Proposed Rule: Air Pollution Standards of Performance For New Stationary Sources: Solid Waste Incineration Units Federal Plan Requirements

Monday,
December 18, 2006
Part II
Environmental
Protection Agency
40 CFR Part 62
Federal Plan Requirements for Other
Solid Waste Incineration Units
Constructed on or Before December 9,
2004; Proposed Rule
pwalker on PRODPC60 with PROPOSALS2
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75816 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Proposed Rules
ENVIRONMENTAL PROTECTION Mail: Send your comments to: EPA www.regulations.gov index. Although
AGENCY Docket Center (EPA/DC), Environmental listed in the index, some information is
Protection Agency, Mailcode: 6102T, not publicly available, i.e., CBI or other
40 CFR Part 62 1200 Pennsylvania Ave., NW., information whose disclosure is
Washington, DC 20460, Attention restricted by statute. Certain other
[EPA–HQ–OAR–2006–0364; FRL–8254–9] Docket ID No. EPA–HQ–OAR–2006– material, such as copyrighted material,
0364. Please include a total of two is not placed on the Internet and will be
RIN 2060–AN43
copies. The EPA requests a separate publicly available only in hard copy.
Federal Plan Requirements for Other copy also be sent to the contact person Publicly available docket materials are
Solid Waste Incineration Units identified below (see FOR FURTHER available either electronically at http://
Constructed on or Before December 9, INFORMATION CONTACT). www.regulations.gov or in hard copy at
2004 Hand Delivery: EPA Docket Center the EPA Docket Center (EPA/DC), EPA
(EPA/DC), EPA West Building, Room West Building, Room B102, 1301
AGENCY: Environmental Protection B108, 1301 Constitution Ave., NW., Constitution Ave., NW., Washington,
Agency (EPA). Washington, DC, 20460, Attention DC. The Public Reading Room is open
ACTION: Proposed rule. Docket ID No. EPA–HQ–OAR–2006– from 8:30 a.m. to 4:30 p.m., Monday
0364. Such deliveries are accepted only through Friday, excluding legal
SUMMARY: On December 16, 2005, the during the normal hours of operation holidays. The telephone number for the
EPA promulgated emission guidelines (8:30 a.m. to 4:30 p.m., Monday through Public Reading Room is (202) 566–1744,
(EG) for existing ‘‘other’’ solid waste Friday, excluding legal holidays), and and the telephone number for the EPA
incineration (OSWI) units. Sections 111 special arrangements should be made Docket Center is (202) 566–1742.
and 129 of the Clean Air Act (CAA) for deliveries of boxed information.
require States with existing OSWI units Instructions: Direct your comments to Note: The EPA Docket Center suffered
subject to the EG to submit plans to the Docket ID No. EPA–HQ–OAR–2006– damage due to flooding during the last week
0364. EPA’s policy is that all comments of June 2006. The Docket Center is
EPA that implement and enforce the
received will be included in the public continuing to operate. However, during the
emission guidelines. Indian Tribes may cleanup, there will be temporary changes to
submit, but are not required to submit, docket without change and may be
Docket Center telephone numbers, addresses,
Tribal plans to implement and enforce made available online at http://
and hours of operation for people who wish
the EG in Indian country. State plans are www.regulations.gov, including any to make hand deliveries or visit the Public
due from States with OSWI units subject personal information provided, unless Reading Room to view documents. Consult
to the EG on December 16, 2006. If a the comment includes information EPA’s Federal Register notice at 71 FR 38147
State or Tribe with existing OSWI units claimed to be Confidential Business (July 5, 2006) or the EPA Web site at
does not submit an approvable plan, Information (CBI) or other information http://www.epa.gov/epahome/dockets.htm
sections 111(d) and 129 of the CAA whose disclosure is restricted by statute. for current information on docket operations,
require the EPA to develop, implement, Do not submit information that you locations, and telephone numbers. The
and enforce a Federal plan for OSWI consider to be CBI or otherwise Docket Center’s mailing address for U.S. mail
protected through http:// and the procedure for submitting comments
units located in that State or Tribal area to www.regulations.gov are not affected by
within 2 years after promulgation of the www.regulations.gov or e-mail. The
http://www.regulations.gov Web site is the flooding and will remain the same.
EG (December 16, 2007). This action
proposes a Federal plan to implement an ‘‘anonymous access’’ system, which
means EPA will not know your identity FOR FURTHER INFORMATION CONTACT: For
EG for OSWI units located in States and information concerning specific aspects
Indian country without effective State or or contact information unless you
provide it in the body of your comment. of this proposal, contact Ms. Martha
Tribal plans. On the effective date of an Smith, Natural Resources and
approved State or Tribal plan, the If you send an e-mail comment directly
to EPA without going through http:// Commerce Group, Sector Policies and
Federal plan would no longer apply to Programs Division (E143–03), U.S. EPA,
OSWI units covered by the State or www.regulations.gov, your e-mail
address will be automatically captured Research Triangle Park, North Carolina
Tribal plan. 27711; telephone number: (919) 541–
and included as part of the comment
DATES: Comments must be received on 2421; e-mail address:
that is placed in the public docket and
or before February 16, 2007. made available on the Internet. If you smith.martha@epa.gov. For technical
Public Hearing. If anyone contacts submit an electronic comment, EPA information, contact Ms. Mary Johnson,
EPA by January 8, 2007 requesting to recommends that you include your Energy Strategies Group, Sector Policies
speak at a public hearing, EPA will hold name and other contact information in Program Division (D243–01), U.S. EPA,
a public hearing on January 22, 2007. If the body of your comment with any disk Research Triangle Park, NC 27711;
you are interested in attending the or CD–ROM you submit. If EPA cannot telephone number: (919) 541–5025; e-
public hearing, contact Ms. Dorothy read your comment due to technical mail address: johnson.mary@epa.gov.
Apple at (919) 541–4487 to verify that difficulties and cannot contact you for SUPPLEMENTARY INFORMATION:
a hearing will be held. clarification, EPA may not be able to Organization of This Document. The
ADDRESSES: Submit your comments, consider your comment. Electronic files following outline is provided to aid in
identified by Docket ID No. EPA–HQ– should avoid the use of special locating information in this preamble.
OAR–2006–0364, by one of the characters, any form of encryption, and
following methods: I. General Information
be free of any defects or viruses.
Web site: http://www.regulations.gov. A. Does this action apply to me?
Public Hearing: If a public hearing is
B. What should I consider as I prepare my

Follow the on-line instructions for held, it will be held at EPA’s Campus comments for EPA?
submitting comments. located at 109 T.W. Alexander Drive in II. Background Information
E-mail: Send your comments via Research Triangle Park, NC, or an A. What is the regulatory development
electronic mail to a-and-r- alternate site nearby. background for this proposed rule?
docket@epa.gov. Attention: Docket ID Docket: All documents in the docket B. What associated regulatory activity
No. EPA–HQ–OAR–2006–0364. are listed in the http:// preceded this proposed rule?
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Proposed Rules 75817
C. What impact does the EPA’s granting of C. What operating limits would apply? C. Regulatory Flexibility Act
a request for reconsideration have on this D. What would be the requirements for D. Unfunded Mandates Reform Act
Federal plan? OSWI air curtain incinerators? E. Executive Order 13132: Federalism
III. Affected Facilities E. What other requirements would apply? F. Executive Order 13175: Consultation
A. What is an OSWI unit? F. What is the proposed compliance and Coordination With Indian Tribal
B. Does the Federal plan apply to me? schedule? Governments
C. How do I determine if my OSWI unit is G. How did EPA determine the compliance G. Executive Order 13045: Protection of
covered by an approved and effective schedule? Children From Environmental Health
State or Tribal plan? VI. OSWI That Have or Will Shut Down and Safety Risks
IV. Elements of the OSWI Federal Plan A. Units That Plan To Close Rather Than H. Executive Order 13211: Actions That
A. Legal Authority and Enforcement Comply Significantly Affect Energy Supply,
Mechanism B. Inoperable Units Distribution or Use
B. Inventory of Affected OSWI Units C. OSWI Units That Have Shut Down I. National Technology Transfer
C. Inventory of Emissions VII. Implementation of the Federal Plan and Advancement Act
D. Emission Limitations Delegation
E. Compliance Schedules A. Background of Authority I. General Information
F. Waste Management Plan Requirements B. Delegation of the Federal Plan and A. Does this action apply to me?
G. Testing, Monitoring, Recordkeeping, Retained Authorities
and Reporting C. Mechanisms for Transferring Authority Categories and entities potentially
H. Operator Training and Qualification D. Implementing Authority
regulated by the proposed rules are very
Requirements E. OSWI Federal Plan and Indian Country
I. Record of Public Hearings VIII. Title V Operating Permits small municipal waste combustion
J. Progress Reports IX. Statutory and Executive Order Reviews (VSMWC) units and institutional waste
V. Summary of OSWI Federal Plan A. Executive Order 12866: Regulatory incineration (IWI) units. The OSWI
A. Might the proposed rules apply to me? Planning and Review Federal plan would affect the following
B. What emission limitations would apply? B. Paperwork Reduction Act categories of sources:
Category NAICS* code Examples of potentially regulated entities
Any State, local, or Tribal Government using a VSMWC 562213, 92411 Solid waste combustion units burning municipal waste
unit as defined in the regulations. collected from the general public and from residential,
commercial, institutional, and industrial sources.
Institutions using an IWI unit as defined in the regulations 922, 6111, 623, 7121 Correctional institutions, primary and secondary schools,
camps and national parks.
Any Federal Government Agency using an OSWI unit as 928 Department of Defense (labs, military bases, munitions
defined in the regulations. facilities).
Any college or university using an OSWI unit as defined 6113, 6112 Universities, colleges and community colleges.
in the regulations.
Any church or convent using an OSWI unit as defined in 8131 Churches and convents.
the regulations.
Any civic or religious organization using an OSWI unit as 8134 Civic associations and fraternal associations.
defined in the regulations.
* North American Industry Classification System.
This table is not intended to be Attention Docket ID No. EPA–HQ– a. Identify the rulemaking by docket
exhaustive, but rather provides a guide OAR–2006–0364. Clearly mark the part number and other identifying
for readers regarding entities likely to be or all of the information that you claim information (subject heading, Federal
regulated by the proposed rules. To to be CBI. For CBI information in a disk Register date and page number).
determine whether your facility would or CD ROM that you mail to EPA, mark b. Follow directions. The EPA may
be regulated by the proposed rules, you the outside of the disk or CD ROM as ask you to respond to specific questions
should examine the applicability CBI and then identify electronically or organize comments by referencing a
criteria in CAA sections 62.15460 within the disk or CD ROM the specific Code of Federal Regulations (CFR) part
through 62.15500 of the proposed information that is claimed as CBI. In or section number.
Federal plan. If you have any questions addition to one complete version of the
regarding the applicability of the c. Explain why you agree or disagree;
comment that includes information
proposed rules to a particular entity, suggest alternatives and substitute
claimed as CBI, a copy of the comment
contact either of the persons listed in language for your requested changes.
that does not contain the information
the preceding FOR FURTHER INFORMATION claimed as CBI must be submitted for d. Describe any assumptions and
CONTACT section. provide any technical information and/
inclusion in the public docket.
B. What should I consider as I prepare Information marked as CBI will not be or data that you used.
my comments for EPA? disclosed except in accordance with e. If you estimate potential costs or
procedures set forth in 40 CFR part 2. burdens, explain how you arrived at
1. Submitting CBI. Do not submit your estimate in sufficient detail to
information that you consider to be CBI If you have any questions about CBI
or the procedures for claiming CBI, allow for it to be reproduced.
electronically through
www.regulations.gov or e-mail. Send or please consult either of the persons f. Provide specific examples to
deliver information identified as CBI to identified in the FOR FURTHER illustrate your concerns, and suggest
only the following address: Mr. Roberto INFORMATION CONTACT section. alternatives.
Morales, c/o OAQPS Document Control 2. Tips for Preparing Your Comments. g. Explain your views as clearly as
Officer (Mail Drop C404–02), U.S. EPA, When submitting comments, remember possible, avoiding the use of profanity
Research Triangle Park, NC 27711, to: or personal threats.
h. Make sure to submit your As discussed in section VII.E of this C. What impact does the EPA’s granting
comments by the comment period preamble, Indian Tribes may, but are of a request for reconsideration have on
deadline identified. not required to, submit Tribal plans to this Federal plan?
Docket. The docket number for the cover OSWI units in Indian country. A
proposed Federal plan (40 CFR part 620, On February 14, 2006, subsequent to
Tribe may submit to the Administrator
subpart KKK) is Docket ID No. EPA– EPA’s promulgation of the final rule
a letter of negative declaration certifying
HQ–OAR–2005–0364. establishing the New Source
that no OSWI units are located in the Performance Standards (NSPS) and the
Worldwide Web (WWW). In addition Tribal area. No plan is required for
to being available in the docket, an Emission Guidelines (EG) for OSWI
Tribes that do not have any OSWI units. units, the Sierra Club filed a petition for
electronic copy of the proposed rules is
OSWI units located in States or Tribal reconsideration, pursuant to section
available on the WWW through the
areas that mistakenly submit a letter of 307(d)(7)(B) of the CAA.1 On June 28,
Technology Transfer Network Website
(TTN Web). Following signature, EPA negative declaration would be subject to 2006 (71 FR 36726–36730), EPA granted
will post a copy of the proposed rules the Federal plan until a State or Tribal reconsideration of one issue raised by
on the TTN’s policy and guidance page plan becomes approved and effective the Sierra Club. In granting
for newly proposed or promulgated covering those OSWI units. reconsideration on this issue, EPA
rules at http://www.epa.gov/ttn/oarpg. This action proposes a Federal plan agreed to undertake further notice and
The TTN provides information and for OSWI units that are not covered by comment proceedings related to
technology exchange in various areas of an approved State or Tribal plan as of whether sewage sludge incinerators
air pollution control. December 16, 2006. Sections 111 and should be regulated under CAA section
129 of the CAA and 40 CFR 60.27(c) and 129.2 EPA’s granting reconsideration on
II. Background Information an issue does not stay, vacate or
(d) require EPA to develop, implement,
A. What is the regulatory development otherwise influence the effective date of
and enforce a Federal plan to cover
background for this proposed rule? the OSWI regulations. Specifically, CAA
existing OSWI units located in States
section 307(d)(7)(B) provides that
Section 129 of the CAA requires EPA that do not have an approved plan ‘‘reconsideration shall not postpone the
to develop emission guidelines for, within two years after promulgation of effectiveness of the rule,’’ except that
among other things, unspecified ‘‘other the emission guidelines (by December ‘‘the effectiveness of the rule may be
categories of solid waste incineration 16, 2007, for OSWI units). The EPA is stayed during such reconsideration
units’’, herein referenced as OSWI units. proposing this Federal plan now so that * * * by the Administrator or the court
The EPA proposed emission guidelines a promulgated Federal plan will be in for a period not to exceed three
for OSWI units on December 9, 2004, place at the earliest possible date, thus months.’’ In this case, neither EPA nor
and promulgated them on December 16, ensuring timely implementation and the court stayed the effectiveness of the
2005 (70 FR 74870), to be codified at 40 enforcement of the OSWI emission final OSWI regulations in connection
CFR part 60, subpart FFFF. In writing guidelines. In addition, EPA’s timing with the reconsideration petition.
Section 129 of the CAA, Congress allows a State or Tribe the opportunity Because the existing OSWI regulations
looked first to the States as the preferred to take delegation of the Federal plan in remain in effect, EPA’s obligation under
implementers of emission guidelines for
lieu of writing a State plan. CAA section 129(b)(3) to promulgate a
existing OSWI units. To make these
Federal Plan (to implement those
emission guidelines enforceable, States B. What associated regulatory activity regulations for existing units that are not
with existing OSWI units must have preceded this proposed rule? covered by an approved and effective
submitted to EPA within one year
Regulations have been developed for State plan) remains unchanged.3
following promulgation of the emission
each of the listed categories of solid Therefore, EPA is complying with its
guidelines (by December 16, 2006) State
statutory obligations by issuing today’s
plans that implement and enforce the waste incineration unit except for the
proposed Federal Plan for OSWI units.
emission guidelines. For States or Tribes ‘‘other categories of solid waste
that do not have an EPA-approved and incineration units.’’ This notice If, after reconsidering any issues
effective plan, EPA must develop and proposes regulations for these ‘‘other’’ raised in the petition for
implement a Federal plan within two (or OSWI) units. Several previous reconsideration, EPA revises the OSWI
years following promulgation of the notices have been published regarding rules, EPA plans to make corresponding
emission guidelines (by December 16, OSWI regulatory development (58 FR changes to the final Federal Plan. Thus,
2007). The EPA sees the Federal plan as by this notice, we are informing the
31358, June 2, 1993; 58 FR 58498,
an interim measure to ensure that public that EPA is reconsidering this
November 2, 1993; 65 FR 67367,
congressionally mandated emission same issue (e.g., involving sewage
November 9, 2000). In the November 9, sludge incinerators) as it pertains to the
standards are implemented until States 2000 notice, EPA revised the OSWI
assume their role as the preferred OSWI Federal Plan as well, and if the
regulatory schedule to promulgate Federal Plan is finalized after EPA final
implementers of the emissions regulations by November 2005. This was
guidelines. Thus, the EPA encourages action on reconsideration, it too will
subsequently incorporated into a reflect EPA’s final decision on the issue.
States to either use the Federal plan as
consent decree, requiring that EPA
a template to reduce the effort needed
propose regulations for the OSWI source 1 The Sierra Club also filed a petition for review
to develop their own plans or to simply
category by November 30, 2004, and in the D.C. Circuit, challenging the final OSWI rule.
take delegation to directly implement Sierra Club v. EPA, No. 06–1066 (D.C. Cir.). That
and enforce the guidelines. States promulgate by November 30, 2005. We
case is being held in abeyance while EPA
without any existing OSWI units are proposed regulations on December 9, undertakes its reconsideration proceeding.
required to submit to the Administrator 2004. On December 16, 2005, we 2 EPA will respond to other issues raised in the
a letter of negative declaration certifying promulgated EG for OSWI constructed petition for reconsideration no later than when it
on or before December 9, 2004 (70 FR takes final action on the sewage sludge issue, which
that there are no OSWI units in the EPA expects to be no later than January 2007.
State. No plan is required for States that 74870), which are to be implemented 3 Similarly, the obligations of States and sources
do not have any OSWI units. via today’s proposed rulemaking. are unaffected by EPA’s reconsidering one issue.
III. Affected Facilities began reconstruction or modification of or Tribe submits a plan after
your OSWI unit prior to June 16, 2006, promulgation of the OSWI Federal plan
A. What is an OSWI unit?
it is considered an existing OSWI unit final rule, EPA will review and approve
The term OSWI unit means either a and could be subject to the Federal plan. or disapprove the State or Tribal plan.
very small municipal waste combustion Likewise, if you began reconstruction or If EPA approves a plan, then the Federal
unit or an institutional waste modification of your OSWI unit on or plan would no longer apply to OSWI
incineration unit, as defined in after June 16, 2006, it is considered a units covered by the State or Tribal plan
proposed 40 CFR part 62, subpart KKK. new OSWI unit and is subject to the as of the effective date of the State or
Seventeen types of combustion units, NSPS. Tribal plan. If an OSWI unit were
which are listed in CAA section Your existing OSWI unit would be overlooked by a State or Tribe and the
62.15845 of proposed subpart KKK are subject to this Federal plan if on the State or Tribe submitted a negative
conditionally exempt from specific effective date of the Federal plan, EPA declaration letter, or if an individual
provisions of the proposed Federal plan. has not approved a State or Tribal Plan OSWI unit were not covered by an
that covers your unit, or the EPA- approved and effective State or Tribal
B. Does the Federal plan apply to me?
approved State or Tribal plan has not plan, the OSWI unit would be subject to
The proposed Federal plan will apply become effective. The specific this Federal plan.
to you if you are the owner or operator applicability of this plan is described in
of an OSWI unit, including any OSWI C. How do I determine if my OSWI unit
CAA sections 62.15460 through
air curtain incinerator (ACI), not is covered by an approved and effective
62.15500 of proposed subpart KKK.
covered by an approved and effective State or Tribal plan?
Once an approved State or Tribal plan
State or Tribal plan as of the date of is in effect, the Federal plan will no Part 62 of Title 40 of the Code of
promulgation of the Federal plan. The longer apply to an OSWI unit covered Federal Regulations identifies the
Federal plan proposed herein would by such plan. An approved State or approval and promulgation of sections
cover your OSWI unit until EPA should Tribal plan is a plan developed by a 111(d) and section 129 State or Tribal
approve a State or Tribal plan that State or Tribe that EPA has reviewed plans for designated facilities in each
would cover your OSWI unit and that and approved based on the State or area of Indian Country.
plan should become effective. requirements in 40 CFR part 60, subpart However, 40 CFR part 62 is updated
If you began the construction of your B to implement and enforce 40 CFR part once per year. Thus, if 40 CFR part 62
OSWI unit on or before December 9, 60, subpart DDDD. The State or Tribal does not indicate that your State or
2004, it is considered an existing OSWI plan is effective on the date specified in Tribal area has an approved and
unit and could be subject to the Federal the notice published in the Federal effective plan, you should contact your
plan. If you began the construction of Register announcing EPA’s approval of State environmental agency’s air
your OSWI unit after December 9, 2004, the plan. director or your EPA Regional Office to
it is considered a new OSWI unit and The EPA’s promulgation of an OSWI determine if approval occurred since
is subject to the new source Federal plan will not preclude States or publication of the most recent version of
performance standards (NSPS). If you Tribes from submitting a plan. If a State 40 CFR part 62.
EPA REGIONAL CONTACTS FOR OSWI

