changes and completed retrofit construction of control devices so that
when the affected OSWI unit is brought online, all necessary process
changes and air pollution control devices operate as designed.

Waste Management Plan

Sec.  62.15520  What is a waste management plan?

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

Sec.  62.15525  When must I submit my waste management plan?

    You must submit a waste management plan no later than 60 days
following the initial performance test as specified in Table 4 of this
subpart

Sec.  62.15530  What should I include in my waste management plan?

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

Operator Training and Qualification

Sec.  62.15535  What are the operator training and qualification
requirements?

    (a) No OSWI unit can be operated unless a fully trained and
qualified OSWI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified OSWI
unit operator may operate the OSWI unit directly or be the direct
supervisor of one or more other plant personnel who operate the unit.
If all qualified OSWI unit operators are temporarily not accessible,
you must follow the procedures in Sec.  62.15570.
    (b) Operator training and qualification must be obtained through a
State-approved program or by completing the requirements included in
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 13 subjects listed in paragraphs (c)(1)(i)
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, waste charging, and shutdown
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air
pollution control devices.
    (vii) Methods to monitor pollutants (including monitoring of
incinerator and control device operating parameters) and monitoring
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.

    (x) Applicable Federal, State, and local regulations, including
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec.  62.15545  When must the operator training course be completed?

    The operator training course must be completed by the latest of the
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date specified in Sec.  62.15505.
    (b) Six months after your OSWI unit startup.
    (c) Six months after an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.

Sec.  62.15550  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec.  62.15535(c).
    (b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec.  62.15535(c)(2).

Sec.  62.15555  How do I maintain my operator qualification?

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

Sec.  62.15560  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec.  62.15555.
    (b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec.  62.15550(a).

Sec.  62.15565  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily
accessible for all OSWI unit operators that addresses the nine topics
described in paragraphs (a)(1) through (9) of this section. You must
maintain this information and the training records required by
paragraph (c) of this section in a manner that they can be readily
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
    (6) Monitoring procedures for demonstrating compliance with the
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  62.15520
through 62.15530.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a)
of this section must be conducted by the latest of three dates
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) [A DATE WILL BE INSERTED WHICH WILL BE THREE YEARS AFTER DATE
THE FINAL RULE IS PUBLISHED IN THE Federal Register].
    (ii) Six months after your OSWI unit startup.
    (iii) Six months after an employee assumes responsibility for
operating the OSWI unit or assumes responsibility for supervising the
operation of the OSWI unit.
    (2) Subsequent annual reviews of the information listed in
paragraph (a) of this section must be conducted not later than 12
months following the previous review.
    (c) You must also maintain the information specified in paragraphs
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have
completed review of the information in paragraph (a) of this section as
required by paragraph (b) of this section, including the date of the
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec.  62.15535, met
the criteria for qualification under Sec.  62.15550, and maintained or
renewed their qualification under Sec.  62.15555 or Sec.  62.15560.
Records must include documentation of training, the dates of the
initial and refresher training, and the dates of their qualification
and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.

Sec.  62.15570  What if all the qualified operators are temporarily not
accessible?

    If all qualified operators are temporarily not accessible (i.e.,
not at the facility and not able to be at the facility within 1 hour),
you must meet one of the three criteria specified in paragraphs (a)
through (c) of this section, depending on the length of time that a
qualified operator is not accessible.
    (a) When all qualified operators are not accessible for 12 hours or
less, the OSWI unit may be operated by other plant personnel familiar
with the operation of the OSWI unit who have completed review of the
information specified in Sec.  62.15565(a) within the past 12 months.
You do not need to notify the Administrator or include this as a
deviation in your annual report.
    (b) When all qualified operators are not accessible for more than
12 hours, but less than 2 weeks, the OSWI unit may be operated by other
plant personnel familiar with the operation of the OSWI unit who have
completed a review of the information specified in Sec.  62.15565(a)
within the past 12 months. However, you must record the period when all
qualified operators were not accessible and include this deviation in
the annual report as specified under Sec.  62.15570.
    (c) When all qualified operators are not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible.

    (2) Submit a status report to the EPA every 4 weeks outlining what
you are doing to ensure that a qualified operator is accessible,
stating when you anticipate that a qualified operator will be
accessible and requesting approval from the EPA to continue operation
of the OSWI unit. You must submit the first status report 4 weeks after
you notify the EPA of the deviation under paragraph (c)(1) of this
section. If the EPA notifies you that your request to continue
operation of the OSWI unit is disapproved, the OSWI unit may continue
operation for 90 days, then must cease operation. Operation of the unit
may resume if you meet the two requirements in paragraphs (c)(2)(i) and
(ii) of this section.
    (i) A qualified operator is accessible as required under Sec.
62.15535(a).
    (ii) You notify the EPA that a qualified operator is accessible and
that you are resuming operation.

Emission Limitations and Operating Limits

Sec.  62.15575  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 1 of this
subpart on the date the initial performance test is required or
completed, whichever is earlier. Section 62.15630 specifies the date by
which you are required to conduct your performance test.

