert
a claim of EPA system outage for failure to timely comply with the
reporting requirement. You must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description identifying the date, time and
length of the outage; a rationale for attributing the delay in
reporting beyond the regulatory deadline to the EPA system outage;
describe the measures taken or to be taken to minimize the delay in
reporting; and identify a date by which you propose to report, or if
you have already met the reporting requirement at the time of the
notification, the date you reported. In any circumstance, the report
must be submitted electronically as soon as possible after the outage
is resolved. The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
    (d) If you are required to electronically submit a report through
CEDRI in the EPA's CDX and a force majeure event is about to occur,
occurs, or has occurred or there are lingering effects from such an
event within the period of time beginning 5 business days prior to the
date the submission is due, the owner or operator may assert a claim of
force majeure for failure to timely comply with the reporting
requirement. For the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by circumstances
beyond the control of the affected facility, its contractors, or any
entity controlled by the affected facility that prevents you from
complying with the requirement to submit a report electronically within
the time period prescribed. Examples of such events are acts of nature
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure

or safety hazard beyond the control of the affected facility (e.g.,
large scale power outage). If you intend to assert a claim of force
majeure, you must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or caused a delay
in reporting. You must provide to the Administrator a written
description of the force majeure event and a rationale for attributing
the delay in reporting beyond the regulatory deadline to the force
majeure event; describe the measures taken or to be taken to minimize
the delay in reporting; and identify a date by which you propose to
report, or if you have already met the reporting requirement at the
time of the notification, the date you reported. In any circumstance,
the reporting must occur as soon as possible after the force majeure
event occurs. The decision to accept the claim of force majeure and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.

Sec.  60.2240  Can reporting dates be changed?

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

Title V Operating Permits

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

    Yes. Each CISWI and ACI subject to standards under this subpart
must operate pursuant to a permit issued under Section 129(e) and Title
V of the Clean Air Act.

Air Curtain Incinerators (ACIs)

Sec.  60.2245  What is an air curtain incinerator?

    (a) An ACI operates by forcefully projecting a curtain of air
across an open chamber or open pit in which combustion occurs.
Incinerators of this type can be constructed above or below ground and
with or without refractory walls and floor. Air curtain incinerators
are not to be confused with conventional combustion devices with
enclosed fireboxes and controlled air technology such as mass burn,
modular, and fluidized bed combustors.
    (b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (3) of this section are only required to meet
the requirements under Sec.  60.2242 and under ``Air Curtain
Incinerators'' (Sec. Sec.  60.2245 through 60.2260):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (3) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

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

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

Sec.  60.2255  How must I monitor opacity for air curtain incinerators?

    (a) Use Method 9 of appendix A of this part to determine compliance
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8.
    (c) After the initial test for opacity, conduct annual tests no
more than 12 calendar months following the date of your previous test.

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

    (a) Prior to commencing construction on your ACI, submit the three
items described in paragraphs (a)(1) through (3) of this section:
    (1) Notification of your intent to construct the ACI;
    (2) Your planned initial startup date; and
    (3) Types of materials you plan to burn in your ACI.
    (b) Keep records of results of all initial and annual opacity tests
onsite in either paper copy or electronic format, unless the
Administrator approves another format, for at least 5 years.
    (c) Make all records available for submittal to the Administrator
or for an inspector's onsite review.
    (d) You must submit the results (as determined by the average of
three 1-hour blocks consisting of ten 6-minute average opacity values)
of the initial opacity tests no later than 60 days following the
initial test. Submit annual opacity test results within 12 months
following the previous report.
    (e) Submit initial and annual opacity test reports as electronic or
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports onsite for a
period of 5 years.