Region Contact Phone/fax States and protectors
I .................... EPA New England, Director, Air Compliance Pro- 617–918–1650, 617–918–1505 (fax) CT, ME, MA, NH, RI, VT.
gram, 1 Congress Street, Suite 1100 (SEA),
Boston, MA 02114–2023.
II ................... U.S. EPA Region 2, Air Compliance Branch, 290 212–637–4080, 212–637–3998 (fax) NJ, NY, Puerto Rico, Virgin Islands.
Broadway, New York, NY 10007.
III .................. U.S. EPA Region 3, Chief, Air Enforcement 215–814–3438, 215–814–2134 (fax) DE, DC, MD, PA, VA, WV.
Branch (3AP12), 1650 Arch Street, Philadel-
phia, PA 19103–2029.
IV .................. U.S. EPA Region 4, Air and Radiation Tech- 404–562–9105, 404–562–9095 (fax) AL, FL, GA, KY, MS, NC, SC, TN.
nology Branch, Atlanta Federal Center, 61
Forsyth Street, Atlanta, GA 30303–3104.
V ................... U.S. EPA Region 5, Air Enforcement and Compli- 312–353–2088, 312–353–2018 (fax) IL, IN, MN, OH, WI.
ance Assurance Branch (AR–18J), 77 West
Jackson Boulevard, Chicago, IL 60604–3590.
VI .................. U.S. EPA Region 6, Chief, Toxics Enforcement 214–665–7224, 214–665–7446 (fax) AR, LA, NM, OK, TX.
Section (6EN–AT), 1445 Ross Avenue, Dallas,
TX 75202–2733.
VII ................. U.S. EPA Region 7, Air Permitting and Compli- 913–551–7020, 913–551–7844 (fax) IA, KS, MO, NE.
ance Branch (ARTD/APCO–2119F), 901 N. 5th
Street, Kansas City, KS 66101.
VIII ................ U.S. EPA Region 8, Air and Radiation Program 303–312–6526, 303–312–6064 (fax) CO, MT, ND, SD, UT, WY.
Air Technical Assistance Unit (Mail Code 8P—
AR), 999 18th Street, Suite 200, Denver, CO
80202.
IX .................. U.S. EPA Region 9, Air Division, 75 Hawthorne 415–947–4200, 415–744–1076 (fax) AZ, CA, HI, NV, American Samoa,
Street, San Francisco, CA 94105. Guam.
X ................... U.S. EPA Region 10, Office of Air Quality, 1200 206–553–1602, 206–553–0110 (fax) AK, ID, OR, WA.
Sixth Avenue, Seattle, WA 98101.
IV. Elements of the OSWI Federal Plan authority and mechanisms for public hearing, and (10) progress
Because EPA is proposing a Federal implementation, (2) inventory of OSWI reporting. See 40 CFR part 60 subparts
plan to cover OSWI units located in units, (3) emissions inventory, (4) B and C and sections 111 and 129 of the
States and areas of Indian Country emission limitations, (5) compliance CAA. Each plan element is described
where plans are not in effect, EPA has schedules, (6) waste management plan, below as it relates to this proposed
elected to include in this proposal the (7) testing, monitoring, inspection, OSWI Federal plan. The table below
same elements as are required for State reporting, and recordkeeping, (8) lists each element and identifies where
plans: (1) Identification of legal operator training and qualification, (9) it is located or codified.
ELEMENTS OF THE OSWI FEDERAL PLAN

Legal authority and enforcement mechanism .......................................... Sections 129(b)(3) 111(d), 301(a), and 301(d)(4) of the CAA.
Inventory of Affected MWC Units ............................................................. Docket EPA–HQ–OAR–2003–0156.
Inventory of Emissions ............................................................................. Docket EPA–HQ–OAR–2003–0156.
Emission Limits ......................................................................................... 40 CFR 62.15575–62.15605.
Compliance Schedules ............................................................................. 40 CFR 62.15505–62.15515.
Operator Training and Qualification ......................................................... 40 CFR 62.15535–62.15570.
Waste Management Plan ......................................................................... 40 CFR 62.15520–62.15530.
Record of Public Hearings ....................................................................... Docket EPA–HQ–OAR–2003–0156.
Testing, Monitoring, Recordkeeping, and Reporting ................................ 40 CFR 62.15610, 40 CFR 15665–62.15710, 40 CFR 62.15715–
62.15780.
Progress Reports ...................................................................................... Section IV.J. of this preamble.
A. Legal Authority and Enforcement Indian country not covered by an subject to the emission guidelines. (See
Mechanism approved plan. As discussed in section 40 CFR 60.25(a).) The pollutants to be
VII of this document, implementation inventoried are dioxins/furans,
1. EPA’s Legal Authority in States
and enforcement of the Federal plan cadmium (Cd), lead (Pb), mercury (Hg),
Section 301(a) of the CAA provides may be delegated to eligible Tribal, particulate matter (PM), hydrogen
EPA with broad authority to write State, or local agencies when requested chloride (HCl), oxides of nitrogen
regulations that carry out the functions by a State, eligible Tribal, or local (NOX), carbon monoxide (CO), and
of the CAA. Sections 111(d) and agency, and when EPA determines that sulfur dioxide (SO2). For this proposal,
129(b)(3) of the CAA direct EPA to such delegation is appropriate. EPA has estimated the emissions from
develop a Federal plan for States that do each known OSWI unit that potentially
not submit approvable State plans. B. Inventory of Affected OSWI Units
may be covered by the Federal plan for
Sections 111 and 129 of the CAA The proposed Federal plan includes the nine pollutants regulated by the
provide EPA with the authority to an inventory of OSWI units affected by Federal plan.
implement and enforce the Federal plan the emission guidelines. (See 40 CFR The emissions inventory is based on
in cases where the State fails to submit part 60.25(a).) Docket No. EPA–HQ– available information about the OSWI
a satisfactory State plan. CAA Section OAR–2003–0156 contains an inventory units, emission factors, and typical
129(b)(3) requires EPA to develop, of the OSWI units that may potentially emission rates developed for calculating
implement, and enforce a Federal plan be covered by this proposed Federal nationwide air impacts of the OSWI
within 2 years after the date the relevant plan in the absence of State or Tribal emission guidelines and the Federal
emission guidelines are promulgated (by plans. This inventory contains 248 plan. Refer to the inventory
December 16, 2007). Compliance with OSWI units in 26 States. It is based on memorandum in Docket No. EPA–HQ–
the emission guidelines cannot be later information collected from State and OAR–2003–0156 for the complete
than 5 years after the relevant emission Federal databases, information emissions inventory and details on the
guidelines are promulgated (by collection request survey responses, and emissions calculations.
December 16, 2010 for OSWI units). stakeholder meetings during the
development of the OSWI emission D. Emission Limitations
2. EPA’s Legal Authority in Indian The proposed Federal plan includes
guidelines. The EPA recognizes that this
Country emission limitations. (See 40 CFR
list may not be complete. Therefore,
Section 301 of the CAA provides EPA sources potentially subject to this 60.24(a).) Section 129(b)(2) of the CAA
with the authority to administer Federal Federal plan may include, but are not requires these emission limitations to be
programs in Indian country. See CAA limited to, the OSWI units listed in the ‘‘at least as protective as’’ those in the
sections 301 (a) and (d). Section inventory memorandum in Docket No. emission guidelines. The emission
301(d)(4) of the CAA authorizes the EPA–HQ–OAR–2003–0156. Any OSWI limitations in this proposed OSWI
Administrator to directly administer unit that meets the applicability criteria Federal plan are the same as those
provisions of the CAA where Tribal in the Federal plan rule is subject to the contained in the EG. Section V of this
implementation of those provisions is Federal plan, regardless of whether it is preamble discusses the emission
not appropriate or administratively not listed in the inventory. States, Tribes, or limitations and operating limits. The EG
feasible. See section VII.E of this individuals are invited to identify promulgated December 16, 2005, had a
preamble for a more detailed discussion additional sources for inclusion to the technical error which is being corrected
of EPA’s authority to administer the list during the comment period for this through a technical amendment. Due to
OSWI Federal plan in Indian country. proposal. the uncertainty of the publication date
The EPA is proposing this Federal for the amendment, the technical error
regulation under the legal authority of C. Inventory of Emissions will not appear in the proposal of this
the CAA to implement the emission The proposed Federal plan includes Federal plan. The correct opacity
guidelines in those States and areas of an emissions estimate for OSWI units measurement averaging time appears in
this proposal. This possible discrepancy initial performance test. This date is 240 additional data as necessary to update
between the EG and Federal Plan is in days after the final compliance date. previously submitted source and
Table 2 of the rule in the EG and Table emission information; and (6) copies of
G. Testing, Monitoring, Recordkeeping,
1 of the rule in the Federal Plan. technical reports on any performance
and Reporting
testing and monitoring.
E. Compliance Schedules The proposed Federal plan includes
testing, monitoring, recordkeeping, and V. Summary of OSWI Federal Plan
Typically, State or Federal plans
include increments of progress for units reporting requirements. (See 40 CFR A. Might the proposed rules apply to
that need more than one year from State part 60.25).) Testing, monitoring, me?
plan approval to comply, or in the case recordkeeping, and reporting
The proposed OSWI Federal rules
of the Federal plan, more than one year requirements are consistent with 40 CFR
could apply to you if you own or
after promulgation of the final Federal part 60 subpart FFFF, and assure initial
operate either of the following at a
plan. (See 40 CFR part 60.24(e)(1).) The and ongoing compliance.
location not subject to an approved
purpose of increments of progress is to H. Operator Training and Qualification State or Tribal plan:
ensure that each affected unit needing Requirements (1) An incineration unit with a
more time to comply is making progress capacity less than 35 tpd burning
toward meeting the emission limits. The owner or operator must qualify
operators or their supervisors (at least municipal solid waste (MSW) (as
Section 129(f) of the CAA specifies defined in CAA sections 129 and
one per facility) by ensuring that they
the dates by which affected facilities 62.15850 of 40 CFR part 62 subpart
complete an operator training course
must comply with EG. Existing units KKK); or
and annual review or refresher course.
must be in compliance with the (2) An incineration unit located at an
CAA sections 62.15535 through
guidelines as expeditiously as institutional facility burning
62.15570 of the proposed subpart KKK
practicable after approval of a State institutional waste (as defined in CAA
contain the operator training and
plan, but no later than three years after section 62.15850 of 40 CFR part 62
qualification requirements.
the effective date of State plan approval subpart KKK) generated at that facility.
or five years after promulgation of the I. Record of Public Hearings Requirements for air curtain
guidelines, whichever is earlier. To The proposed Federal plan provides incineration units that would otherwise
proceed in an expeditious manner, we opportunity for public participation in be VSMWC or IWI units, but for the fact
are proposing to implement the EG adopting the plan. (See 40 CFR part that they burn certain materials, are
within that same time frame. 60.23(c).) If requested to do so, EPA will discussed later in this preamble. If your
For the EG, we are incorporating the hold a public hearing in Research incineration unit is currently meeting
full compliance time allowed by CAA Triangle Park, NC. A record of the emission limitations and other
section and to include final compliance public hearing, if any, will appear in requirements of another CAA section
as the sole increment of progress. The Docket No. EPA–HQ–OAR–2006–0364. 129 regulation (i.e., small or large
OSWI units are small and are located at If a public hearing is requested and municipal waste combustion (MWC)
small municipalities and institutions held, EPA will ask clarifying questions units; hospital, medical, infectious
that do not always have full-time during the oral presentation but will not waste incineration (HMIWI) units; or
environmental staff. They will need respond to the presentations or commercial and industrial solid waste
time to investigate the regulatory, comments. Written statements and incineration (CISWI) units), the
technical, cost, financing, and economic supporting information submitted proposed OSWI rules would not apply
implications of control techniques and during the public comment period will to you. Likewise, if an institutional
alternative waste disposal options be considered with equivalent weight as combustion unit is covered under the
available to their facility. The EPA any oral statement and supporting CAA section 112 national emission
wants to allow sufficient time for information subsequently presented at a standards for hazardous air pollutants
owners and operators of OSWI units to public hearing, if held. (NESHAP) for industrial, commercial,
investigate, plan, and carry out activities and institutional boilers and process
for compliance or, as expected in most J. Progress Reports heaters (boilers NESHAP), it would not
cases, a closure of their waste Under the Federal plan, the EPA be subject to the proposed OSWI rules.
combustion units and an orderly Regional Offices will prepare annual Certain types of combustion units listed
transition to the use of alternative waste progress reports to show progress of in CAA section 62.15485 of 40 CFR part
disposal methods. Our compliance OSWI units in the Region toward 62 subpart KKK also would be excluded
schedule was developed to allow small implementation of the emission from the final OSWI rules.
sources maximum flexibility in guidelines. (See 40 CFR 60.25(e).) States If you began construction of your
accomplishing final compliance by a or Tribes that have been delegated the incineration unit on or before December
date 3 years after publication of a final authority to implement and enforce this 9, 2004, it is considered an existing unit
rule for the Federal plan. Federal plan would also be required to and would be subject to the proposed
submit annual progress reports to the Federal plan. If you began construction
F. Waste Management Plan
appropriate EPA Regional Office. of your incineration unit after December
Requirements
Each progress report must include the 9, 2004, it is considered a new unit and
A waste management plan is a written following items: (1) Status of is subject to the NSPS (40 CFR part 60,
plan that identifies both the feasibility enforcement actions; (2) status of subpart EEEE). If you began
and the methods used to reduce or increments of progress; (3) identification reconstruction or modification of your
separate certain components of solid of sources that have shut down or incineration unit prior to June 16, 2006,
waste from the waste stream to reduce started operation; (4) emission inventory it would be considered an existing unit
or eliminate toxic emissions from data for sources that were not in and subject to the Federal plan.
incinerated waste. The waste operation at the time of plan Likewise, if you begin reconstruction or
management plan must be submitted no development, but that began operation modification of your incineration unit
later than the date sixty days after the during the reporting period; (5) on or after June 16, 2006, it is
considered a new unit and is subject to B. What emission limitations would required to meet the proposed emission
the NSPS. apply? limitations as specified in the table
below. See CAA section V.F of this
As the owner or operator of an preamble for a discussion of the
existing OSWI unit, you would be compliance schedule.
EMISSION LIMITS FOR EXISTING OSWI UNITS
You must meet And determine
For these pollutants these emission compliance using
limits a these methods b c
Cd ............................................................... 18 micrograms per dry standard cubic meter (µg/dscm) EPA Method 29.
CO .............................................................. 40.0 parts per million dry volume (ppmdv) ..................... EPA Methods 10, 10A or 10B.
Dioxins/Furans (total mass basis) .............. 33 nanograms per dry standard cubic meter (ng/dscm) EPA Method 23.
HCl .............................................................. 15.0 ppmdv ..................................................................... EPA Method 26A.
Pb ............................................................... 226 µg/dscm .................................................................... EPA Method 29.
Hg ............................................................... 74 µg/dscm ...................................................................... EPA Method 29.
Opacity ....................................................... 10% ................................................................................. EPA Method 9.
NOX ............................................................ 103 ppmdv ...................................................................... EPA Methods 7, 7A, 7C, 7D, or 7E.d
PM .............................................................. 0.013 grains per dry standard cubic foot (gr/dscf) ......... EPA Method 5 or 29.
SO2 ............................................................. 3.1 ppmdv ....................................................................... EPA Method 6 or 6C .e
a All
emission limits (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions.
b These
methods are in 40 CFR part 60, appendix A.
c Compliancewith the CO emission limit is determined on a 12-hour rolling average basis using continuous emission monitoring system data.
Compliance for the other pollutants’ emission limits is determined by stack testing.
d ASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Methods 7 and 7C.
e ASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Method 6.
C. What operating limits would apply? indicated in Table 1 of this preamble. required to operate the wet scrubber so
If you use a wet scrubber to comply You would then be required to operate that the pressure drop or amperage,
with the emission limits, you would be the OSWI unit so that the charge rate scrubber liquor flow rate, and scrubber
required to establish the maximum and does not exceed the established liquor pH do not fall below the
minimum site-specific operating limits maximum charge rate. You would be minimum established operating limits.
TABLE 1.—OPERATING LIMITS FOR EXISTING OSWI UNITS USING WET SCRUBBERS
And monitor continuously
For these operating parameters You must establish these operating limits using these recording times
Charge rate ........................................................ Maximum charge rate ...................................... Every hour.