Sec.  62.15585  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission
limitations, you must establish operating limits for four operating
parameters (as specified in Table 2 of this subpart) as described in
paragraphs (a)(1) through (4) of this section during the initial
performance test.
    (1) Maximum charge rate, calculated using one of the two different
procedures in paragraphs (a)(1)(i) or (ii) of this section, as
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is
the average charge rate measured during the most recent performance
test demonstrating compliance with all applicable emission limitations.
    (ii) For batch units, maximum charge rate is the charge rate
measured during the most recent performance test demonstrating
compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is
calculated as the average pressure drop across the wet scrubber
measured during the most recent performance test demonstrating
compliance with the particulate matter emission limitations; or minimum
amperage to the wet scrubber, which is calculated as the average
amperage to the wet scrubber measured during the most recent
performance test demonstrating compliance with the particulate matter
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the
average liquor flow rate at the inlet to the wet scrubber measured
during the most recent performance test demonstrating compliance with
all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the average
liquor pH at the inlet to the wet scrubber measured during the most
recent performance test demonstrating compliance with the hydrogen
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the
initial performance test beginning on the date [A DATE WILL BE INSERTED
WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE DATE THE FINAL RULE
IS PUBLISHED IN THE Federal Register].

Sec.  62.15595  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet
scrubber or limit emissions in some other manner to comply with the
emission limitations under Sec.  62.15575, you must petition the EPA
for specific operating limits, the values of which are to be
established during the initial performance test and then continuously
monitored thereafter. You must not conduct the initial performance test
until after the petition has been approved by the EPA. Your petition
must include the five items listed in paragraphs (a) through (e) of
this section.
    (a) Identification of the specific parameters you propose to use as
operating limits.
    (b) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants.
    (c) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters.
    (d) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments.
    (e) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec.  62.15605  What happens during periods of startup, shutdown, and
malfunction?

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

Performance Testing

Sec.  62.15610  How do I conduct the initial and annual performance
test?

    (a) All performance tests must consist of a minimum of three test
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in
Table 1 of this subpart.
    (c) All performance tests must be conducted using the minimum run
duration specified in Table 1 of this subpart.
    (d) Method 1 of appendix A of 40 CFR part 60 must be used to select
the sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of 40 CFR part 60 must be used
for gas composition analysis, including measurement of oxygen
concentration. Method 3A or 3B of appendix A of 40 CFR part 60 must be
used simultaneously with each method.
    (f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using Equation 1 in Sec.  62.15845(a).
    (g) Method 26A of appendix A of 40 CFR part 60 must be used for
hydrogen chloride concentration analysis, with the additional
requirements specified in paragraphs (g)(1) through (3) of this
section.
    (1) The probe and filter must be conditioned prior to sampling
using the procedure described in paragraphs (g)(1)(i) through (iii) of
this section.
    (i) Assemble the sampling train(s) and conduct a conditioning run
by collecting between 14 liters per minute (0.5 cubic feet per minute)
and 30 liters per minute (1.0 cubic feet per minute) of gas over a 1-
hour period. Follow the sampling procedures outlined in section 8.1.5
of Method 26A of appendix A of 40 CFR part 60. For the conditioning
run, water can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with
a fresh impinger train for the sampling run, leaving the probe and
filter (and cyclone, if used) in position. Do not

recover the filter or rinse the probe before the first run. Thoroughly
rinse the impingers used in the preconditioning run with deionized
water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack
gas and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and
134 [deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the
requirements specified in paragraphs (g)(3)(i) and (ii) of this section
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of
appendix A of 40 CFR part 60.
    (ii) The post-test moisture removal procedure described in section
8.1.6 of Method 26A of appendix A of 40 CFR part 60 must be used.

Sec.  62.15615  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with
the emission limitations in Table 1 of this subpart.

Initial Compliance Requirements

Sec.  62.15620  How do I demonstrate initial compliance with the
emission limitations and establish the operating limits?

    You must conduct an initial performance test, as required under
section 60.8, to determine compliance with the emission limitations in
Table 1 of this subpart of part 62 and to establish operating limits
using the procedure in Sec.  62.15585 or Sec.  62.15595. The initial
performance test must be conducted using the test methods listed in
Table 1 of this subpart and the procedures in Sec.  62.15610.

Sec.  62.15630  By what date must I conduct the initial performance
test?

    The initial performance test must be conducted no later than [A
DATE WILL BE INSERTED WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register].

Continuous Compliance Requirements

Sec.  62.15635  How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the
pollutants in Table 1 of this subpart for each OSWI unit to determine
compliance with the emission limitations. The annual performance test
must be conducted using the test methods listed in Table 2 of this
subpart and the procedures in Sec.  62.15610.
    (b) You must continuously monitor carbon monoxide emissions to
determine compliance with the carbon monoxide emissions limitation.
Twelve-hour rolling average values are used to determine compliance. A
12-hour rolling average value the carbon monoxide emission limit in
Table 1 constitutes a deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters
specified in Sec.  62.15585 or established under Sec.  62.15595. Three-
hour rolling average values are used to determine compliance with the
operating limits unless a different averaging period is established
under Sec.  62.15595. A 3-hour rolling average value (unless a
different averaging period is established under Sec.  62.15595) above
the established maximum or below the established minimum operating
limits constitutes a deviation from the established operating limits.
Operating limits do not apply during performance tests.