Definitions

Sec.  60.2265  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean
Air Act and subpart A (General Provisions) of this part.
    30-day rolling average means the arithmetic mean of the previous
720 hours of valid operating data. Valid data excludes periods when
this unit is not operating. The 720 hours should be consecutive, but
not necessarily continuous if operations are intermittent.
    Administrator means the Administrator of the U.S. Environmental
Protection Agency or his/her authorized representative or Administrator
of a State Air Pollution Control Agency.
    Air curtain incinerator (ACI) means an incinerator that operates by
forcefully projecting a curtain of air across an open chamber or pit in
which combustion occurs. Incinerators of this type can be constructed
above or below ground and with or without refractory walls and floor.
Air curtain incinerators are not to be confused with conventional
combustion devices with enclosed fireboxes and controlled air
technology such as mass burn, modular, and fluidized bed combustors.
    Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel
oil, or diesel fuel.
    Average annual heat input rate means annual heat input divided by
the hours of operation for the 12 months preceding the compliance
demonstration.
    Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance, or
other principle to monitor relative particulate matter loadings.
    Burn-off oven means any rack reclamation unit, part reclamation
unit, or drum reclamation unit. A burn-off oven is not an incinerator,
waste-burning kiln, an energy recovery unit or a small, remote
incinerator under this subpart.

    Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
    Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators and small remote incinerators: CEMS data
collected during the first hours of a CISWI startup from a cold start
until waste is fed to the unit and the hours of operation following the
cessation of waste material being fed to the CISWI during a unit
shutdown. For each startup event, the length of time that CEMS data may
be claimed as being CEMS data during startup must be 48 operating hours
or less. For each shutdown event, the length of time that CEMS data may
be claimed as being CEMS data during shutdown must be 24 operating
hours or less;
    (2) For energy recovery units: CEMS data collected during the
startup or shutdown periods of operation. Startup begins with either
the first-ever firing of fuel in a boiler or process heater for the
purpose of supplying useful thermal energy (such as steam or heat) for
heating, cooling or process purposes, or producing electricity, or the
firing of fuel in a boiler or process heater for any purpose after a
shutdown event. Startup ends four hours after when the boiler or
process heater makes useful thermal energy (such as heat or steam) for
heating, cooling, or process purposes, or generates electricity,
whichever is earlier. Shutdown begins when the boiler or process heater
no longer makes useful thermal energy (such as heat or steam) for
heating, cooling, or process purposes and/or generates electricity or
when no fuel is being fed to the boiler or process heater, whichever is
earlier. Shutdown ends when the boiler or process heater no longer
makes useful thermal energy (such as steam or heat) for heating,
cooling, or process purposes and/or generates electricity, and no fuel
is being combusted in the boiler or process heater; and
    (3) For waste-burning kilns: CEMS data collected during the periods
of kiln operation that do not include normal operations. Startup means
the time from when a shutdown kiln first begins firing fuel until it
begins producing clinker. Startup begins when a shutdown kiln turns on
the induced draft fan and begins firing fuel in the main burner.
Startup ends when feed is being continuously introduced into the kiln
for at least 120 minutes or when the feed rate exceeds 60 percent of
the kiln design limitation rate, whichever occurs first. Shutdown means
the cessation of kiln operation. Shutdown begins when feed to the kiln
is halted and ends when continuous kiln rotation ceases.
    Chemical recovery unit means combustion units burning materials to
recover chemical constituents or to produce chemical compounds where
there is an existing commercial market for such recovered chemical
constituents or compounds. A chemical recovery unit is not an
incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart. The following seven types of
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery process and reused in the
pulping process;
    (2) Units burning only spent sulfuric acid used to produce virgin
sulfuric acid;
    (3) Units burning only wood or coal feedstock for the production of
charcoal;
    (4) Units burning only manufacturing byproduct streams/residue
containing catalyst metals that are reclaimed and reused as catalysts
or used to produce commercial grade catalysts;
    (5) Units burning only coke to produce purified carbon monoxide
that is used as an intermediate in the production of other chemical
compounds;
    (6) Units burning only hydrocarbon liquids or solids to produce
hydrogen, carbon monoxide, synthesis gas, or other gases for use in
other manufacturing processes; and
    (7) Units burning only photographic film to recover silver.
    Chemotherapeutic waste means waste material resulting from the
production or use of antineoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration unit (CISWI)
means any distinct operating unit of any commercial or industrial
facility that combusts, or has combusted in the preceding 6 months, any
solid waste as that term is defined in 40 CFR part 241. If the
operating unit burns materials other than traditional fuels as defined
in Sec.  241.2 that have been discarded, and you do not keep and
produce records as required by Sec.  60.2175(v), the operating unit is
a CISWI. While not all CISWIs will include all of the following
components, a CISWI includes, but is not limited to, the solid waste
feed system, grate system, flue gas system, waste heat recovery
equipment, if any, and bottom ash system. The CISWI does not include
air pollution control equipment or the stack. The CISWI boundary starts
at the solid waste hopper (if applicable) and extends through two
areas: The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and the combustion unit bottom ash system, which
ends at the truck loading station or similar equipment that transfers
the ash to final disposal. The CISWI includes all ash handling systems
connected to the bottom ash handling system.
    Contained gaseous material means gases that are in a container when
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment,
required under the emission monitoring sections in applicable subparts,
used to sample and condition (if applicable), to analyze, and to
provide a permanent record of emissions or process parameters. A
particulate matter continuous parameter monitoring system (PM CPMS) is
a type of CMS.
    Cyclonic burn barrel means a combustion device for waste materials
that is attached to a 55 gallon, open-head drum. The device consists of
a lid, which fits onto and encloses the drum, and a blower that forces
combustion air into the drum in a cyclonic manner to enhance the mixing
of waste material and air. A cyclonic burn barrel is not an
incinerator, a waste-burning kiln, an energy recovery unit or a small,
remote incinerator under this subpart.
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements; and