Pressure drop across the wet scrubber, or am- Minimum pressure drop or amperage ............. Every 15 minutes.
perage to the wet scrubber.
Scrubber liquor flow rate .................................... Minimum flow rate ............................................ Every 15 minutes.
Scrubber liquor pH ............................................. Minimum pH ..................................................... Every 15 minutes.
Note: Compliance is determined on a 3- • 100 percent clean lumber; E. What other requirements would
hour rolling average basis, except charge rate apply?
for batch incinerators, which is determined • 100 percent yard waste; or
on a 24-hour basis. • 100 percent mixture of only wood As the owner or operator of an OSWI
waste, clean lumber, and/or yard waste. unit, you would be required to meet the
If you use an air pollution control
device other than a wet scrubber to following additional requirements.
The opacity limit is 10 percent. Waste Management Plan:
comply with the emission limits, you However, 35 percent opacity is allowed
would be required to petition the EPA • Submit a written plan that
during startup periods that are within identifies both the feasibility and the
for approval of other site-specific the first 30 minutes of operation. Air
operating limits to be established during methods used to reduce or separate
curtain incinerators burning only these certain components of solid waste from
the initial performance test and materials must meet the opacity limits
continuously monitored thereafter. The the waste stream to reduce or eliminate
and certain monitoring, recordkeeping, toxic emissions from incinerated waste.
information you must include in your and reporting requirements, and must
petition is described in 40 CFR 62.15595 Operator Training and Qualification
apply for and obtain a title V operating Requirements:
of proposed subpart KKK. permit. • Qualify operators or their
D. What would be the requirements for Air curtain incinerators burning other supervisors (at least one per facility) by
OSWI air curtain incinerators? institutional waste or municipal waste ensuring that they complete an operator
The final OSWI rules establish must meet the requirements of the final training course and annual review or
opacity limitations for air curtain OSWI rules including all emission refresher course.
incineration units that would otherwise limits in table 1 of this preamble and the Testing Requirements:
meet the definitions of IWI or VSMWC associated testing, permitting, • Conduct initial performance tests
units, but burn only: monitoring, recordkeeping, and for Cd, CO, dioxins/furans, HCl, Pb, Hg,
• 100 percent wood wastes; reporting requirements. NOX, opacity, PM, and SO2 and
establish operating limits (i.e., pollution control equipment will OSWI owner or operator may do the
maximum or minimum values for operate as designed. following to render an OSWI unit
operating parameters). inoperable: (1) Weld the waste charge
• Conduct annual performance tests G. How did EPA determine the
door shut, (2) remove stack (and by-pass
for all nine pollutants and opacity. (An compliance schedule?
stack, if applicable), (3) remove
owner or operator may conduct less Section 129(f) of the CAA specifies combustion air blowers, or (4) remove
frequent testing if the facility the dates by which affected facilities burners or fuel supply appurtenances.
demonstrates that it is in compliance must comply with the EG. Existing units
C. OSWI Units That Have Shut Down
with the emission limits for three must be in compliance with the
consecutive performance tests). guidelines as expeditiously as OSWI units that are known to have
Monitoring Requirements: practicable after approval of a State already shut down (but are not known
• Continuously monitor CO plan, but no later than three years after to be inoperable) are included in the
emissions. the effective date of State plan approval source inventory for the proposed
• If using a wet scrubber to comply or five years after promulgation of the Federal plan and will be identified in
with the emission limits, continuously guidelines, whichever is earlier. any State or Tribal plan submitted to
monitor the following operating EPA chose to include the full EPA.
parameters: charge rate, pressure drop compliance time allowed by CAA 1. Restarting Before the Final
across the wet scrubber (or amperage), section 129 in the EG and proposes to Compliance Date
and scrubber liquid flow rate and pH. do the same in the proposed Federal
• If using something other than a wet plan for OSWI units. The OSWI units If the owner or operator of an inactive
scrubber to comply with the emission are small and are located at small incineration unit plans to restart before
limits, monitor other operating the final compliance date, the owner or
municipalities and institutions that do
parameters, as approved by the EPA. operator must meet any requirements
not always have full-time environmental
Recordkeeping and Reporting for operator training or obtaining title V
staff. They will need time to investigate
Requirements: operating permits that apply to units
the regulatory, technical, cost,
• Maintain for 5 years records of the financing, and economic implications of
planning to meet the final compliance
initial performance tests and all date.
control techniques and alternative waste
subsequent performance tests, operating disposal options available to their 2. Restarting After the Final Compliance
parameters, any maintenance, the siting facility. The EPA wants to allow Date
analysis (for new units only), and sufficient time for owners and operators
operator training and qualification. Each Before restarting, such OSWI units
of OSWI units to investigate, plan, and would have to complete the operator
record must be kept on site for at least carry out activities for compliance or, as
2 years. The records may be kept off site training and qualification requirements
expected in most cases, a closure of and inspection requirements (if
for the remaining 3 years. their waste combustion units and an
• Submit the results of the initial applicable) and complete retrofit or
orderly transition to the use of process modifications. Performance
performance tests and all subsequent alternative waste disposal methods.
performance tests and values for the testing to demonstrate compliance
operating parameters. VI. OSWI That Have or Will Shut Down would be required within 30 days after
• Submit annual compliance reports restarting. An incineration unit that
A. Units That Plan To Close Rather operates out of compliance after the
and semiannual reports of any Than Comply
deviations from the emission limits, final compliance date would be in
operating limits, or other requirements. If you plan to permanently close your violation of the Federal plan and subject
• Apply for and obtain a title V currently operating incineration unit, to enforcement action.
operating permit. you must do so by the date three years VII. Implementation of the Federal Plan
after publication of the final rule for this and Delegation
F. What is the proposed compliance Federal plan in the Federal Register. If
schedule? you close your OSWI unit after the date A. Background of Authority
Each incineration unit will be one year after publication of the final Under sections 111(d) and 129(b) of
required to reach final compliance by rule in the Federal Register, but before the CAA, EPA is required to adopt
the date 3 years after publication of the the date three years after publication of emission guidelines that are applicable
final rule in the Federal Register. In the final rule in the Federal Register, to existing solid waste incineration
addition, the owner or operator will then you must comply with the operator sources. These emission guidelines are
need to comply with the operator training and qualification requirements enforceable once EPA approves a State
training and qualification requirements by the date one year after publication of or Tribal plan or adopts a Federal plan
and inspection requirements by the date the final rule in the Federal Register. In that implements and enforces them, and
1 year after publication of the final rule addition, while still in operation, you the State, Tribal, or Federal plan has
in the Federal Register, regardless of are subject to the same requirements for become effective. As discussed above,
when the OSWI unit reaches final title V operating permits that apply to the Federal plan regulates OSWI units
compliance. units that will not shut down. in a State or Tribal area that does not
To achieve final compliance, the have an EPA-approved plan currently in
owner or operator of each OSWI unit B. Inoperable Units
effect.
must incorporate all process changes or In cases where an OSWI unit has Congress has determined that the
complete retrofit construction in already shut down, has been rendered primary responsibility for air pollution
accordance with the final control plan. inoperable, and does not intend to prevention and control rests with State
The owner or operator must connect the restart, the OSWI unit may be left off the and local agencies. See section 101(a)(3)
air pollution control equipment or source inventory in a State, Tribal, or of the CAA. Consistent with that overall
process changes such that when the this Federal plan. An OSWI unit that determination, Congress established
OSWI unit is brought on line all has been rendered inoperable would not sections 111 and 129 of the CAA with
necessary process changes or air be covered by the Federal plan. The the intent that the States and local
agencies take the primary responsibility legal and enforcement authority to 1. Federal Plan Becomes Effective Prior
for ensuring that the emission administer and enforce the program. A to Approval of a State or Tribal Plan
limitations and other requirements in memorandum of agreement between the After OSWI units in a State or Tribal
the emission guidelines are achieved. State or Tribe and EPA would set forth area become subject to the Federal plan,
Also, in section 111(d) of the CAA, the terms and conditions of the the State or Tribal agency may still
Congress explicitly required that EPA delegation, the effective date of the adopt and submit a plan to EPA. If EPA
establish procedures that are similar to agreement, and would also serve as the determines that the State or Tribal plan
those under section 110(c) for State mechanism to transfer authority. Upon is as protective as the emission
Implementation Plans. Although signature of the agreement, the guidelines, EPA will approve the State
Congress required EPA to propose and appropriate EPA Regional Office would or Tribal plan. If EPA determines that
promulgate a Federal plan for States that publish an approval notice in the the plan is not as protective as the
fail to submit approvable State plans on Federal Register; thereby incorporating emission guidelines, EPA will
time, States and Tribes may submit the delegation of authority into the disapprove the plan and the OSWI units
approvable plans after promulgation of appropriate subpart of 40 CFR part 62. covered in the State or Tribal plan
the OSWI Federal plan. The EPA
If authority is not delegated to a State would remain subject to the Federal
strongly encourages States that are
or Indian Tribe, EPA will implement the plan until a State or Tribal plan
unable to submit approvable plans to
Federal plan. Also, if a State or Tribe covering those OSWI units is approved
request delegation of the Federal plan so
fails to properly implement a delegated and effective.
that they can have primary
portion of the Federal plan, EPA will Upon the effective date of an
responsibility for implementing the
assume direct implementation and approved State or Tribal plan, the
emission guidelines, consistent with the
enforcement of that portion. The EPA Federal plan would no longer apply to
intent of Congress.
Approved and effective State plans or will continue to hold enforcement OSWI units covered by such a plan, and
delegation of the Federal plan is EPA’s authority along with the State or Tribe the State or Tribal agency would
preferred outcome since EPA believes even when a State or Tribe has received implement and enforce the State or
that State and local agencies not only delegation of the Federal plan. In all Tribal plan in lieu of the Federal plan.
have the responsibility to carry out the cases where the Federal plan is When an EPA Regional Office approves
emission guidelines, but also have the delegated, EPA will retain and will not a State or Tribal plan, it will amend the
practical knowledge and enforcement transfer authority to a State or Tribe to appropriate subpart of 40 CFR part 62 to
resources critical to achieving the approve the following items: indicate such approval.
highest rate of compliance. For these The following authorities are 2. State or Tribe Takes Delegation of the
reasons, EPA will do all that it can to withheld by the EPA Administrator and Federal Plan
expedite delegation of the Federal plan not transferred to the State or Tribe:
to State and local agencies, whenever EPA, in its discretion, may delegate to
possible. (1) Approval of alternatives to the State or eligible Tribal agencies the
EPA also believes that Indian Tribes emission limitations in Table 1 of the authority to implement this Federal
should be the primary parties proposed rule and operating limits plan. As discussed above, EPA believes
responsible for regulating air quality established under 40 CFR 62.15585 and that it is advantageous and the best use
within Indian country, if they desire to Table 2 of the proposed rule. of resources for State or Tribal agencies
do so. See EPA’s Indian Policy (‘‘Policy (2) Approval of petitions for specific to agree to undertake, on EPA’s behalf,
for Administration of Environmental operating limits in 40 CFR 62.15595 the the administrative and substantive roles
Programs on Indian Reservations,’’ proposed rule. in implementing the Federal plan to the
signed by William D. Ruckelshaus, extent appropriate and where
(3) Approval of major alternatives to authorized by State or Tribal law. If a
Administrator of EPA, dated November
test methods. State requests delegation, EPA will
4, 1984), reaffirmed in a 2001
memorandum (‘‘EPA Indian Policy,’’ (4) Approval of major alternatives to generally delegate the entire Federal
signed by Christine Todd Whitman, monitoring. plan to the State agency. These
Administrator of EPA, dated July 11, (5) Approval of major alternatives to functions include administration and
2001). recordkeeping and reporting. oversight of compliance reporting and
recordkeeping requirements, OSWI
B. Delegation of the Federal Plan and (6) The status report requirements in inspections, and preparation of draft
Retained Authorities 40 CFR 62.15570(c)(2) the proposed notices of violation, but will not include
If a State or Indian Tribe intends to rule. any retained authorities.
take delegation of the Federal plan, the C. Mechanisms for Transferring EPA also believes that it is the best
State or Indian Tribe must submit to the Authority use of resources for Tribal agencies to
appropriate EPA Regional Office a undertake a role in the implementation
written request for delegation of There are two mechanisms for of the Federal plan. The Tribal
authority. The State or Indian Tribe transferring implementation authority to Authority Rule issued on February 12,
must explain how it meets the criteria State or Tribal agencies: (1) EPA 1998 (63 FR 7254), provides Tribes the
for delegation. See generally ‘‘Good approval of a State or Tribal plan after opportunity to develop and implement
Practices Manual for Delegation of NSPS the Federal plan is in effect; and (2) if Clean Air Act programs. However, due
and NESHAP’’ (EPA, February 1983). In a State or Tribe does not submit or to resource constraints and other factors
order to obtain delegation, an Indian obtain approval of its own plan, EPA unique to Tribal governments, it leaves
Tribe must also establish its eligibility delegation to a State or Tribe of the to the discretion of the Tribe whether to
to be treated in the same manner as a authority to implement certain portions develop these programs and which
State. The letter requesting delegation of of this Federal plan to the extent elements of the program they will adopt.
authority to implement the Federal plan appropriate and if allowed by State or Consistent with the approach of the
must demonstrate that the State or Tribe Tribal law. Both of these options are Tribal Authority Rule, EPA may choose
has adequate resources, as well as the described in more detail below. to delegate a partial Federal plan (i.e., to
delegate authority for some functions 1. Tribal Implementation 3. Applicability in Indian Country
needed to carry out the plan) in Section 301(d) of the CAA authorizes The Federal plan would apply
appropriate circumstances and where the Administrator to treat an Indian throughout Indian country except where
consistent with Tribal law. tribe as a State under certain an EPA-approved plan already covers an
Both States and Tribal agencies, that circumstances. The Tribal Authority area of Indian country. This approach is
have taken delegation, as well as EPA, Rule, which implements section 301(d) consistent with EPA’s implementation
will have responsibility for bringing of the CAA, identifies provisions of the of the Federal Operating Permits
enforcement actions against sources CAA for which it is appropriate to treat program in Indian country (see 64 FR
violating Federal plan provisions. a Tribe as a State. (See 40 CFR part 49.3 8247 (February 19, 1999).)
However, EPA recognizes that Tribes and 49.4.) Under the Tribal Authority
VIII. Title V Operating Permits
have limited criminal enforcement Rule, a Tribe may be treated as a State
authority, and EPA will address in the for purposes of this Federal plan. If a All existing OSWI units and air
delegation agreement with the Tribe Tribe meets the criteria below, EPA can curtain incinerators to be regulated by
how criminal enforcement issues are delegate to an Indian tribe authority to the proposed OSWI Federal plan will
referred to EPA. implement the Federal plan in the same have to apply for and obtain a title V
way it can delegate authority to a State: operating permit. These title V operating
D. Implementing Authority (1) The applicant is an Indian tribe permits assure compliance with all
recognized by the Secretary of the applicable Federal requirements for
The EPA delegated authority within regulated incineration units, including
Interior;
the Agency to the EPA Regional (2) The Indian tribe has a governing all applicable CAA section 129
Administrators to implement the OSWI body carrying out substantial requirements. (See 40 CFR 70.6(a)(1), 40
Federal plan. All reports required by governmental duties and functions; CFR 70.2, 40 CFR 71.6(a)(1), and 40 CFR
this Federal plan should be submitted to (3) The functions to be exercised by 71.2.)
the appropriate Regional Office the Indian tribe pertain to the The permit application deadline for a
Administrator. management and protection of air CAA section 129 source applying for a
E. OSWI Federal Plan and Indian resources within the exterior boundaries title V operating permit depends on
Country of the reservation or other areas within when the source first becomes subject to
the tribe’s jurisdiction; and the relevant title V permits program. If
The term ‘‘Indian country,’’ as used in (4) The Indian tribe is reasonably your existing incineration unit is not
this preamble, means (1) all land within expected to be capable, in the EPA subject to an earlier permit application
the limits of any Indian reservation Regional Administrator’s judgment, of deadline, a complete title V permit
under the jurisdiction of the United carrying out the functions to be application must be submitted by the
States government, notwithstanding the exercised in a manner consistent with earlier of the following dates:
issuance of any patent, and including the terms and purposes of the CAA and (1) 12 months after the effective date
rights-of-way running through the all applicable regulations. (See 40 CFR of any applicable EPA-approved CAA
reservation; (2) all dependent Indian part 49.6). section 111(d)/129 plan (i.e., an
communities within the borders of the approved State or Tribal plan that
2. EPA Implementation implements the OSWI emission
United States whether within the
original or subsequently acquired The CAA also provides EPA with the guidelines);
territory thereof, and whether within or authority to administer Federal (2) 12 months after the effective date
without the limits of a State; and (3) all programs in Indian country. This of any applicable Federal plan; or
Indian allotments, the Indian titles to authority is based in part on the general (3) December 16, 2008.
which have not been extinguished, purpose of the CAA, which is national For any existing incineration unit not
including rights-of-way running through in scope. Section 301(a) of the CAA subject to an earlier permit application
the same. provides EPA broad authority to issue deadline, the application deadline of 36
regulations that are necessary to carry months after the promulgation of 40
The OSWI Federal plan would apply out the functions of the CAA. Congress CFR part 60, subpart FFFF, applies
throughout Indian country to ensure intended for EPA to have the authority regardless of whether or when any
that there is not a regulatory gap for to operate a Federal program when applicable Federal plan is effective, or
existing OSWI units in Indian country. Tribes choose not to develop a program, whether or when any applicable CAA
However, eligible Indian tribes now do not adopt an approvable program, or section 111(d)/129 plan is approved by
have the authority under the CAA to fail to adequately implement an air EPA and becomes effective. (See CAA
develop Tribal plans in the same program authorized under section sections 129(e), 503(c), 503(d), and
manner that States develop State plans. 301(d) of the CAA. 502(a) and 40 CFR parts70.5(a)(1)(i) and
On February 12, 1998, EPA promulgated Section 301(d)(4) of the CAA 40 CFR 71.5(a)(1)(i).)
regulations that outline provisions of authorizes the Administrator to directly If your incineration unit is subject to
the CAA for which it is appropriate to administer provisions of the CAA to title V as a result of some triggering
treat Tribes in the same manner as achieve the appropriate purpose where requirement(s) other than those
States. See 63 FR 7254 (Final Rule for Tribal implementation is not mentioned above (for example, a unit
Indian Tribes: Air Quality Planning and appropriate or administratively not may be a major source or part of a major
Management, (Tribal Authority Rule)) feasible. The EPA’s interpretation of its source), then you may be required to
(codified at 40 CFR part 49). As of authority to directly implement Clean apply for a title V operating permit for
March 16, 1998, the effective date of the Air Act programs in Indian country is that unit prior to the deadlines specified
Tribal Authority Rule, EPA has had discussed in more detail in the Tribal above. If more than one requirement
authority under the CAA to approve Authority Rule. See 63 FR at 7262–7263. triggers a source’s obligation to apply for
Tribal programs such as Tribal plans to As mentioned previously, Tribes may, a title V operating permit, the 12-month
implement and enforce the OSWI but are not required to, submit a OSWI timeframe for filing a title V permit
emission guidelines. plan under section 111(d) of the CAA. application is triggered by the
requirement which first causes the first taking delegation of the section implement and enforce the section 111/
source to be subject to title V. (See CAA 111/129 Federal plan.5 Some States or 129 requirements when they have been
section 503(c) and 40 CFR parts 70.3(a) Tribes, however, may not be able to included in title V permits, the
and (b), 40 CFR 70.5(a)(1)(i), 40 CFR implement and enforce a section 111/ permitting authority needs to receive
71.3(a) and (b), and 40 CFR 129 standard in a title V permit until the these reports at the same time as the
71.5(a)(1)(i).) section 111/129 standard has been EPA.
For additional background delegated. In these situations, a State or In the situation where a permitting
information on the interface between Tribe should not issue a part 70 permit authority chooses to rely on an AG’s
CAA section 129 and title V, including to a source subject to a Federal plan opinion and not take delegation of a
EPA’s interpretation of CAA section before taking delegation of the section Federal plan, EPA Regional Offices will
129(e), as well as information on 111/129 Federal plan. be responsible for implementing and
submitting title V permit applications, If a State or Tribe can provide an enforcing section 111/129 requirements
updating existing title V permit Attorney General’s (AG’s) opinion outside of any title V permits. Moreover,
applications and reopening existing title delineating its authority to incorporate in this situation, EPA Regional Offices
V permits, see the final Federal Plan for section 111/129 requirements into its will continue to be responsible for
Commercial and Industrial Solid Waste Title V permits, and then implement developing progress reports, and
Incinerators, October 3, 2003 (68 FR and enforce these requirements through
conducting any other administrative
57518, 57532), as well as the ‘‘Summary its Title V permits without first taking
functions required under this Federal
of Public Comments and Responses’’ delegation of the requirements, then a
plan or any other section 111/129
document in EPA’s OSWI emission State or Tribe does not need to take
Federal plan. See the section IV.J. of this
guidelines docket (EPA–HQ–OAR– delegation of the section 111/129
preamble titled ‘‘Progress Reports’’.
2003–0156). requirements for purposes of title V
permitting.6 In practical terms, without It is important to note that the EPA is
Title V and Delegation of a Federal plan approval of a State or Tribal plan, not using its authority under 40 CFR
We have previously stated our delegation of a Federal plan, or an part 70.4(i)(3) to request that all States
position that issuance of a Title V adequate AG’s opinion, States and and Tribes which do not take delegation
permit is not equivalent to the approval Tribes with approved part 70 permitting of this Federal plan submit
of a State plan or delegation of a Federal programs open themselves up to supplemental AG’s opinions at this
plan. Legally, delegation of a standard potential questions regarding their time. However, the EPA Regional
or requirement results in a delegated authority to issue permits containing Offices shall request, and permitting
State or Tribe standing in for EPA as a section 111/129 requirements, and to authorities shall provide, such opinions
matter of Federal law. This means that assure compliance with these when the EPA questions a State’s or
obligations a source may have to the requirements. Such questions could Tribe’s authority to incorporate section
EPA under a Federally promulgated lead to the issuance of a notice of 111/129 requirements into a title V
standard become obligations to a State deficiency for a State’s or Tribe’s part 70 permit, and implement and enforce
(except for functions that the EPA program. As a result, prior to a State or these requirements in that context
retains for itself) upon delegation.4 Tribal permitting authority drafting a without delegation.
Although a State or Tribe may have the part 70 permit for a source subject to a IX. Statutory and Executive Order
authority under State or Tribal law to section 111/129 Federal plan, the State Reviews
incorporate section 111/129 or Tribe, EPA Regional Office, and
requirements into its title V permits, source in question are advised to ensure A. Executive Order 12866: Regulatory
and implement and enforce these that delegation of the relevant Federal Planning and Review
requirements in these permits without plan has taken place or that the
permitting authority has provided to the This action is not a ‘‘significant
first taking delegation of the section regulatory action’’ under terms of
111/129 Federal plan, the State or Tribe EPA Regional Office an adequate AG’s
opinion. Executive Order (EO) 12866 (58 FR
is not standing in for EPA as a matter 51735, October 4, 1993) and is therefore
In addition, if a permitting authority
of Federal law in this situation. Where not subject to review under the EO.
chooses to rely on an AG’s opinion and
a State or Tribe does not take delegation
not take delegation of a Federal plan, a B. Paperwork Reduction Act
of a section 111/129 Federal plan,
section 111/129 source subject to the
obligations that a source has to EPA This action does not impose any new
Federal plan in that State must
under the Federal plan continue after a information collection burden.
simultaneously submit to both EPA and
title V permit is issued to the source. As the State or Tribe all reports required by However, the information collection
a result, the EPA continues to maintain the standard to be submitted to the EPA. requirements in the proposed rules have
that an approved part 70 operating Given that these reports are necessary to been previously submitted for approval
permits program cannot be used as a to OMB under the Paperwork Reduction
mechanism to transfer the authority to 5 The EPA interprets the phrase ‘‘assure Act, 44 U.S.C. 3501, et seq. and has been
implement and enforce the Federal plan compliance’’ in section 502(b)(5)(A) to mean that assigned OMB control number 2060–
from the EPA to a State or Tribe. permitting authorities will implement and enforce
0562 for the proposed rule and the
As mentioned above, a State or Tribe each applicable standard, regulation, or
requirement which must be included in the title V emission guideline (ICR No. 2164.02 for
may have the authority under State or permits the permitting authorities issue. See 40 CFR part 60 subpart FFFF). A copy
Tribal law to incorporate section 111/ definition of ‘‘applicable requirement’’ in 40 CFR of the OMB approved Information
129 requirements into its title V permits, 70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1).
Collection Request (ICR) may be
6 It is important to note that an AG’s opinion

and implement and enforce these obtained from Susan Auby by mail at
submitted at the time of initial title V program
requirements in that context without approval is sufficient if it demonstrates that a State the Collection Strategies Division, U.S.
or Tribe has adequate authority to incorporate CAA Environmental Protection Agency
4 If the Administrator chooses to retain certain section 111/129 requirements into its title V
authorities under a standard, those authorities permits, and to implement and enforce these
(2822T), 1200 Pennsylvania Avenue,
cannot be delegated, e.g., alternative methods of requirements through its title V permits without NW., Washington, DC 20460, or by
demonstrating compliance. delegation. calling (202) 566–1672.
This ICR reflects the burden estimate approved, the Federal plan burden will with the requirements. Based on
for the emission guidelines which were decrease, but the overall burden of the reported information, EPA would
promulgated in the Federal Register on State or Tribal plans and the Federal decide which units and what records or
December 16, 2005. The burden plan will remain the same. processes should be inspected.
estimate includes the burden associated The proposed rules contain
These recordkeeping and reporting
with State or Tribal plans as well as the monitoring, reporting, and
requirements are specifically authorized
burden associated with the proposed recordkeeping requirements.
by CAA section 114 (42 U.S.C. 7414).
Federal plan. Consequently, the burden Information specified in the emission
All information submitted to EPA for
guidelines would be used by States or
estimates described below overstate the which a claim of confidentiality is made
EPA to identify existing units subject to
information collection burden will be safeguarded according to EPA
the State or Federal plans that
associated with the Federal plan. implement the emission guidelines, and policies in 40 CFR part 2, subpart B,
However, upon approval by EPA, a State to ensure that these units comply with Confidentiality of Business Information.
or Tribal plan becomes Federally their emission limits and other The estimated average annual burden
enforceable. Therefore, it is important to requirements. Records and reports for the first 3 years after promulgation
estimate the full burden associated with would be necessary to enable EPA or of the emission guidelines for industry
the State or Tribal plans and the Federal States to identify waste incineration and the implementing agency is
plan. As State or Tribal plans are units that may not be in compliance outlined below.
Average Total annual