Sec.  62.15645  By what date must I conduct the annual performance
test?

    You must conduct annual performance tests within 12 months
following the initial performance test. Conduct subsequent annual
performance tests within 12 months following the previous one.

Sec.  62.15650  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test
data for at least three consecutive annual tests, and all performance
tests for the pollutant over that period show that you comply with the
emission limitation. In this case, you do not have to conduct a
performance test for that pollutant for the next 2 years. You must
conduct a performance test during the 3rd year and no more than 36
months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for
the pollutant, you may choose to conduct performance tests for that
pollutant every 3rd year, but each test must be within 36 months of the
previous performance test.
    (c) If a performance test shows a deviation from an emission
limitation for any pollutant, you must conduct annual performance tests
for that pollutant until three consecutive annual performance tests for
that pollutant all show compliance.

Sec.  62.15660  May I conduct a repeat performance test to establish
new operating limits?

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

Monitoring

Sec.  62.15665  What continuous emission monitoring systems must I
install?

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

Sec.  62.15675  How do I make sure my continuous emission monitoring
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of
your continuous emission monitoring systems that measure carbon
monoxide and oxygen.
    (b) Complete your initial evaluation of the continuous emission
monitoring systems by the date not later than within 180 days after [A
DATE WILL BE INSERTED WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register]
    (c) For initial and annual evaluations, collect data concurrently
(or within 30 to 60 minutes) using your carbon monoxide and oxygen
continuous emission monitoring systems. To validate carbon monoxide
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of
part 60. Use EPA Method 3 or 3A to measure oxygen. Collect the data
during each initial and annual evaluation of your continuous emission
monitoring systems following the applicable performance specifications
in appendix B of 40 CFR part 60. Table 3 of this subpart shows the
required span values and performance specifications that apply to each
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of
appendix F of 40 CFR part 60 for each continuous emission monitoring
system. The procedures include daily calibration drift and quarterly
accuracy determinations.

Sec.  62.15685  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission
monitoring systems no more than 12 months after the previous evaluation
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and
quarterly as specified in appendix F of 40 CFR part 60.

Sec.  62.15690  What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems, and is the data
collection requirement enforceable?

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

Sec.  62.15700  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  62.15845 to calculate emissions at 7
percent oxygen.
    (b) Use Equation 2 in Sec.  62.15845 to calculate the 12-hour
rolling averages for concentrations of carbon monoxide.

Sec.  62.15705  What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission
limitations under Sec.  62.15575, you must install, calibrate (to
manufacturers' specifications), maintain, and operate devices (or
establish methods) for monitoring the value of the operating parameters
used to determine compliance with the operating limits listed in Table
2 of this subpart. These devices (or methods) must measure and record
the values for these operating parameters at the frequencies indicated
in Table 2 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications),
maintain, and operate a device or method for measuring the use of any
stack that could be used to bypass the control device. The measurement
must include the date, time, and duration of the use of the bypass
stack.
    (c) If you are using a method or air pollution control device other
than a wet scrubber to comply with the emission limitations under Sec.
62.15575, 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.  62.15595.

Sec.  62.15710  Is there a minimum amount of operating parameter
monitoring data I must obtain?

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

Recordkeeping and Reporting

Sec.  62.15715  What records must I keep?

    You must maintain the 14 items (as applicable) as specified in
paragraphs (a) through (n) of this section for a period of at least 5
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8)
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes
of operation or amperage to the wet scrubber every 15 minutes of
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls
other than wet scrubbers under Sec.  62.15595, you must maintain data
collected for all operating parameters used to determine compliance
with the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions
and all 3-hour rolling average values of continuously monitored
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the
control device.
    (c) Identification of calendar dates and times for which continuous
emission monitoring systems or monitoring systems used to monitor
operating limits were inoperative, inactive, malfunctioning, or out of
control (except for downtime associated with zero and span and other
routine calibration checks). Identify the pollutant emissions or
operating parameters not measured, the duration, reasons for not
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of
malfunctions, and a description of the malfunction and the corrective
action taken.
    (e) Identification of calendar dates and times for which monitoring
data show a deviation from the carbon monoxide emissions limit in Table
1 of this subpart or a deviation from the