    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60,
subpart DDDD, only, burned in an incineration unit without energy
recovery.
    Drum reclamation unit means a unit that burns residues out of drums
(e.g., 55 gallon drums) so that the drums can be reused.
    Dry scrubber means an add-on air pollution control system that
injects dry alkaline sorbent (dry injection) or sprays an alkaline
sorbent (spray dryer) to react with and neutralize acid gas in the
exhaust stream forming a dry powder material. Sorbent injection systems
in fluidized bed boilers and process heaters are included in this
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
    Energy recovery unit means a combustion unit combusting solid waste
(as that term is defined by the Administrator in 40 CFR part 241) for
energy recovery. Energy recovery units include units that would be
considered boilers and process heaters if they did not combust solid
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an
energy recovery unit that burns solid waste, biomass, and non-coal
solid materials but less than 10 percent coal, on a heat input basis on
an annual average, either alone or in combination with liquid waste,
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy
recovery unit that burns solid waste and at least 10 percent coal on a
heat input basis on an annual average, either alone or in combination
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and
gas (Liquid/gas) means an energy recovery unit that burns a liquid
waste with liquid or gaseous fuels not combined with any solid fuel or
waste materials.
    Energy recovery unit designed to burn solid materials (Solids)
includes energy recovery units designed to burn coal and energy
recovery units designed to burn biomass.
    Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
    Foundry sand thermal reclamation unit means a type of part
reclamation unit that removes coatings that are on foundry sand. A
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator
under this subpart.
    Incinerator means any furnace used in the process of combusting
solid waste (as that term is defined by the Administrator in 40 CFR
part 241) for the purpose of reducing the volume of the waste by
removing combustible matter. Incinerator designs include single chamber
and two-chamber.
    In-line coal mill means those coal mills using kiln exhaust gases
in their process. Coal mills with a heat source other than the kiln or
coal mills using exhaust gases from the clinker cooler alone are not an
in-line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement
production process where a dry kiln system is integrated with the raw
mill so that all or a portion of the kiln exhaust gases are used to
perform the drying operation of the raw mill, with no auxiliary heat
source used. In this system the kiln is capable of operating without
the raw mill operating, but the raw mill cannot operate without the
kiln gases, and consequently, the raw mill does not generate a separate
exhaust gas stream.
    Kiln means an oven or furnace, including any associated preheater
or precalciner devices, in-line raw mills, in-line coal mills or alkali
bypasses used for processing a substance by burning, firing or drying.
Kilns include cement kilns that produce clinker by heating limestone
and other materials for subsequent production of Portland Cement.
Because the alkali bypass, in-line raw mill and in-line coal mill are
considered an integral part of the kiln, the kiln emissions limits also
apply to the exhaust of the alkali bypass, in-line raw mill and in-line
coal mill.
    Laboratory analysis unit means units that burn samples of materials
for the purpose of chemical or physical analysis. A laboratory analysis
unit is not an incinerator, waste-burning kiln, an energy recovery unit
or a small, remote incinerator under this subpart.
    Load fraction means the actual heat input of an energy recovery
unit divided by heat input during the performance test that established
the minimum sorbent injection rate or minimum activated carbon
injection rate, expressed as a fraction (e.g., for 50 percent load the
load fraction is 0.5).
    Low-level radioactive waste means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable federal or
state standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
    Minimum voltage or amperage means 90 percent of the lowest test-run
average voltage or amperage to the electrostatic precipitator measured
during the most recent particulate matter or mercury performance test
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI means a CISWI that has been changed
later than August 7, 2013 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
CISWI (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI;
and
    (2) Any physical change in the CISWI or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
    Municipal solid waste or municipal-type solid waste means
household, commercial/retail, or institutional waste. Household waste
includes material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing. Commercial/retail
waste includes material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at industrial facilities, and
other similar establishments or facilities. Institutional waste
includes materials discarded by schools, by hospitals (nonmedical), by
nonmanufacturing activities at prisons and government facilities, and
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste
does not include used oil; sewage sludge; wood pallets;