Affected entity Labor costs Capital costs O&M costs
annual hours costs
Industry ................................................................................ 3,803 $174,703 $0 $0 $174,703

Implementing agency ........................................................... 383 17,611 0 0 17,611
EPA expects the emission guidelines numbers for our regulations are listed in The economic impacts on small entities
to affect a maximum of 248 OSWI units 40 CFR part 9. will not be significant because the cost
over the first 3 years. There are no of the proposed rules is expected to
C. Regulatory Flexibility Act
capital, start-up, or operation and range from negligible to actual cost
maintenance costs for existing units The Regulatory Flexibility Act (RFA) savings. EPA expects that the majority
during the first 3 years, because generally requires an agency to prepare of these entities may realize a cost
compliance with the emission a regulatory flexibility analysis of any savings under the likely response to the
guidelines is not required until 5 years rule subject to notice and comment proposed rules.
after promulgation of the emission rulemaking requirements under the Alternative waste disposal methods,
guidelines (or 3 years after the effective Administrative Procedures Act or any such as land filling, are available for
date of approval of a State or Federal other statute unless the agency certifies OSWI units. During development of the
plan to implement the guidelines). Costs that the proposed rules will not have a underlying EG, our analysis using
in the first 3 years include time to significant economic impact on a model plants and a supplemental
review the guidelines and the State or substantial number of small entities. analysis using site-specific data both
Federal plan. The implementing agency Small entities include small businesses, supported the idea that the annual cost
will not incur any capital or start-up small government organizations, and to landfill waste will typically be less
costs. small government jurisdictions. than the annual cost of using an OSWI
For purposes of assessing the impacts unit for waste disposal. Thus, the likely
Burden means the total time, effort, or of the proposed rules on small entities, response to the proposed Federal
financial resources expended by persons small entity is defined as follows: implementation plan will be for small
to generate, maintain, retain, or disclose 1. A small business that is an ultimate entities that own and operate OSWI
or provide information to or for a parent entity in the regulated industry units to close the units and use an
Federal agency. This includes the time that has a gross annual revenue less alternative waste disposal method. More
needed to review instructions; develop, than $6.5 million (this varies by detailed information about these
acquire, install, and utilize technology industry category, ranging up to $10.5 analyses is available in the docket for
and systems for the purposes of million for North American Industrial the underlying EG (see Revised
collecting, validating, and verifying Classification System (NAICS) code Economic Analysis for Other Solid
information, processing and 562213 (VSMWC)), based on Small Waste Incineration (OSWI) Units,
maintaining information, and disclosing Business Administration’s size November 2005; and Impacts of Other
and providing information; adjust the standards; Solid Waste Incinerator Rule on
existing ways to comply with any 2. a small governmental jurisdiction Affected Small Entities, November 2005
previously applicable instructions and that is a government of a city, county, in Docket ID No. EPA–HQ–OAR–2003–
requirements; train personnel to be able town, school district or special district 0156).
to respond to a collection of with a population of less than 50,000; or The Small Business Administration’s
information; search data sources; 3. a small organization that is any not- Office of Advocacy (SBA) expressed
complete and review the collection of for-profit enterprise that is concerns that EPA’s certification that
information; and transmit or otherwise independently owned and operated and the proposed emission guidelines would
disclose the information. is not dominant in its field. not have a significant economic impact
An agency may not conduct or After considering the economic on a substantial number of small entities
sponsor, and a person is not required to impacts of the proposed rules on small is not based on an adequate analysis of
respond to, a collection of information entities, I certify that this action will not IWI units operated by small entities. In
unless it displays a currently valid OMB have a significant economic impact on response to SBA’s public comment, we
control number. The OMB control a substantial number of small entities. conducted further detailed analyses (as
summarized in this preamble and Before promulgating an EPA rule for have federalism implications.’’ ‘‘Policies
available in the docket) and sent small which a written statement is needed, that have federalism implications’’ is
entity outreach surveys requesting section 205 of the UMRA generally defined in the Executive Order to
information regarding the use of solid requires EPA to identify and consider a include regulations that have
waste incinerators at schools to eight reasonable number of regulatory ‘‘substantial direct effects on the States,
entities (identified by SBA) associated alternatives and adopt the least costly, on the relationship between the national
with schools. All responses from the most cost-effective, or least burdensome government and the States, or on the
small entity outreach survey, with one alternative that achieves the objectives distribution of power and
exception, indicate that incinerators are of the proposed rules. The provisions of responsibilities among the various
not being used by the respondents. The section 205 do not apply when they are levels of government.’’
one exception regards an institution that inconsistent with applicable law. Under section 6 of Executive Order
owns/operates pathological waste Moreover, section 205 allows EPA to 13132, EPA may not issue a regulation
incinerators, which are excluded from adopt an alternative other than the least that imposes substantial direct
regulation under the standards and costly, most cost-effective, or least compliance costs, and that is not
guidelines. burdensome alternative if EPA required by statute, unless the Federal
Although the underlying EG rules will publishes with the final rule an government provides the funds
not have a significant economic impact explanation why that alternative was necessary to pay the direct compliance
on a substantial number of small not adopted. costs incurred by State and local
entities, EPA nonetheless has tried to Before EPA establishes any regulatory governments, or EPA consults with
reduce the impact of the rules on small requirements that may significantly or State and local officials early in the
entities. The final EG rules provide uniquely affect small governments, process of developing the proposed
various exclusions for some sources that including Tribal governments, EPA regulation. Also, EPA may not issue a
may find it unreasonably costly to must develop a small government regulation that has federalism
comply with the rules or utilize agency plan under section 203 of the implications and that preempts State
alternative disposal options. These UMRA. The plan must provide for law, unless EPA consults with State and
exclusions should provide relief for notifying potentially affected small local officials early in the process of
many small entities for which a governments, enabling officials of developing the proposed regulation.
reasonable disposal alternative is affected small governments to have The proposed rules do not have
unavailable. In addition, to ensure that meaningful and timely input in the federalism implications. They will not
affected sources were aware of the development of EPA’s regulatory have substantial direct effects on the
proposed rules, EPA sent fact sheets to proposals with significant Federal States, on the relationship between the
361 existing OSWI units in our intergovernmental mandates, and national government and the States, or
inventory and an additional 125 fact informing, educating, and advising on the distribution of power and
sheets to trade organizations and small governments on compliance with responsibilities among the various
interest groups that represented the regulatory requirements. levels of government, as specified in
potential OSWI unit owners/operators. The EPA has determined that the Executive Order 13132. The proposed
The fact sheets explained the proposed proposed rules do not contain a Federal rules will not impose substantial direct
regulations, the anticipated costs and mandate that may result in expenditures compliance costs on State or local
impacts to their facilities, and how they of $100 million or more for State, local, governments, and will not preempt
could submit comments. None of the and Tribal governments, in the State law. Thus, Executive Order 13132
facilities or interest groups submitted aggregate, or the private sector in any 1 does not apply to the proposed rules.
comments on the proposed OSWI rules year. In the preamble promulgating the
or on the cost or other impacts EPA emissions guidelines, we presented our F. Executive Order 13175: Consultation
anticipated due to the rulemaking and, expectation that most OSWI units and Coordination With Indian Tribal
in fact, about one-third of the 361 would close and utilize an economical Governments
facilities informed us that they no alternative waste disposal method rather Executive Order 13175, (65 FR 67249,
longer own or operate an incineration than complying with the final rules, November 9, 2000), requires EPA to
unit. We continue to be interested in the rendering the cost impacts negligible. develop an accountable process to
potential impacts of the proposed rule Thus, the final EG, and by extension the ensure ‘‘meaningful and timely input by
on small entities and welcome proposed Federal plan, are not subject Tribal officials in the development of
comments on issues related to such to the requirements of section 202 and regulatory policies that have Tribal
impacts. 205 of the UMRA. In addition, EPA has implications.’’ The proposed rule does
determined that the proposed rules not have Tribal implications, as
D. Unfunded Mandates Reform Act
contain no regulatory requirements that specified in Executive Order 13175.
Title II of the Unfunded Mandates might significantly or uniquely affect Thus, Executive Order 13175 does not
Reform Act (UMRA) of 1995, Public small governments because the burden apply to the proposed rules.
Law 104–4, establishes requirements for is small and the regulations do not
Federal agencies to assess the effects of G. Executive Order 13045: Protection of
unfairly apply to small governments.
their regulatory actions on State, local, Children From Environmental Health
Therefore, the proposed rules are not
and Tribal governments and the private and Safety Risks
subject to the requirements of section
sector. Under section 202 of the UMRA, 203 of the UMRA. Executive Order 13045 (62 FR 19885,
EPA generally must prepare a written April 23, 1997), applies to any rule that:
statement, including a cost-benefit E. Executive Order 13132: Federalism (1) Is determined to be ‘‘economically
analysis, for proposed and final rules Executive Order 13132 (64 FR 43255, significant’’ as defined under Executive
with ‘‘Federal mandates’’ that may August 10, 1999), requires EPA to Order 12866, and (2) concerns an
result in expenditures by State, local, develop an accountable process to environmental health or safety risk that
and Tribal governments, in the ensure ‘‘meaningful and timely input by EPA has reason to believe may have a
aggregate, or by the private sector, of State and local officials in the disproportionate effect on children. If
$100 million or more in any 1 year. development of regulatory policies that the regulatory action meets both criteria,
EPA must evaluate the environmental One voluntary consensus standard Dated: December 8, 2006.
health or safety effects of the planned was identified as an acceptable Stephen L. Johnson,
rule on children, and explain why the alternative to EPA test methods for the Administrator.
planned regulation is preferable to other purposes of the proposed rules. The
40 CFR part 62 is proposed to be
potentially effective and reasonably voluntary consensus standard ASME
amended as follows:
feasible alternatives EPA considered. PTC 19–10–1981–Part 10, ‘‘Flue and
The EPA interprets Executive Order Exhaust Gas Analyses,’’ is cited in the PART 62—[AMENDED]
13045 as applying only to those emission guidelines and the proposed
regulatory actions that are based on rules for its manual methods for 1. The authority citation for part 62
health or safety risks, such that the measuring the nitrogen oxide, oxygen, continues to read as follows:
analysis required under section 5–501 of and sulfur dioxide content of exhaust Authority: 42 U.S.C. 7401 et seq.
the Executive Order has the potential to gas. These parts of ASME PTC 19–10–
influence the regulation. The proposed 1981–Part 10 are acceptable alternatives 2. Section 62.13 is amended by
rules are not subject to Executive Order to Methods 3B, 6, 7, and 7C. revising paragraph (e) to read as follows:
13045 because they are based on The search for emissions § 62.13 Federal plans.
technology performance and not on measurement procedures identified 29
health and safety risks. Also, the voluntary consensus standards * * * * *
proposed rules are not ‘‘economically applicable to the proposed rules. The (e) The substantive requirements of
significant.’’ EPA determined these 29 standards the other solid waste incineration units
identified for measuring emissions of Federal plan are contained in subpart
H. Executive Order 13211: Actions That KKK of this part. These requirements
Cd, CO, dioxins/furans, HCl, Hg, Pb,
Significantly Affect Energy Supply, include emission limits, compliance
PM, NOX, and SO2 subject to the
Distribution or Use schedules, testing, monitoring, and
emission limits were impractical
This rule is not subject to Executive alternatives to EPA test methods for the reporting and recordkeeping
Order 13211, ‘‘Actions Concerning purposes of the proposed rules. requirements.
Regulations That Significantly Affect Therefore, EPA does not intend to adopt 3. Part 62 is amended by adding a
Energy Supply, Distribution, or Use’’ (66 the standards for this purpose. (See new subpart KKK to read as follows:
FR28355; May 22, 2001) because it is Docket ID No. EPA–HQ–OAR–2003– Subpart KKK—Federal Plan Requirements
not a significant regulatory action under 0156 for further information on the for Other Solid Waste Incineration Units
Executive Order 12866. methods.) That Commenced Construction on or
Four of the 29 voluntary consensus Before December 9, 2004
I. National Technology Transfer
standards identified in this search were Sec.
Advancement Act
not available at the time the review was
Section 12(d) of the National Introduction
conducted because they are under
Technology Transfer and Advancement development by a voluntary consensus 62.15450 What is the purpose of this
Act (NTTAA) of 1995 (Pub. L. 104–113; body: ASME/BSR MFC 13M, ‘‘Flow subpart?
15 U.S.C. 272 note) directs EPA to use Measurement by Velocity Traverse,’’ for 62.15455 What are the principal
voluntary consensus standards in their components of this subpart?
EPA Method 2 (and possibly 1); ASME/
regulatory and procurement activities BSR MFC 12M, ‘‘Flow in Closed Applicability
unless to do so would be inconsistent Conduits Using Multiport Averaging 62.15460 Am I subject to this subpart?
with applicable law or otherwise Pitot Primary Flowmeters,’’ for EPA 62.15470 Can my OSWI unit be covered by
impractical. Voluntary consensus Method 2; ISO/DIS 12039, ‘‘Stationary both a State plan and this subpart?
standards are technical standards (e.g., Source Emissions-Determination of 62.15475 How do I determine if my OSWI
materials specifications, test methods, Carbon Monoxide, Carbon Dioxide, and unit is covered by an approved and
sampling procedures, business Oxygen-Automated Methods’’ for EPA effective State or Tribal plan?
practices) developed or adopted by one 62.15480 If my OSWI unit is not listed in
Method 3A; and ASTM Z6590Z, the Federal plan inventory, am I exempt
or more voluntary consensus bodies. ‘‘Manual Method for Both Speciated and from this subpart?
The NTTAA directs EPA to provide Elemental Mercury’’ for EPA Method 29 62.15485 Can my combustion unit be
Congress, through annual reports to (portion for Hg only). exempt from this subpart?
OMB, with explanations when an Tables 2 and 4 of subpart FFFF of 40 62.15495 When must I submit any records
agency does not use available and CFR part 60 list the EPA testing required pursuant to an exemption
applicable voluntary consensus methods from the underlying EG that allowed under § 62.15485?
standards. would be included in the proposed 62.15500 Are air curtain incinerators
The proposed rules involve technical rules. Under 40 CFR part 60.8(b) and regulated under this subpart?
standards. The EPA proposes to use 60.13(i) of subpart A (General Compliance Schedule and Increments of
EPA Methods 1, 2, 3A, 3B, 4, 5, 6 or 6C, Provisions), a source may apply to EPA Progress
7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or for permission to use alternative test 62.15505 When must I comply with this
10B, 23, 26A, and 29 of 40 CFR part 60, methods or alternative monitoring subpart if I plan to continue operation of
appendix A. requirements in place of any of the EPA my OSWI unit?
Consistent with the NTTAA, EPA testing methods, performance 62.15510 What must I do if I plan to
conducted searches to identify specifications, or procedures. permanently close my OSWI unit and
voluntary consensus standards in not restart it?
addition to these EPA methods. No List of Subjects in 40 CFR Part 62 62.15515 What must I do if I close my
applicable voluntary consensus Environmental protection, OSWI unit and then restart it?
standards were identified for EPA Administrative practice and procedure, Waste Management Plan
Methods 7D, 9, and 10A. The search and Air pollution control, Incorporation by 62.15520 What is a waste management
review results have been documented reference, Intergovernmental relations, plan?
and are placed in the docket for the Reporting and recordkeeping 62.15525 When must I submit my waste
OSWI emission guidelines. requirements. management plan?
62.15530 What should I include in my 62.15710 Is there a minimum amount of Delegation of Authority
waste management plan? operating parameter monitoring data I 62.15840 What authorities are withheld by
must obtain? the EPA?
Operator Training and Qualification
62.15535 What are the operator training and Recordkeeping and Reporting Equations
qualification requirements? 62.15715 What records must I keep? 62.15845 What equations must I use?
62.15545 When must the operator training 62.15725 Where and in what format must I
course be completed? keep my records? Definitions
62.15550 How do I obtain my operator 62.15730 What reports must I submit? 62.15850 What definitions must I know?
qualification? 62.15740 What information must I submit
62.15555 How do I maintain my operator following my initial performance test? Tables to Subpart KKK of Part 62
qualification? 62.15745 When must I submit my annual Table 1 of Subpart KKK of Part 62—Emission
62.15560 How do I renew my lapsed report? Limitations
operator qualification? 62.15750 What information must I include
62.15565 What site-specific documentation Table 2 of Subpart KKK of Part 62—
in my annual report?
is required? Operating Limits for Incinerators and Wet
62.15755 What else must I report if I have
62.15570 What if all the qualified operators Scrubbers
a deviation from the operating limits or
are temporarily not accessible? the emission limitations? Table 3 of Subpart KKK of Part 62—
Emission Limitations and Operating Limits 62.15760 What must I include in the Requirements for Continuous Emission
deviation report? Monitoring Systems (CEMS)
62.15575 What emission limitations must I
62.15765 What else must I report if I have
meet and by when? Table 4 of Subpart KKK of Part 62—Summary
62.15585 What operating limits must I meet a deviation from the requirement to have
a qualified operator accessible? of Reporting Requirements
and by when?
62.15595 What if I do not use a wet 62.15770 Are there any other notifications
or reports that I must submit?
Subpart KKK—Federal Plan
scrubber to comply with the emission Requirements for Other Solid Waste
limitations? 62.15775 In what form can I submit my
reports? Incineration Units That Commenced
62.15605 What happens during periods of
startup, shutdown, and malfunction? 62.15780 Can reporting dates be changed? Construction on or Before December 9,
2004
Performance Testing Air Curtain Incinerators That Burn 100
Percent Wood Waste, Clean Lumber and/or Introduction
62.15610 How do I conduct the initial and Yard Waste
annual performance test? § 62.15450 What is the purpose of this
62.15615 How are the performance test data 62.15785 What is an air curtain incinerator?
62.15790 When must I comply if my air subpart?
used?
curtain incinerator burns only wood (a) This subpart establishes emission
Initial Compliance Requirements waste, clean lumber, and yard waste? requirements and compliance schedules
62.15620 How do I demonstrate initial 62.15795 What must I do if I close my air for the control of emissions from other
compliance with the emission curtain incinerator that burns only wood solid waste incineration (OSWI) units
limitations and establish the operating waste, clean lumber, and yard waste and that are not covered by an EPA
limits? then restart it?
62.15800 What must I do if I plan to
approved and currently effective State
62.15630 By what date must I conduct the
initial performance test? permanently close my air curtain or Tribal plan. The pollutants addressed
incinerator that burns only wood waste, by these emission requirements are
Continuous Compliance Requirements clean lumber, and yard waste and not listed in Table 1 of this subpart. These
62.15635 How do I demonstrate continuous restart it? emission requirements are developed in
compliance with the emission 62.15805 What are the emission limitations accordance with sections 111 and 129 of
limitations and the operating limits? for air curtain incinerators that burn only the Clean Air Act and subpart B of 40
62.15645 By what date must I conduct the wood waste, clean lumber and yard CFR part 60.
annual performance test? waste? (b) In this subpart, ‘‘you’’ means the
62.15650 May I conduct performance 62.15810 How must I monitor opacity for
testing less often? air curtain incinerators that burn only
owner or operator of an OSWI unit or
62.15660 May I conduct a repeat wood waste, clean lumber and yard air curtain incinerator subject to this
performance test to establish new waste? subpart.
operating limits? 62.15815 What are the recordkeeping and
§ 62.15455 What are the principal
Monitoring reporting requirements for air curtain
components of this subpart?
incinerators that burn only wood waste,
62.15665 What continuous emission clean lumber, and yard waste? This subpart contains the twelve
monitoring systems must I install? 62.15820 Am I required to apply for and major components listed in paragraphs
62.15675 How do I make sure my obtain a title V operating permit for my (a) through (l) of this section.
continuous emission monitoring systems air curtain incinerator that burns only (a) Compliance schedule.
are operating correctly? wood waste, clean lumber, and yard
62.15685 What is my schedule for
(b) Waste management plan.
waste? (c) Operator training and
evaluating continuous emission
monitoring systems? Title V Operating Permits qualification.
62.15690 What is the minimum amount of 62.15825 Am I required to apply for and (d) Emission limitations and operating
monitoring data I must collect with my obtain a title V operating permit for my limits.
continuous emission monitoring existing unit? (e) Performance testing.
systems, and is the data collection 62.15830 When must I submit a title V (f) Initial compliance requirements.
requirement enforceable? permit application for my existing unit? (g) Continuous compliance
62.15700 How do I convert my 1-hour requirements.