operating limits in Table 2 of this subpart or a deviation from other
operating limits established under Sec.  62.15595 with a description of
the deviations, reasons for such deviations, and a description of
corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not
collect the minimum amount of data required under Sec. Sec.  62.15690
and 62.15710.
    (g) For carbon monoxide continuous emissions monitoring systems,
document the results of your daily drift tests and quarterly accuracy
determinations according to Procedure 1 of appendix F of 40 CFR part
60.
    (h) Records of the calibration of any monitoring devices required
under Sec.  62.15705.
    (i) The results of the initial, annual, and any subsequent
performance tests conducted to determine compliance with the emission
limits and/or to establish operating limits, as applicable. Retain a
copy of the complete test report including calculations and a
description of the types of waste burned during the test.
    (j) Records showing the names of OSWI unit operators who have
completed review of the information in Sec.  62.15565(a) as required by
Sec.  62.15565(b), including the date of the initial review and all
subsequent annual reviews.
    (k) Records showing the names of the OSWI unit operators who have
completed the operator training requirements under Sec.  62.15535, met
the criteria for qualification under Sec.  62.15550, and maintained or
renewed their qualification under Sec.  62.15555 or Sec.  62.15560.
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.
    (l) For each qualified operator, the phone and/or pager number at
which they can be reached during operating hours.
    (m) Equipment vendor specifications and related operation and
maintenance requirements for the incinerator, emission controls, and
monitoring equipment.
    (n) The information listed in Sec.  62.15565(a).

Sec.  62.15725  Where and in what format must I keep my records?

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

Sec.  62.15730  What reports must I submit?

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

Sec.  62.15740  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.  62.15620, as applicable.
    (b) The values for the site-specific operating limits established
in Sec.  62.15585 or Sec.  62.15595.
    (c) The waste management plan, as specified in Sec. Sec.  62.15520
through 62.15530.

Sec.  62.15745  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.  62.15740. You must submit
subsequent reports no more than 12 months following the previous
report.

Sec.  62.15750  What information must I include in my annual report?

    The annual report required under Sec.  62.15745 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.
62.15755 through 62.15765.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and
signature, certifying the truth, accuracy, and completeness of the
report. Such certifications must also comply with the requirements of
40 CFR part 70.5(d) or 40 CFR part 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting
period.
    (d) The values for the operating limits established pursuant to
Sec.  62.15585 or Sec.  62.15595.
    (e) If no deviation from any emission limitation or operating limit
that applies to you has been reported, a statement that there was no
deviation from the emission limitations or operating limits during the
reporting period, and that no monitoring system used to determine
compliance with the emission limitations or operating limits was
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded
12-hour average, as applicable, for carbon monoxide emissions and the
highest recorded 3-hour average and the lowest recorded 3-hour average,
as applicable, for each operating parameter recorded for the calendar
year being reported.
    (g) Information recorded under Sec.  62.15715(b)(6) and (c) through
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting
period, the results of that test.
    (i) If you met the requirements of Sec.  62.15650(a) or (b), and
did not conduct a performance test during the reporting period, you
must state that you met the requirements of Sec.  62.15650(a) or (b),
and, therefore, you were not required to conduct a performance test
during the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators
were unavailable for more than 12 hours, but less than two weeks.

Sec.  62.15755  What else must I report if I have a deviation from the
operating limits or the emission limitations?

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

Sec.  62.15760  What must I include in the deviation report?

    In each report required under Sec.  62.15755, for any pollutant or
operating parameter that deviated from the emission limitations or
operating limits specified in this subpart, include the seven items
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission
limitations or operating limits and your corrective actions.

    (d) A copy of the operating limit monitoring data during each
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor
downtime incidents (other than downtime associated with zero, span, and
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup,
shutdown, or malfunction, or during another period.
    (g) The dates, times, and durations of any bypass of the control
device.

Sec.  62.15765  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 two weeks or
more, you must take the two actions in paragraphs (a)(1) and (2) of
this section.
    (1) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (a)(1)(i) through (iii) of this
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will
be available.
    (2) Submit a status report to the EPA every 4 weeks that includes
the three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be
accessible.
    (iii) Request approval from the EPA to continue operation of the
OSWI unit.
    (b) If your unit was shut down by the EPA, under the provisions of
Sec.  62.15570(c)(2), due to a failure to provide an accessible
qualified operator, you must notify the EPA that you are resuming
operation once a qualified operator is accessible.

Sec.  62.15770  Are there any other notifications or reports that I
must submit?

    Yes. You must submit notifications as provided by Sec.  60.7.

Sec.  62.15775  In what form can I submit my reports?

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

Sec.  62.15780  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.

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

Sec.  62.15785  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a
curtain of air across an open, integrated combustion chamber (fire box)
or open pit or trench (trench burner) in which combustion occurs. For
the purpose of this subpart, air curtain incinerators include both
firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in
paragraphs (b)(1) through (4) of this section are required to meet only
the requirements in Sec. Sec.  62.15785 through 62.15820 and are exempt
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or
yard waste.

Sec.  62.15790  When must I comply if my air curtain incinerator burns
only wood waste, clean lumber, and yard waste?

    You must achieve compliance by [A DATE WILL BE INSERTED WHICH WILL
BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE
Federal Register]. You must submit a notification to the Administrator
postmarked within 10 business days after [A DATE WILL BE INSERTED WHICH
WILL BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE
Federal Register.

Sec.  62.15795  What must I do if I close my air curtain incinerator
that burns only wood waste, clean lumber, and yard waste and then
restart it?