construction, renovation, and demolition wastes (which include railroad
ties and telephone poles); clean wood; industrial process or
manufacturing wastes; medical waste; or motor vehicles (including motor
vehicle parts or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI.
    Oxygen analyzer system means all equipment required to determine
the oxygen content of a gas stream and used to monitor oxygen in the
boiler or process heater flue gas, boiler or process heater, firebox,
or other appropriate location. This definition includes oxygen trim
systems and certified oxygen CEMS. The source owner or operator is
responsible to install, calibrate, maintain, and operate the oxygen
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device over
its operating range. A typical system consists of a flue gas oxygen
and/or carbon monoxide monitor that automatically provides a feedback
signal to the combustion air controller or draft controller.
    Part reclamation unit means a unit that burns coatings off parts
(e.g., tools, equipment) so that the parts can be reconditioned and
reused.
    Particulate matter means total particulate matter emitted from
CISWIs as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
    Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
    Process change means any of the following physical or operational
changes:
    (1) A physical change (maintenance activities excluded) to the
CISWI which may increase the emission rate of any air pollutant to
which a standard applies;
    (2) An operational change to the CISWI where a new type of non-
hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air
pollution control devices used to comply with the emission limits for
the CISWI (e.g., replacing an electrostatic precipitator with a fabric
filter); and
    (4) An operational change to the air pollution control devices used
to comply with the emission limits for the affected CISWI (e.g., change
in the sorbent injection rate used for activated carbon injection).
    Rack reclamation unit means a unit that burns the coatings off
racks used to hold small items for application of a coating. The unit
burns the coating overspray off the rack so the rack can be reused.
    Raw mill means a ball or tube mill, vertical roller mill or other
size reduction equipment, that is not part of an in-line kiln/raw mill,
used to grind feed to the appropriate size. Moisture may be added or
removed from the feed during the grinding operation. If the raw mill is
used to remove moisture from feed materials, it is also, by definition,
a raw material dryer. The raw mill also includes the air separator
associated with the raw mill.
    Reconstruction means rebuilding a CISWI and meeting two criteria:
    (1) The reconstruction begins on or after August 7, 2013; and
    (2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the CISWI (not including land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI.
    Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel; and
    (2) Pelletized refuse-derived fuel.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
    (ii) The delegation of authority to such representatives is
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively;
    (3) For a municipality, state, federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards,
requirements, or prohibitions under Title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under
part 60.
    Shutdown means, for incinerators and small, remote incinerators,
the period of time after all waste has been combusted in the primary
chamber.
    Small, remote incinerator means an incinerator that combusts solid
waste (as that term is defined by the Administrator in 40 CFR part 241)
and combusts 3 tons per day or less solid waste and is more than 25
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil
treatment unit may be direct-fired or indirect fired. A soil treatment
unit is not an incinerator, a waste-burning kiln, an energy recovery
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of
any facility which combusts any solid waste (as that term is defined by
the Administrator in 40 CFR part 241) material from commercial or
industrial establishments or the general public (including single