arithmetic averages into the appropriate Temporary-Use Incinerators and Air Curtain
averaging times and units? Incinerators Used In Disaster Recovery (h) Monitoring.
62.15705 What operating parameter 62.15835 What are the requirements for (i) Recordkeeping and reporting.
monitoring equipment must I install, and temporary-use incinerators and air (j) Definitions.
what operating parameters must I curtain incinerators used in disaster (k) Equations
monitor? recovery? (l) Tables.
Applicability approved Clean Air Act section 111(d) (2) The unit burns homogeneous
and section 129 plans along with the waste (not including refuse-derived
§ 62.15460 Am I subject to this subpart? effective dates for such plans. The list fuel) to produce electricity and steam or
(a) You are subject to this subpart if is published annually. If this part does other forms of energy used for
you own or operate an OSWI unit as not indicate that your State or Tribal industrial, commercial, heating, or
defined in § 62.15850, or an air curtain area has an approved and effective plan, cooling purposes.
incinerator subject to this subpart as you should contact your State (3) The owner/operator of the unit
defined in § 62.15785. OSWI units are environmental agency’s air director or notifies the Administrator that the unit
very small municipal waste combustion your EPA Regional Office to determine meets all of these criteria.
units and institutional waste if the EPA has approved a State plan (d) Commercial and industrial solid
incineration units as defined in covering your unit since publication of waste incineration units. The unit is
§ 62.15850. Units subject to this subpart the most recent version of this subpart. excluded if it is regulated under
meet the criteria described in subparts CCCC or DDDD of part 60 or
paragraphs (a)(1) through (a)(3) of this § 62.15480 If my OSWI unit is not listed in subpart III of part 62 and is required to
section. the Federal plan inventory, am I exempt
from this subpart?
meet the emission limitations
(1) Construction of your incineration established in those subparts.
unit commenced on or before November Not necessarily. Sources subject to (e) Hazardous waste combustion
December 9, 2004. this subpart are not limited to the units. The unit is excluded if it meets
(2) Your incineration unit is not inventory of sources listed in Docket either of the two criteria specified in
exempt under § 62.15485. No. EPA–HQ–OAR–2006–0364 for the paragraph (e)(1) or (2) of this section.
(3) Your incineration unit is not Federal plan. If your incineration unit (1) The owner/operator of the unit is
regulated by an EPA approved and meets the applicability criteria in required to get a permit for the unit
currently effective State or Tribal plan, § 62.15460, this subpart applies to you under section 3005 of the Solid Waste
or your incineration unit is located in whether or not your unit is listed in the Disposal Act.
any State whose approved State or Federal plan inventory in the docket. (2) The unit is regulated under 40 CFR
Tribal plan is subsequently vacated in part 63, subpart EEE (National Emission
§ 62.15485 Can my combustion unit be
whole or in part. Standards for Hazardous Air Pollutants
exempt from this subpart?
(b) If the owner or operator of an from Hazardous Waste Combustors).
incineration unit subject to this subpart This subpart exempts the types of
units described in paragraphs (a) (f) Hospital/medical/infectious waste
makes changes that meet the definition incinerators. The unit is excluded if it
of modification or reconstruction on or through (q) of this section from
complying with the requirements of this is regulated under subparts Ce or Ec of
after June 16, 2006, that unit becomes part 60 (New Source Performance
subject to subpart EEEE of 40 CFR part subpart except for the requirements
specified in this section. Standards and Emission Guidelines for
60 (New Source Performance Standards Hospital/Medical/Infectious Waste
for Other Solid Waste Incineration (a) Cement kilns. The unit is excluded
if it is regulated under subpart LLL of Incinerators) or subpart HHH of part 62
Units) and this subpart no longer (Federal Plan Requirements for
applies to that unit. part 63 of this chapter (National
Emission Standards for Hazardous Air Hospital/Medical/Infectious Waste
(c) If you make physical or Incinerators Constructed on or before
operational changes to your existing Pollutants from the Portland Cement
Manufacturing Industry). June 20, 1996).
incineration unit primarily to comply (g) Incinerators and air curtain
with this subpart, then such changes do (b) Co-fired combustors. The unit, that
would otherwise be considered a very incinerators in isolated areas of Alaska.
not qualify as modifications or The incineration unit is excluded if it is
reconstructions under subpart EEEE of small municipal waste combustion unit,
is excluded if the owner/operator of the used at a solid waste disposal site in
40 CFR part 60. Alaska that is classified as a Class II or
unit meets the following five
§ 62.15470 Can my OSWI unit be covered requirements: Class III municipal solid waste landfill,
by both a State plan and this subpart? (1) Has a Federally enforceable permit as defined in § 62.15850.
(a) If your OSWI unit is located in a limiting the combustion of municipal (h) Rural institutional waste
State that does not have an EPA- solid waste to 30 percent of the total incinerators. The incineration unit is
approved State plan or your State’s plan fuel input by weight. excluded if it is an institutional waste
has not become effective, this subpart (2) Notifies the Administrator that the incinerator, as defined in § 62.15850,
applies to your OSWI unit until the EPA unit qualifies for the exclusion. and the application for exclusion
approves a State plan that covers your (3) Provides the Administrator with a described in paragraphs (h)(1) and (2) of
OSWI unit and that State plan becomes copy of the Federally enforceable this section has been approved by the
effective. However, a State may enforce permit. Administrator.
the requirements of a State regulation (4) Records the weights, each calendar (1) Prior to 1 year before the final
while your OSWI unit is still subject to quarter, of municipal solid waste and of compliance date, an application and
this subpart. all other fuels combusted. supporting documentation
(b) After the EPA approves a State (5) Keeps each report for 5 years. demonstrating that the institutional
plan covering your OSWI unit, and after These records must be kept on site for waste incineration unit meets the two
that State plan becomes effective, you at least 2 years, but may be kept off site requirements specified in paragraphs
will no longer be subject to this subpart for the remaining 3 years. (h)(1)(i) and (ii) of this section must be
and will only be subject to the approved (c) Cogeneration facilities. The unit is submitted to the Administrator for
excluded if it meets the three approval.
and effective State plan.