    (a) If you close your incinerator and re-start it, but will reopen
it prior to the final compliance date in your State plan, you must
achieve compliance by [A DATE WILL BE INSERTED WHICH WILL BE THREE
YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal
Register].
    (b) If you close your incinerator but will restart it after your
final compliance date, you must meet the emission limitations in Sec.
62.15805 on the date your incinerator restarts operation.

Sec.  62.15800  What must I do if I plan to permanently close my air
curtain incinerator that burns only wood waste, clean lumber, and yard
waste and not restart it?

    You must close the unit before [A DATE WILL BE INSERTED WHICH WILL
BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE
Federal Register].

Sec.  62.15805  What are the emission limitations for air curtain
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 180 days after [A DATE WILL BE INSERTED WHICH WILL BE
THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal
Register], you must meet the two limitations specified in paragraphs
(a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all
times except during malfunctions.

Sec.  62.15810  How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of 40 CFR part 60 to determine
compliance with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8
within 180 days after [A DATE WILL BE INSERTED WHICH WILL BE THREE
YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal
Register.
    (c) After the initial test for opacity, conduct annual tests no
more than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for
more than 12 months following the date of your previous test, then you
must conduct a test for opacity upon startup of the unit.

Sec.  62.15815  What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste, clean lumber,
and yard waste?

    (a) Keep records of results of all initial and annual opacity tests
in either paper copy or computer-readable format that can be printed
upon request, unless the Administrator approves another format, for at
least five years. You must keep each record on site for at least two
years. You may keep the records off site for the remaining three years.
    (b) Make all records available for submittal to the Administrator
or for an inspector's review.
    (c) You must submit the results (each 6-minute average) of the
initial opacity tests no later than 60 days following the initial test.
Submit annual opacity test results within 12 months following the
previous report.
    (d) Submit initial and annual opacity test reports as electronic or
paper copy

on or before the applicable submittal date.
    (e) Keep a copy of the initial and annual reports for a period of
five years. You must keep each report on site for at least two years.
You may keep the reports off site for the remaining three years.

Sec.  62.15820  Am I required to apply for and obtain a title V
operating permit for my air curtain incinerator that burns only wood
waste, clean lumber, and yard waste?

    Yes. If your air curtain incinerator is subject to this subpart,
you are required to apply for and obtain a title V operating permit as
specified in Sec. Sec.  62.15825 and 62.15830.

Title V Operating Permits

Sec.  62.15825  Am I required to apply for and obtain a title V
operating permit for my existing unit?

    Yes. If you are subject to the requirements of this subpart, you
are required to apply for and obtain a title V operating permit unless
you meet the relevant requirements for an exemption specified in Sec.
62.15485.

Sec.  62.15830  When must I submit a title V permit application for my
existing unit?

    (a)(1) If your existing unit is not subject to an earlier permit
application deadline, a complete title V permit application must be
submitted on or before the earlier of the dates specified in paragraphs
(a)(1)(i) through (iii) of this section. (See sections 129(e), 503(c),
503(d), and 502(a) of the Clean Air Act and 40 CFR parts 70.5(a)(1)(i)
and 40 CFR part 71.5(a)(1)(i).)
    (i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
    (ii) [A DATE WILL BE INSERTED WHICH WILL BE ONE YEAR AFTER DATE THE
FINAL RULE IS PUBLISHED IN THE Federal Register].
    (iii) December 16, 2008.
    (2) For any existing incineration unit not subject to an earlier
permit application deadline, the application deadline of 36 months
after the promulgation of 40 CFR part 60, subpart FFFF, applies
regardless of whether or when any applicable Federal plan is effective,
or whether or when any applicable Clean Air Act section 111(d)/129
State or Tribal plan is approved by the EPA and becomes effective.
    (b) If your existing unit is subject to title V as a result of some
triggering requirement(s) other than those specified in paragraph (a)
of this section (for example, a unit may be a major source or part of a
major source), then your unit may be required to apply for a title V
permit prior to the deadlines specified in paragraph (a). If more than
one requirement triggers a source's obligation to apply for a title V
permit, the 12-month timeframe for filing a title V permit application
is triggered by the requirement which first causes the source to be
subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR
part 70.3(a) and (b), 40 CFR parts 70.5(a)(1)(i), 40 CFR parts 71.3(a)
and (b), and 40 CFR parts 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR parts 70.5(a)(2)
or 40 CFR part 71.5(a)(2). You must submit a complete permit
application by the relevant application deadline in order to operate
after this date in compliance with Federal law. (See sections 503(d)
and 502(a) of the Clean Air Act and 40 CFR parts 70.7(b) and 40 CFR
part 71.7(b).)

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

Sec.  62.15835  What are the requirements for temporary-use
incinerators and air curtain incinerators used in disaster recovery?

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

Delegation of Authority

Sec.  62.15840  What authorities are withheld by the EPA?