and multiple residences, hotels and motels). Such term does not include
incinerators or other units required to have a permit under section
3005 of the Solid Waste Disposal Act. The term ``solid waste
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary
smelters) which combust waste for the primary purpose of recovering
metals;
    (2) Qualifying small power production facilities, as defined in
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as defined in section 3(18)(B) of
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous
waste (such as units which burn tires or used oil, but not including
refuse-derived fuel) for the production of electric energy or in the
case of qualifying cogeneration facilities which burn homogeneous waste
for the production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial, commercial,
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only
burn wood wastes, yard wastes, and clean lumber and that such ACIs
comply with opacity limitations to be established by the Administrator
by rule.
    Space heater means a unit that meets the requirements of 40 CFR
279.23. A space heater is not an incinerator, a waste-burning kiln, an
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1
atmosphere (101.3 kilopascals).
    Startup period means, for incinerators and small, remote
incinerators, the period of time between the activation of the system
and the first charge to the unit.
    Useful thermal energy means energy (i.e., steam, hot water, or
process heat) that meets the minimum operating temperature and/or
pressure required by any energy use system that uses energy provided by
the affected energy recovery unit.
    Waste-burning kiln means a kiln that is heated, in whole or in
part, by combusting solid waste (as that term is defined by the
Administrator in 40 CFR part 241). Secondary materials used in Portland
cement kilns shall not be deemed to be combusted unless they are
introduced into the flame zone in the hot end of the kiln or mixed with
the precalciner fuel.
    Wet scrubber means an add-on air pollution control device that uses
an aqueous or alkaline scrubbing liquor to collect particulate matter
(including nonvaporous metals and condensed organics) and/or to absorb
and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings.
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private or
public lands;
    (2) Construction, renovation, or demolition wastes; and
    (3) Clean lumber.

  Table 1 to Subpart CCCC of Part 60--Emission Limitations for Incinerators for Which Construction Is Commenced
     After November 30, 1999, But no Later Than June 4, 2010, or for Which Modification or Reconstruction Is
                      Commenced on or After June 1, 2001, But no Later Than August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\          time \2\                method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                4).
Dioxin/Furan (toxic equivalency        0.41 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters per run).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Nitrogen oxides......................  388 parts per million    3-run average (for       Performance test
                                        by dry volume.           Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                (Method 9 of appendix
                                                                                A of this part).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                part).
Sulfur dioxide.......................  20 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 20     CFR part 60, appendix
                                                                 liters per run. For      A-4).
                                                                 Method 6C, collect
                                                                 sample for a minimum
                                                                 duration of 1 hour per
                                                                 run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.   60.2145 and Sec.   60.2165. As prescribed in Sec.   60.2145(u), if you use a CEMS or an integrated
  sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
  day rolling average of 1-hour arithmetic average emission concentrations.

                     Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                 You must establish         And monitoring using these minimum frequencies
 For these operating parameters   these  operating  ------------------------------------------------------------
                                       limits           Data measurement      Data recording     Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate....................  Maximum charge      Continuous...........  Every hour.......  Daily (batch
                                  rate.                                                         units) 3-hour
                                                                                rolling
                                                                                (continuous and
                                                                                intermittent
                                                                                units).\1\
Pressure drop across the wet     Minimum pressure    Continuous...........  Every 15 minutes.  3-hour
 scrubber or amperage to wet      drop or amperage.                                             rolling.\1\
 scrubber.
Scrubber liquor flow rate......  Minimum flow rate.  Continuous...........  Every 15 minutes.  3-hour
                                                                                rolling.\1\
Scrubber liquor pH.............  Minimum pH........  Continuous...........  Every 15 minutes.  3-hour
                                                                                rolling.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Calculated each hour as the average of the previous 3 operating hours.

      Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...............               1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.............             0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.........            0.01
octachlorinated dibenzo-p-dioxin........................           0.001
2,3,7,8-tetrachlorinated dibenzofuran...................             0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................             0.5
1,2,3,7,8-pentachlorinated dibenzofuran.................            0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................             0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.............            0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.............            0.01
octachlorinated dibenzofuran............................           0.001
------------------------------------------------------------------------

                    Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements \1\
----------------------------------------------------------------------------------------------------------------
              Report                     Due date               Contents                     Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report...........  Prior to commencing   Statement of     Sec.   60.2190.
                                    construction.        intent to construct.
                                                         Anticipated
                                                         date of commencement of
                                                         construction..
                                                         Documentation
                                                         for siting
                                                         requirements.
                                                         Waste
                                                         management plan..
                                                         Anticipated
                                                         date of initial
                                                         startup.
Startup notification.............  Prior to initial      Type of waste    Sec.   60.2195.
                                    startup.             to be burned.
                                                         Maximum design
                                                         waste burning capacity..
                                                         Anticipated
                                                         maximum charge rate.
                                                         If applicable,
                                                         the petition for site-
                                                         specific operating
                                                         limits..
Initial test report..............  No later than 60      Complete test    Sec.   60.2200.
                                    days following the   report for the initial
                                    initial              performance test.
                                    performance test.    The values for
                                                         the site-specific
                                                         operating limits..
                                                         Installation of
                                                         bag leak detection
                                                         system for fabric
                                                         filter.
Annual report....................  No later than 12      Name and         Sec.  Sec.   60.2205 and
                                    months following     address.                  60.2210.
                                    the submission of    Statement and
                                    the initial test     signature by
                                    report. Subsequent   responsible official..
                                    reports are to be    Date of report.
                                    submitted no more    Values for the
                                    than 12 months       operating limits..
                                    following the        Highest
                                    previous report.     recorded 3-hour average
                                                         and the lowest 3-hour
                                                         average, as applicable,
                                                         (or 30-day average, if
                                                         applicable) for each
                                                         operating parameter
                                                         recorded for the
                                                         calendar year being
                                                         reported..
                                                         For each
                                                         performance test
                                                         conducted during the
                                                         reporting period, if
                                                         any performance test is
                                                         conducted, the process
                                                         unit(s) tested, the
                                                         pollutant(s) tested,
                                                         and the date that such
                                                         performance test was
                                                         conducted.
                                                         If a
                                                         performance test was
                                                         not conducted during
                                                         the reporting period, a
                                                         statement that the
                                                         requirements of Sec.
                                                         60.2155(a) were met.
                                                         Documentation
                                                         of periods when all
                                                         qualified CISWI
                                                         operators were
                                                         unavailable for more
                                                         than 8 hours but less
                                                         than 2 weeks.
                                                         If you are
                                                         conducting performance
                                                         tests once every 3
                                                         years consistent with
                                                         Sec.   60.2155(a), the
                                                         date of the last 2
                                                         performance tests, a
                                                         comparison of the
                                                         emission level you
                                                         achieved in the last 2
                                                         performance tests to
                                                         the 75 percent emission
                                                         limit threshold
                                                         required in Sec.
                                                         60.2155(a) and a
                                                         statement as to whether
                                                         there have been any
                                                         operational changes
                                                         since the last
                                                         performance test that
                                                         could increase
                                                         emissions.
Emission limitation or operating   By August 1 of that   Dates and times  Sec.   60.2215 and 60.2220.
 limit deviation report.            year for data        of deviation.
                                    collected during     Averaged and
                                    the first half of    recorded data for those
                                    the calendar year.   dates..
                                    By February 1 of     Duration and
                                    the following year   causes of each
                                    for data collected   deviation and the
                                    during the second    corrective actions
                                    half of the          taken..
                                    calendar year.       Copy of
                                                         operating limit