requirements specified in paragraphs (i) The unit is located more than 50
§ 62.15475 How do I determine if my OSWI (c)(1) through (3) of this section. miles from the boundary of the nearest
unit is covered by an approved and (1) The unit qualifies as a Metropolitan Statistical Area,
effective State or Tribal plan? cogeneration facility under section (ii) Alternative disposal options are
This part (40 CFR part 62) contains a 3(18)(B) of the Federal Power Act (16 not available or are economically
list of State and Tribal areas with U.S.C. 796(18)(B)). infeasible,
(2) The application described in (1) The unit qualifies as a small § 62.15485(b) and (l) must submit any
paragraph (h)(1) of this section must be power-production facility under section records required to support their claims
revised and resubmitted to the 3(17)(C) of the Federal Power Act (16 of exemption to the EPA Administrator
Administrator for approval every 5 years U.S.C. 796(17)(C)). (or delegated enforcement authority)
following the initial approval of the (2) The unit burns homogeneous upon request. Upon request by any
exclusion for your unit. waste (not including refuse-derived person under the regulation at part 2 of
(3) If you re-applied for an exclusion fuel) to produce electricity. this chapter (or a comparable law or
pursuant to paragraph (h)(2) of this (3) The owner/operator of the unit regulation governing a delegated
section and were denied exclusion by notifies the Administrator that the unit enforcement authority), the EPA
the Administrator, you have 3 years meets all of these criteria. Administrator (or delegated
from the expiration date of the current (o) Temporary-use incinerators and
enforcement authority) must request the
exclusion to comply with the emission air curtain incinerators used in disaster
records in § 62.15485(b) and (l) from an
limits and all other applicable recovery. The incineration unit is
excluded if it is used on a temporary owner or operator and make such
requirements of this subpart. records available to the requestor to the
(i) Institutional boilers and process basis to combust debris from a disaster
or emergency such as a tornado, extent required by part 2 of this chapter
heaters. The unit is excluded if it is (or a comparable law governing a
regulated under 40 CFR part 63, subpart hurricane, flood, ice storm, high winds,
or act of bioterrorism and you comply delegated enforcement authority). Any
DDDDD (National Emission Standards records required under § 62.15485(b)
for Hazardous Air Pollutants for with the requirements in § 62.15835.
(p) Units that combust contraband or and (l) must be maintained by the
Industrial, Commercial, and
prohibited goods. The incineration unit source for a period of at least 5 years.
Institutional Boilers and Process
is excluded if the unit is owned or Notifications of exemption claims
Heaters).
operated by a government agency such required under § 62.15485(b) and (l) of
(j) Laboratory Analysis Units. The unit as police, customs, agricultural this section must be maintained by the
is excluded if it burns samples of inspection, or a similar agency to EPA or delegated enforcement authority
materials only for the purpose of destroy only illegal or prohibited goods for a period of at least five years. Any
chemical or physical analysis. such as illegal drugs, or agricultural information obtained from an owner or
(k) Materials recovery units. The unit food products that can not be operator of a source accompanied by a
is excluded if it combusts waste for the transported into the country or across claim of confidentiality will be treated
primary purpose of recovering metals. state lines to prevent biocontamination.
Examples include primary and in accordance with the regulations in
The exclusion does not apply to items part 2 of this chapter (or a comparable
secondary smelters. either confiscated or incinerated by
law governing a delegated enforcement
(l) Pathological waste incineration private, industrial, or commercial
units. An institutional waste authority).
entities.
incineration unit or very small (q) Incinerators used for national § 62.15500 Are air curtain incinerators
municipal waste combustion unit is security. Your incineration unit is regulated under this subpart?
excluded from this subpart if it burns 90 excluded if it meets the requirements
percent or more by weight (on a specified in either (q)(1) or (2) of this (a) Air curtain incinerators that burn
calendar quarter basis and excluding the section. less than 35 tons per day of municipal
weight of auxiliary fuel and combustion (1) The incineration unit is used solid waste or air curtain incinerators
air) of pathological waste, low-level solely during military training field located at institutional facilities burning
radioactive waste, and/or exercises to destroy national security any amount of institutional waste
chemotherapeutic waste as defined in materials integral to the field exercises. generated at that facility are subject to
§ 62.15850 and the owner/operator of (2) The incineration unit is used all requirements of this subpart,
the unit meets the criteria specified in solely to incinerate national security including the emission limitations
paragraphs (l)(1) and (2) of this section. materials, its use is necessary to specified in Table 1 of this subpart.
(1) Notify the Administrator that the safeguard national security, you follow
(b) Air curtain incinerators that burn
unit meets these criteria. the exclusion request requirements in
paragraphs (q)(2)(i) and (ii) of this only less than 35 tons per day of the
(2) Keeps records on a calendar materials listed in paragraphs (b)(1)
quarter basis of the weight of section, and the Administrator has
approved your request for exclusion. through (4) of this section collected
pathological waste, low-level from the general public and from
radioactive waste, and/or (i) The request for exclusion and
supporting documentation must residential, commercial, institutional,
chemotherapeutic waste burned, and and industrial sources; or, air curtain
the weight of all other fuels and wastes demonstrate both that the incineration
unit is used solely to destroy national incinerators located at institutional
burned in the unit. facilities that burn only the materials
security materials and that a reliable
(m) Small or large municipal waste listed in paragraphs (b)(1) through (4) of
alternative to incineration that ensures
combustion units. The unit is excluded this section generated at that facility, are
acceptable destruction of national
if it is regulated under 40 CFR part 60, required to meet only the requirements
security materials is unavailable, on
subparts AAAA, BBBB, Ea, Eb, or Cb, in §§ 62.15785 through 62.15830 and are
either a permanent or temporary basis.
and is required to meet the emission
(ii) The request for exclusion must be exempt from all other requirements of
limitations established in those
submitted to the Administrator prior to this subpart.
subparts. Also excluded are units
1 year before the final compliance date. (1) 100 percent wood waste.
regulated under 40 CFR part 62,
subparts FFF or JJJ. § 62.15495 When must I submit any (2) 100 percent clean lumber.
(n) Small power production facilities. records required pursuant to an exemption
The unit is excluded if it meets the three allowed under § 62.15485? (3) 100 percent yard waste.
requirements specified in paragraphs Owners or operators of sources that (4) 100 percent mixture of only wood
(n)(1) through (3) of this section. qualify for the exemptions in waste, clean lumber, and/or yard waste.
Compliance Schedule and Increments (1) You must comply with the such as paper, cardboard, plastics, glass,
of Progress operator training and qualification batteries, or metals; or the use of
requirements and inspection recyclable materials. The plan must
§ 62.15505 When must I comply with this
requirements (if applicable) of this identify any additional waste
subpart if I plan to continue operation of my
OSWI unit? subpart by [A DATE WILL BE management measures, and the source
INSERTED WHICH WILL BE ONE must implement those measures
If you plan to continue operation and
YEAR AFTER DATE THE FINAL RULE considered practical and feasible, based
come into compliance with the
IS PUBLISHED IN THE Federal on the effectiveness of waste
requirements of this subpart by [A
DATE WILL BE INSERTED WHICH Register]. management measures already in place,
(2) While still in operation, your the costs of additional measures, the
WILL BE THREE YEARS AFTER DATE
THE FINAL RULE IS PUBLISHED IN OSWI unit is subject to the same emissions reductions expected to be
THE Federal Register], then you must requirement to apply for and obtain a achieved, and any other environmental
complete the requirements of title V operating permit that applies to or energy impacts they might have.
paragraphs (a) through (f) of this section. an OSWI unit that will not be
Operator Training and Qualification
(a) You must comply with the permanently closing. See §§ 62.15825
operator training and qualification and 62.15830. § 62.15535 What are the operator training
requirements and inspection and qualification requirements?
§ 62.15515 What must I do if I close my
requirements (if applicable) of this OSWI unit and then restart it? (a) No OSWI unit can be operated
subpart by [A DATE WILL BE unless a fully trained and qualified
(a) If you close your OSWI unit but
INSERTED WHICH WILL BE ONE OSWI unit operator is accessible, either
will reopen it prior to [A DATE WILL
YEAR AFTER DATE THE FINAL RULE at the facility or can be at the facility
BE INSERTED WHICH WILL BE THREE
IS PUBLISHED IN THE Federal within 1 hour. The trained and qualified
YEARS AFTER DATE THE FINAL
Register]. OSWI unit operator may operate the
RULE IS PUBLISHED IN THE Federal
(b) You must submit a waste OSWI unit directly or be the direct
Register], you must meet all the
management plan no later than 60 days supervisor of one or more other plant
requirements of § 62.15505.
following the initial performance test as personnel who operate the unit. If all
(b) If you close your OSWI unit and
specified in Table 4 of this subpart. qualified OSWI unit operators are
(c) You must achieve final compliance restart the unit after [A DATE WILL BE
temporarily not accessible, you must
by [A DATE WILL BE INSERTED INSERTED WHICH WILL BE THREE
follow the procedures in § 62.15570.
WHICH WILL BE THREE YEARS YEARS AFTER THE DATE THE FINAL (b) Operator training and qualification
AFTER THE DATE THE FINAL RULE IS RULE IS PUBLISHED IN THE Federal must be obtained through a State-
PUBLISHED IN THE Federal Register]. Register] and resume operation, you approved program or by completing the
To achieve final compliance, you must must meet all of the requirements of requirements included in paragraph (c)
incorporate all process changes and § 62.15505(a), (b), (c), and (e) at the time of this section.
complete retrofit construction of control you restart your OSWI unit. You must (c) Training must be obtained by
devices, so that, if the affected CISWI conduct the initial performance test completing an incinerator operator
unit is brought online, all necessary within 30 days of restarting your OSWI training course that includes, at a
process changes and air pollution unit. Upon restarting your OSWI unit, minimum, the three elements described
control devices would operate as you must have incorporated all process in paragraphs (c)(1) through (3) of this
designed. changes and completed retrofit section.
(d) You must conduct the initial construction of control devices so that (1) Training on the 13 subjects listed
performance test no later than [A DATE when the affected OSWI unit is brought in paragraphs (c)(1)(i) through (xiii) of
WILL BE INSERTED WHICH WILL BE online, all necessary process changes this section.
THREE YEARS PLUS 180 DAYS AFTER and air pollution control devices (i) Environmental concerns, including
THE DATE THE FINAL RULE IS operate as designed. types of emissions.
PUBLISHED IN THE Federal Register]. Waste Management Plan (ii) Basic combustion principles,
(e) You must submit an initial test including products of combustion.
report including the results of the initial § 62.15520 What is a waste management (iii) Operation of the specific type of
performance test no later than 60 days plan? incinerator to be used by the operator,
following the initial performance test. A waste management plan is a written including proper startup, waste
(f) You must submit a notification to plan that identifies both the feasibility charging, and shutdown procedures.
the Administrator stating whether final and the methods used to reduce or (iv) Combustion controls and
compliance has been achieved, separate certain components of solid monitoring.
postmarked within 10 business days waste from the waste stream in order to (v) Operation of air pollution control
after [A DATE WILL BE INSERTED reduce or eliminate toxic emissions equipment and factors affecting
WHICH WILL BE THREE YEARS PLUS from incinerated waste. performance (if applicable).
10 DAYS AFTER THE DATE THE (vi) Inspection and maintenance of
FINAL RULE IS PUBLISHED IN THE § 62.15525 When must I submit my waste the incinerator and air pollution control
Federal Register]. management plan? devices.
You must submit a waste management (vii) Methods to monitor pollutants
§ 62.15510 What must I do if I plan to plan no later than 60 days following the (including monitoring of incinerator and
permanently close my OSWI unit and not initial performance test as specified in control device operating parameters)
restart it? and monitoring equipment calibration
Table 4 of this subpart
You must close the unit before the procedures, where applicable.
final compliance date on [A DATE WILL § 62.15530 What should I include in my (viii) Actions to correct malfunctions
BE INSERTED WHICH WILL BE THREE waste management plan? or conditions that may lead to
YEARS AFTER DATE THE FINAL A waste management plan must malfunction.
RULE IS PUBLISHED IN THE Federal include consideration of the reduction (ix) Bottom and fly ash characteristics
Register]. or separation of waste-stream elements and handling procedures.
(x) Applicable Federal, State, and (b) For a lapse of 3 years or more, you completed review of the information in
local regulations, including must repeat the initial qualification paragraph (a) of this section as required
Occupational Safety and Health requirements in § 62.15550(a). by paragraph (b) of this section,
Administration workplace standards. including the date of the initial review
(xi) Pollution prevention. § 62.15565 What site-specific and all subsequent annual reviews.
documentation is required?
(xii) Waste management practices. (2) Records showing the names of the
(xiii) Recordkeeping requirements. (a) Documentation must be available OSWI unit operators who have
(2) An examination designed and at the facility and readily accessible for completed the operator training
administered by the instructor. all OSWI unit operators that addresses requirements under § 62.15535, met the
(3) Written material covering the the nine topics described in paragraphs criteria for qualification under
training course topics that may serve as (a)(1) through (9) of this section. You § 62.15550, and maintained or renewed
reference material following completion must maintain this information and the their qualification under § 62.15555 or
of the course. training records required by paragraph § 62.15560. Records must include
(c) of this section in a manner that they documentation of training, the dates of
§ 62.15545 When must the operator can be readily accessed and are suitable
training course be completed?
the initial and refresher training, and
for inspection upon request. the dates of their qualification and all
The operator training course must be (1) Summary of the applicable subsequent renewals of such
completed by the latest of the three standards under this subpart. qualifications.
dates specified in paragraphs (a) (2) Procedures for receiving, handling, (3) For each qualified operator, the
through (c) of this section. and charging waste. phone and/or pager number at which
(a) The final compliance date (3) Incinerator startup, shutdown, and they can be reached during operating
specified in § 62.15505. malfunction procedures. hours.
(b) Six months after your OSWI unit (4) Procedures for maintaining proper
startup. combustion air supply levels. § 62.15570 What if all the qualified
(c) Six months after an employee (5) Procedures for operating the operators are temporarily not accessible?
assumes responsibility for operating the incinerator and associated air pollution If all qualified operators are
OSWI unit or assumes responsibility for control systems within the standards temporarily not accessible (i.e., not at
supervising the operation of the OSWI established under this subpart. the facility and not able to be at the
unit. (6) Monitoring procedures for facility within 1 hour), you must meet
demonstrating compliance with the one of the three criteria specified in
§ 62.15550 How do I obtain my operator
qualification?
operating limits established under this paragraphs (a) through (c) of this
subpart. section, depending on the length of time
(a) You must obtain operator (7) Reporting and recordkeeping that a qualified operator is not
qualification by completing a training procedures. accessible.
course that satisfies the criteria under (8) The waste management plan (a) When all qualified operators are
§ 62.15535(c). required under §§ 62.15520 through not accessible for 12 hours or less, the
(b) Qualification is valid from the date 62.15530. OSWI unit may be operated by other
on which the training course is (9) Procedures for handling ash. plant personnel familiar with the
completed and the operator successfully (b) You must establish a program for operation of the OSWI unit who have
passes the examination required under reviewing the information listed in completed review of the information
§ 62.15535(c)(2). paragraph (a) of this section with each specified in § 62.15565(a) within the
§ 62.15555 How do I maintain my operator incinerator operator. past 12 months. You do not need to
qualification? (1) The initial review of the notify the Administrator or include this
To maintain qualification, you must information listed in paragraph (a) of as a deviation in your annual report.
complete an annual review or refresher this section must be conducted by the (b) When all qualified operators are
course covering, at a minimum, the five latest of three dates specified in not accessible for more than 12 hours,
topics described in paragraphs (a) paragraphs (b)(1)(i) through (iii) of this but less than 2 weeks, the OSWI unit
through (e) of this section. section. may be operated by other plant
(a) Update of regulations. (i) [A DATE WILL BE INSERTED personnel familiar with the operation of
(b) Incinerator operation, including WHICH WILL BE THREE YEARS the OSWI unit who have completed a
startup and shutdown procedures, waste AFTER DATE THE FINAL RULE IS review of the information specified in
charging, and ash handling. PUBLISHED IN THE Federal Register]. § 62.15565(a) within the past 12 months.
(c) Inspection and maintenance. (ii) Six months after your OSWI unit However, you must record the period
(d) Responses to malfunctions or startup. when all qualified operators were not
conditions that may lead to (iii) Six months after an employee accessible and include this deviation in
malfunction. assumes responsibility for operating the the annual report as specified under
(e) Discussion of operating problems OSWI unit or assumes responsibility for § 62.15570.
encountered by attendees. supervising the operation of the OSWI (c) When all qualified operators are
unit. not accessible for 2 weeks or more, you
§ 62.15560 How do I renew my lapsed (2) Subsequent annual reviews of the must take the two actions that are
operator qualification? information listed in paragraph (a) of described in paragraphs (c)(1) and (2) of
You must renew a lapsed operator this section must be conducted not later this section.
qualification by one of the two methods than 12 months following the previous (1) Notify the Administrator of this
specified in paragraphs (a) and (b) of review. deviation in writing within 10 days. In
this section. (c) You must also maintain the the notice, state what caused this
(a) For a lapse of less than 3 years, information specified in paragraphs deviation, what you are doing to ensure
you must complete a standard annual (c)(1) through (3) of this section. that a qualified operator is accessible,
refresher course described in (1) Records showing the names of and when you anticipate that a qualified
§ 62.15555. OSWI unit operators who have operator will be accessible.
(2) Submit a status report to the EPA emission limitations; or minimum accuracy and precision of these methods
every 4 weeks outlining what you are amperage to the wet scrubber, which is and instruments.
doing to ensure that a qualified operator calculated as the average amperage to (e) A discussion identifying the
is accessible, stating when you the wet scrubber measured during the frequency and methods for recalibrating
anticipate that a qualified operator will most recent performance test the instruments you will use for
be accessible and requesting approval demonstrating compliance with the monitoring these parameters.
from the EPA to continue operation of particulate matter emission limitations.
§ 62.15605 What happens during periods
the OSWI unit. You must submit the (3) Minimum scrubber liquor flow of startup, shutdown, and malfunction?
first status report 4 weeks after you rate, which is calculated as the average
notify the EPA of the deviation under The emission limitations and
liquor flow rate at the inlet to the wet
paragraph (c)(1) of this section. If the operating limits apply at all times
scrubber measured during the most
EPA notifies you that your request to except during OSWI unit startups,
recent performance test demonstrating
continue operation of the OSWI unit is shutdowns, or malfunctions.
compliance with all applicable emission
disapproved, the OSWI unit may limitations. Performance Testing
continue operation for 90 days, then (4) Minimum scrubber liquor pH,
must cease operation. Operation of the § 62.15610 How do I conduct the initial and
which is calculated as the average liquor annual performance test?
unit may resume if you meet the two pH at the inlet to the wet scrubber
requirements in paragraphs (c)(2)(i) and measured during the most recent (a) All performance tests must consist
(ii) of this section. performance test demonstrating of a minimum of three test runs
(i) A qualified operator is accessible compliance with the hydrogen chloride conducted under conditions
as required under § 62.15535(a). and sulfur dioxide emission limitations. representative of normal operations.
(ii) You notify the EPA that a (b) All performance tests must be
(b) You must meet the operating conducted using the methods in Table
qualified operator is accessible and that limits established during the initial
you are resuming operation. 1 of this subpart.
performance test beginning on the date (c) All performance tests must be
Emission Limitations and Operating [A DATE WILL BE INSERTED WHICH conducted using the minimum run
Limits WILL BE THREE YEARS PLUS 180 duration specified in Table 1 of this
DAYS AFTER THE DATE THE FINAL subpart.
§ 62.15575 What emission limitations must RULE IS PUBLISHED IN THE Federal
I meet and by when? (d) Method 1 of appendix A of 40 CFR
Register]. part 60 must be used to select the
You must meet the emission
limitations specified in Table 1 of this § 62.15595 What if I do not use a wet sampling location and number of
subpart on the date the initial scrubber to comply with the emission traverse points.
performance test is required or limitations? (e) Method 3A or 3B of appendix A
completed, whichever is earlier. Section If you use an air pollution control of 40 CFR part 60 must be used for gas
62.15630 specifies the date by which device other than a wet scrubber or limit composition analysis, including
you are required to conduct your emissions in some other manner to measurement of oxygen concentration.
performance test. comply with the emission limitations Method 3A or 3B of appendix A of 40
under § 62.15575, you must petition the CFR part 60 must be used
§ 62.15585 What operating limits must I
EPA for specific operating limits, the simultaneously with each method.
meet and by when? (f) All pollutant concentrations,
values of which are to be established
(a) If you use a wet scrubber to except for opacity, must be adjusted to
during the initial performance test and
comply with the emission limitations, 7 percent oxygen using Equation 1 in
then continuously monitored thereafter.
you must establish operating limits for § 62.15845(a).
You must not conduct the initial (g) Method 26A of appendix A of 40
four operating parameters (as specified performance test until after the petition
in Table 2 of this subpart) as described CFR part 60 must be used for hydrogen
has been approved by the EPA. Your chloride concentration analysis, with
in paragraphs (a)(1) through (4) of this petition must include the five items
section during the initial performance the additional requirements specified in
listed in paragraphs (a) through (e) of paragraphs (g)(1) through (3) of this
test. this section.
(1) Maximum charge rate, calculated section.
(a) Identification of the specific (1) The probe and filter must be
using one of the two different
parameters you propose to use as conditioned prior to sampling using the
procedures in paragraphs (a)(1)(i) or (ii)
operating limits. procedure described in paragraphs
of this section, as appropriate.
(i) For continuous and intermittent (b) A discussion of the relationship (g)(1)(i) through (iii) of this section.
units, maximum charge rate is the between these parameters and emissions (i) Assemble the sampling train(s) and
average charge rate measured during the of regulated pollutants, identifying how conduct a conditioning run by
most recent performance test emissions of regulated pollutants collecting between 14 liters per minute
demonstrating compliance with all change with changes in these (0.5 cubic feet per minute) and 30 liters
applicable emission limitations. parameters, and how limits on these per minute (1.0 cubic feet per minute)
(ii) For batch units, maximum charge parameters will serve to limit emissions of gas over a 1-hour period. Follow the
rate is the charge rate measured during of regulated pollutants. sampling procedures outlined in section
the most recent performance test (c) A discussion of how you will 8.1.5 of Method 26A of appendix A of
demonstrating compliance with all establish the upper and/or lower values 40 CFR part 60. For the conditioning
applicable emission limitations. for these parameters that will establish run, water can be used as the impinger
(2) Minimum pressure drop across the the operating limits on these solution.
wet scrubber, which is calculated as the parameters. (ii) Remove the impingers from the
average pressure drop across the wet (d) A discussion identifying the sampling train and replace with a fresh
scrubber measured during the most methods you will use to measure and impinger train for the sampling run,
recent performance test demonstrating the instruments you will use to monitor leaving the probe and filter (and
compliance with the particulate matter these parameters, as well as the relative cyclone, if used) in position. Do not
recover the filter or rinse the probe of this subpart and the procedures in § 62.15660 May I conduct a repeat
before the first run. Thoroughly rinse § 62.15610. performance test to establish new operating
the impingers used in the limits?
(b) You must continuously monitor
preconditioning run with deionized carbon monoxide emissions to Yes. You may conduct a repeat
water and discard these rinses. determine compliance with the carbon performance test at any time to establish
(iii) The probe and filter assembly are monoxide emissions limitation. Twelve- new values for the operating limits. The
conditioned by the stack gas and are not Administrator may request a repeat
hour rolling average values are used to
recovered or cleaned until the end of performance test at any time.
determine compliance. A 12-hour
testing.
(2) For the duration of sampling, a rolling average value the carbon Monitoring
temperature around the probe and filter monoxide emission limit in Table 1
(and cyclone, if used) between 120 °C constitutes a deviation from the § 62.15665 What continuous emission
emission limitation. monitoring systems must I install?
(248 °F) and 134 °C (273 °F) must be
maintained. (c) You must continuously monitor (a) You must install, calibrate,
(3) If water droplets are present in the the operating parameters specified in maintain, and operate continuous
sample gas stream, the requirements § 62.15585 or established under emission monitoring systems for carbon
specified in paragraphs (g)(3)(i) and (ii) § 62.15595. Three-hour rolling average monoxide and for oxygen. You must
of this section must be met. values are used to determine monitor the oxygen concentration at
(i) The cyclone described in section compliance with the operating limits each location where you monitor carbon
6.1.4 of Method 26A of appendix A of unless a different averaging period is monoxide.
40 CFR part 60. established under § 62.15595. A 3-hour (b) You must install, evaluate, and
(ii) The post-test moisture removal rolling average value (unless a different operate each continuous emission
procedure described in section 8.1.6 of averaging period is established under monitoring system according to the
Method 26A of appendix A of 40 CFR § 62.15595) above the established ‘‘Monitoring Requirements’’ in § 60.13.
part 60 must be used. maximum or below the established
minimum operating limits constitutes a § 62.15675 How do I make sure my
§ 62.15615 How are the performance test
deviation from the established operating continuous emission monitoring systems
data used?
limits. Operating limits do not apply are operating correctly?
You use results of performance tests
to demonstrate compliance with the during performance tests. (a) Conduct initial, daily, quarterly,
emission limitations in Table 1 of this and annual evaluations of your
§ 62.15645 By what date must I conduct
subpart. the annual performance test?
continuous emission monitoring
systems that measure carbon monoxide
Initial Compliance Requirements You must conduct annual and oxygen.
§ 62.15620 How do I demonstrate initial performance tests within 12 months (b) Complete your initial evaluation of
compliance with the emission limitations following the initial performance test. the continuous emission monitoring
and establish the operating limits? Conduct subsequent annual systems by the date not later than
You must conduct an initial performance tests within 12 months within 180 days after [A DATE WILL BE
performance test, as required under following the previous one. INSERTED WHICH WILL BE THREE
section 60.8, to determine compliance § 62.15650 May I conduct performance YEARS PLUS 180 DAYS AFTER THE
with the emission limitations in Table 1 testing less often? DATE THE FINAL RULE IS PUBLISHED
of this subpart of part 62 and to IN THE Federal Register]
establish operating limits using the (a) You can test less often for a given
(c) For initial and annual evaluations,
procedure in § 62.15585 or § 62.15595. pollutant if you have test data for at
collect data concurrently (or within 30
The initial performance test must be least three consecutive annual tests, and
to 60 minutes) using your carbon
conducted using the test methods listed all performance tests for the pollutant
monoxide and oxygen continuous
in Table 1 of this subpart and the over that period show that you comply
emission monitoring systems. To
procedures in § 62.15610. with the emission limitation. In this
validate carbon monoxide concentration
case, you do not have to conduct a
§ 62.15630 By what date must I conduct levels, use EPA Method 10, 10A, or 10B
performance test for that pollutant for
the initial performance test? of appendix A of part 60. Use EPA
the next 2 years. You must conduct a
The initial performance test must be Method 3 or 3A to measure oxygen.
performance test during the 3rd year
conducted no later than [A DATE WILL Collect the data during each initial and
and no more than 36 months following
BE INSERTED WHICH WILL BE THREE annual evaluation of your continuous
the previous performance test. emission monitoring systems following
YEARS PLUS 180 DAYS AFTER THE
DATE THE FINAL RULE IS PUBLISHED (b) If your OSWI unit continues to the applicable performance
IN THE Federal Register]. meet the emission limitation for the specifications in appendix B of 40 CFR
pollutant, you may choose to conduct part 60. Table 3 of this subpart shows
Continuous Compliance Requirements performance tests for that pollutant the required span values and
§ 62.15635 How do I demonstrate
every 3rd year, but each test must be performance specifications that apply to
continuous compliance with the emission within 36 months of the previous each continuous emission monitoring
limitations and the operating limits? performance test. system.
(a) You must conduct an annual (c) If a performance test shows a (d) Follow the quality assurance
performance test for all of the pollutants deviation from an emission limitation procedures in Procedure 1 of appendix
in Table 1 of this subpart for each OSWI for any pollutant, you must conduct F of 40 CFR part 60 for each continuous
unit to determine compliance with the annual performance tests for that emission monitoring system. The
emission limitations. The annual pollutant until three consecutive annual procedures include daily calibration
performance test must be conducted performance tests for that pollutant all drift and quarterly accuracy
using the test methods listed in Table 2 show compliance. determinations.
§ 62.15685 What is my schedule for (b) Use Equation 2 in § 62.15845 to the requirements of this subpart,
evaluating continuous emission monitoring calculate the 12-hour rolling averages including data averages and
systems? for concentrations of carbon monoxide. calculations. You must use all the data
(a) Conduct annual evaluations of collected during all other periods in
your continuous emission monitoring § 62.15705 What operating parameter assessing compliance with the operating
monitoring equipment must I install, and
systems no more than 12 months after limits.
what operating parameters must I monitor?
the previous evaluation was conducted.
(a) If you are using a wet scrubber to Recordkeeping and Reporting
(b) Evaluate your continuous emission
monitoring systems daily and quarterly comply with the emission limitations
§ 62.15715 What records must I keep?
as specified in appendix F of 40 CFR under § 62.15575, you must install,
calibrate (to manufacturers’ You must maintain the 14 items (as
part 60. applicable) as specified in paragraphs
specifications), maintain, and operate
§ 62.15690 What is the minimum amount devices (or establish methods) for (a) through (n) of this section for a
of monitoring data I must collect with my monitoring the value of the operating period of at least 5 years:
continuous emission monitoring systems, parameters used to determine (a) Calendar date of each record.
and is the data collection requirement compliance with the operating limits (b) Records of the data described in
enforceable?
listed in Table 2 of this subpart. These paragraphs (b)(1) through (8) of this
(a) Where continuous emission devices (or methods) must measure and section.
monitoring systems are required, obtain record the values for these operating (1) The OSWI unit charge dates,
1-hour arithmetic averages. Make sure parameters at the frequencies indicated times, weights, and hourly charge rates.
the averages for carbon monoxide are in in Table 2 of this subpart at all times. (2) Liquor flow rate to the wet
parts per million by dry volume at 7 (b) You must install, calibrate (to scrubber inlet every 15 minutes of
percent oxygen. Use the 1-hour averages manufacturers’ specifications), operation, as applicable.
of oxygen data from your continuous maintain, and operate a device or (3) Pressure drop across the wet
emission monitoring system to method for measuring the use of any scrubber system every 15 minutes of
determine the actual oxygen level and to stack that could be used to bypass the operation or amperage to the wet
calculate emissions at 7 percent oxygen. control device. The measurement must scrubber every 15 minutes of operation,
(b) Obtain at least two data points per include the date, time, and duration of as applicable.
hour in order to calculate a valid 1-hour the use of the bypass stack. (4) Liquor pH as introduced to the wet
arithmetic average. Section 60.13(e)(2) (c) If you are using a method or air scrubber every 15 minutes of operation,
requires your continuous emission pollution control device other than a as applicable.
monitoring systems to complete at least wet scrubber to comply with the (5) For OSWI units that establish
one cycle of operation (sampling, emission limitations under § 62.15575, operating limits for controls other than
analyzing, and data recording) for each you must install, calibrate (to the wet scrubbers under § 62.15595, you
15-minute period. manufacturers’ specifications), must maintain data collected for all
(c) Obtain valid 1-hour averages for at maintain, and operate the equipment operating parameters used to determine
least 75 percent of the operating hours necessary to monitor compliance with compliance with the operating limits.
per day for at least 90 percent of the the site-specific operating limits (6) All 1-hour average concentrations
operating days per calendar quarter. An established using the procedures in of carbon monoxide emissions.
operating day is any day the unit § 62.15595. (7) All 12-hour rolling average values
combusts any municipal or institutional of carbon monoxide emissions and all 3-
solid waste. § 62.15710 Is there a minimum amount of hour rolling average values of
operating parameter monitoring data I must continuously monitored operating
(d) If you do not obtain the minimum
obtain? parameters.
data required in paragraphs (a) through
(c) of this section, you have deviated (a) Except for monitor malfunctions, (8) Records of the dates, times, and
from the data collection requirement associated repairs, and required quality durations of any bypass of the control
regardless of the emission level assurance or quality control activities device.
monitored. (including, as applicable, calibration (c) Identification of calendar dates
(e) If you do not obtain the minimum checks and required zero and span and times for which continuous
data required in paragraphs (a) through adjustments of the monitoring system), emission monitoring systems or
(c) of this section, you must still use all you must conduct all monitoring at all monitoring systems used to monitor
valid data from the continuous emission times the OSWI unit is operating. operating limits were inoperative,
monitoring systems in calculating (b) You must obtain valid monitoring inactive, malfunctioning, or out of
emission concentrations. data for at least 75 percent of the control (except for downtime associated
(f) If continuous emission monitoring operating hours per day for at least 90 with zero and span and other routine
systems are temporarily unavailable to percent of the operating days per calibration checks). Identify the
meet the data collection requirements, calendar quarter. An operating day is pollutant emissions or operating
refer to Table 3 of this subpart. It shows any day the unit combusts any parameters not measured, the duration,
alternate methods for collecting data municipal or institutional solid waste. reasons for not obtaining the data, and
when systems malfunction or when (c) If you do not obtain the minimum a description of corrective actions taken.
repairs, calibration checks, or zero and data required in paragraphs (a) and (b) (d) Identification of calendar dates,
span checks keep you from collecting of this section, you have deviated from times, and durations of malfunctions,
the minimum amount of data. the data collection requirement and a description of the malfunction
regardless of the operating parameter and the corrective action taken.