    The following authorities are withheld by the EPA and not
transferred to the State or Tribe:
    (a) Approval of alternatives to the emission limitations in Table 1
of this subpart and operating limits established under Sec.  62.15585
and Table 2 of this subpart.
    (b) Approval of petitions submitted pursuant to the requirements of
Sec.  62.15595 establishing operating parameters when using controls
other than a dry scrubber followed by a fabric filter, a wet scrubber,
or a dry scrubber followed by a fabric filter and a wet scrubber.
    (c) Approval of major alternatives to test methods established
under Sec.  62.15610 and Table 1 of this subpart.
    (d) Approval of major alternatives to monitoring requirements
established under Sec. Sec.  62.15665 through 62.15710 and Table 2 of
this subpart.
    (e) Approval of major alternatives to recordkeeping and reporting
requirements of this subpart.
    (f) Approval of requests submitted pursuant to the requirements in
Sec.  62.15570(c)(2){time} .

Equations

Sec.  62.15845  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7
percent oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP18DE06.030

Where:

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

    (b) Capacity of a very small municipal waste combustion unit. For
very small municipal waste combustion units that can operate
continuously for 24-hour periods, calculate the unit capacity based on
24 hours of operation at the maximum charge rate. To determine the
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design
based on heat input capacity, calculate the maximum charging rate based
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts
refuse-derived fuel, use a heating value of 12,800 kilojoules per
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts
municipal solid waste, use a heating value of 10,500 kilojoules per
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit.
Calculate the capacity of a batch OSWI unit as the maximum design
amount of municipal solid waste it can charge per batch multiplied by
the maximum number of batches it can process in 24 hours. Calculate the
maximum number of batches by dividing 24 by the number of hours needed
to process one batch. Retain fractional batches in the calculation. For
example, if one batch requires 16 hours, the OSWI unit can combust 24/
16, or 1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant
rates (Eh) are obtained (e.g., CEMS values), compute the
rolling average carbon monoxide pollutant rate (Ea) for each
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TP18DE06.031

Where:

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

Definitions

Sec.  62.15850  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean
Air Act and 40 CFR part 60, subpart A (General Provisions).
    Administrator means the Administrator of the EPA, an employee of
the EPA, the Director of the State air pollution control agency, or
employee of the State air pollution control agency to whom the
authority has been delegated by the Administrator of the EPA to perform
the specified task.
    Air curtain incinerator means an incineration unit operating by
forcefully projecting a curtain of air across an open, integrated
combustion chamber (fire box) or open pit or trench (trench burner) in
which combustion occurs. For the purpose of this subpart only, air
curtain incinerators include both firebox and trench burner units.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel
oil, or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the
production or use of anti-neoplastic agents used for the purpose of
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per
day of municipal solid waste or other solid wastes based on an annual
average;
    (2) Is located on a site where there is no evidence of groundwater
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if
connected by road, is located more than 50 miles from a Class I
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an
interruption in access to surface transportation, preventing access to
a Class I municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a
landfill located in an area that annually receives 25 inches or less of
precipitation.
    Class III municipal solid waste landfill is a landfill that is not
connected by road to a Class I municipal solid waste landfill, as
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by
road, is located more than 50 miles from a Class I municipal solid
waste landfill, and

that accepts, for disposal, either of the following two criteria:
    (1) Ash from incinerated municipal waste in quantities less than
one ton per day on an annual average, which ash must be free of food
scraps that might attract animals; or
    (2) Less than five tons per day of municipal solid waste, based on
an annual average, and is not located in a place that meets either of
the following criteria:
    (i) Where public access is restricted, including restrictions on
the right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally
by persons who are required to reside there as a condition of
employment and who do not consider the place to be their permanent
residence.
    Clean lumber means wood or wood products that have been cut or
shaped and include wet, air-dried, and kiln-dried wood products. Clean
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper
arsenate, pentachlorophenol, and creosote, or manufactured wood
products that contain adhesives or resins (e.g., plywood, particle
board, flake board, and oriented strand board).
    Collected from means the transfer of material from the site at
which the material is generated to a separate site where the material
is burned.
    Contained gaseous material means gases that are in a container when
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring
system for continuously measuring and recording the emissions of a
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the
requirements in Sec.  62.15460, or an owner or operator of such source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation,
operating limit, or operator qualification and accessibility
requirements;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any unit that meets requirements
in Sec.  62.15460 and is required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or
operator qualification and accessibility requirement in this subpart
during startup, shutdown, or malfunction, regardless of whether or not
such failure is allowed by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from
combustion for useful purposes such as steam generation or process
heating.
    EPA means the Administrator of the EPA or employee of the EPA that
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or
operated by an organization having a governmental, educational, civic,
or religious purpose such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart)
that is combusted at any institutional facility using controlled flame
combustion in an enclosed, distinct operating unit: Whose design does
not provide for energy recovery (as defined in this subpart); operated
without energy recovery (as defined in this subpart); or operated with
only waste heat recovery (as defined in this subpart). Institutional
waste also means solid waste (as defined in this subpart) combusted on
site in an air curtain incinerator that is a distinct operating unit of
any institutional facility.
    Institutional waste incineration unit means any combustion unit
that combusts institutional waste (as defined in this subpart), and is
a distinct operating unit of the institutional facility that generated
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration
units operating with starved or excess air, and any air curtain
incinerator that is a distinct operating unit of the institutional
facility that generated the institutional waste (except those air
curtain incinerators listed in Sec.  62.15500(b).
    Intermittent OSWI unit means an OSWI unit that is designed to allow
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains
radioactive nuclides emitting primarily beta or gamma radiation, or
both, in concentrations or quantities that exceed applicable Federal or
State standards for unrestricted release. Low-level radioactive waste
is not high-level radioactive waste, spent nuclear fuel, or byproduct
material as defined by the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
    Metropolitan Statistical Area means any areas listed as
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled
``Update of Statistical Area Definitions and Guidance on Their Uses''
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/
).