§ 62.15700 How do I convert my 1-hour level monitored. (e) Identification of calendar dates
arithmetic averages into the appropriate (d) Do not use data recorded during and times for which monitoring data
averaging times and units? monitor malfunctions, associated show a deviation from the carbon
(a) Use Equation 1 in § 62.15845 to repairs, and required quality assurance monoxide emissions limit in Table 1 of
calculate emissions at 7 percent oxygen. or quality control activities for meeting this subpart or a deviation from the
operating limits in Table 2 of this format that can be printed upon request, (f) The highest recorded 12-hour
subpart or a deviation from other unless an alternative format is approved average and the lowest recorded 12-hour
operating limits established under by the Administrator. average, as applicable, for carbon
§ 62.15595 with a description of the monoxide emissions and the highest
deviations, reasons for such deviations, § 62.15730 What reports must I submit? recorded 3-hour average and the lowest
and a description of corrective actions See Table 4 of this subpart for a recorded 3-hour average, as applicable,
taken. summary of the reporting requirements. for each operating parameter recorded
(f) Calendar dates when continuous for the calendar year being reported.
§ 62.15740 What information must I submit
monitoring systems did not collect the (g) Information recorded under
following my initial performance test?
minimum amount of data required § 62.15715(b)(6) and (c) through (e) for
under §§ 62.15690 and 62.15710. You must submit the information the calendar year being reported.
(g) For carbon monoxide continuous specified in paragraphs (a) through (c) of (h) If a performance test was
emissions monitoring systems, this section no later than 60 days conducted during the reporting period,
document the results of your daily drift following the initial performance test. the results of that test.
tests and quarterly accuracy All reports must be signed by the (i) If you met the requirements of
determinations according to Procedure 1 facilities manager. § 62.15650(a) or (b), and did not conduct
of appendix F of 40 CFR part 60. (a) The complete test report for the a performance test during the reporting
(h) Records of the calibration of any initial performance test results obtained period, you must state that you met the
monitoring devices required under under § 62.15620, as applicable. requirements of § 62.15650(a) or (b),
§ 62.15705. (b) The values for the site-specific and, therefore, you were not required to
(i) The results of the initial, annual, operating limits established in conduct a performance test during the
and any subsequent performance tests § 62.15585 or § 62.15595. reporting period.
conducted to determine compliance (c) The waste management plan, as (j) Documentation of periods when all
with the emission limits and/or to specified in §§ 62.15520 through qualified OSWI unit operators were
establish operating limits, as applicable. 62.15530. unavailable for more than 12 hours, but
Retain a copy of the complete test report less than two weeks.
§ 62.15745 When must I submit my annual
including calculations and a description report? § 62.15755 What else must I report if I have
of the types of waste burned during the a deviation from the operating limits or the
test. You must submit an annual report no
emission limitations?
(j) Records showing the names of later than 12 months following the
submission of the information in (a) You must submit a deviation
OSWI unit operators who have report if any recorded 3-hour average
completed review of the information in § 62.15740. You must submit
subsequent reports no more than 12 parameter level is above the maximum
§ 62.15565(a) as required by operating limit or below the minimum
§ 62.15565(b), including the date of the months following the previous report.
operating limit established under this
initial review and all subsequent annual § 62.15750 What information must I subpart, if any recorded 12-hour average
reviews. include in my annual report? carbon monoxide emission rate is above
(k) Records showing the names of the The annual report required under the emission limitation, if the control
OSWI unit operators who have § 62.15745 must include the ten items device was bypassed, or if a
completed the operator training listed in paragraphs (a) through (j) of performance test was conducted showed
requirements under § 62.15535, met the this section. If you have a deviation a deviation from any emission
criteria for qualification under from the operating limits or the limitation.
§ 62.15550, and maintained or renewed emission limitations, you must also (b) The deviation report must be
their qualification under § 62.15555 or submit deviation reports as specified in submitted by August 1 of that year for
§ 62.15560. Records must include §§ 62.15755 through 62.15765. data collected during the first half of the
documentation of training, the dates of (a) Company name and address. calendar year (January 1 to June 30), and
the initial and refresher training, and (b) Statement by the owner or by February 1 of the following year for
the dates of their qualification and all operator, with their name, title, and data you collected during the second
subsequent renewals of such signature, certifying the truth, accuracy, half of the calendar year (July 1 to
qualifications. and completeness of the report. Such December 31).
(l) For each qualified operator, the
certifications must also comply with the § 62.15760 What must I include in the
phone and/or pager number at which
requirements of 40 CFR part 70.5(d) or deviation report?
they can be reached during operating
40 CFR part 71.5(d). In each report required under
hours.
(c) Date of report and beginning and § 62.15755, for any pollutant or
(m) Equipment vendor specifications
ending dates of the reporting period. operating parameter that deviated from
and related operation and maintenance
requirements for the incinerator, (d) The values for the operating limits the emission limitations or operating
emission controls, and monitoring established pursuant to § 62.15585 or limits specified in this subpart, include
equipment. § 62.15595. the seven items described in paragraphs
(n) The information listed in (e) If no deviation from any emission (a) through (g) of this section.
§ 62.15565(a). limitation or operating limit that applies (a) The calendar dates and times your
to you has been reported, a statement unit deviated from the emission
§ 62.15725 Where and in what format must that there was no deviation from the limitations or operating limit
I keep my records? emission limitations or operating limits requirements.
(a) You must keep each record on site during the reporting period, and that no (b) The averaged and recorded data
for at least two years. You may keep the monitoring system used to determine for those dates.
records off site for the remaining three compliance with the emission (c) Durations and causes of each
years. limitations or operating limits was deviation from the emission limitations
(b) All records must be available in inoperative, inactive, malfunctioning or or operating limits and your corrective
either paper copy or computer-readable out of control. actions.
(d) A copy of the operating limit Air Curtain Incinerators That Burn § 62.15805 What are the emission
monitoring data during each deviation Only Wood Waste, Clean Lumber, and/ limitations for air curtain incinerators that
and any test report that documents the or Yard Waste burn only wood waste, clean lumber, and
emission levels. yard waste?
(e) The dates, times, number, § 62.15785 What is an air curtain (a) Within 180 days after [A DATE
incinerator? WILL BE INSERTED WHICH WILL BE
duration, and causes for monitor
downtime incidents (other than (a) An air curtain incinerator operates THREE YEARS AFTER THE DATE THE
downtime associated with zero, span, by forcefully projecting a curtain of air FINAL RULE IS PUBLISHED IN THE
and other routine calibration checks). across an open, integrated combustion Federal Register], you must meet the
(f) Whether each deviation occurred chamber (fire box) or open pit or trench two limitations specified in paragraphs
during a period of startup, shutdown, or (trench burner) in which combustion (a)(1) and (2) of this section.
malfunction, or during another period. occurs. For the purpose of this subpart, (1) The opacity limitation is 10
(g) The dates, times, and durations of air curtain incinerators include both percent (6-minute average), except as
any bypass of the control device. firebox and trench burner units. described in paragraph (a)(2) of this
(b) Air curtain incinerators that burn section.
§ 62.15765 What else must I report if I have only the materials listed in paragraphs
a deviation from the requirement to have a (2) The opacity limitation is 35
(b)(1) through (4) of this section are
qualified operator accessible? percent (6-minute average) during the
required to meet only the requirements
(a) If all qualified operators are not startup period that is within the first 30
in §§ 62.15785 through 62.15820 and are
accessible for two weeks or more, you minutes of operation.
exempt from all other requirements of
must take the two actions in paragraphs (b) The limitations in paragraph (a) of
this subpart.
(a)(1) and (2) of this section. (1) 100 percent wood waste. this section apply at all times except
(1) Submit a notification of the (2) 100 percent clean lumber. during malfunctions.
deviation within 10 days that includes (3) 100 percent yard waste. § 62.15810 How must I monitor opacity for
the three items in paragraphs (a)(1)(i) (4) 100 percent mixture of only wood air curtain incinerators that burn only wood
through (iii) of this section. waste, clean lumber, and/or yard waste. waste, clean lumber, and yard waste?
(i) A statement of what caused the
deviation. § 62.15790 When must I comply if my air (a) Use Method 9 of appendix A of 40
(ii) A description of what you are curtain incinerator burns only wood waste, CFR part 60 to determine compliance
doing to ensure that a qualified operator clean lumber, and yard waste? with the opacity limitation.
is accessible. You must achieve compliance by [A (b) Conduct an initial test for opacity
(iii) The date when you anticipate that DATE WILL BE INSERTED WHICH as specified in § 60.8 within 180 days
a qualified operator will be available. WILL BE THREE YEARS AFTER THE after [A DATE WILL BE INSERTED
(2) Submit a status report to the EPA DATE THE FINAL RULE IS PUBLISHED WHICH WILL BE THREE YEARS
every 4 weeks that includes the three IN THE Federal Register]. You must AFTER THE DATE THE FINAL RULE IS
items in paragraphs (a)(2)(i) through (iii) submit a notification to the PUBLISHED IN THE Federal Register.
of this section. Administrator postmarked within 10 (c) After the initial test for opacity,
(i) A description of what you are business days after [A DATE WILL BE conduct annual tests no more than 12
doing to ensure that a qualified operator INSERTED WHICH WILL BE THREE months following the date of your
is accessible. YEARS AFTER THE DATE THE FINAL previous test.
(ii) The date when you anticipate that RULE IS PUBLISHED IN THE Federal (d) If the air curtain incinerator has
a qualified operator will be accessible. Register. been out of operation for more than 12
(iii) Request approval from the EPA to months following the date of your
continue operation of the OSWI unit. § 62.15795 What must I do if I close my air
curtain incinerator that burns only wood
previous test, then you must conduct a
(b) If your unit was shut down by the test for opacity upon startup of the unit.
waste, clean lumber, and yard waste and
EPA, under the provisions of
then restart it? § 62.15815 What are the recordkeeping
§ 62.15570(c)(2), due to a failure to
provide an accessible qualified operator, (a) If you close your incinerator and and reporting requirements for air curtain
you must notify the EPA that you are re-start it, but will reopen it prior to the incinerators that burn only wood waste,
resuming operation once a qualified final compliance date in your State clean lumber, and yard waste?
operator is accessible. plan, you must achieve compliance by (a) Keep records of results of all initial
[A DATE WILL BE INSERTED WHICH and annual opacity tests in either paper
§ 62.15770 Are there any other WILL BE THREE YEARS AFTER THE copy or computer-readable format that
notifications or reports that I must submit? DATE THE FINAL RULE IS PUBLISHED can be printed upon request, unless the
Yes. You must submit notifications as IN THE Federal Register]. Administrator approves another format,
provided by § 60.7. (b) If you close your incinerator but for at least five years. You must keep
will restart it after your final compliance each record on site for at least two years.
§ 62.15775 In what form can I submit my date, you must meet the emission
reports? You may keep the records off site for the
limitations in § 62.15805 on the date remaining three years.
Submit initial, annual, and deviation your incinerator restarts operation.
reports electronically or in paper format, (b) Make all records available for
postmarked on or before the submittal § 62.15800 What must I do if I plan to submittal to the Administrator or for an
due dates. permanently close my air curtain inspector’s review.
incinerator that burns only wood waste, (c) You must submit the results (each
§ 62.15780 Can reporting dates be clean lumber, and yard waste and not 6-minute average) of the initial opacity
changed? restart it? tests no later than 60 days following the

If the Administrator agrees, you may You must close the unit before [A initial test. Submit annual opacity test
change the semiannual or annual DATE WILL BE INSERTED WHICH results within 12 months following the
reporting dates. See § 60.19(c) for WILL BE THREE YEARS AFTER THE previous report.
procedures to seek approval to change DATE THE FINAL RULE IS PUBLISHED (d) Submit initial and annual opacity
your reporting date. IN THE Federal Register]. test reports as electronic or paper copy
on or before the applicable submittal a title V permit prior to the deadlines incinerator will be used for more than
date. specified in paragraph (a). If more than 8 weeks and request permission to
(e) Keep a copy of the initial and one requirement triggers a source’s continue to operate the unit as specified
annual reports for a period of five years. obligation to apply for a title V permit, in paragraphs (b)(1) and (2) of this
You must keep each report on site for the 12-month timeframe for filing a title section.
at least two years. You may keep the V permit application is triggered by the
(1) The notification must be submitted
reports off site for the remaining three requirement which first causes the
in writing by the date 8 weeks after you
years. source to be subject to title V. (See
section 503(c) of the Clean Air Act and start operation of the temporary-use
§ 62.15820 Am I required to apply for and 40 CFR part 70.3(a) and (b), 40 CFR incinerator or air curtain incinerator
obtain a title V operating permit for my air
parts 70.5(a)(1)(i), 40 CFR parts 71.3(a) within the boundaries of the current
curtain incinerator that burns only wood emergency or disaster declaration area.
waste, clean lumber, and yard waste? and (b), and 40 CFR parts 71.5(a)(1)(i).)
(c) A ‘‘complete’’ title V permit (2) The notification must contain the
Yes. If your air curtain incinerator is application is one that has been date the incinerator or air curtain
subject to this subpart, you are required determined or deemed complete by the incinerator started operation within the
to apply for and obtain a title V relevant permitting authority under boundaries of the current emergency or
operating permit as specified in section 503(d) of the Clean Air Act and
§§ 62.15825 and 62.15830. disaster declaration area, identification
40 CFR parts 70.5(a)(2) or 40 CFR part of the disaster or emergency for which
Title V Operating Permits 71.5(a)(2). You must submit a complete the incinerator or air curtain incinerator
permit application by the relevant is being used, a description of the types
§ 62.15825 Am I required to apply for and application deadline in order to operate
obtain a title V operating permit for my of materials being burned in the
after this date in compliance with
existing unit? incinerator or air curtain incinerator, a
Federal law. (See sections 503(d) and
Yes. If you are subject to the brief description of the size and design
502(a) of the Clean Air Act and 40 CFR
requirements of this subpart, you are of the unit (for example, an air curtain
parts 70.7(b) and 40 CFR part 71.7(b).)
required to apply for and obtain a title incinerator or a modular starved-air
V operating permit unless you meet the Temporary-Use Incinerators and Air incinerator), the reasons the incinerator
relevant requirements for an exemption Curtain Incinerators Used in Disaster or air curtain incinerator must be
specified in § 62.15485. Recovery operated for more than 8 weeks, and the
§ 62.15835 What are the requirements for amount of time for which you request
§ 62.15830 When must I submit a title V permission to operate including the date
temporary-use incinerators and air curtain
permit application for my existing unit? you expect to cease operation of the
incinerators used in disaster recovery?
(a)(1) If your existing unit is not Your incinerator or air curtain unit.
subject to an earlier permit application incinerator is excluded from the (c) If you submitted the notification
deadline, a complete title V permit requirements of this subpart if it is used
application must be submitted on or containing the information in paragraph
on a temporary basis to combust debris (b)(2) by the date specified in paragraph
before the earlier of the dates specified from a disaster or emergency such as a
in paragraphs (a)(1)(i) through (iii) of (b)(1), you may continue to operate the
tornado, hurricane, flood, ice storm, incinerator or air curtain incinerator for
this section. (See sections 129(e), 503(c), high winds, or act of bioterrorism. To
503(d), and 502(a) of the Clean Air Act another 8 weeks, which is a total of 16
qualify for this exclusion, the weeks from the date the unit started
and 40 CFR parts 70.5(a)(1)(i) and 40 incinerator or air curtain incinerator
CFR part 71.5(a)(1)(i).) operation within the boundaries of the
must be used to combust debris in an
(i) 12 months after the effective date current emergency or disaster
area declared a State of Emergency by a
of any applicable EPA-approved Clean declaration area. You do not have to
local or State government, or the
Air Act section 111(d)/129 State or President, under the authority of the meet the emission limitations or other
Tribal plan. Stafford Act, has declared that an requirements of this subpart during this
(ii) [A DATE WILL BE INSERTED emergency or a major disaster exists in period.
WHICH WILL BE ONE YEAR AFTER the area, and you must follow the (1) At the end of 16 weeks from the
DATE THE FINAL RULE IS PUBLISHED requirements specified in paragraphs (a) date the incinerator or air curtain
IN THE Federal Register]. through (c) of this section. incinerator started operation within the
(iii) December 16, 2008. (a) If the incinerator or air curtain boundaries of the current emergency or
(2) For any existing incineration unit incinerator is used during a period that disaster declaration area, you must
not subject to an earlier permit begins on the date the unit started cease operation of the unit or comply
application deadline, the application operation and lasts 8 weeks or less with all requirements of this subpart,
deadline of 36 months after the within the boundaries of the same unless the Administrator has approved
promulgation of 40 CFR part 60, subpart emergency or disaster declaration area, in writing your request to continue
FFFF, applies regardless of whether or then it is excluded from the operation.
when any applicable Federal plan is requirements of this subpart. You do not
effective, or whether or when any need to notify the Administrator of its (2) If the Administrator has approved
applicable Clean Air Act section 111(d)/ use or meet the emission limitations or in writing your request to continue
129 State or Tribal plan is approved by other requirements of this subpart. operation, then you may continue to
the EPA and becomes effective. (b) If the incinerator or air curtain operate the incinerator or air curtain
(b) If your existing unit is subject to incinerator will be used during a period incinerator within the boundaries of the
title V as a result of some triggering that begins on the date the unit started current emergency or disaster
requirement(s) other than those operation and lasts more than 8 weeks declaration area until the date specified
specified in paragraph (a) of this section within the boundaries of the same in the approval, and you do not need to
(for example, a unit may be a major emergency or disaster declaration area, comply with any other requirements of
source or part of a major source), then you must notify the EPA that the this subpart during the approved time
your unit may be required to apply for temporary-use incinerator or air curtain period.
Delegation of Authority § 62.15595 establishing operating (e) Approval of major alternatives to

parameters when using controls other recordkeeping and reporting
§ 62.15840 What authorities are withheld
than a dry scrubber followed by a fabric requirements of this subpart.
by the EPA?
filter, a wet scrubber, or a dry scrubber (f) Approval of requests submitted
The following authorities are followed by a fabric filter and a wet
withheld by the EPA and not transferred pursuant to the requirements in
scrubber.
to the State or Tribe: § 62.15570(c)(2)}.
(a) Approval of alternatives to the (c) Approval of major alternatives to
emission limitations in Table 1 of this test methods established under Equations
subpart and operating limits established § 62.15610 and Table 1 of this subpart.
§ 62.15845 What equations must I use?
under § 62.15585 and Table 2 of this (d) Approval of major alternatives to
subpart. monitoring requirements established (a) Percent oxygen. Adjust all
(b) Approval of petitions submitted under §§ 62.15665 through 62.15710 pollutant concentrations to 7 percent
pursuant to the requirements of and Table 2 of this subpart. oxygen using Equation 1 of this section.
Cadj = Cmeas ∗ (20.9 − 7) /(20.9 − %O 2 ) (Eq. 1)
Where: requires 16 hours, the OSWI unit can charging nor ash removal can occur
Cadj = pollutant concentration adjusted to 7 combust 24/16, or 1.5 batches, in 24 during combustion.
percent oxygen hours. Calendar quarter means three
Cmeas = pollutant concentration measured on (d) Carbon monoxide pollutant rate. consecutive months (nonoverlapping)
a dry basis When hourly average pollutant rates (Eh)
(20.9–7) = 20.9 percent oxygen–7 percent
beginning on: January 1, April 1, July 1,
oxygen (defined oxygen correction basis)
are obtained (e.g., CEMS values), or October 1.
20.9 = oxygen concentration in air, percent compute the rolling average carbon Calendar year means 365 consecutive
%O2 = oxygen concentration measured on a monoxide pollutant rate (Ea) for each 12- days starting on January 1 and ending
dry basis, percent hour period using the following on December 31.
(b) Capacity of a very small municipal equation: Chemotherapeutic waste means waste
waste combustion unit. For very small material resulting from the production
1 12
municipal waste combustion units that
can operate continuously for 24-hour
Ea = ∑ E hj
12 j=1
(Eq. 2) or use of anti-neoplastic agents used for
the purpose of stopping or reversing the
periods, calculate the unit capacity growth of malignant cells.
Where: Class II municipal solid waste landfill
based on 24 hours of operation at the
maximum charge rate. To determine the Ea = Average carbon monoxide pollutant rate means a landfill that meets four criteria:
for the 12-hour period, ppm corrected to
maximum charge rate, use one of two (1) Accepts, for incineration or
7 percent O2.
methods: Ehj = Hourly arithmetic average pollutant rate disposal, less than 20 tons per day of
(1) For very small municipal waste for hour ‘‘j,’’ ppm corrected to 7 percent municipal solid waste or other solid
combustion units with a design based O2. wastes based on an annual average;
on heat input capacity, calculate the (2) Is located on a site where there is
maximum charging rate based on the Definitions no evidence of groundwater pollution
maximum heat input capacity and one § 62.15850 What definitions must I know? caused or contributed to by the landfill;
of two heating values: (3) Is not connected by road to a Class
(i) If your very small municipal waste Terms used but not defined in this
subpart are defined in the Clean Air Act I municipal solid waste landfill, as
combustion unit combusts refuse- defined by Alaska regulatory code 18
derived fuel, use a heating value of and 40 CFR part 60, subpart A (General
Provisions). AAC 60.300(c) or, if connected by road,
12,800 kilojoules per kilogram (5,500 is located more than 50 miles from a
British thermal units per pound). Administrator means the
Administrator of the EPA, an employee Class I municipal solid waste landfill;
(ii) If your very small municipal waste
of the EPA, the Director of the State air and
combustion unit combusts municipal
solid waste, use a heating value of pollution control agency, or employee of (4) Serves a community that meets
10,500 kilojoules per kilogram (4,500 the State air pollution control agency to one of two criteria:
British thermal units per pound). whom the authority has been delegated (i) Experiences for at least three
(2) For very small municipal waste by the Administrator of the EPA to months each year, an interruption in
combustion units with a design not perform the specified task. access to surface transportation,
based on heat input capacity, use the Air curtain incinerator means an preventing access to a Class I municipal
maximum design charging rate. incineration unit operating by forcefully solid waste landfill; or
(c) Capacity of a batch very small projecting a curtain of air across an (ii) Has no practicable waste
municipal waste combustion unit. open, integrated combustion chamber management alternative, with a landfill
Calculate the capacity of a batch OSWI (fire box) or open pit or trench (trench located in an area that annually receives
unit as the maximum design amount of burner) in which combustion occurs. 25 inches or less of precipitation.
municipal solid waste it can charge per For the purpose of this subpart only, air Class III municipal solid waste
batch multiplied by the maximum curtain incinerators include both firebox landfill is a landfill that is not
number of batches it can process in 24 connected by road to a Class I municipal

ep18de06.031</MATH>
and trench burner units.