    Modification or modified unit means an incineration unit you have
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
unit (not including the cost of land) updated to current costs (current
dollars). For an OSWI unit, to determine what systems are within the
boundary of the unit used to calculate these costs, see the definition
of OSWI unit.
    (2) Any physical change in the OSWI unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
    Municipal solid waste means refuse (and refuse-derived fuel)
collected from the general public and from residential, commercial,
institutional, and industrial sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather, rubber, and other combustible
materials and non-combustible materials such as metal, glass and rock,
provided that: (A) the term does not include industrial process wastes
or medical wastes that are segregated from such other wastes; and (B)
an incineration unit shall not be considered to be combusting municipal
waste for purposes of this subpart if it combusts a fuel feed stream,
30 percent or less of the weight of which is comprised, in aggregate,
of municipal waste, as determined by Sec.  62.15485(c).
    Municipal waste combustion unit means, for the purpose of this
subpart, any setting or equipment that combusts municipal solid waste
(as defined in this subpart) including, but not limited to, field-
erected, modular, cyclonic burn barrel, and custom built incineration
units (with or without energy recovery) operating with starved or
excess air, boilers, furnaces, pyrolysis/combustion units, and air
curtain incinerators

(except those air curtain incinerators listed in Sec.  62.15500(b)).
    Other solid waste incineration (OSWI) unit means either a very
small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this subpart. Unit types listed in
Sec.  62.15485 as being excluded from the subpart are not OSWI units
subject to this subpart. While not all OSWI units will include all of
the following components, an OSWI unit includes, but is not limited to,
the municipal or institutional solid waste feed system, grate system,
flue gas system, waste heat recovery equipment, if any, and bottom ash
system. The OSWI unit does not include air pollution control equipment
or the stack. The OSWI unit boundary starts at the municipal or
institutional waste hopper (if applicable) and extends through two
areas:
    (1) The combustion unit flue gas system, which ends immediately
after the last combustion chamber or after the waste heat recovery
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck
loading station or similar equipment that transfers the ash to final
disposal. The OSWI unit includes all ash handling systems connected to
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI
units as measured by Method 5 or Method 29 of appendix A of 40 CFR part
60.
    Pathological waste means waste material consisting of only human or
animal remains, anatomical parts, and/or tissue, the bags/containers
used to collect and transport the waste material, and animal bedding
(if applicable).
    Reconstruction means rebuilding an incineration unit and meeting
two criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the
incineration unit exceeds 50 percent of the original cost of building
and installing the unit (not including land) updated to current costs
(current dollars). For an OSWI unit, to determine what systems are
within the boundary of the unit used to calculate these costs, see the
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced
by processing municipal solid waste through shredding and size
classification. This includes all classes of refuse-derived fuel
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been
combusted in the primary chamber. For continuous OSWI, shutdown shall
commence no less than 2 hours after the last charge to the incinerator.
For intermittent OSWI, shutdown shall commence no less than 4 hours
after the last charge to the incinerator. For batch OSWI, shutdown
shall commence no less than 5 hours after the high-air phase of
combustion has been completed.
    Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations, and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a
temperature of 68[deg] F (20[deg] C) and a pressure of 1 atmosphere
(101.3 kilopascals).
    Startup period means the period of time between the activation of
the system and the first charge to the OSWI unit. For batch OSWI,
startup means the period of time between activation of the system and
ignition of the waste.
    Very small municipal waste combustion unit means any municipal
waste combustion unit that has the capacity to combust less than 35
tons per day of municipal solid waste or refuse-derived fuel, as
determined by the calculations in Sec.  62.15845.
    Waste heat recovery means the process of recovering heat from the
combustion flue gases by convective heat transfer only.
    Wet scrubber means an add-on air pollution control device that
utilizes 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.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products
that have been painted, pigment-stained, or pressure treated by
compounds such as chromate copper arsenate, pentachlorophenol, and
creosote, or manufactured wood products that contain adhesives or
resins (e.g., plywood, particle board, flake board, and oriented strand
board).
    Yard waste means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs. Yard waste comes from residential,
commercial/retail, institutional, or industrial sources as part of
maintaining yards or other private or public lands. Yard waste does not
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.

Tables to Subpart KKK of Part 62

                            Table 1 of Subpart KKK of Part 62.--Emission Limitations
                       [As stated in Sec.   62.15575, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                                                                                And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission limitation a             time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of 40 CFR part 60.
                                                                 per run).

2. Carbon monoxide...................  40 parts per million by  3-run average (1 hour    Method 10, 10A, or 10B
                                        dry volume.              minimum sample time      of appendix A of 40
                                                                 per run during           CFR part 60 and CEMS.
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS b.
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
                                        standard cubic meter.    minimum sample time      of 40 CFR part 60.
                                                                 per run).
4. Hydrogen chloride.................  15 parts per million by  3-run average (1 hour    Method 26A of appendix
                                        dry volume.              minimum sample time      A of 40 CFR part 60.
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of 40 CFR part 60.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of 40 CFR part 60.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of 40 CFR part 60.
                                                                 hour test runs; i.e.,
                                                                 thirty 6-minute
                                                                 averages).
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                part 60. ASME PTC
                                                                                19.10-1981--Part 10 is
                                                                                an acceptable
                                                                                alternative to Method
                                                                                7 and 7C only (IBR,
                                                                                see Sec.   60.17(h)).
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of 40 CFR
                                                                 per run).                part 60.
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of 40 CFR
                                                                 per run).                part 60, or ANSI/ASME
                                                                                PTC 19.10-1981 (IBR,
                                                                                see Sec.   60.17(h))
                                                                                in lieu of Method 6
                                                                                only.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
b Calculated each hour as the average of the previous 12 operating hours.

             Table 2 of Subpart KKK of Part 62.--Operating Limits for Incinerators and Wet Scrubbers
                       [As stated in Sec.   62.15585, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating parameters     these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                rolling for
                                                                                continuous and
                                                                                intermittent
                                                                                units. a
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling. a
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling. a
4. Scrubber liquor pH...........  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling. a
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.

       Table 3 of Subpart KKK of Part 62.--Requirements for Continuous Emission Monitoring Systems (CEMS)
                       [As stated in Sec.   62.15675, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                                                                                If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS   in appendix B of 40 CFR   methods in appendix A
                                                                 part 60 for your CEMS     of 40 CFR part 60 to
                                                                                collect data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                ANSI/ASME PTC 19.10-
                                                                                1981 (IBR, see Sec.
                                                                                60.17(h)) in lieu of
                                                                                Method 3B only.
----------------------------------------------------------------------------------------------------------------

                      Table 4 of Subpart KKK of Part 62.--Summary of Reporting Requirements
                       [As stated in Sec.   62.15730, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
1. Initial test report...............  a. No later than 60      i. Complete test report  Sec.   62.15740.
                                        days following the       for the initial
                                        initial performance      performance test; and
                                        test.
                                                                ii. The values for the   Sec.   62.15740.
                                                                 site-specific
                                                                 operating limits.
2. Waste management plan.............  a. No later than 60      i. Reduction or          Sec.  Sec.   62.15520
                                        days following the       separation of            through 62.15530.
                                        initial performance      recyclable materials;
                                        test.                    and
                                                                ii. Identification of    Sec.  Sec.   62.15520
                                                                 additional waste         through 62.15530.
                                                                 management measures
                                                                 and how they will be
                                                                 implemented.
3. Annual report.....................  a. No later than 12      i. Company Name and      Sec.  Sec.   62.15745
                                        months following the     address;                 through 62.15750.
                                        submission of the
                                        initial test report.
                                        Subsequent reports are
                                        to be submitted no
                                        more than 12 months
                                        following the previous
                                        report.
                                                                ii. Statement and        Sec.  Sec.   62.15745
                                                                 signature by the owner   through 62.15750.
                                                                 or operator;
                                                                iii. Date of report;...  Sec.  Sec.   62.15745
                                                                                through 62.15750.
                                                                iv. Values for the       Sec.  Sec.   62.15745
                                                                 operating limits;        through 62.15750.
                                                                v. If no deviations or   Sec.  Sec.   62.15745
                                                                 malfunctions were        through 62.15750.
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period;
                                                                vi. Highest and lowest   Sec.  Sec.   62.15745
                                                                 recorded 12-hour         through 62.15750.
                                                                 averages, as
                                                                 applicable, for carbon
                                                                 monoxide emissions and
                                                                 highest and lowest
                                                                 recorded 3-hour
                                                                 averages, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported;
                                                                vii. Information for     Sec.  Sec.   62.15745
                                                                 deviations or            through 62.15750.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 62.15715(b)(6) and (c)
                                                                 through (e);
                                                                viii. If a performance   Sec.  Sec.   62.15745
                                                                 test was conducted       through 62.15750.
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test;
                                                                ix. If a performance     Sec.  Sec.   62.15745
                                                                 test was not conducted   through 62.15750.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   60.2934(a)
                                                                 or (b) were met; and
                                                                x. Documentation of      Sec.  Sec.   62.15745
                                                                 periods when all         through 62.15750.
                                                                 qualified OSWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 12 hours but less
                                                                 than 2 weeks.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E6-21285 Filed 12-15-06; 8:45 am]

BILLING CODE 6560-50-P