hours. Calculate the maximum number Auxiliary fuel means natural gas, solid waste landfill, as defined by
of batches by dividing 24 by the number liquefied petroleum gas, fuel oil, or Alaska regulatory code 18 AAC
of hours needed to process one batch. diesel fuel. 60.300(c) or, if connected by road, is
Retain fractional batches in the Batch OSWI unit means an OSWI unit located more than 50 miles from a Class
EP18DE06.030</MATH>
calculation. For example, if one batch that is designed such that neither waste I municipal solid waste landfill, and
that accepts, for disposal, either of the qualification and accessibility Atomic Energy Act of 1954 (42 U.S.C.
following two criteria: requirement in this subpart during 2014(e)(2)).
(1) Ash from incinerated municipal startup, shutdown, or malfunction, Malfunction means any sudden,
waste in quantities less than one ton per regardless of whether or not such failure infrequent, and not reasonably
day on an annual average, which ash is allowed by this subpart. preventable failure of air pollution
must be free of food scraps that might Dioxins/furans means tetra- through control equipment, process equipment,
attract animals; or octachlorinated dibenzo-p-dioxins and or a process to operate in a normal or
(2) Less than five tons per day of dibenzofurans. usual manner. Failures that are caused,
municipal solid waste, based on an Energy recovery means the process of in part, by poor maintenance or careless
annual average, and is not located in a recovering thermal energy from operation are not malfunctions.
place that meets either of the following combustion for useful purposes such as Metropolitan Statistical Area means
criteria: steam generation or process heating. any areas listed as metropolitan
(i) Where public access is restricted, EPA means the Administrator of the statistical areas in OMB Bulletin No.
including restrictions on the right to EPA or employee of the EPA that is 05–02 entitled ‘‘Update of Statistical
move to the place and reside there; or delegated the authority to perform the Area Definitions and Guidance on Their
(ii) That is provided by an employer specified task. Uses’’ dated February 22, 2005
and that is populated totally by persons Institutional facility means a land-
(available on the Web at http://
who are required to reside there as a based facility owned and/or operated by
www.whitehouse.gov/omb/bulletins/).
condition of employment and who do an organization having a governmental,
educational, civic, or religious purpose Modification or modified unit means
not consider the place to be their an incineration unit you have changed
permanent residence. such as a school, hospital, prison,
military installation, church, or other on or after June 16, 2006 and that meets
Clean lumber means wood or wood one of two criteria:
products that have been cut or shaped similar establishment or facility.
Institutional waste means solid waste (1) The cumulative cost of the changes
and include wet, air-dried, and kiln- over the life of the unit exceeds 50
dried wood products. Clean lumber (as defined in this subpart) that is
combusted at any institutional facility percent of the original cost of building
does not include wood products that and installing the unit (not including
have been painted, pigment-stained, or using controlled flame combustion in an
enclosed, distinct operating unit: Whose the cost of land) updated to current
pressure-treated by compounds such as costs (current dollars). For an OSWI
chromate copper arsenate, design does not provide for energy
recovery (as defined in this subpart); unit, to determine what systems are
pentachlorophenol, and creosote, or within the boundary of the unit used to
manufactured wood products that operated without energy recovery (as
defined in this subpart); or operated calculate these costs, see the definition
contain adhesives or resins (e.g., of OSWI unit.
plywood, particle board, flake board, with only waste heat recovery (as
defined in this subpart). Institutional (2) Any physical change in the OSWI
and oriented strand board).
waste also means solid waste (as unit or change in the method of
Collected from means the transfer of
defined in this subpart) combusted on operating it that increases the amount of
material from the site at which the
site in an air curtain incinerator that is any air pollutant emitted for which
material is generated to a separate site
a distinct operating unit of any section 129 or section 111 of the Clean
where the material is burned.
Contained gaseous material means institutional facility. Air Act has established standards.
gases that are in a container when that Institutional waste incineration unit Municipal solid waste means refuse
container is combusted. means any combustion unit that (and refuse-derived fuel) collected from
Continuous emission monitoring combusts institutional waste (as defined the general public and from residential,
system or CEMS means a monitoring in this subpart), and is a distinct commercial, institutional, and industrial
system for continuously measuring and operating unit of the institutional sources consisting of paper, wood, yard
recording the emissions of a pollutant facility that generated the waste. wastes, food wastes, plastics, leather,
from an OSWI unit. Institutional waste incineration units rubber, and other combustible materials
Continuous OSWI unit means an include field-erected, modular, cyclonic and non-combustible materials such as
OSWI unit that is designed to allow burn barrel, and custom built metal, glass and rock, provided that: (A)
waste charging and ash removal during incineration units operating with the term does not include industrial
combustion. starved or excess air, and any air curtain process wastes or medical wastes that
Deviation means any instance in incinerator that is a distinct operating are segregated from such other wastes;
which a unit that meets the unit of the institutional facility that and (B) an incineration unit shall not be
requirements in § 62.15460, or an owner generated the institutional waste (except considered to be combusting municipal
or operator of such source: those air curtain incinerators listed in waste for purposes of this subpart if it
(1) Fails to meet any requirement or § 62.15500(b). combusts a fuel feed stream, 30 percent
obligation established by this subpart, Intermittent OSWI unit means an or less of the weight of which is
including but not limited to any OSWI unit that is designed to allow comprised, in aggregate, of municipal
emission limitation, operating limit, or waste charging, but not ash removal, waste, as determined by § 62.15485(c).
operator qualification and accessibility during combustion. Municipal waste combustion unit
requirements; Low-level radioactive waste means means, for the purpose of this subpart,
(2) Fails to meet any term or condition waste material that contains radioactive any setting or equipment that combusts
that is adopted to implement an nuclides emitting primarily beta or municipal solid waste (as defined in
applicable requirement in this subpart gamma radiation, or both, in this subpart) including, but not limited
and that is included in the operating concentrations or quantities that exceed to, field-erected, modular, cyclonic burn
permit for any unit that meets applicable Federal or State standards for barrel, and custom built incineration
requirements in § 62.15460 and is unrestricted release. Low-level units (with or without energy recovery)
required to obtain such a permit; or radioactive waste is not high-level operating with starved or excess air,
(3) Fails to meet any emission radioactive waste, spent nuclear fuel, or boilers, furnaces, pyrolysis/combustion
limitation, operating limit, or operator byproduct material as defined by the units, and air curtain incinerators
(except those air curtain incinerators what systems are within the boundary Very small municipal waste
listed in § 62.15500(b)). of the unit used to calculate these costs, combustion unit means any municipal
Other solid waste incineration (OSWI) see the definition of OSWI unit. waste combustion unit that has the
unit means either a very small Refuse-derived fuel means a type of capacity to combust less than 35 tons
municipal waste combustion unit or an municipal solid waste produced by per day of municipal solid waste or
institutional waste incineration unit, as processing municipal solid waste refuse-derived fuel, as determined by
defined in this subpart. Unit types listed through shredding and size the calculations in § 62.15845.
in § 62.15485 as being excluded from classification. This includes all classes Waste heat recovery means the
the subpart are not OSWI units subject of refuse-derived fuel including two process of recovering heat from the
to this subpart. While not all OSWI fuels: combustion flue gases by convective
units will include all of the following (1) Low-density fluff refuse-derived heat transfer only.
components, an OSWI unit includes, fuel through densified refuse-derived Wet scrubber means an add-on air
but is not limited to, the municipal or fuel. pollution control device that utilizes an
institutional solid waste feed system, (2) Pelletized refuse-derived fuel. aqueous or alkaline scrubbing liquor to
grate system, flue gas system, waste heat Shutdown means the period of time collect particulate matter (including
recovery equipment, if any, and bottom after all waste has been combusted in nonvaporous metals and condensed
ash system. The OSWI unit does not the primary chamber. For continuous organics) and/or to absorb and
include air pollution control equipment OSWI, shutdown shall commence no neutralize acid gases.
or the stack. The OSWI unit boundary less than 2 hours after the last charge to Wood waste means untreated wood
starts at the municipal or institutional the incinerator. For intermittent OSWI, and untreated wood products, including
waste hopper (if applicable) and extends shutdown shall commence no less than tree stumps (whole or chipped), trees,
through two areas: 4 hours after the last charge to the tree limbs (whole or chipped), bark,
(1) The combustion unit flue gas incinerator. For batch OSWI, shutdown sawdust, chips, scraps, slabs, millings,
system, which ends immediately after shall commence no less than 5 hours and shavings. Wood waste does not
the last combustion chamber or after the after the high-air phase of combustion include:
waste heat recovery equipment, if any; has been completed. (1) Grass, grass clippings, bushes,
and Solid waste means any garbage, shrubs, and clippings from bushes and
(2) The combustion unit bottom ash refuse, sludge from a waste treatment shrubs from residential, commercial/
system, which ends at the truck loading plant, water supply treatment plant, or retail, institutional, or industrial sources
station or similar equipment that air pollution control facility and other as part of maintaining yards or other
transfers the ash to final disposal. The discarded material, including solid, private or public lands.
OSWI unit includes all ash handling liquid, semisolid, or contained gaseous (2) Construction, renovation, or
systems connected to the bottom ash material resulting from industrial, demolition wastes.
handling system. commercial, mining, agricultural (3) Clean lumber.
Particulate matter means total operations, and from community (4) Treated wood and treated wood
particulate matter emitted from OSWI activities, but does not include solid or products, including wood products that
units as measured by Method 5 or dissolved material in domestic sewage, have been painted, pigment-stained, or
Method 29 of appendix A of 40 CFR part or solid or dissolved materials in pressure treated by compounds such as
60. irrigation return flows or industrial chromate copper arsenate,
Pathological waste means waste discharges that are point sources subject pentachlorophenol, and creosote, or
material consisting of only human or to permits under section 402 of the manufactured wood products that
animal remains, anatomical parts, and/ Federal Water Pollution Control Act, as contain adhesives or resins (e.g.,
or tissue, the bags/containers used to amended (33 U.S.C. 1342), or source, plywood, particle board, flake board,
collect and transport the waste material, special nuclear, or byproduct material and oriented strand board).
and animal bedding (if applicable). as defined by the Atomic Energy Act of Yard waste means grass, grass
Reconstruction means rebuilding an 1954, as amended (42 U.S.C. 2014). clippings, bushes, shrubs, and clippings
incineration unit and meeting two Standard conditions, when referring from bushes and shrubs. Yard waste
criteria: to units of measure, means a comes from residential, commercial/
(1) The reconstruction begins on or temperature of 68° F (20° C) and a retail, institutional, or industrial sources
after June 16, 2006. pressure of 1 atmosphere (101.3 as part of maintaining yards or other
(2) The cumulative cost of the kilopascals). private or public lands. Yard waste does
construction over the life of the Startup period means the period of not include two items:
incineration unit exceeds 50 percent of time between the activation of the
(1) Construction, renovation, and
the original cost of building and system and the first charge to the OSWI
demolition wastes.
installing the unit (not including land) unit. For batch OSWI, startup means the
(2) Clean lumber.
updated to current costs (current period of time between activation of the
dollars). For an OSWI unit, to determine system and ignition of the waste. Tables to Subpart KKK of Part 62
TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS

[As stated in § 62.15575, you must comply with the following]
You must meet this emission limi- And determining compliance

For the air pollutant Using this averaging time
tation a using this method
1. Cadmium ................................... 18 micrograms per dry standard 3-run average (1 hour minimum Method 29 of appendix A of 40
cubic meter. sample time per run). CFR part 60.
TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS—Continued

You must meet this emission limi- And determining compliance

For the air pollutant Using this averaging time
tation a using this method
2. Carbon monoxide ...................... 40 parts per million by dry volume 3-run average (1 hour minimum Method 10, 10A, or 10B of appen-
sample time per run during per- dix A of 40 CFR part 60 and
formance test), and 12-hour CEMS.
rolling averages measured
using CEMS b.
3. Dioxins/furans (total basis) ........ 33 nanograms per dry standard 3-run average (1 hour minimum Method 23 of appendix A of 40
4. Hydrogen chloride ..................... 15 parts per million by dry volume 3-run average (1 hour minimum Method 26A of appendix A of 40
sample time per run). CFR part 60.
5. Lead ........................................... 226 micrograms per dry standard 3-run average (1 hour minimum Method 29 of appendix A of 40
6. Mercury ...................................... 74 micrograms per dry standard 3-run average (1 hour minimum Method 29 of appendix A of 40
7. Opacity ....................................... 10 percent ..................................... 6-minute average (observe over Method 9 of appendix A of 40
three 1-hour test runs; i.e., thirty CFR part 60.
6-minute averages).
8. Oxides of nitrogen ..................... 103 parts per million by dry vol- 3-run average (1 hour minimum Method 7, 7A, 7C, 7D, or 7E of
ume. sample time per run). appendix A of part 60. ASME
PTC 19.10–1981—Part 10 is an
acceptable alternative to Meth-
od 7 and 7C only (IBR, see
§ 60.17(h)).
9. Particulate matter ...................... 0.013 grains per dry standard 3-run average (1 hour minimum Method 5 or 29 of appendix A of
cubic foot. sample time per run). 40 CFR part 60.
10. Sulfur dioxide ........................... 3.1 parts per million by dry vol- 3-run average (1 hour minimum Method 6 or 6C of appendix A of
ume. sample time per run). 40 CFR part 60, or ANSI/ASME
PTC 19.10–1981 (IBR, see
§ 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
And monitoring using these minimum frequencies

For these operating param- You must establish these
eters operating limits Data measurement Data recording Averaging time
1. Charge rate ................... Maximum charge rate ....... Continuous ........................ Every hour ......................... Daily for batch units. 3-
hour rolling for contin-
uous and intermittent
units. a
2. Pressure drop across Minimum pressure drop or Continuous ........................ Every 15 minutes .............. 3-hour rolling. a
the wet scrubber or am- amperage.
perage to wet 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)
If needed to meet minimum data

Use the following performance
Use the following span values for requirements, use the following
For the following pollutants specifications (P.S.) in appendix B
your CEMS alternate methods in appendix A
of 40 CFR part 60 for your CEMS of 40 CFR part 60 to collect data
1. Carbon Monoxide ...................... 125 percent of the maximum P.S.4A ........................................... Method 10.
hourly potential carbon mon-
oxide 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
§ 60.17(h)) in lieu of Method 3B
only.
TABLE 4 OF SUBPART KKK OF PART 62.—SUMMARY OF REPORTING REQUIREMENTS

Report Due date Contents Reference
1. Initial test report ......................... a. No later than 60 days following i. Complete test report for the ini- § 62.15740.
the initial performance test. tial performance test; and
ii. The values for the site-specific § 62.15740.
operating limits.
2. Waste management plan ........... a. No later than 60 days following i. Reduction or separation of recy- §§ 62.15520 through 62.15530.
the initial performance test. clable materials; and
ii. Identification of additional waste §§ 62.15520 through 62.15530.
management measures and
how they will be implemented.
3. Annual report ............................. a. No later than 12 months fol- i. Company Name and address; §§ 62.15745 through 62.15750.
lowing the submission of the
initial test report. Subsequent
reports are to be submitted no
more than 12 months following
the previous report.
ii. Statement and signature by the §§ 62.15745 through 62.15750.
owner or operator;
iii. Date of report; .......................... §§ 62.15745 through 62.15750.
iv. Values for the operating limits; §§ 62.15745 through 62.15750.
v. If no deviations or malfunctions §§ 62.15745 through 62.15750.
were reported, a statement that
no deviations occurred during
the reporting period;
vi. Highest and lowest recorded §§ 62.15745 through 62.15750.
12-hour averages, as applica-
ble, for carbon monoxide emis-
sions and highest and lowest
recorded 3-hour averages, as
applicable, for each operating
parameter recorded for the cal-
endar year being reported;
vii. Information for deviations or §§ 62.15745 through 62.15750.
malfunctions recorded under
§ 62.15715(b)(6) and (c)
through (e);
viii. If a performance test was §§ 62.15745 through 62.15750.
conducted during the reporting
period, the results of the test;
ix. If a performance test was not §§ 62.15745 through 62.15750.
conducted during the reporting
period, a statement that the re-
quirements of § 60.2934(a) or
(b) were met; and
x. Documentation of periods when §§ 62.15745 through 62.15750.
all qualified OSWI unit opera-
tors 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

Proposed Rule: Air Pollution Standards of Performance For New Stationary Sources: Solid Waste Incineration Units Federal Plan Requirements

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Proposed Rule: Air Pollution Standards of Performance For New Stationary Sources: Solid Waste Incineration Units Federal Plan Requirements

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Monday,

December 18, 2006

B. What should I consider as I prepare my

Category NAICS* code Examples of potentially regulated entities

EPA REGIONAL CONTACTS FOR OSWI

ELEMENTS OF THE OSWI FEDERAL PLAN

Charge rate ........................................................ Maximum charge rate ...................................... Every hour.

6 It is important to note that an AG’s opinion

Average Total annual

Industry ................................................................................ 3,803 $174,703 $0 $0 $174,703

62.15700 How do I convert my 1-hour requirements.

and effective State plan.

regardless of the operating parameter and the corrective action taken.

changed? restart it? tests no later than 60 days following the

Delegation of Authority § 62.15595 establishing operating (e) Approval of major alternatives to

Cadj = Cmeas ∗ (20.9 − 7) /(20.9 − %O 2 ) (Eq. 1)

number of batches it can process in 24 connected by road to a Class I municipal

and trench burner units.

TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS

You must meet this emission limi- And determining compliance

tation a using this method

TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS—Continued

You must meet this emission limi- And determining compliance

And monitoring using these minimum frequencies

If needed to meet minimum data

oxide emissions of the waste

TABLE 4 OF SUBPART KKK OF PART 62.—SUMMARY OF REPORTING REQUIREMENTS

Report Due date Contents Reference

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

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